hath beendone amiss by such Monopolizing Officers or their Superiors And then would the Vagrant Favorite Counsel forbear wandering abroad into several Counties and extorting upon the people there and putting them to great trouble as they have too often used And further and lastly upon observation and serious consideration of the whole matter before expressed We conceive and are informed by others with whom we have conferred that by the Ten last Propositions if the same were Enacted would yearly be saved to the honest People of this Nation above fifty thousand pounds 50000 l. which annually formerly have been exacted from them by undeserving corrupt Officers over and above the before mentioned Sums by rendering of some of the Offices and Officers by and in those Ten Propositions mentioned who formerly have unlawfully exacted yearly divers thousands of pounds meerly useless and to have been inconvenient and mischievous and reducing others of them useful from divers thousands of pounds to four hundred pounds and others to a competent gain according to their deserts as anciently hath been before Innovations and Exactions crept in being contrived and obtained by Monopolists and Buyers and Sellers of Offices and Justice without Parliament-Authority contrary to the Law See the Table or the Particulars of the Five millions seven hundred sixty eight thousand seven hundred and seven pounds 5768707 l. formerly yearly Exacted and Extorted and Losses in Estates every year heretofore annually hereafter saved and prevented cast up together in Pag. 21. of this Book Postscript WE desire all the honest People of this Nation further to take notice that we conceive our selves bound to publish our Observations upon what we have with deliberation plainly seen to be intolerable Abuses and Oppressions layd upon the People of this Commonwealth It is no small grief unto us to minde what little Justice we have seen and heard of exercised in this our age in Courts of Judicature What is it but the want of reforming what is amiss and unjust which hath made our Troubles last so long in this our Native Country Was it not the cause of the beginning and long continuing of Wars in Scotland and hath it not been a means to continue Troubles in Ireland and is it not a great Encouragement now to Forreign People to make War against us they understanding how many discontents are amongst our selves If Justice were but equally distributed to all who then would not advance the Republique with their Ingenuities Purses and Persons and would it not make our Enemies at home to be at peace with us and set to their helping hand to carry on just Designs We cannot but call to remembrance how at the beginning of our Troubles many thousands were not backward to adventure their lives and others caused their Mony Plate and Gold-rings to be freely made use of upon a Publique Account and not all out of a religious principle only but meerly for common Justice betwixt man and man which being now not to be found makes most of them repent of what they have done saying That if they had thought pulling down Kingly Government would have advantaged them no more they would have been contented to be tyrannized over by a King still and the fault of all we find to be put upon those who are good for nothing but to set People together by the ears and find out tricks to continue Law-Suits even betwixt Father and Son Husband and Wife Brother and Brother c. so long as they have any feathers upon their backs and when they are made Beggers by having their Suits span out to the end of Suitors Purses with a Bottom of non-satisfaction woond up to the grieved party let them go where they will We cannot but observe how almost all men are procuring large possessions to themselves and serving their own ends and neglecting the Publique for which at the first Lives and Estates were not too much to adventure many are apt to say that they fear Gold Silver or some rich Pad-locks are hung upon the mouths of divers persons who were wont to stand and speak for righteous and just things to be done but now of late have been silent and idle who but the other day as it were were mighty stirring men and nothing should satisfie them until a Reformation of palpable Abuses We also note how many hard words our Rulers have abroad by reason of the slow proceedings in Regulations and it is thought the Favorite Lawyers and Monopolists are the Obstructors It is very sad to consider how many Complaints are heard abroad every day we can hardly have the sound of them out of our ears nor our eyes long from beholding one or other not only begger'd but also deprived of part or all their Senses by Oppression so that they are in no little better condition then mad as is too apparant in these days Why do we behold fawning flattering and dissembling persons who were and still are common Enemies to the Government of this Commonwealth speed better then honest godly and conscientious Christians Why is it that by favor so many Drunkards Swearers Divers Officers have been so impudent that they have not blushed to say they could not be half content with their Salary without taking Gratuities notorious Lyars c. are preferred to places of Trust and great concernment without any desert at all unto which persons industrious honest and religious people are made a prey and by whom they are perplexed intolerably unless Bribes be put into the Oppressors hands As for prosecuting persons for any misdemeanor it is neither safe nor profitable for any that are plain down-right-dealing conscientious and honest men for an Offendor shall have favor enough for his mony and unless the Prosecutor be as free as the Deliquent he is like to come off with a Scratcht face and after the expence of much mony be liable to be sued for what he hath done So that we conceive Penal