many Years forc'd to defend my self and after I had bin in some measure Righted by a Decree in that Court Three of his Counsel being afterwards made Lords Commissioners for the Custody of the Great Seal Reversed my Decree that had bin Signed and Enrolled without any manner of Reason only for to please their Client of whom for many Years together they had all received extravagant great Fees and then the most Reverend and Right Honourable the Lords Spiritual and Temporal by Reversing their Decree of Reversal confirmed again unto me my Right upon full Hearing of the Cause brought before them upon mine Appeal for which I pray God to reward them But leaving me to the Law for my Damages sustained by the said Statute of Bankrupt I have there had a Tryal with the said Moyer who being quitted by the ingenuity of a favourite Counsel and the inclinations of the Judge I was forced to pay him Costs and the Court being told by the Judge that my Remedy at Common-Law did lie only against the Lords Commissioners of the Great Seal by bringing mine Action against them which the Judge knowing very well is an unpracticable Thing unless I had a Million of Money to spend hath left me without Remedy for 't is Money and not Law that now doth the Justice in many if not most Causes and if a Man have enough of That he is sure of his Cause in any Case But as such Practices are unknown to Your MAJESTY that abominates all Injustice and such Ways of Unrighteousness so doubtless Your most Excellent MAJESTY will not allow Money to stand in Competition with and jostle Justice out of its place in Your MAJESTY's Government which doubtless Your MAJESTY desires may be a Righteous Government I doe therefore humbly make this my most humble Petition of Appeal to Your most Gracious and Sacred MAJESTY to be relieved against the manifold Oppressions I lie under by mine Unparallell'd Grievances now shewed to Your MAJESTY For having paid to the full all manner of Taxes due to Your MAJESTY which have bin required of me to pay every Penny whereof being so much more than I have gained since the Year 1690 when the said Moyer most wrongfully and causelesly took out the said Statute of Bankrupt against me I will hope for as much Clemency from Your MAJESTY being the Great Christian Soveraign and Father of this Nation as the Grand Signior shews to any manner of person Native or Foreigner that by the Turkish Laws hath bin aggrieved in his Dominions It being the Manner and Custom there in Turky for any person whatsoever that at the Turkish Law hath bin aggrieved by the partiality and injustice of an Unjust Caddee or Judge to put Fire upon his Head with which he standing in the way or but in sight as the Sultan or Grand Signior is passing along when he rides abroad As soon as ever the Grand Signior or Sultan espies the Fire he certainly and immediately commands the Man to be brought unto him and then hearing his Complaint redresses him without any delay and many times the unjust Judge is put to Death by being pounded all to Mash and squobb'd all of a Lump in a Mortar Now though such Ceremonies are not used here yet I doe most humbly hope this my most humble Petition of Appeal to Your MAJESTY may doe as well And as I am desirous to approve my self Your MAJESTY's most Loyal and Obedient Subject so Dread Soveraign I doe most humbly prostrate My self my Life and mine All at Your MAJESTY's Feet begging Pardon for this Liberty that it may be without any Offence And as in Duty bound I shall whiles I breathe pray for Your Happiness to continue and if it may be possible to be augmented in this World and in the World to come Life everlasting Amen April 12. 1697. Benjamin Albyn To the High and most Honourable THE KING's Lords Justices May it please Your Excellencies THis mine humble Appeal to God and the King being designed to be presented to His MAJESTY before the Rising of the Parliament but the Printer not being able to get it ready in time and His MAJESTY being gone out of the Land I therefore thought I must had stayed for His Return but the Outragiousness of one Sir Richard Blackam admits no delay being such as by force to seize and take away my Goods in the stead of paying me Money and restoring unto me sundry Notes for sundry Thousand Pounds which in Kindness only I had accommodated him withall For Sir Richard having contrary to all Agreement with me by sundry Arrests forc'd me to a Refferrence unavoidably and I having accordingly made choice of one Mr. John Freeman to be a Refferree for me against one Sir Alexander Rigbey a Refferree Sir Richard had chosen for himself who thinking fit to go off without effecting any thing in the matter Mr. Freeman became sole Refferree and Sir Richard having smiled upon and insinuated himself into him he did not at all consider me or my Case notwithstanding I gave him caution and told him how that Sir Richard would Wheedle a Thousand of him and me neither would Mr. Freeman regard any thing I could say for my self but plainly told me when I spake to him any of the Things material for me sometimes I doe not mind That and at other times I doe not regard That and became so wholly enclined to his Interest as to Award me to pay him 380 Pounds in the stead of making him to pay me 1018 Pounds without giving any manner of Reason for it but only said when