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
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.
this last mentioned sum much higher but in regard we can come to no certain knowledg thereof we forbear to make any further calculation about the same Both which sums being added together amount to Two hundred and forty thousand pounds 240000 l. In Wales and Ireland besides which have been and may be hereafter if not prevented half as much being One hundred and twenty thousand pounds 120000 l. The total in England Wales and Ireland Three hundred and sixty thousand pounds 360000 l. In Courts at Law or Courts which have been called Latin Courts Rules or Orders which have been and are above four times the number more then the former accounting so much only as by them hath been so extorted and exacted as before is mentioned in the other Courts called English Courts or Courts of Equity because there is not so much charge in soliciting breviating or entring Rules or Orders as in the former nor altogether in counsel yet too much being Three hundred sixty thousand pounds 360000 l. The Total concerning Motions Orders and Rules c. amount to seven hundred twenty thousand pounds 720000 l. Out of which deduct the tenth part being seventy two thousand pounds 72000 l. which will be sufficient for the performance of such businesses then will remain saved to those honest people yearly hereafter six hundred fourty eight thousand pounds 648000 l. 20. That Witnesses may be examined in all Courts by Commissioners mutually to be chosen But with this That any concerned in any Suit who will may at his own charge have any of such witnesses examined at any Tryal hearing or inquest taking or making 21. That all Commissioners may be to hear and determine or to certifie the doubt and that if the parties to the Suit shall not agree of the truth of that which any witnesss shall depose then may the Commissioners compel the Sheriff to summon a Jury to try the same and the Jury to be chosen as in the general Title of Juries and the matter to be determined above upon reading the Certificate 22. That no matter in Arrest of Judgment shall be moved or assigned to be Error in any Declaration Complaint Bill c. or Plea c. unless such matter be first shewed where the mistake is and how the same should be amended as certain as if the same were amended the Declaration Complaint Bill Plea and other things before therewith mentioned were or should be good in Law 23. And the like concerning Demurrers c. 24. That if any witness be sick and weak or travelling beyond the Sea or there the party concerned may deliver to the contrary party a Bill and require his Answer to the same and he to answer within the time mentioned in the Proposals at large and swear to it before the next Justice of the Peace and after or for default of Anâ—wer the party to examine for the perpetual remembrance of men of the matter 25. That publication may be in every Cause immediately or some short time after witnesses examined in such manner and form as is mentioned in the Proposals at large 26. That the first witness coming at the time and place of the Execution of every Commission may be first examined 27. That no stay of Suit may be by reason of any witnesses going beyond the Sea unless sufficient matter be made appear upon Oath what such witness can say 28. That tender of emends may be for walking with feet and upon a Replevyn after the Cattel in Pownd with damages and costs to that time 29. That Distresses after Apprizement by Jury if the owner of it doth not make satisfaction or replevyn the same within convenient time the same may be sold c. 30. For retorning of the names of the Bayl and Caption with it upon the removal in to the Superior Court and none other to be there put in 31. That no Writ of Error be brought till after Error shewed and allowed by some Judg. 32. For retorning of impartial Jurors to try Causes and for avoyding of Imbracery 33. And a Remedy for giving too little Damages 34. And against finding false Inquests and chargeableness of serving Execution 35. That if any person shall be summoned by Writ or Warrant to appear in Chancery or such like Court and shall not then he shall be arrested and detained not onely until he shall appear but also to stand to the order of the Court And that if the Plaintiff shall give security to make restitution after the Defendant shall appear and obey the Order of the Court and a hearing be then the Court may proceed to decree and sentence and issue out Execution 36. That such Actions as usually upon motions have been drawn from Tryal at London and Westminster into proper Counties may be there layd at first without troubling of poor men to come to London some from the furthest parts from thence to make oath to alter the Visne begging to and going from the City and there during their stay during which times the Countries and Cities have been filled with Beggers and their Countries Businesses left undone 37. That no Beggerly Fellows or Shurks may make Executions against goods Nor Writs for outing men