Statutes to be but of little use except to get mony to Informers who are accounted to be a Pack of Knaves living upon other mens labors for there is scarce one to be found who will not take Bribes and rest contented without caring to see the Justice of the Law executed which encourageth notorious Offendors much knowing they can buy their peace with a small sum of mony when they please But divers that are honest are so perplexed with the said Informers who usually take rugged courses with them to fright them to give mony that their lives are made burdensom to them and their Estates not at their own but unreasonable creatures disposing who exact what they please or else the Defendant shal be put to excessive charge and trouble although his offence be but feigned or not worth the naming All these foregoing Grievances we conceive are occasioned by reason of the want of honest just impartial and able persons to hear and determine Controversies and Differences whose place it is to inquire out the truth and make a speedy determination without suffering the Prosecutor or the prosecuted or both to be undone by the invented tricks and devices of those who mind nothing but their own excessive gain and the Peoples ruine we see it apparant dayly that a man had better lose his Right then contend for it with wilful malicious powerful and rich Adversaries nay if Equals go to Law there being so many intricacies in proceedings both parties are at as much doubt which way the Cause will be carryed as if they should throw a Cast at Dice for it We cannot but stand amazed when we seriously consider what grievous corruption there is almost in all places where abused afflicted and grieved parties should make their conditions known with expectation of Redress and with what difficuly charge and adventure Justice is procured If that Officers abuseth Suitors by exacting or extorting mony or by delay of such business which their duty binds them to see performed or otherwise the grieved party cannot tell where to complain but to those from whom little Redress can be expected so that he is constrained to be contented to be a slave to those that are but Servants All these before mentioned Oppressions we are perswaded God will find out some way or other of deliverance from but who it is that will be so far honored with the promoting of such a glorious Work we are not yet able to discern Can we expect it from any but those that are honest and godly Whosoever they be that have opportunities put into their hands and makes not use of them He that knoweth all things will lay such persons aside and make use of others that shall make a better improvement of their Talents which they are betrusted with These things being upon our hearts we thought good to publish at the present reserving divers other until hereafter some convenient opportunity presents being confident that most that are of publique spirits unbiassed honest and conscientious will as we conceive they are bound endevor the promoting of them by using what lawful means the Lord shall direct them unto THE END LONDON Printed by John Macock and are to be sold by Francis Tyton at the three Daggers in Fleetstreet and Nathaniel Brook at the Angel in Cornhill 1652.
therein to save charges and the Monopolizers deserted And if these 15th and sixteenth Proposals were enacted then would the exactions and extortions ☞ by compelling the people to buy Law and Justice in paying for Copies of Bills Answers Replications Rejoynders and other proceeding thereupon be quite abrogated and the Drones so exacting and extorting them that is to say the six Clerks and such like vermin left and deserted as useless and by the same means saved to and for the honest people of this Nation yearly Two hundred and sixteen thousand pounds 216000 l. The manner how the last mentioned sums have been so yearly exacted and extorted and how the same may be saved to and for the honest people of this Nation hereafter followeth for the perfect understanding of the common people how the six Clerks so extort and exact yearly Twelve thousand pounds 12000 l. and their under Clerks above treble as much being Thirty six thousand pounds 36000 l. the whole whereof is Forty eight thousand pounds 48000 l. The Offices of these six Clerks being accounted yearly to be worth Two thousand pounds 2000 l. and more apiece and it is commonly knonw that their Under Clerks usually have taken and take after the rate of eight pence for every sheet which they have copyed for above four times more then they have accounted for to such vermin their Masters which by them hath been connived at in some of such their Under Clerks of their favorites and creatures partakers and helpers of them in such their wicked practises though not in others of them whom they have kept under like Spaniels And moreover the enacting of the same fifteenth and sixteenth Proposals if done will extend to all other English Courts or formerly or now so called which have been or may be hereafter created to or for the same or such or the like effect or purpose there having been eight or nine more of such in England and thereby save further to the same people of this Nation yearly so much more being Forty eight thousand pounds 48000 l. The total of which amounteth to Ninety six thousand pounds 96000 l. And the same Exactions and Extortions by the same occasion would be removed out of the Courts of the Common Law wherein although Declarations and Pleadings be nothing near so long yet in the number thereof far exceed those in such formerly or now called English Courts or Courts of Equity and thereby and by shortening Declarations c. in the recitals of Writs and taking away of unnecessary imparlances saved for the same purpose as much or more then before is mentioned being Ninety six thousand pounds 96000 l. The total of all