I asked him the Reason I doe not know so it is and I can doe no otherwise and if you were in Blackam's Clothes you would doe the same Things that he doth And afterward became so very hard upon me as to make me give him Security for my complyance with his Award by causing me to order my Correspondent at Alleppo to consign unto him some Goods of mine of greater Value and afterwards Sir Richard Blackam refusing to doe his part which was easie being only to deliver up my Notes upon Oath because lent him in kindness only and I did not nor doe know how many they were or for what Summs the Award became void Yet afterwards to please the said Sir Richard as I believe because Mr Freeman told me himself Sir Richard had sold him my Goods for 50 l. less than he was to allow me for them which was scarce half their Value as then worth for he would needs perswade me to sell them at very low Rates to Sir Richard and make him a Bill of Sale of them and in the stead of my Notes laboured vehemently with me to take Sir Richard's Bond And because I refused so to doe he did in his Rage tear the Bill of Sale he had appointed and swore in those very Words BY GOD I WILL NOT CONCERN MY SELF OR MEDDLE ANY MORE WITH THE MATTER Whereupon as I thought it
that so he might not trouble me any more But however upon the Revolution of the Government three of his Council being made Lords Commissioners for the Custody of the Great or Broad-Seal Mr. Moyer brought his Bill of Review before them then they without giving any reason that ever I heard of reversed the Decree set aside the Enrollment and ordered the Cause to be reheard ab origine whiles I was about my Business at Portsmouth and though before I went having had notice of their Design I fee'd my Counsel with sundry Guineas to each yet because the Cause came not on the first day 't was appointed it seems they expected as they call it refreshing Fees as my Sollicitor told me and because I omitted so to do little or no defence was made for me my Opinion being that 't was an unreasonable thing to give extravagant Fees for nothing because the putting off was not my fault and I had not any Money but what with great care hazard and trouble I had obtained by the Sweat of my Brows in my way of Merchandise So the Cause coming to be heard accordingly one of the Lords Commissioners of the Great Seal without hearing much of the matter before the Cause was fully opened said He would make short work he knew the Cause very well 't was nine Years and an half old and 't was time to make an end of it and ordered and decreed me to pay back the Money 's with Interest which I had received of Mr. Moyer and 6977 Dollars besides whereupon in my mind I did resolve to bring mine Appeal to Parliament and accordingly I did avoid being served with the Decretal Order because I would avoid running into the Contempts of the Court of Chancery So not finding to serve me with the Decretal Order Mr. Moyer took out a Statute of Bankrupt against me thereby to execute the Decree and laboured extreamly to find out some body to joyn with him to make me a Bankrupt but could find none the like was never known or done by any man to any man as I have been told by the most learned and knowing able Lawyers So this is apparently a Grievance without any President and the ill Consequences have been many and great upon me and those that were my Friends are become Strangers unto me if not utter Enemies And though he could not prove me a Bankrupt yet the Commissioners sat five times as I have been told to make me so and assigned my Goods of some thousands of pounds value upon the Turky Ships unto Mr. Moyer and sent the Commission on Board the said Ships soon after they arrived in the River of Thames from Turky and there pretended me a Bankrupt whereupon I went upon the Exchange and arrested Mr. Moyer and told the Commanders of the Ships That if they delivered any part of my Goods to Mr. Moyer I would arrest them So with extravagant Charges and much adoe I saved them out of his Hands Afterwards I made my Appeal to Parliament who did upon hearing the Cause most honourably and justly reverse the Decree of Reversal and so confirm my first Decree for which their Justice I pray God reward them Eternally but leaving me to the Law for the Recovery of my Damages sustained by the Statute of Bankrupt I brought mine Action against Mr. Moyer for Twenty thousand pounds that being the Summ that some of them said they had heard people say I was worth in the Court when the Commissioners were sitting upon the Statute and said moreover Now we shall see whether he be worth it or no. Now the Action being brought to a Tryal before the Lord Chief Justice at Guld hall London Anno 1691 having subpoena'd in about Twenty-six Witnesses and though all came yet hardly four of them were call'd or examined I did not doubt but being to answer upon their Oaths they would speak the truth of what they knew but contrary to expectation one of them that had told my Mother that Mr. Moyer was resolved to use all the rigour that possibly he could against me did upon his Oath tell the Court That he never heard Mr. Moyer to speak against me but did always speak with very great respect and kindly of me or to that effect And another of my Witnesses on purpose as 't is supposed which I thought had