of possession of Houses Lands or Tenements Nor delivering men out of prison for Debts or Duties until they have satisfied the same By permission of which divers just Debts have been lost and many thereby undance and others thereby sustained great loss 38. That no Beggerly Fellows may be permitted to plead false Pleas unless they have or shall first put in sufficient Bayl for payment of the Debt or Demand in question or yielding himself to prison or make or cause Oath to be made of the truth of such Plea or of his ability to satisfie 39. That Costs may be for the Defendants in Demurrers after they have been perplexed troubled and put to great charges and the Causes adjudged or considered of for them 40. And the like in Prohibitions 41. And upon issues of a Record or no Record And furthermore if the said 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 and 41. Proposals and Propositions were Enacted extraordinary charges by multitude of Tryals Non-suits Hearing Fees of over numerous Counsel Motions Arrests of Judgments by Motions and Reversals of the same by Writs of Error and bringing Witnesses many times to Tryals from far remore places from thence and there staying long in expectance of such Tryals sometimes by the space of two three four or five days to the great charge and trouble of the party bringing them in their maintenance and keeping them together the same Witnesses having been sometime brought from the one of the Corners of this Nation to another farthest remote from thence will be so abated and brought to that low ebb that thereby will be yearly saved to such honest people much Mony which formerly every year by such means they have been unnecessarily
put to in coming as hereafter for the plain understanding of the common people thereof is expressed and cast up to six hundred seven thousand nine hundred ninety and eight pounds 607998 l. It hath been observed by us and those from whom we have received intelligence that it is very certain that there be above eight hundred Parishes in England besides Wales the County of Middlesex and the Cities of London and Westminster And that there hath been usually tryed for every hundred of Parishes twenty Causes or Tryals at every Assizes both Winter and Summer being fourty Tryals for every hundred of Parishes one year with another and in troublesom Champion or open places and Counties many more and in some of them double so many as divers have said and in very few or none less though in enclosed and quiet places and Counties which amounteth to four hundred Tryals for every thousand of Parishes which cometh to three thousand and two hundred Tryals in a year in the said eight hundred Parishes twenty pound expence in every of which amounteth yearly to sixty four thousand pounds 64000 l. besides the tryals at london and Westminster which yearly cometh to the sixth part of so much being ten thousand six hundred sixty and six pounds 10666 l. and odd mony And in those places every year Summer and Winter Assizes as many and more causes have been taken out to be tryed but compounded before tryal the charges of every one of those tryed amounting to 20 l. as before is mentioned cometh to the said sixty four housand pounds 64000 l. And those not tryed being as many in number and many more counsel being retained in most of them before they be stayd come to as much being sixty four thousand pounds 64000 l. more And in other Courts which have been Latin Courts or so called there hath been usually so exacted and extorted as much or more then in all the other Courts before mentioned as hereafter is particularly expressed for the clear understanding of all the people of this Nation which amounteth to Two hundred two thousand six hundred sixty six pounds 202666 l. odd mony All which for England only Four hundred five thousand three hundred thirty two pounds 405332 l. And half as much in Wales and Ireland besides all the Exactions and Extortions before mentioned as there have been and as it is feared will be again if not prevented being Two hundred two thousand six hundred sixty and six pounds 202666 l. pa The Total of all which amounteth to six hundred seven thousand nine hundred ninety and eight pounds 607998 l. Some more to be saved may be gathered out of the said last mentioned Propositions and Proposals but most of it is cast up in the bottom of those concerning Registers c. The Charges particular of every Tryal one with another on both sides calculated for the clear understanding of the common People of the before mentioned Account as followeth that is to say 1. In every one of those Tryals one with another usually hath been expended by the Plaintiffs besides the Defendants charge three pounds 3 l. And by the Defendants one pound 1 li. 2. For Counsel at the Assizes the one with the other on the one part 2 l. as much on the other 2 l. few or none under some so expending for Counsel 20 l. 30 l. or 40 l. So that such expences in Counsel in every Cause one with the other may very well be accounted to amount to Ten pounds 10. l. 3. For Witnesses to the