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A26628 An appeal to God and the King together with a true narrative of unparallell'd grievances &c. wherein may be seen as a mirrour ... the surpassing miseries of the English nation above other nations for having the best and most wholesome laws in the whole world, yet being so excessively corrupted by covetousness of money in the law-practicers as now they are ... and unless some expedient be found out for a just and due administration of justice without fee or bride, 'tis impossible for this nation to be happy, but must remain the most miserable nation in the whole world / most humbly presented by Benjamin Albyn. Albyn, Benjamin. 1697 (1697) Wing A884; ESTC R30565 91,672 50

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amounted to far more than what could thereby be recovered although I think I never retained more Counsel or fee'd them with more or greater Fees than what my Sollicitor told me was necessary and have sometimes had the Attorneys Bills taxed according to Law as was pretended yet some after the taxing have told me that by the strict Rules of the Law one tenth part of what charged therein could not be due unto them and for what really laid out I generally deposited in their hands for the Practicers in the Law are generally so wise as not to trust their Clients nor to go to Law one with the other I do not remember that in near sixteen years time that I have bin harrassed and tormented at Law that I did ever see or hear of two Lawyers dispute their own Right at the Law neither is there any reason to expect to hear of such a thing for doubtless the Laws are plain and a Cause truely stated must needs appear by the Law at the very first time as well as at the thousandth time to be either in the right or in the wrong but the great-Virtue of a good and able Lawyer is to make a bad Cause good and a good Cause bad But is it not a marvellous thing to see how in other Countries without Lawyers people can live and enjoy their own peaceably and quietly without imbroils And here in England if a Man have any thing that then he must either undoe others or be undone himself by the Law And that the Laws designed for the good and welfare of the People should be so managed as to become their utter ruine and destruction Now whereas in the time of the Heathen Roman Empire St. Paul had so much Justice Favour and Reason used towards him as to be allowed the liberty of Speaking without hindrance so as to be heard in whatsoever he could say in making his own Defence for himself And now here in England the Lawyers have a method of understanding one another for favouring a Cause on the one side and baffling it on the other side by saying This is not to the Point and That is not to the Point and also by calling it the Practice of the Court to Fine a Man for setting forth the whole truth although it be never so much to the purpose of clearing the Case on both sides which cannot rightly be understood without And whereas a Bill in Chancery preferred by one Man against another is no less than one man's Accusation of another who being to answer upon Oath is therein to make his Defence I do most humbly pray that all such unreasonable and lawless Practices being without Statutes may be forborn And that in this my Case mine Answer filed in the Lord Mayor's Court the 23d of July 1696 may stand without a Fine and upon hearing of the Cause all parts thereof may be heard justly and duely weighed and considered And that Sir Richard Blackam and Mr. John Freeman may fully and truely answer upon their corporal Oaths every Word or at least each Paragraph in my Cross-bill preferred against them without Evasion or Equivocation by the help of Lawyers that so the truth of all matters depending betwixt me and them may be made manifest and the Right and Truth being fully understood Justice may be done accordingly For though by the Law I had undeniably a good Action for great Damages yet by the force of Mr. Moyer's Money the Law could not prevail So it seems the Law is so much to be managed and byassed by Money that it can by no means Right any Man that hath it not or at most but in proportion to the quantity he hath to bestow For I do remember the first time my Counsel moved the Lords Commissioners of the Great Seal for a Supersedeas to set aside Mr. Moyer's Statute of Bankrupt most unjustly and unduely taken out against me Mr. Moyer's Counsel did alledge that Mr. Moyer was worth the best part of One hundred thousand pounds so they ordered the Statute to go on notwithstanding all the Allegations and the undeniable Arguments my Counsel could use whereupon my Counsel said at their peril let them go on upon which Caution I think they went on no farther although they would not grant a Supersedeas but continued the Statute many months after and by their means Mr. Moyer did most wrongfully continue the Statute upon me near twelve months Doubtless God Almighty in his Law hath directed other things contrary and in no case allows partiality and hath given every Man his own tongue to speak for himself though now the Lawyers here in England have brought the People to that pass that they by no means must be allowed to speak for themselves or can hardly say their Souls are their own nay I know some of them will not allow that any Man but a Lawyer can speak Reason or Sense unless he be very rich and then he is wise and every thing else So now since nothing can resist the forceable Power of Money but the Personal Authority and Word of the King 's most Excellent Majesty God's Vicegerent I have therefore thought it highly necessary and the only expedient left me to throw my self Life and mine All at His Majesty's Feet whose Just Power and Prerogative alone can and I doubt not but will do me Justice And therefore as I have presumed so far to assume the Right of a Loyal Subject herein to represent the Truth of mine Unparallell'd Grievances by no means to be Redressed by Law or by Parliaments though endeavoured for sundry years last past I do adventure to mention one Grievance more because I do look upon it encouraged and caused merely by the want of Redress in my former Grievances for as yet not being gotten out of the Grave of Infamy dug so deep by Sir Richard Blackam that cannot yet find its bottom One William Mann Esq the City of London's Sword-bearer doth think fit to keep that form me which God in his Providence by the Rules of the Law hath made to be mine for he knowing and finding that by the Law I can have no Right done for me without an expence of as much or perhaps double the value of the thing I should any time offer to Sue for refuseth to do only the common part of an honest Man which is only to deliver up unto me the Writings of a small Estate that he himself told me I was Heir unto by Law upon the Death of my Sister his fifth Wife who did also leave me a Legacy of 200 l. to be paid me within two years after her decease but he will part with neither because for peace and quietness sake and to avoid a Law-suit and to lay a foundation for Friendship with him if possibly I could I say for the said Considerations I did upon his importunity rather than have words of difference with him come to an agreement with him for the whole and
