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A94126 A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration. Leach, Edmund, of London, 1653 (1653) Wing S6192; Thomason E693_7; ESTC R203687 32,930 42

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perceived by any that look into or inquire after the dealing of Monopolizing Attorneys that they are not only meer uselesse but burthensome and mischievous in a Common wealth as bad as Mise in a Barn and if such should be in the new erected Courts as some have said is proposed others the contrary as be in corporation Courts they must be attended upon by the Suters their Servants Friends or Solicitors which would better serve for that purpose without any Monopolizing Attorneys but that all Attorneys in private mens causes may be in generall and at large in all Corporations and Courts of record as by Law they antiently have and now of right may untill they were injuriously hindred debar'd and interrupted by buyers and sellers of attorneys places contrary to Law for the Iudges of the superior Courts at Westminster never debar any of ability of Attorneys in the Inferior Courts to practise in the Superior such Judges knowing the Law but the ignorant Judges of inferior Courts have been usually wrought upon by Monopolizers for rewards to debar and exclude the learned and able Clerks and Attorneys from practising in the inferior Courts which hath been the occasion of buying and selling men in such inferior Courts and if such courses should continue would they not then multiply if people see that they cannot have Iustice Right may it not be feared that they will go to Cutting and Slashing And then how can it be expected that after a small number of years any Attorneys of understanding or ability are to be found or heard of And must not then all Suters go first to Counsellors to have their Advice to their Causes stated in writing Or can it be expected that any Counsell will give his Advice without the Case be so stated or draw into writing any thing at all where much pains is required when he must take nothing for it And who shall state such Case into writing if the Suter be not of Knowledge and Ability sufficient of himself to do it when no Clerk or Attorney can be found to do the same And if any Such should be found how can it be imagined that he will do any such thing if he may not be suffered to take any thing for it and is not the Profession of a Clerk most troublesome of any and greatest Trust and Care to be had therein and of the Attorney nearest to it in that respect and of the honest learned and painfull Councell next and yet do not favorite Counsell by favour of and combination and sharing with take much for doing little and sometimes nothing at all or no Good at all for but mischief to their Clients and have they not many times taken great Fees and done nothing for the same but deceived their Clients And when that such Clients have gone to such Councell for their mony again have not such Counsell put them off and sent them to their Attorney saying that they would speak with him about it and durst any such Atrorney go to any such Counsell upon any such occasion And hath it not been usuall with such favorite Councell to find fault with any Declaration or Pleading at Trialls and Assizes in which they have not had their fees nor meddled with at first and endeavoured to put their Client off after they have received Fees there and very high untill another day of Triall or Assizes and yet detain those Fees when such Declaration and Pleading hath been drawn and penned well and better and by far better Counsell than such Favourit and is it not generally thought that such Favorite Councell so use to do for their own only lucre prejudiciall to their Clients and have they not prevailed with many Clients and effected their purposes therein And have not honest Councell Clerks and Attorney when there hath been only jealousie suspition or report of dishonesty in them though without cause or feigned been scandalized clouded for some time And have not Ambodextry c. been connived at in some other Sorts those thereby grieved and some others knowing thereof not daring to call them in Question by reason of _____ And will not such Suters as be of Knowledge and Iudgement being avaritious cunning and subtill and unconscionably and deceiptfully bent undoe grievously oppresse and vex other quiet People deficient in those qualities in wringing many of their Estates from them without any just cause And will not People then be constrained to follow their Sutes in their proper persons or by their Domestick and Meniall Servants Neighbours or Friends And will not then many good Counsell forbear pleading or speaking at Trials and Hearings c. And will not then such cunning Suters plead their own Causes and wrangle and scould out honest and plain-dealing and meaning men and such Councell as then will be had out of many a good Cause And will it not cause great trouble and charges to Suters And will not ignorant people then run head-long in unjust intricate and frivolous Sutes like a blind horse running his head against every Post Wall or other thing in his way and many times into a River or Ditch Another as is given out is That no Serjeant at or Councell of Law shall take or accept any thing of any Client but only as followeth that is to say for subscribing his Opinion to a Case stated in writing or for speaking at a Triall or for making a Motion ten shillings for arguing a Demurrer or speaking at a Cause in Hearing in Chancery twenty shillings And where can Learned or Judicious Councell or Serjeants at Law be obtained at such low rates and will continue their parctise And after the departure of those which be now of such when will any other of the like be hereafter Can any Imagin that any will be at the charge or trouble of such hard study to gain his living by practise when sometimes he must wait as is formerly proposed and published before he can be heard a Motion And can any learned Councell afford for twenty shillings to study and draw in writing an Argument in Law about which many times they have been a month and sometimes more And why should any be at the trouble of drawing or perusing or amending of any Bill Declaration or Pleading in Law of great length and subscribing it and be allowed but ten shillings for so doing or drawing of Breviats of the like kind and be allowed nothing for so doing though they have been a whole or severall days about it Is it not the best most conscionable and equitable way that without penalty by Councell Clerk or Attorney they may take according to their Desert or as much as the Client will willingly give according as by the laudable Custome approved by our Ancestors for severall ages they have used And have not such as have transgressed therein undergone the penalty as Extortioners and been prosecuted And is there not sufficient provision in the Law already in force