number sometimes of thirty at other times twenty ten or five and seldom under staying at the Assizes some of them four five or six days and seldom under two days So accounting in one of them with another to be ten in number and to stay three days at an Assize c. each of them one with another to spend ten shillings in those three days and so much in going to and retorning home from such Assizes some of them going from one of the corners of this Nation to another farthest distant or remote from thence and very many going from their home to such Assizes thirty or fourty miles with hindring their businesses which amounteth to 20 s. apiece one with another some of such witnesses being of great quality or Trading The Total Ten pounds 10 l. 4. In Fees in Court one with another one pound ten shillings 1 l. 10 s. 5. For making Breviats and Copies in such Causes one with another one pound 1 l. The Total of the charges in every Cause tryed twenty six Pounds and ten shillings 26 l. 10 s. And the charges extraordinary in Causes made ready for Tryal and Records thereof taken out and sealed but not tryed amount to as much or more then of those tryed being many more in number deducting the Court Fee in some not tryed being 30 s. apiece in every of such Cause and 5 l. being half the charge of the witnesses in every of those Causes in their stay at the Assizes in Causes there taken up by advice of Counsel after they have had their Fees in the same which account of these particulars made good which is spent unnecessarily in such Causes tryed and made ready for Tryal in the Superior Courts All which amounting to thirteen pounds five shillings being half the before mentioned sum of the said twenty six pounds ten shillings if the said Proposals last mentioned were Enacted would clearly be saved to the honest people of this Nation And concerning County Corporation Hundred and three weeken Courts the Calculation following of the charges extraordinary of Tryals there will clearly evidence in the two hundred Corporations before mentioned no less can be esteemed in some of the Courts there being three or four and in divers more though in some few of them some Courts may have discontinued or seldom been held And in every of them Ten Courts in every year very many of them having more some one or two or more almost in every week of the year which amount to two thousand Courts in a year by this account one with another many thinking many more such be And also in every of those Courts one with another in every Court day may be accounted four Tryals and dbouble so many put off by such fraud and practises as be at large mentioned in the Preamble of the Proposals there being ten Tryals or more on such day in many of these Courts which amount to sixteen thousand And in every of those sixteen thousand one with another there is caused expence extraordinary by such Monopolizers and exacted and extorted from both parties to every such Suit the one of them with the other from the beginning to the end thereof occasioned by practises and plots in the said Preamble expressed ten pounds in some of them there being much more so exacted and extorted and in divers so much or more then have been in any of the Superior Courts And in the eight
thousand Parishes there is in every of them a Hunred Court or Three-Weeken Court held every three weeks in the year for every ten of those Parishes which amount to eight hundred three Weeken or Hundred Courts in those eight thousand Parishes besides a County Court for every of the fourty Counties held every Month for every of such Counties yeatly In every of which Courts have been very few or none regarded by the Judges Stewards or Sheriffs there or suffered quietly to practise as Counsel or Attorneys in such Courts but such as are or usually have been were or usually be Under-Sheriffs Deputy-Sheriffs Bayliffs or such like who usually side with or are linked or allyed to such Under-Sheriffs Deputies or persons and partake with them in their Exactions and Extortions before mentioned and in some of such Courts they Monopolize as much as in the Corporation and other Courts before mentioned by which means seldom any other but such persons before mentioned come to or practise in such Courts and thereby those Monopolizing and siding persons do what they please in Suits in such Courts and usually cause the Suitors in those Suits to pay what they lust or otherwise to betray their Causes and so defraud them and by those means cause as much or more expences and charges and exact and extort in those Courts last mentioned more then in the Corporation and other Courts therewith before mentioned which is cast up but only to as much In the like Courts which have been and are like to be again in wales and Ireland if not prevented there hath been such yearly Expences Trouble and Charges Exactions and Extortions occasioned to half as much as last before mentioned Twenty Tryals for every hundred of Parishes at 20 l. apiece come to four hundred pounds 400 li. Double for Winter and Summer eight hundred pounds 800 li. For