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A75476 The Anti-Levellers antidote against the most venomous of the serpents, the subtillest monopolizers. Collected by divers officers and soldiers of the army, and other honest people of this nation. 1652 (1652) Wing A3501; Thomason E673_10; ESTC R207181 37,344 43

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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
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 An●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
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
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
their actings deservedly fell and it is thought others who have done as bad or worse then they on a sudden will do the like if they do not timely repent and amend And then would again the Members of Parliaments or Representatives be only of the most honest and discreet of the people of this Nation and no other equally and impartially Elected without trouble or charge to any as formerly hath been and dispatch all business coming before them speedily the one of them seldom contradicting the other as hath been in those ancient times without sitting of full Parliament or Representative any extraordinary long time together but conclude all business for them necessary to be done which no other Courts could remedy within a Month six weeks or two Months time at the most unless upon extraordinary occasions before Adjournment Prorogation or Ending which caused the English Laws to be accounted the best in Christendom and deservedly before Innovations crept in and then were few Motions in respect of the extraordinary multitudes which have been of late made by Favorite Counsel or any other Motions by any other the Attorneys or Clerks unless it were in cases extraordinary by honest learned Counsel and not by Favorites to begin a Cause and have a large Fee for so doing usually only saying such an one is Plaintiff and such an one is Defendant and then an honest learned Lawyer have usually gone on with the same throughly or otherwise such Favorites have or could say little more and some of them have not been of ability or capable to say any more though they have received extraordinary large Fees double treble sometimes fourfold of that which such honest Lawyers have had which Favorites the Suitors have been constrained to retain or otherwise such learned and honest Lawyers have several days the one after the other waited till some of them have been wearyed out and given the business over and others who have attended to be heard have took as much pains as a Porter hath in going of errands and earning as much mony in such time and besides such honest Lawyers when they have long waited and have been heard they have had little or no fruit of their Motions but have been flammed off baffled and girt up and checked before they have been half heard out their Motion and have been sent home with a sleeveless errand and been discouraged And thereby the Favorites by Alliances or yearly presents gratuities or new-years gifts learning the meaning of their Superiors by their looks have ingrossed up all or the most part of the gains in every Cause and thereby they and their Superiors have climbed to a great height in few years and many times when one Suitor having retained one two or three Counsel to plead his Cause at the Assizes and other places where several Counsel have used to attend to the number of twenty or thirty or sometimes more at several Bars such Suitor hath been baffled out and lost his Cause unless he had retained half such Counsel by reason some crafty person have caused the Record of such Cause to be carryed to another Bar where such Suitor nor his Counsel have expected the Cause should be tryed and many times the principal Counsel of such Suitor being called to and attending another Cause at another Bar and from the Bar where such Suitors Cause was expected to be tryed and then when the Cause of such Suitor hath been called and he desiring the Judg to stay until his Counsel came or that the Cause might be tryed where they were to attend other Tryals the Judges before whom such Causes have been to be tryed have denyed to admit the same casting an angry look upon such Suitor saying there were other Counsel enough whom they might retain nodding towards Favorite Dunces standing in sight ☞ and thereupon such poor Suitors have been constrained to retain Lawyers of mean Judgment on a sudden who could not understand their Causes soon enough and some not at all nor capable thereof and such Causes having been tryed in the absence of such honest and learned Counsel retained and instructed at the first have gone and passed against such Suitors having had the best and most right to recover in such Cause And when any of such Favorite Lawyers have failed in such their presents or gifts at the usual time of the presenting of the same have grown out of favor and after they so failing have had a grin or a wry face from some of such Superiors they have not come into favor again a long time and some of them never which hath caused most of them constantly to continue the same and by those means grow the more expert in such their Combinations the more to keep others who do not use such dealing ignorant thereof and be suffered to foam out non-sence and lye bark brawl and wrangle as they have pleased when others of ability have not been suffered scarce to speak three or four words in a cause and thereby to gain the affection of Suitors in such Causes and sometimes such Favorites though they have been many on a side have not dared to speak a word more in any Cause after they have received a private look from some Superior which none other but themselves have understood which is thought hath been when some such Superior or some of his Alies or Private Creatures have grasped and hooked in more then such Favorites have received for their Fees Coventry and Manchester wherein Coventry and Queen Besse have been accounted very expert And by such means other under or petty Officers to Inferiors under the high Superiors who have learned the skill to give Rewards or Bribes to those Superiors to keep them from questioning by such Inferiors when they have done amiss have gained much And then would Suitors know what evidence they were to produce at Tryals and not to be triced or non-suited on a sudden many times the one after the other as many times hath fallen out to the infinite gains of such ignorant Favorite Lawyers and great damage to the honest people neither would Juries be pusled with multitudes of Issues at a time but all Causes tryed in an easie way as hath been in the best time And then could not such Inferior and the greater Monopolizing Officers before mentioned by the favor which they have gained of their Superiors by contributing to them part of the gains of such innovated and extorting Offices before mentioned take such occasion as they have done to increase their Exactions by colour of such Offices to cause Orders to be made whereby many Mischiefs and Inconveniencies have faln upon Suitors in Causes and when complaint hath been thereof they have caused the poor Prosecutors thereof to be blamed and checked for the faults or neglects of such Officers and their Superiors and still kept such Prosecutors under that they have not dared to complain or so much as publiquely reveal what
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.