just defence when his cause is good and be overthrown against all right and reason and is not this as convenient to be done and put into writing as upon General issues pleaded according to the new Act which as is reported is proposed with a prescription of how many things only shall be insisted upon at the triall which is thought to be very well done And w●ll it not be as convenient or much more to have the body of the Declaration according to the old antient Formes or Precedents contrived at first by very learned judicious and conscientious men at the request or appointment of our ●ncestors for the quiet of themselves in their times and us their posterity after them in avoiding of vexatious unnecessary troublesome trivilous and chargeable sutes which is conceived by many are more like to encrease than abate if those laudable Forms or Precedents should be laid aside And will it not be as chargeable to have such things put into writing at last as at the first And will not the Defendant have the better time to defend himself if done at the first and will it not thereby be discern'd whether the cause be good or not and save much charge before it proceed and many frivolous and unjust sutes then die in the breeding and thereby Suters have the better content And if the matter should be put off to the last before it should be put into writing that is to say untill a Demurrer upon the Evidence the finding of a speciall Verdict or Bill of Exception will or can any be found or heard of after a small number of years to do or draw the same And will not then Learning Knowledge and ludgement in the Law be at or fall to a very low ebb And will not then many Suters be much prejudiced or wronged by reason of many of their just Causes going against them contrary to all right and reason And will not that endanger such things as here in another place is mentioned And if a stranger should have a Cause Tried and goe against him would it not be a better satisfaction to him and his Countrymen to whom he should shew his Cause to see the Cause appear in writing that they may know the justnesse of the passing finding and judging the Cause against him than to have the matter stood upon to be blown away or vanish in the Air or be as obscure and mysticall to him or any of his Countrymen as if it were in the Clouds and be an occasion of suspition in them of some unjust carriage in the businesse And what danger such obscurity may be to the alienating of the affections of Strangers to the people here many make doubt And as for having such to be Clerks or Attorneyes in the Innes of Court or Chancery as many have been and as is said is proposed should be and none other how can such be expected hereafter will any be at the charge to train up their Sons that way or will any bend his studie to that which is most difficult and troublesome and chargeable and so difficult that few who have long studied in the same have attained to any considerable perfection knowledge or judgement therein And none can be good Clerks in the Law without it or any Attorney considerable by which after he shall perceive that he shall not be allowed to live or so much as be recompensed for his pains in any considerable manner no not so much as a Cobler or Porter in their wayes and yet to be censured in their reputations as to have been as bad as if some of them had acted such things for which ignominious penalty as is reported is proposed to be imposed and for such things as were never heretofore done to the discouragement of Clerkship and all manner of learning And how can it be imagined that any such should subsist in these times if he must not take so much nay not half so much as in antient times when they might have had better Diet by the Week for 2 s. and 6. d. than for 10 s. in these Times for studying contriving and drawing of pleadings that is to say Bils Declarations Answers Pleas Speciall Writs Speciall Verdicts Bils of Exceptions Demurrers upon Evidence c about the studying and contriving of many of which to doe the same aright the time of a day or two or more may be required and yet the Declaration when done very short not above one two or three sheets of paper although some of the same may be very long as herein is mentioned in another place which trencheth most concerning Speciall pleadings for which some Councell and Clerks have deserved sometimes 5 li. when as others have not deserved 5 sh Which things proposed if they should take effect is feared will be an occasion of the perishing of causes which shall happen to be difficult being most cómonly concerning weighty affairs causes of great value for few or none will undertake to meddle with them when they shall perceive that they shall not be paid near to the worth of their pains But in easy and petry Causes it is like to fall out that many will have great gains and more than formerly for doing little And if some Proposals take effect given out to be proposed concerning Paupers are not Counsellors and Attorneys like to be troubled with many more Sutes in form of poverty hereafter than formerly they were which will take up much of their employment And are not Attorneys like to have much more trouble turmoyl travel in difficult cases which are like to be put off frō Trial one day appointed after another by reason no Provision is made for examination of Witnesses dwelling or residing in places far distant frō the places of Trial For which if provision were made according to some Propositions formerly published in Print great quiet would be in this Nation and Trials abated Perjuries seldome committed and Verdicts found and Iudgement given to the content of most and at small charges And yet such Attorney unlesse he be as it were a slave to his Client must restore all the money which he received as is given out is proposed which is like will cause all Attorneys of ability to be weary of and forsake their practise in a short time and leave the imployment about such things off to such as will deal as bad as Monopolizing Attorneys that have bought their places or crept into the same by Gratuities or Rewards have done in betraying their Clients causes by reason of bribes or Gratuities received of or from the adverse party which they frequently have practised For if such Monopolizing Attorneys be not waited or attended upon by the Suter their Solicitors Friends or Servants they usually permit good causes to perish and seldome or never have used to send to their Clients for to come to them or send instructions to prevent any danger so that upon the whole matter it may easily be