eight thousand Parishes besides London and Middlesex eight times 8000 l. is sixty four thousand pounds 64000 l. A sixth part so much more for Tryals in London and Middlesex ten thousand six hundred sixty six pounds thirteen shillings and four pence 10666 l. 13 s. 4 d. Total eighty three thousand eight hundred sixty six pounds thireen shillings and four pence 83866 l. 13 s. 4 d. Half-as much in those taken up after Counsel retained Fourty one thousand nine hundred thirty three pounds six shillings and eight pence 41933 l. 6 s. 8 d. pa For the Superior Courts the Total of all these One hundred twenty five thousand and eight hundred pounds 125800 l. Half as much for Ireland and Wales Sixty two thousand and nine hundred pounds 62900 l. pa The Total of England Wales and Ireland One hundred eighty eight thousand and seven hundred pounds 188700 l. Two hundred Courts in a year in every Corporation eight Tryals in every of them one with another sixteen thousand ten pounds expence in every of them cometh to One hundred sixty thousand pounds 160000 l. As much in County Hundred and three Weeken Courts One hundred and sixty thousand pounds 160000 l. Total Three hundred and twenty thousand pounds 320000 l. Half as much in Ireland and Wales One hundred and sixty thousand pounds 160000 l. Total in all Courts Six hundred fourty eight thousand and seven hundred pounds 648700 l. 42. For recording of Conveyances to preserve Purchasers from being defrauded of their Estates purchased for mony by former Sales of the same or Statutes and Judgments or such like Incumbrances upon the same 43. And for prevention of Executors and Administrators from being put to pay Debts out of their own Estates to their undoing after they have payd as much as the Testators or Intestates Estates have amounted unto 44. And for saving of many Debts which Creditors Devisees nd Legatees have lost and like to lose 45. For Preservation of many Ships which have been fraudulently over-charged with Engagements upon the same called Bottomre by wicked and unconscionable Persons sailing in the same and after by them wilfully run a-ground and thereby besides the loss of the Ships the Creditors defrauded above the value thereof If these 42 43 44 and 45 were Ordained there would be no less then one million 1000000 l. besides twenty thousand pounds 20000 l. in the abatement of the charge of Conveyances yearly saved to the honest people of this Nation as we are informed by most with whom we have conferred about the same for then could no man be so defrauded as formerly but such things would be prevented in manner and form as is mentioned in the several Propositions and Proposals at large published concerning the same for now of late few can rely upon the Oath of any to a Bill exhibited against him in Chancery for discovery of Incumbrances which hath been formerly accounted a good course before divers unconscionable people have grown too crafty many false Oaths of late having been made to such Bills and the parties thereupon relying defrauded of many great sums of Money And divers people who have continued in Debt several years together and some of them borrowed Mony upon Lands and Tenements of griping Usurers for far less then the value thereof have been constrained to forgo the same for so much only by reason such needy persons use to incumber such Tenements with Bargains Sales Leases Annuities Statutes and Judgments and other Incumbrances that few dare meddle with the same but at an under-value sometime at half and at other times at less then the value thereof and divers who have delt with merciless Creditors have had their Woods cut down and sold at a very small value and their houses demolished and their Lands and Tenements extended at small rates and thereby many others of the Creditors have either lost or come short of their Debts and such poor people their wives and children utterly undone All which the Enacting of those Propositions would prevent and save many ships from perishing and preserve many Executors and Administrators from undoing by paying Debts out of their own Estates after they have formerly payd as much as the Estates which have been of such Testators and Intestates at the time of their deceases came to And many Creditors of other such Testators and Intestates from losing their Debts 46. That poor Prisoners not able to pay may be let out till they shall become of ability 47. That the Estates of Prisoners of ability may be sold to satisfie their Debts notwithstanding their lying in Prison 48. And that those lying in Prison and fraudulently concealing their Estates or which wilfully shall consume the Estates which they shall get into their hands of others may be strictly held to work for the benefit of their Creditors till satisfaction given or agreement made with them If these 46 47 and 48 Propositions and Proposals were Enacted then would be saved to the honest people of this Nation to the value of three hundred thousand pounds 300000 l. at least yearly hereafter besides yearly saving of
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