been my particular Friend and had been very kind unto me in the time the Commissioners sat upon the Statute to tear me into pieces I according to the utmost of my mean Ability did endeavour to requite him by taking all manner of occasions to do good for him and his as for instance One Mr. Thomas Barnadiston being in Partnership with one John Barton mine Apprentice in the Office of Factor Marine at Scandaroon being both dead he came to me and told me That John Barton died indebted to Mr. Barnadiston the Summ of one thousand Dollars or thereabout and upon his desire I did promise him to use mine Endeavours to get it for him when Barton's Effects should be gotten home Now I having made him this promise and mine Intentions being to go for Dublin in Ireland and there to stay untill near the time that the Parliament were to sit in November following when I did design to return and bring mine Appeal I thought it both just and kind to go and acquaint him with it which I did in the same words and at the same time I did endorse and deliver to him Bills of Lading for some of mine own proper Goods both Silk and Gauls laden on the Turky Ships then expected home from Turky that so out of them he might be fully satisfied what was due for Barton's Debt which I had promised to endeavour to get for him which he seemed to be well pleased and satisfied withall Now John Barton though he was mine Apprentice and had sundry Years to serve me yet he needed not to have gone to that fatal place of Scandaroon had not some busie People perswaded him to it by telling strange Tales of great Preferment which made him come and beg of me to let him imbrace the offer and that I would not withstand his Preferment So after I had given him mine Opinion and Advice against it having been there twice my self and had told him I intended other things for him I left him at his liberty so he went although in the time he had lived with me at Smyrna he had gained better than 1200 pounds from little or nothing For I was so far from lessening him by receiving and delivering Bags with Money under his Seal to make good what should be wanting as I have been told hath been the practice of one that thinks himself a great Man here in England whose Cash being always very considerable would make his Apprentice receive all his Moneys and when he had made up an even hundred pounds in a Bag then he was to seal it up and so deliver it to his Master and
AN APPEAL TO GOD and the KING Together with A True NARRATIVE OF Unparallell'd Grievances c. Wherein may be seen as in a Mirrour or Looking-Glass the surpassing Miseries of the English Nation above other Nations for having the best and most wholsome Laws in the whole World yet being so excessively corrupted by Covetousness of Money in the Law-Practicers as now they are In the stead of being an Help and Safeguard are now become a meer Nusance and Oppression to the People and unless some Expedient be found out for a just and due Administration of Justice without Fee or Bribe 't is impossible for This Nation to be Happy but must remain the most Miserable Nation in the whole World Most humbly Presented by BENJAMIN ALBYN of London Merchant Felix quem faciunt aliena pericula cautum LONDON Printed for the Author 1697. JEHOUAH O Lord God of my Father most Blessed and Glorious Trinity FATHER SON and HOLY GHOST Three Persons and One Almighty God in Unity whose Unity is in Trinity and whose Trinity is in Unity incomprehensible whose Essence is a Substance without Composition Immaterial and Spiritual whose Life is altogether entire perfect all at once One infinite Moment without Beginning or End Eternal Who is Reason and a perfect Understanding perfectly knowing and understanding Himself is immutable and necessarily in Himself whose Infiniteness makes all Wonderfull His Mercy Love Goodness and all his Excellencies infinite Whence ariseth his All-sufficiency that possesseth all Goodness desirable or possible Who is before all Time and above all Circumscription of Time from Everlasting to Everlasting who made Time and will dissolve it again He is called the Rock of Ages the Ancient of Days and Eternity itself Alpha and Omega the first and the last hath called Himself I AM Whose infinite Essence gives Being to the whole Creation and is All in All whose Attributes are more Excellent than to be discerned by so mean a thing as Sense His Wisdom Power Mercy and Justice Goodness and Truth also his Immensity Purity and Holiness is Incomprehensible and Eternal And having created the Heavens and the Earth and all that in them is within Six days and rested on the Seventh is therefore called the God of Sabbaths which we are commanded to keep Holy according to his own Example and Reason for Blessing and Hallowing that Day His Name is a strong Tower and being the Father of Lights King of Kings his Dominion is Supreme and being King of Righteousness from whom nothing is hid delighting in his Mercy and Justice beholdeth all the Dwellers upon Earth whose Vision is in his Attributes Providence and in the Face of Christ his Eternal Son who for us Men and our Salvation came down from Heaven and took upon Him the Nature of Man without Sin to suffer for the Sins of them that believe and to fulfill the Law became a Mediator betwixt God and Man in whose Name and Merits