pleased to say That here are two to be cheated and he had rather Albyn should be cheated than Fowles and another Baron that perus'd corrected and sign'd my Bill against them both in the Exchequer whereby to be relieved against the Fraud then said at the Hearing I had no Equity though when I gave him his Counsel-Fee at signing being above the rate the Law allows I had a great deal of Equity Now by no means can I obtain an Hearing of the Cause against Haddersich who did fraudulently get and still keeps my Right to the said 250 l. from me so it seems a Counsel whiles a Counsel to get a Fee will tell his Client he hath Equity in his Cause but when made a Baron the Equity ceaseth though his Client be injured never so apparently by a most notorious Cheat who confesseth to have the Money and yet goes free without being called to Judgment and though my Bill be still depending he is protected and I can by no means obtain Justice in so plain a case which is stupendious to think how in England a Court of Equity should protect such a notorious Cheat I do believe the like is not in any other part of the World which doubtless must be a great encouragement to Cheats and looks as if the Laws were made only for the Practisers therein to enrich and raise themselves in the World and not for Righting the People and that such Cheats were to be encouraged as persons that brought Grist to the Lawyer 's Mill. Now in Turky where any Difference doth happen betwixt Man and Man the Man aggrieved may immediately call and have him that offends before the Caddee or Judge and without any delay both Plaintiff and Defendant plead their Cause themselves and according to their Laws the Caddee passeth Sentence which is immediately executed and the Matter ended both parties become friends and no provocations make the Turks live in Malice as generally people do here in England who I do believe use it more than all the World besides partly because here are so many whose business is to set people at variance by telling them what advantage one may have of the other by the force of Law partly because generally the people do highly commend the envious and malicious Spirit and call it a great Spirit though if duely considered I think nothing is more base and less worthy of respect and is indeed the effect of Purse pride For what is more common than for people that have more Money than their Advesary to say as Mr. Moyer's Brother-in-Law did say after we had spent some years and much Moneys in his Suit against me in Chancery he being to receive his share of what they hoped to get from me said thus finding it a very chargeable Court If One thousand pounds would not do another thousand should and if that did not do another should and so on to I know not how many thousand pounds and he was resolved his Brother Moyer should carry the Cause whatsoever it cost so it seems he did not pretend to any Right there was in the Cause on their side but only to ruine me by the force of Money as I was told Mr. Moyer did threaten to do when I was in Turky if ever I should come into England which to effect I do think he hath omitted no means or endeavours but what reason he had for it I could never learn or find out for I never had to do with or did ever see the Man in mine whole life that I know of untill I did arrive from Turky back to England Sometimes I have thought that because my Father sometimes would laugh and jest with his Father and salute him by the Title of Mr. Chairman because that in the time of Sequestring as I suppose the Estates of the Nobility and Gentry of England much about King Charles the First 's time he was Chairman of that Committee as I have heard and have bin told but I do remember the Old Man did not much like it for he would look very grum and sowre upon it Now though such jesting might pass betwixt them what was that to me could I help it Now Mr. Moyer having as it may be supposed this innate principle of encroaching upon and taking away the Rights and Estates of other Men obtained an Order out of Chancery to have my Books laid open unto him and having before a Master perused and examined my Books in all things he could desire and not being able to find out any thing therein for his purpose or find any fault became so enraged at me that he said Mr. Albyn you are a cheating Knave and I le prove it Then said I Bear witness Gentlemen So the next day he came to me upon the Exchange and told me he was in a Passion and began to beg my Pardon but all that I said unto him was Pray do not let you and I talk for I indeed did then intend to bring mine Action against him for so notorious an Abuse But the Lawyers that were the Only Men then present being unwilling to bear Testimony made me to forbear so was forced to swallow that Injury likewise One instance more of Moneys being the Rich man's Justice and Confidence in his Cause be it never so bad black and foul is what Mr. now Sir Richard Blackam said to me in Serjeants-Inn after we came out of Judge Dolbin's Chamber when we had bin both before him upon his Summons to shew Cause of Action wherefore he had Arrested me and upon hearing the whole Matter the Judge had told him there was no Cause of Action and if he went on he would be Non-suited Sir Richard Blackam did then laugh at me and told me that he had yet Five hundred pounds to spend for all that for so much or near that Summ he would needs pretend to recover of me for I believe he knows pretty well that whatever a Man recovers at Law it must cost him as much at least Now whereas by the ingenuity of the Lawyers Sir Richard Blackam is hindred from confessing and plainly setting forth the truth and matter of fact set forth in my Bill if he were of himself only to make a full and true Answer the Truth would soon appear and Justice would take its due place without any delay trouble or expence But now there is no Remedy because by the force of Money he sets the Lawyers Wits on work to make it an endless Suit by evading some part and not in any measure answering the other near 19 20th parts only in general terms saith My Bill is full of falsities Which I do deny and he knows that if he should be put to answer particular by particular he must confess and not deny the particulars and by such means the truth being concealed I have no more remedy than as if I should knock mine head against the Wall Now though these and the like and many more instances