and other Pleadings upon the same which after have been again recorded in a superfluous manner and other things which might very well have been forborn being only contrived for the only gain or Exactions of Prothonatories Philazers Exigenters their Clerks and other Clerks which Records without the expectance of further gain of such Officers in every Court might be contrived to be so short as formerly they have been For now in Criminal Causes against Felons who be to lose their lives the Clerks who draw and record the Proces against them have done and can do and contrive all the matter against such a Felon so short that about eight or ten of the same usually have been written in one hour but if any Criminal Cause have come in question not touching the life of man such an one hath been put to excessive charges especially when the Cause hath been removed into the Capital Office formerly called the Crown Office where they have been squeezed to the purpose by being compelled to pay for writing of Records several times over more then necessary and to pay sometimes double and at other times treble so much as for Records are usually paid 5. That there may be a Seal as anciently there hath been in some peculiar place to be for every of the Courts before mentioned to be come to at all times of every working day by any Clerk of every such particular Court so to be approved of or allowed as before is mentioned there to seal with the same any Writ of course without paying or giving any thing for so doing If this were done and Enacted then need not any man stay so many weeks for a General Seal and sometimes pay 5 s. 10 s. 20 s. 30 s. or more for a private Seal as too often hath been used and the Monopoly of the Green Seal Offices and Officers thereof abolished and the Great Seal to be only for such things as shall go or pass through the hands of the Attorney General or Soliciter General and approved by the State That such Attorney and Soliciter might only attend their places for their Salaries or Pensions as formerly and now in some other Nations and not intermeddle with any other thing in putting poor men to excessive charges in retaining them for their counsel with extraordinary large Fees or rewards or others powerful with such Fees or rewards to ballance them or otherwise such poor people have been utterly crushed though their Causes have been never so just and many such poor people who have made very hard shift to procure mony to retain such counsel have thereby been much impoverished and never recovered it during their lives And if these things were observed as anciently by the Attorney General and Serjeants Solicitors c. of this Republique then would they attend the publique business of this Nation only and not be intangled with any other and grow expert in State business as well as those in such like Imployment in other Nations And then if this were performed and other the best learned of this Nation put to their Salaries only and held strictly to their duties in a short time this Nation would exceedingly flourish and all self-end-gain being layd aside would be a means to bring the most wise and judicious of this Nation to become honest or at least to joyn with such as be or shall be so and then if the Advice and Directions of such be observed there can be no doubt but this Nation may be as happy or more then any other and be a pattern for them 6. That after any Writ of Justice with such Count Declaration or other thing therewith before mentioned be or shall be delivered to any Sheriff or Sheriffs his or their Deputy or Deputies he or they shall or may be Authorized to seize and take the Cattel Goods or Chattels of any against whom the same be or shall be awarded and keep the same until Judgment and Execution be or shall be upon the same or sufficient Sureties or Manucaptors found by the Defendant or Defendants in the same to satisfie the Debt or Demand which shall be recovered upon the same and that such Sureties or Manucaptors shall be liable so to do or attach or stay any Debt Duty or Demand owing or due to the Defendant in such cause by any other or others and that recovery upon such Writ of Justice if the same be not satisfied by such Defendant such person from whom such Debt or Duty shall be due shall satisfie the same and that the same course may be taken and the same proceedings in any of the superior Courts usually held at Westminster By this if the same were Enacted may be gained in many sums of mony very cheap with ease and speed and many chargeable Tryals abated or taken away and many such like Debts and Duties saved which formerly have been lost by reason of many wilful delays and fraudulent practises of Sheriffs and their Deputies 7. That in all such Causes wherein Rule or Orders of course have been usually given a general Rule or Order as anciently hath-been may be made in all Causes of the same nature in every Court If this were Enacted the Monopoly of offices of Registers and Drawers and Enterers of Rules and Orders and the Officers thereof would fall