alone it is that I who am but a poor worthless Worm sinfull Dust and Ashes doe now most humbly present and prostrate my self before the Throne of his Majesty begging Mercy and Pardon for all my Sins and Iniquities and to blot out all my Transgressions O Lord God look down and have Mercy upon me lay no more upon me than thou wilt enable me to bear Counsel me in all my Difficulties sanctifie mine Affections create in me a clean Heart and renew a right Spirit within me Let not the World the Flesh or the Devil have any dominion over me Teach me how to fear Thee and Thee only and enable me to put mine whole Trust and Confidence in Thee and in Thee only and to hope in thy Mercy alone Sanctifie unto me all thy Dispensations towards me and in thine own good time send me Deliverance out of all my Troubles and Afflictions thou hast visited me with and in the mean time give me Patience to bear them Behold the Rage of mine Enemies abate their Pride asswage their Malice turn their Hearts and confound their Devices and plead my Cause with mine Adversaries and clear up mine Innocency from all their Aspersions and give them true Repentance for all their Sins and let them amend and reform their Misdoings Encline the King's Heart couragiously and continually to execute Judgment and Justice that so by Righteousness His Throne may be Established to Him and His Posterity throughout all Generations Enable Him to correct and purge out all the corrupt Practices now used in the Laws of this Land and grant that by the good Advice of His Parliament by Thee the only Wise God directed He may in His days live to see Judgment and Justice run down like a mighty Stream and Righteousness flow like a broad River that so He may be found worthy that at the last when His Life shall end here He may Reign with Christ to all Eternity in Life everlasting O Lord send a good Issue out of all mine Afflictions endue me with true Wisdom Knowledge and Understanding give me Sincerity and Integrity and shew me the Way wherein I should walk and grant in whatsoever I doe I may seek thine Honour and thy Glory Give me neither Poverty nor Riches but feed me with Food convenient for me and make me joyfully and truely thankfull unto Thee with mine whole Heart for all thy Providences towards me for the many Mercies and Necessaries of this life and of the life to come particularly for my Creation and Preservation but especially and above all for my Redemption in the Lord Jesus Christ for the means of Grace and the hope of Glory To whom with Thee and the Holy Ghost be all Honour Glory and possible Praise Might Majesty Thanks and Dominion henceforth and for ever-more Amen O Lord in Thee have I trusted let me never be confounded Benjamin Albyn To the August Imperial and most Excellent MAJESTY of WILLIAM the Third by the most Wonderfull Providence of the Almighty God made King of England Scotland France and Ireland Defender of the True Christian Faith and in His Dominions over all Persons and in all Causes next under God Supreme Moderator and Governor The most humble Petition of Appeal together with a True Narrative of his Vnparallell'd Grievances c. is most humbly Offered and Presented by his most humble Petitioner BENJAMIN ALBIN of London Merchant GREAT SIR AS You are God's Vicegerent here upon Earth so You are most justly and duely to be accounted my Dread Soveraign and without just Cause I should not presume thus to make mine Approach to Your most Sacred MAJESTY Now as Life and an honest Reputation are to me of an equal Value and one Sir Richard Blackam hath blackened and whispered away my Reputation on the Grounds of a Causeless Statute of Bankrupt maliciously taken out against me by one Samuel Moyer after a long and wrongfull Prosecution of me in Your MAJESTY's High Court of Chancery where with most excessive Charge and Trouble I was for
pleased to say That here are two to be cheated and he had rather Albyn should be cheated than Fowles and another Baron that perus'd corrected and sign'd my Bill against them both in the Exchequer whereby to be relieved against the Fraud then said at the Hearing I had no Equity though when I gave him his Counsel-Fee at signing being above the rate the Law allows I had a great deal of Equity Now by no means can I obtain an Hearing of the Cause against Haddersich who did fraudulently get and still keeps my Right to the said 250 l. from me so it seems a Counsel whiles a Counsel to get a Fee will tell his Client he hath Equity in his Cause but when made a Baron the Equity ceaseth though his Client be injured never so apparently by a most notorious Cheat who confesseth to have the Money and yet goes free without being called to Judgment and though my Bill be still depending he is protected and I can by no means obtain Justice in so plain a case which is stupendious to think how in England a Court of Equity should protect such a notorious Cheat I do believe the like is not in any other part of the World which doubtless must be a great encouragement to Cheats and looks as if the Laws were made only for the Practisers therein to enrich and raise themselves in the World and not for Righting the People and that such Cheats were to be encouraged as persons that brought Grist to the Lawyer 's Mill. Now in Turky where any Difference doth happen betwixt