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A34350 Considerations touching the dissolving or taking away the court of chancery and the courts of iustice depending upon it with a vindication or defence of the law from what is unjustly charged upon it, and an answer to certain proposals made for the taking away, or alteration, of it. 1653 (1653) Wing C5918; ESTC R18810 47,697 80

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wisdom to any that shall so judge of them be thought to have been so to a continual succession did only correct alter and add as there were necessities or occasions but left us our Laws and reasonable customs to preserve our estates and properties Contrary to all the Petitions and pretences of Grievances that ever were exhibited by any of the people before or since the Conquest to any King Parliament great Councel or Assembly for above one thousand years To what our Auncestors did in England Who in the change of governments and succession of Kings from the Saxons to the Danes from them to the Normans thence to the Plantagenet line from the right Heirs to the wrong from the red rose to the white from the white to the red and white united in Henry the seventh from the Catholick religion to the Protestant from that to the Catholick and from that back again to the Protestant from the English line to the Scottish did never find any cause to take away that Court which they found by so long and successive experiments to be the conservator of Justice Contrary to the National Covenant which many have endeavoured to prove to be consistent with the Ingagement to what was done by the late Parliament in their reformation of religion wherein though the Bishops and Book of Common Prayer were put down and abolished and that not at once did not put down all the Doctrine of the Church or all the Discipline or parts of it nor shut up the Church doors Contrary to the many Declarations vows and Imprecations of the late Parliament The many Declarations and Remonstrances of the Army The Course held in the late Conquests of Scotland and Ireland who by enjoying their Lawes and Courts of Justice have yeelded an easier submission to it The Act of the late Parliament in erection of this Commonwealth which declared and promised to the people that they would not alter nor take away the fundamental Lawes The Peoples purpose of their ingagement upon it The Act or order of Parliament for the regulation of the Lawes The regulators Systeme and the Nature of a reformation or regulation The late Act for taking away Fines in Chancery and many of the Petitions that of late have been against the Lawes which desired a regulation but not a total taking of them away CHAP. VI. That the very Being of Parliaments is preserved by the Laws and that so great a distemper and disturbance as will come upon the people by putting down of the Laws will by a necessitie of Justice and of the better ordering of Affairs bring them back again by a revolution of time into their old Chanel WHich for so much of them as have their Principles from the Laws of Nature and right reason and the consent of them or are founded and deduced from them are so interwoven and radicated in the very Being of Parliaments so inseparable from it and so reciprocate to it as that high Court of Parliament which is not by themselves intended to be any standing or ordinary Court or Rule of Justice cannot when it shall sit upon emergencies or matters of greater consequence be without it no more than the people can in the Intervals or absence of it for that the Law of Nature which God imprinted and put into the Hearts of all Mankind and that Law of reason which bindeth Creatures reasonable in this world and with which by Reason they most plainly perceive themselves to be bound and so much of our Laws which out of the Law either of God or Nature or Reason our Forefathers probably gathered and conceived to be expedient which the learned Hooker putting all together calleth the second Hooker 1 lib. Ecclesiastical Pollicy Law eternal are so in some sort immutable as they cannot be taken away or repealed by any Act of Parliament whatsoever but will retorn and grow up again with the nature and reason of Mankind for Laws of men not contrary to the Law of God nor to the Law of reason are to be observed in the Law of the Soul and Doctor and Studient 4 Chap. he that despiseth them resisteth God and that which plain and necessary reason bindeth men unto will upon some inconvenience or necessity at one time or other get it self in again and obtain an allowance or ratification of human Laws for it Which should advise a great inspection and examination into the nature cause and effect of all our Laws before a sentence of condemnation passe against them that so it may be clearly known what and how much of them have their Being from the Law of God or Nature right reason or convenience and a value accordingly put upon them that the Gold may not be cast away for the drosse nor the Saint for his infirmity That we may not be sent to seek after in the rubbidg for that we might have kept or laid by or not seem to have pullen down all the house when some little part of it would have served the turn or to be such ill Husbands as to cast away the materials might have served for the new building and is better or more substantial than any can be gotten instead of it of which opinion were all our former Parliaments who hitherto in their correcting and altering of Laws could never be brought to forsake any thing might be good or fit to Sir Francis Bacon Judge Hutton in his argument against the ship mony and Lord Hobart in his Reports remain of them and all our Forefathers who in their greatest esteem and reverence of Parliaments did beleeve that an Act of Parliament it self enacting any thing against Common right and right reason would be void and of none effect to what end then should these men sollicite a Parliament to take away the matter of its own form and subsistence and its Being or coexistence with the Laws or to take away that which is to be a rule of justice to the people when they cannot themselves intend it or to lay by those Laws which the wisdom of their Predecessors thought they had done the people good service when they did procure them to be enacted and those reasonable customes which the people were wont to swear their Kings to observe when the late Parliament took it to be a good way for the preservation of the Laws and Liberties of the people that Sheriffs and Justices should be sworn to the Remonstrance 15 December 1641. and 26 of May 1642. due execution of the petition of right m Stiled themselves the Conservatory of Lawes took Arms for the maintenance therof appealed to the people touching that imputation which they said was then laid upon them that they which represented all the Commons of England and had so great a share in it should endeavour to take away the Laws and run so great a hazard to make themselves Slaves Wherefore if the Parliament to please these unquiet and proposing spirits and let