and thereby many intricacies and doubts in proceedings taken away whereby the people may the better understand the prosecution in their Causes or Suits and they or their Attorneys or Solicitors boldly ask or demand their Rights without fear of them or their Superiors and go chearfully and with ease about their business and have the better knowledg of the proceedings thereof and not to be troubled to wait or attend or be checked or contradicted by the cheating proud Officers in such Offices as they have been too often many times in divers Causes and Suits their Attorneys or Solicitors having been checked and taunted at and made as if it were slaves by such for matters of Proceedings and Entries in such Offices happening amiss which have been occasioned sometimes by the negligence at other times by the wilful mistake of such Officers for their own Exactions whereby divers proceedings in such Causes and Suits after much charges and trouble in the same have been avoyded and the parties to such Causes and Suits put to new trouble and charges about the same and yet by reason of the powerfulness of such Officers in such Courts no remedy hath been had against them but such poor Clerks Attorneys or Solicitors checked by some and jeered at by others of the Associates and Confederates of such Exacting Officers for the knavery and neglect of the same Officers 8. That a certainty in general of Costs after every Judgment of every respective nature given or pronounced in every Court may be and that the Judgment may be entred accordingly as anciently hath been before useless innovations crept in without waiting on Prothonatories or their Deputies
unless in some extraordinary Causes and then if the same be not nor shall be agreed upon by parties on both sides after Notes delivered each to other in manner and form as is before mentioned in some of the former Proposals or Propositions then and not before the same to be ascertained by such Prothonatory or Deputy or moved for to such Court and thereby done and perfected or that four or more of the ancient Clerks of every Court to be esteemed of most ability and honest may sit every Term for every of the Superior or such like Courts termly held in Office of the same and there two or more of them sit two or three hours in every Juridical day in the afternoon and hear and determine if they can the doubts of and in every Cause which shall be brought before them in which never a one of them shall have any interest as in divers Courts have been anciently or otherwise to certifie their Opinious thereof to such COurt but this to be only for such Causes in which the Suiters and their Agents be so ignorant that they be not able to draw or procure the drawing of their Causes into writing according to the before mentioned Propositions If this wre Enacted then need not Suitors in such Courts or their Attorneys wait so long upon Prothonatories or their Deputies to have or procure Costs after Verdicts or Inquests to be signed very many times such Attorneys waiting long upon such Officers bare-headed in the cold like Slaves or Vassals as Counsel use to do to be heard to move at the Bars And then also may Suitors have Attorneys or Clerks who never use to give but abhor giving gratuities or new-years gifts or as they may more properly be called Bribes to any of such Prothonatories or their Deputies chearfully without trouble or slavish fear procure Judgments after such Verdicts and Inquests to be entred or signed without giving to such Attorneys or Solicitors who have used and do use to give such rewards gratuities or gifts and to give unto them excessive Fees and other great rewards to have great and extraordinary Costs taxed which by such means usually have been accomplished by such like Attorney or Clerk who for the most part have been of the more ignorant sort in Clerkship they only having betaken themselves to and studyed to perform such things and neglected Clerkship and for such knavery and knavish intentions have been had in higher esteen then any houest and learned Attorney or Clerk which hath brought an Odium up the Law Clerkship and honest Lawyers and Clerks of this Nation who have detested such unlawful actions and inventions and gone on in their business in an honest and ordinary way and not as such knavish and dishonest Attorneys and Clerks have done learned or gone about to leam the meaning of the Takers or Receivers of such rewards gratuities or gifts by their looks in such manner as Solicitors have done of Masters of the Chancery and other Referrees and Favorite Counself of those beofre whom they have moved and used to give such Rewards Gratuities or Gifts And besides Judges may very well out of such their large Salaries provide such Prothonatories and pay them for now they have and hold their place under the chief of such Judges who formerly had a larger Salary then any of the other sufficient to pay for writing all which then in such Courts was necessary to be written of which there is no other doubt to be made but it was that ways imployed and then would