Man and Man the Man aggrieved may immediately call and have him that offends before the Caddee or Judge and without any delay both Plaintiff and Defendant plead their Cause themselves and according to their Laws the Caddee passeth Sentence which is immediately executed and the Matter ended both parties become friends and no provocations make the Turks live in Malice as generally people do here in England who I do believe use it more than all the World besides partly because here are so many whose business is to set people at variance by telling them what advantage one may have of the other by the force of Law partly because generally the people do highly commend the envious and malicious Spirit and call it a great Spirit though if duely considered I think nothing is more base and less worthy of respect and is indeed the effect of Purse pride For what is more common than for people that have more Money than their Advesary to say as Mr. Moyer's Brother-in-Law did say after we had spent some years and much Moneys in his Suit against me in Chancery he being to receive his share of what they hoped to get from me said thus finding it a very chargeable Court If One thousand pounds would not do another thousand should and if that did not do another should and so on to I know not how many thousand pounds and he was resolved his Brother Moyer should carry the Cause whatsoever it cost so it seems he did not pretend to any Right there was in the Cause on their side but only to ruine me by the force of Money as I was told Mr. Moyer did threaten to do when I was in Turky if ever I should come into England which to effect I do think he hath omitted no means or endeavours but what reason he had for it I could never learn or find out for I never had to do with or did ever see the Man in mine whole life that I know of untill I did arrive from Turky back to England Sometimes I have thought that because my Father sometimes would laugh and jest with his Father and salute him by the Title of Mr. Chairman because that in the time of Sequestring as I suppose the Estates of the Nobility and Gentry of England much about King Charles the First 's time he was Chairman of that Committee as I have heard and have bin told but I do remember the Old Man did not much like it for he would look very grum and sowre upon it Now though such jesting might pass betwixt them what was that to me could I help it Now Mr. Moyer having as it may be supposed this innate principle of encroaching upon and taking away the Rights and Estates of other Men obtained an Order out of Chancery to have my Books laid open unto him and having before a Master perused and examined my Books in all things he could desire and not being able to find out any thing therein for his purpose or find any fault became so enraged at me that he said Mr. Albyn you are a cheating Knave and I le prove it Then said I Bear witness Gentlemen So the next day he came to me upon the Exchange and told me he was in a Passion and began to beg my Pardon but all that I said unto him was Pray do not let you and I talk for I indeed did then intend to bring mine Action against him for so notorious an Abuse But the Lawyers that were the Only Men then present being unwilling to bear Testimony made me to forbear so was forced to swallow that Injury likewise One instance more of Moneys being the Rich man's Justice and Confidence in his Cause be it never so bad black and foul is what Mr. now Sir Richard Blackam said to me in Serjeants-Inn after we came out of Judge Dolbin's Chamber when we had bin both before him upon his Summons to shew Cause of Action wherefore he had Arrested me and upon hearing the whole Matter the Judge had told him there was no Cause of Action and if he went on he would be Non-suited Sir Richard Blackam did then laugh at me and told me that he had yet Five hundred pounds to spend for all that for so much or near that Summ he would needs pretend to recover of me for I believe he knows pretty well that whatever a Man recovers at Law it must cost him as much at least Now whereas by the ingenuity of the Lawyers Sir Richard Blackam is hindred from confessing and plainly setting forth the truth and matter of fact set forth in my Bill if he were of himself only to make a full and true Answer the Truth would soon appear and Justice would take its due place without any delay trouble or expence But now there is no Remedy because by the force of Money he sets the Lawyers Wits on work to make it an endless Suit by evading some part and not in any measure answering the other near 19 20th parts only in general terms saith My Bill is full of falsities Which I do deny and he knows that if he should be put to answer particular by particular he must confess and not deny the particulars and by such means the truth being concealed I have no more remedy than as if I should knock mine head against the Wall Now though these and the like and many more instances