to put the Sword again into the Scabbard when it is drawn but very much conduces to keep it from comming out again and is in the ordinary execution thereof at this time trusted out into lesse than twelve hands in the ordinary Courts of Law at Westminster will by these proposals upon very small security be trusted and put into the hands of Two Hundred and Fifty men more who will want that wisdom as well as estates which the other have to make them responsal whereby the Supreme power of the Nation may by its being too much divided and diffused into such lesser bodies come to want that strength and intireness it hath formerly had and enjoyed in the several succession of Kings for almost One Thousand years together by keeping their residence in the chief Citie or part of the Nation As David and the Kings of Juda did at Jerusalem and as all other Kings and Estates do in other Nations with their chief Courts of Justice about them where the pulse contents and discontents of the People from all parts of the body Politicque may be felt whither all their Complaints or principal businesse might Circulate and come and passe to and fro like the blood from all parts of the Body to the Heart and from thence back again to all parts of the Body and whither the Common sense did from time to time bring in its Intelligence to the great Counsel which was holden in the Brayn for preservation of the Heart as wel as every part of the body They that heretofore could with one expence and charges prosecute a suit at Law at Westminster and at the same time attend the Parliament or their Committees the Council of State the Exchequer or Committee of revenue and the motions and designs of their adversaries who it may be had bills in Chancery or actions in some other Court of Westminster depending against them at the same time and do many other businesses whilst they remained there meet and confer with Friends or Foreiners or people of all parts of the Nation could make bargains and dispose of Children and have the help or assistance in their Suits at Law of the ablest most eminent Lawiers in their several Innes of Court or Stations must now perhaps goe to the Shire Town as a Plaintiff or Defendant at Law and to London for his other businesse be content with such Lawiers only in his own Country as are there resident when it may be there are none eminent or very able to be had there or be inforced to procure such as are to come at great rates one hundred or Two hundred miles at a time from the places where they inhabit and that Country and many a more distressed Client want them in the mean time Such a multitude of Courts will throw many men especially such as have great dealing and multitude of businesse with men of many Counties into so many journeys and perplexities as they shall never be at leisure from attending one Court or other whereas now one man that hath occasion to prosecute Actions of debt against one Hundred Debtors living in 20 Counties dispersed over the whole Nation doth his businesse without Travelling or sending any further than to London Streightens and gives men no time to provide their evidence or Witnesses and puts the Lawiers as well as their Clients by so much attendance at so many several Courts into a continual attendance or Travelling from one Shire to another and will not a little distract mens affairs to have an Action at one and the same time to be tryed or called upon at London Cornwall Barwick and Pembroke Shire where they should be personally at every one of them and can be but at one and must be in a continual unquietnesse and trouble when all the year shall be as a continual Term or time of controversie and when they shall be enforced to neglect their affairs of Husbandry and Harvest to travel and tire themselves through all the lines of the Circumference when they might have a shorter way to and from the Centre which by the intermission of Terms and Vacations and the known and convenient times of Assizes when the Terms were ended was by the Laws now in being sufficiently prevented But these are not like to be all the inconveniences neither for if the Courts of Westminster shall besides the Two and Fifty County Courts to be taken out of them be cut into lesser pieces by giving cognisance of pleas of Actions of Trespasse Battery and the like and of Actions of debt under 40 shillings as some would have it there will then be as many smaller Courts as will make us up above 2600 Courts the Judges whereof will look to be paid as well as the Judges of the other Courts for the neglect of their own businesse to take care of other mens and if they should have but 50 l. per annum a peece for standing salaries will make a yearly charge to the State of above Sixty Five Thousand pounds per annum or if they shall be prohibited their taking of Fees will grow carelesse and nnwilling to be troubled pretend to be sick or absent when they are not or half hear causes or like some of the Midlesex or Suburbian Justices take a great deal more in Fees and Incomes than that would come to and doe as little for it as they use to doe in matters of Breach of this Peace or petty Brawls which is to bind them over to the Sessions and take their Fees for it and for those causes which they shall adventure to determine beget in a year more appeals than there shall be Justices of the peace which in a year but after the rate of 2600 petty Courts or more but 40 Times appealed from every one of them will yeeld to the people above One Hundred Thousand appeals which may cost them no small mony time to maintain and bring to a hearing and by such double and treble agitations discovery of Titles and evidence and half hearing of their causes make their contentions grow as endlesse as their Charges CHAP. VIII That it will not only raise up again those old grievances which were formerly the cause of disusing or restraining the Sheriffs Turns County Courts Court Barons and Hundred Courts and such like petty Jurisdictions but far exceed them BUt surely they that thus erre for want of knowledge and do too much build upon their own ignorance would if they knew the reasons that accompany our Laws not be so forward to goe back again into those evils which our Auncestors and the care of former Parliaments did bring us out of nor take that to be a new and better way is but a going back again into them and a reviving of old grievances We shall therefore shew them what they were let them see they are very like unto that they are now so willing to establish amongst us The Courts called Hundreds Wapentakes the