consume all or a great part thereof and in some Corporations or Colleges and such like places with which some of the same have been held those persons therein Living upon the same thereby have been so full fed that they have betook themselves to Idlenesse and lasciviousnesse and in some of them to the most Abominable Odious Beastly Unnaturall and Cursed sinne of Sodom * An example for this of many in Eminent Colleges now forborn to be named And yet some have desired the continuance of the same as the most equall way for the Comfortable Maintenance of a Godly and conscientious Ministry although it hath appeared that the same hath gone to the Maintenance of Catterpillers and Locusts as bad as the Abbey-lubbers or Drones before mentioned and the Poor Vicars divers of whom have been very honest and written and published pious and learned Books and took most pains in the Gospel lived very poorly and some of them in great want notwithstanding all their care taken for the feeding of their Flocks when such Locusts and Catterpillers have out of their fat Benefices betook themselves principally to Drunkennesse Beastliness Sottishnesse and Idlenesse and yet Domineered and Tyranized over such poor Vicars having been as diligent as Saint Cyprian and other antient Fathers of the Church who lived in Poor Wattled Cottages and fed sometimes only upon Pulse before Poyson was put into the Church by large allowances which began to multiply together with Pontificall Titles about the time of Phocas the Adulterer and Usurper who Murdered his Master Mauritius the Emperor his Empresse and Children and by the help of Boniface the third then Bishop of Rome in gratifying him as a Pontifex Universall Chief Bishop supreme above all other equall with Rome before and generally the whole Clergy with large allowances obtained the Empire and reigned like a Murderer as did his Successors after him by one of whom himself his Wife and Children were slain untill by the Popes they were outwitted and Outed of their Regal Power in Rome who after did the like or worse using not only all fraudulent dealing but Sodomy and Sorcery and by those means about the same time did Tithes generally begin to be paid but not to the Parochiall Priests untill the time of King John before mentioned being hundreds of years after which have continued so long in such manner that some not very knowing we will not say altogether ignorant have Idolized the same so far that they have cryed them up to be due by Divine Right and admitted of the claim of them from the Levites among whose Tribe out of those besides Priests as Namely the holy Butchers for killing and dressing of the Sacrifice fit for the Altar the holy Wood mongers for provision of Wood about the same and the holy Porters for bearing the Arke for none other but men then being or accounted holy might meddle with such things besides others which in the written word of God any who have read and desire the understanding of the same may with ease understand for the maintenance of which there is no warrant for there was a particular command from God for payment of Tith to that Tribe and none for the payment of any such thing to any since and by what right any one can claim the same they seek far to find it to be due by Divine Right and others have been so simple as to derive the payment of the same from the payment of Tithes by Abraham to Melchisedeck which can be made appear or thought none other than a voluntary gift to one that in those times some wayes though not revealed had a right to or deserved the same for some good deed done and it cannot be imagined any other than that the same if not so given was only a Gratuity or deed of Charity by our Father Abraham or that he had a secret command from the Almighty for rendering the same as to the Priest of the most high God but cannot with Equity or any solid Iudgment be drawn into example to be paid to Drones or Locusts in these times of their permission in severall places And for mainteinance of the same divers when they have been convinced in the by-gone things before mentioned have been of such affectionate Opinion or so seemed or made shew as to say and divulge that although the same should be taken from errable Lands and such like places where much labour and travell hath been in Plowing Sowing Manuring and buying of Compost or Manure and Rent and otherways and consideration had of their one only considerable Crop in 3 years against exacting of Tithes out of which divers have complained and Petitioned yet would not that be beneficiall to any poor Countrymen who have taken or shall take such Labour Travell and Pains and be at such Charges but that only the benefit would redound to the Purchasers and Landlords in the rise and improvement of Rents or otherways which every conscientious judicious man knoweth to be otherwise for can any man imagin that such Heathenisme is intended or any other thing but that there shall be a Competent Maintenance for a Godly and Conscientious Ministry and is not that most convenient to be imposed upon such things which use to be Tithable and what cause then can there be of increase of Rents but that something accounting one thing with the other equivalent to Tithes should goe out of the same and otherwise for good purposes and not for the maintenance of Locusts and Catterpillers for if the people and their Children should depend only for their Teaching and Instructing upon such Tith-takers as for the most part have been they having been accompted the most vitious of any sort of men according to the respective Numbers they may be as ignorant as any Heathens for ought any of them have had or could have of such Locusts or Catterpillers for such as have been intent and desirous to be instructed in true Holinesse and Righteousnesse and have thirsted after the way of Salvation have been constrained according to their respective Abilities to contribute towards Maintenance of Godly Conscientious and sincere men Learned in the Written Word of God to instruct them in that way and those who have received Tithes have not benefitted them at all but have wasted consumed and imployed the same in such courses above mentioned which they have practised and mispent the same as bad as the Heathenish Priests who before received Tithes and sacrificed to Devills Idolls and Oracles * See the History before mentioned And further as for the losse of Such who may be damnified by the taking away of Tithes that is like to be the losse for the most part of such by whom and their Ancestors they have been long enjoyed and therefore such in Equity ought to expect little or nothing for forgoing the same in respect of the low Rates which they have paid for them at the first regard being had to