all references be speedily ended at every particular time appointed and none to stay or wait long the one after the other as hath been usual for several days the one after the other and then there would not be so much weight layd upon one mans back being almost enough to break the back of a Miller Load-horse but this to be for such Causes only in which the Suitors and their Agents be so ignorant that they be not able to have the doubt in their Suit to be drawn into writing in the nature of a Case in such manner and form as is mentioned in the before mentioned Propositions or Proposals for that purpose And this course will encourage many ancient Clerks to be and endevor to be learned and expert as they have been in ancient times when they have instructed the Judges when they have been mistaken and have spoken to the Judges in those times with boldness and by them have been patiently heard and their Instructions observed by the ancient Judges in those times who were milde and meek as formerly hath been mentioned and used not to check munt snarl at and dash Practizers and Clerks before them out of countenance as hath been used of late and by some who have been negligent enough at some times and have at the Tryals in some Causes and having been overcharged with uttered up that in an unseemly manner and at other times have jeered honest men out of their just Causes and have daunted their Witnesses by jeering and otherwise And also if this oighth Proposition were Enacted then would the common uses of Attorneys and especially of those coming from places far distant from Westminster be prevented which have been as followeth that is to say in their Travels to and from Westminster they have as it were hanged and drawn among themselves for when they have met at their usual Inns Thieves dividing the spoyl they have agreed to go to Tryals and enter Judgments in as many Causes only asby Information of one another they have thought would be searched for or after having not been above the tenth part of their Causes and yet they have caused their Clyents to pay for all the other as if Tryals and Judgments respectively have been in the same and as if they had payd unto the Monopolizing Officers to the most according to their Extortions One cheat dcceiving another and by such means they who could keep themselves from being questioned by such Monopolizers for taking that which they clairned to belong to them by giving Rewards to the Favotites of their Superiors to work them off such Reward-givers have grown great in Riches unto which such who have not been skilled in such subtilties or have been learned have never attained 9. That any such Clerk before mentioned may write the whole Record which any person shall have to be tryed at any Assizes upon any Issue or Issues joyned or to be joyned in any such Superior Court and that the same may be examined as before is mentioned and signed if well done in such manner as before is mentioned and that he or they so examining or signing shall take nothing for doing the same and that a common form shall be contrived for Writs in every such case to be affixed to every of such Records Authorizing and Commanding the Judges of such Assizes to Try or hear the Tryal of such Issues and to do all
some of them spoyled or quite worn out and yet many times such extorting Officers have been so impudent and voyd of all conscience or honesty that if the business be compounded so that such Defendant were to have such Goods Chattals and Cattel again they have caused such poor Defendants to pay great Sums of Mony for the keeping and Stoage of such Goods and Chattals and feeding of such Cattel And then such extorting Officers would be prevented of their continual usage of defrauding many poor people who have come to them for Writs and others to whom they have offered themselves to sue out Writs for by going to ignorant Attorneys or Officers who know the course of Actions as little as themselves to take out such Writs in Trespass when the Causes have been for great Debts or Demands who sometimes have made forth such Writs and thereby such Officers have Arrested divers Defendants of whom or their Sureties they have taken good security for the appearance of such Defendants but after by reason of Bribes given to such Officers by such Defendants such Officers have sometimes forborn to tell such simple people who have so first gone to such Officers for such Writs before they have advised with or acquainted any honest and learned Counsel Clerk or Attorney in their Causes of such Arrest done till after such Defendants have appeared at the day of their appearance and either foysted in common Bayl for want of marking the Rolls or calling for good Bayl or otherwise in some Courts have non-suited the Cause and obtained Costs against such simple people both which have usually been done and allowed by the course and practice of the Superior Courts or otherwise when such appearance and good Bayl hath been called for such Officers have forborn the return of such Writs and Warrants thereupon and Bonds