which sums concerning these two Propositions for England only amounteth to One hundred ninety two thousand pounds 192000 l. In Wales and Ireland besides which have been and may be hereafter if not prevented half as much being Ninety six thousand pounds 96000 l. The total of all which sums for all those places amounteth to the Two hundred and sixteen thousand pounds 216000 l. before mentioned 17. That no motion or Petition shall be made and delivered against any until a Copy thereof be first delivered to him Then may the savorite Lawyers hang up their Gowns in the Hangmans Wardrobe And that if he do not consent to the desire in such Copy he being thereby directed to a leading precedent in such case then he to forfeit the parties charges and damages of delay in moving And that if he shall consent thereunto and not gain-say the same within a convenient time that then he shall be compelled to perform the same as if the same should be ordered 18. That no Prohibition or Consultation be moved for unless such Notes or Writings be delivered or left in such manner and form as is mentioned in the Propositions concerning Motions and Orders 19. That a penalty of one hundred pounds be imposed upon every Master of the Chancery and other Referree for reporting contrary to any Book or Writing shewed to him which by his order he may view or for not reporting so much as he should within the Books or Writings being shewed where to find the matter And likewise if the seventeenth eighteenth and nineteenth Proposals last mentioned were enacted then would the extorting and exacting of Registers and Enterers up and Drawers of Orders and Rules and Copies thereof be for ever buried in Oblivion and thereby yearly saved to the honest people of this Nation the extraordinary charges which formerly they have been unnecessarily put to amounting to as hereafter is particularly calculated or cast up to Six hundred forty eight thousand pounds 648000 l. How the last mentioned exaxtions and extortions have been drawn from the honest people before mentioned and they constrained to buy Justice as hereafter is expressed for the perfect understanding of the common people thereof In every leaf of every of the two Books for a year of the Registers in Chancery there usually be entered ten ordinary Orders made upon motions there in both those Books for one year there most commonly have been for many years past and be three thousand leaves or more for every year every of which Orders one with another hath been and is an occasion of expences extraordinary to both parties therein concerned five pounds by drawing and making several Copies of Breviates and seeing of one Counsellor to begin and another or others and sometimes many to second such motion and drawing and copying Affedavits and Orders several times and entering the same and by seeing Solicitors to attend such Court about the same And many times when there hath been counsel on both sides it hath cost the other party answering such Motion as much as the party moving the same And in many Orders longer then those ordinary there usually is and hath been expended in counsel and attendance and other charges thereabouts in some 10 l. some 20 l. others 40 l. and divers more And at hearings as much or more so that by entering of long Orders in these Books there will be no less charges in the Orders of every leaf of those Books by reason of the great charges of those long Orders At which rate the charges of the Orders in every of those leaves one with another will amount to 40 l. at the least and so of every one hundred of leaves to four thousand pounds 4000 l. And there being in those Books of the Registers as before is mentioned three thousand leaves it will be found by multiplying forty by three thousand that the total will amount to One hundred twenty thousand And also in other Courts now or late called English Courts or Courts of Equity and such like wherein Secretary hand been used in England without Wales and Ireland to as much amount unto One hundred and twenty thousand pounds 120000 l. Besides the charges about divers motions which dye in the breeding and therefore no Orders made upon the same which mounteth
when they rode from the Serjeants Innes to Westminster Hall and back again upon Asses To shew they ought to be humble and not to vaunt as some have done nor to hoard up much as others have done who with their Favorites and Creatures have gained excessively by the Law before and grew mighty in riches as did the Papal Priests before their fall who in their times gained a great part of the best Lands and Scituations of this Nation by Combination Craft and Subtilty by lulling the people asleep in ignorance and blindness in their vain Superstition pronouncing Hell and Damnation with Bell Book and Candle to all who did not observe the same and thereby brought the people into a sond belief of them for since that fall those that is to say the Judges and their favorites have far out-run these Priests in gaining riches in an excessive manner by griping of very many men divers of whom having been very indigent persons and have climbed up and leap'd into most of the Lordly Titles and gainful places and offices in this Nation and therein and thereby have domineered tyrannized over and oppressed the honest people and gained the favour of fawning flattering and lascivious Courtiers by rewards which they have given upon their entrance into and upon the extorting exacting innovate unnecessary Offices in this Nation to such lascivious and fawning Courtiers and Sycophants who notwithstanding that which they had of them at the first have caused such Officers and great persons and inferior innovated Officers under them to bleed every year ☜ and vomit up part of their Extortions and Exactions to continue them in such their pride and lust and in those ancient times the Serjeants or Servants at Law though they were very learned and far excelled many which have been since and took great pains and care received very reasonable for the same and yet were glad when Clients retained them and used them mildly Their Fee in ancient times but ten groats for a Term. and had great care of their businesses seldom times any Lawyer taking above one Fee in one Cause in a Term notwithstanding such care and pains for then they did not cause men to stand Cap in hand and scrape legs and beseech them to take their mony and then to take large Fees of them most commonly twenty shillings and many times more and divers times many pounds and divers and sundry times have done little and sometimes nothing at all for the same nor came at the Bars at all at the times and places where and when they were to speak according to their Retainers and yet when some few of them have been required to restore the mony which they so have taken they have been so impudent as to refuse and have denyed to restore the same saying to the Clients ☜ it was enough for them that he were not against them and chid them away who have not dared to complain against such Lawyers by reason of the favour which they have had with great Parsonages to whom properly such Clients should complain in that behalf being in great places and having acted such things before they had climbed thither by which means many have been ruined out of whose decays such Serjeants and Lawyers of late have made at their entrances into their offices or places princely Feasts at which they entertained many Sycophant lascivious Courtiers and thereby so ingratiated themselves with those and the lordly persons of this Nation that they have come to such powerful and gainful places as is before mentioned and as is reported were the chief Procurers of a Law to be made whereby they be stiled the honest Serjeants c. and that nothing shall be allowed to any Attorney for any thing given to any Lawyer unless he hath a Ticket or Note under the hand of such Lawyer to shew for the same which whether any or any considerable number did or would give any such thing of late any reasonable man may judg for it is doubted they are ashamed to give any such Note their Fees having been of late so large but by these means the poor Attorney is kept in a slavish condition that he dareth not speak what he knoweth for fear that if his Clients who will not willingly pay for what he paid to such Serjeants and Lawyers but he be constrained to sue for the same and cannot fright his Clients into payment he shall surely lose his mony before he can obtain such Note from any such Lawyer And now of late the Attorneys are not permitted as anciently hath been used to read Records at Assizes when there have been very few Records Nisiprizes tryed in some Counties where many of late use to be tryed not above one or two in two or three years it having been a wonder to the people in divers Counties to hear of such a thing tryed there and in those ancient times there seldom or never was any Counsel on either side at such Tryal but the Judges being then very learned caused the Attorneys to call their Clients Witnesses and he diligently examined them in the presence of the Jury and after sull evidence heard informed the Jury what he conceived they were to do according to his duty in which such Judges in those days were very diligent and did not sit sleeping while the Evidence were giving and leave the Debate of the business to many Counsel on both sides to wrangle and scold out the matter which often hath been done in such manner as the Juries have found against the right as hath appeared afterwards 4. That all Records which shall be needful to be made and bound up into Books or Bundles shall be written by the Clerk or Clerks of some of the Judges of such Court or Examined and Signed and done within such manner and form as is mentioned in the said third Proposition without taking any thing for the same And this may such Judges very well afford to do or cause to be done out of their great Allowances or Salaries which now are given and allowed unto them as well as the former for in ancient times when the former Judges had but small Salaries in respect of that which is now allowed to these Judges of late the Records for a Term in one of the superior Courts might be put and carried in a mans pocket being but one single bundle of Rolls containing about twenty or thirty Rolls and yet some of them fraught with many Continuances most of which long since have been rendred useless by the Statute of Jeofailes But now there be thousands of Rolls in some one or more of the Terms in the year in some of such superior Courts containing three great Bundles of Rolls so much as two or three Porters can conveniently carry on their shoulders the most part of which containing vain Entries Imparlances and Continuances thereof and of Proces of Philazers and Exigenters and Continuances thereof and Counts and Declarations