many times half at other times a whole year and divers times several years and some of them after the return of such Writs have stood out Amerciaments for as long a time and divers times till many Debts have been lost and such Amerciaments have not redounded to the benefit of the Suitors but to the King or c. and after such Officers have stood out so long after appearance they have got off such Amerciaments for very little And some of them have bragged and boasted that they have obtained Patents for the benefit of Amerciaments within their Jurisdictions to their own uses and that therefore they have not cared how many Amerciaments have been imposed upon estreated or extracted out against them saying the more the better for their advantage and have jeered the Suitors and said that if they did not comply with them the said Sheriffs or Officers to their liking by giving of them such high Rewards as they have demanded or retained some Attorney of their Associates or Servants who use to squeeze and wring much Mony out of their Clyents in an excessive manner and with whom such Sheriffs or Officers use to share then such Suitors should have little benefit of their businesses some of such Officers who have gained peculiar liberties therein often reporting that they can do what they please in most Causes within their liberties And many times such Officers and Clyents have gone to such Attorneys or Solicitors as have been Associates of such Officers who have made out Warrants without Writs or otherwise such Officers have Arested the Defendants without Writs and then took Rewards or as they may more fitly be called Bribes of both Plaintiffs and Defendants in endevoring to end their business and threatning Plaintiffs that if they would not stand to their award they should have little good success in their businesses and by using the Defendants being simple ruggedly and terrifying them they have wrought them into Commpositions and shared in the Debts and Demands and in many that have not been they have gained a fourth third and sometimes half of such Debts and Demands and by such means have caused themselves to be made both Judges Attorneys or Solicitors and Bayliffs in such Causes And in many Causes wherein they have grasped into their hands the suing out of such Writs and in such Causes wherein they could not procure Compositions or References they have caused the Defendants to retain Attorneys being Associates of such Officers with whom they have shared in their Fees and in neither of both these cases last mentioned any Writs at all have been sued out and yet the Clyents have payd for Writs by which menas Mony hath been extorred and exacted out of Clyents for more Writs then have issued out of the Superior Court by which means the honest people of this Nation have been much defrauded for many years together And many such Officers that is to say Undersheriffs Bayliffs and Serjeants when they have Arrested honest meaning men had them to Tippling houses or houses of them and their Associates have extorted and exacted much Money out of them by threatning of them to carry them to prison and those who have not rewarded them to their liking or could not they have drag'd nd hurryed to prison hunching and kicking them though they have never resisted nor offered to resist such Officers nor given them any ill words And when such Officers have been imployed only to take appearance upon Arrest they have constrained the persons Arrested to pay down the Attorneys Fees and mony by them to be layd out in appearances into the hands of Officers and then would they seldom or never pay the same to such Officers if the business proceeded or restore the same to the Defendants if the same were ended and when some few have gotten some part of such mony out of such Hucksters hands they have spent as much and sometimes more then the value thereof besides the sustaining of great trouble in moving Courts by Counsel and complaining to Judges and Justices by which means such Officers have kept to their own uses such mony and the poor parties so Arrested constrained to procure so much more for their appearances And further if all the Propositions or Proposals before mentioned were Enacted besides the benefit which thereby would accrue to the honest people of this Nation as before is mentioned these benefits and advantages hereafter following would redound to the Publique Advantage and the ensuing Inconveniencies and Mischiefs which have much injured and prejudiced the honest people of this Nation be prevented and taken away For then it would be again as in ancient times when Parliaments have been once every year and more often when occasion in those times have happened being when Kings were vertuous and abhorred vice and had care of the then honest people of this Nation according as to their then light they were as of themselves when the people had Justice equally and without delay done by their Equals and thereby continued in great quiet but that they were besotted and beguiled by the Priest as before is mentioned who for such