things for a Judg necessary to be done about the Tryal of the same For this may the chief Judg or Justice or any other Judg do if they will for in the Statute whereby such Tryals were created it is Enacted That such Records to be tryed should be sent to the Justices of Assize to be tryed by the Court or chief Justice thereof where the Cause to be tryed is depending and no Fees set what they should take for the same whereby it may be clearly gathered that the intent of that Law was that such Records should be sent down into the Countries to be tryed without such charge as now by making new Records thereof for which there is no mention made in the Statute and after returned thither for Judgments to be entred upon the same which may very well and easily be done if the particular Records of every Cause might be distinctly kept by themselves and Filed together and not to be bound up in Books or bundles till after final Judgment or sentence and why may not any man have his Judgment entred upon the same Record to be kept and filed and not to be at the charge against his Will to have them written again most of them being either satisfied or payd shortly after Judgment entred But if any new precedent happen then it is and will be convenient that all the proceedings thereupon should be entred at large and bound up into books or bundles but at the publique charge only and then care will be taken that no such books or bundles shall be stuffed with superfluous matter and thereby made long and the State be put to unnecessary charges by such Entries and the People to much trouble in searching for Records in such Court and as concerning the Examination of such Records and Proceedings there will be little need if the Propositions or Proposals for Amendment of Proceedings in Law do take effect 10. That if any Sheriff Bayliff or Serjeant at the Mace shall require exact or take any excessive sum of Mony of any who shall desire or require him to execute any Writ or Warrant according to his duty when he may attend the same and go about it without danger then shall such Sheriff Bayliff and Serjeant forfeit and lose to the party grieved thereby the value of his just Debt r Duty for recovery of which by such Writ he prosecuteth And that if any such Officer shall take or exact any excessive Mony of any Debitor or Defendant by colour of staying or waiting or for Lodging or Dyet whereby such Debtor or Defendant is disabled to satisfie the Creditor or Demandant his Debt or Demand then such Officer to forfeit to such Creditor or Demandant ten times the value of that which the said Officer shall so exact or take If this were Enacted then neither would nor could such Officers afford to buy their Offices at such dear Rates as they have used of latter years for making up of which they have used great and grievous Extortions whereby many poor people have been utterly ruined and others much impoverished and divers others put to excessive charges and trouble to as much or more then the value of that which they sued for such Officers most commonly when they have had Executions to serve having exacted of the Prosecutor sometimes half at other times a third and most commonly a fourth part of the Debt or Demand before they have or would serve such Execution against the goods or body of any and when they have had Writs to deliver to any possession of Messuages or Tenements they have usually taken and exacted of the Prosecutor one years Rent thereof or security for the same before they would go about it and besides if the Prosecutors have not by themselves or Solicitors danced attendance and waited on such Officers they neither have nor would serve such Executions until towards the end of the year of their remaining in Office taking Bribes in the mean time of the Defendant for forbearing such Execution and those who have made it as it were a Trade to be such Officer or Deputy from year to year in onc County or other for many years together and having by their secret Combination Practices and Confederacies with their Agents or Brethren in Iniquity have by themselves their Alies Servants or private Creatures took the benefit of the most part or a great part of the benefit of such Offices for divers years and have grown so cunning and subtil in the same that they have so seeretly extorted and exacted great sums of Mony by colour of such Offices which none but such as they could discover whereby they have given and could afford to give for such Offices more then any honest man whereby seldom or never any honest have medled or would meddle with any such Office and therefore such Officers so commonly continuing in Office have taken as it were a yearly Rent of many Out-liers and Fugitives in their Counties skulking and lurking there and never would arrrest nor have arrested them unless the Prosecutors or their Agents have been at their heels and by these means many just Debts have been lost by delay and the parties so lurking and skulking and bribing spent as much or more then would satisfie the Creditor and utterly undone themselves their wives and children in so living in expence and idleness for many years together And then also would be prevented the occasion of such Sheriffs and other Officers before with them mentioned exacting and extorting such great Sums of Mony out of many poor Defendants who have not so bribed such Officers and against whom such Officers have had Executions †A Sherift lately seized in Execution a Barn of Corn worth 40 l. he set one man to thresh it and two Bayliffs to oversee the work who sold the Corn to maintain themselves with good drink and victuals so that the Barn of Corn payd but about forty shillings of the Debt The said Sherist lately seized upon a Defendants Cows Horses and Sheep the Cows brought in dayly profit by their Milk the Horses by their dayly working so long as they were able to go on their lege the Sheep by being folded every night and kept in the common field where the Sherift had no right of common yet the Defendant when he redeemed his Cattel was compelled to pay for all their keepings as if they had done nothing but gone in Pasture-ground by selling the Cattel and Goods and Chattals at under-rates some to half at other times to less of the true value thereof to some of their Agents with whom by secret combination and practice between them which neither hath nor could be discovered they have shared and divided the spoyl and at other times by working and laboring Cattel and using and imploying the Goods and Chattals of such Defendants to and for the use of them and their Associates whereby the Cattel Goods and Chattals have been much impaired and