upon a small consideration did make him an abatement of 352 l. and accordingly I endeavoured to make an end with him but he finding no Right to be had for me at Law in any case hath put a stop to all and saith he will spend Fifteen hundred pounds but he will have what by Law is my Right from me though the whole matter is worth but 862 pounds So he having wheedled with and given great Entertainments to the Trustee and other Friends that I had desired to endeavour to perswade him to do the reasonable and just Things according to agreement did on the contrary prevail with them to assist him to over reach and circumvent me and to tell me that I was without any remedy both in Law and Equity and that he being the Sword-bearer would upon all occasions find more favour in a Court of Justice than I should Can there be a greater aspersion upon the Government than to say their Courts of Justice do distribute Justice according to the respect they have for persons in Office or otherwise more than others I am sorry to see any one should have cause to think or speak such a word They also would needs perswade me to leave it to them Whereupon being professed Friends in an extraordinary manner the one being my Brother-in Law and the other having all along before that time pretended to tell me how unreasonable and unjust my Brother Mann's dealings in the World both with me and others had bin I did tell them thus Let the Case be truely stated and carried to two of the most Eminent learned and able Counsel for their Opinions both in Law and Equity and to have the Opinions clear without interruption by talking with them I did desire we might all meet together and I would give to each of them a true Copy of the Case verbatim with the same Words in two distinct Papers and at one and the same time to go from me separately the one to the one Counsel and the other to the other and without mentioning one word of the Case deliver to each Counsel the Case in the Paper and not to meet one another untill they did come again to me I would then if Counsel should advise that I had no remedy as they had said referr it to them but in the stead of so doing they did not meet me together or could I ever after see them together since the time I made my proposition of terms for the Reference they had desired of me to be left unto them but on the contrary not finding them in some days I did to lose no more time send one with the Case that knew nothing of the matter to Mr. Serjeant Levine who gave his Opinion subscribed to the Case and then Mr. Brome not knowing Advice had bin taken upon it sent to me for a State of the Case so I sent him the Original Draft thereof which he before had seen and said was so truely stated that there was not a word to be added to or be taken from it But Brother Noyes not being to be found I sent him another Copy with Copy of the Serjeant Levine his Opinion so the next day Mr. Brome and he meeting together consulted which way to make void Serjeant Levine his Opinion so went to Mr. Serjeant Pemberton and representing to him different things upon the Case in their talk with him did get him to subscribe an Opinion seemingly different but not contrary as they fancied And then they went to Serieant Levine and told him he was mistaken in his Opinion and thence went to Brother Mann's House and to the Tavern and drew up their Award according to his mind which they signed and left with him Next day Mr. Brome came and told me how they had made an end and had bin with two Counsel and a long Story how Serjeant Levine had owned himself mistaken but shewed me nothing that had bin written by any of the Counsel and Brother Noyes went away that morning out of Town without seeing me from the time they first proposed to have the Reference and thinks by that means to bind me with the Award notwithstanding he acted contrary towhat was proposed and as some that are learned in the Law did say was very knavish and is of no force A True Copy of the State of the Case with both the Serjeant's Opinions and the Award signed is as follows The Case betwixt A. and B. A. having a Widow Sister who by surviving her first Husband became seized in the Fee simple of the two Estates in Lands Houses and Tenements the one Estate being valued at 250 l. per Ann. she did according to Agreement before Marriage with her second Husband settle upon him and his Heirs for ever all the Estate of 250. l. per Ann. upon Condition that he should pay off the Summ of 2010 l. Debts due upon that Estate and she have the liberty after Marriage to give and bequeath the Summ of 2000 l. amongst her friends to be paid them within two Years after her decease to be levied out of the said Estate of 250 l. per Ann. as by the said Deed more particularly appears in the Hands of the Trustee the other Estate being but two Houses and a Stable with Ten Acres of Land reckoned worth 31 l. per Ann. She also reserved to her self at her own disposal without ever interesting or concerning her Husband therein About two Years and twenty-two Days since A. his said Sister died and by Deed according to Marriage-Covenants gave away but 1800 l. of the 2000 l. by reason she had prevailed with her second Husband B. to put 200 l. for her Life into the Million-Lottery Now B. her second Husband having extreamly importuned her to make over to him the other Estate of 31 l. per Ann. had gotten Writings drawn and accordingly did about Ten of the Clock at Night shew them unto her which did so much trouble her that soon after she was in Bed 't is supposed she died because next Morning she was found dead and her Corps almost quite cold and indeed was the occasion of once breaking off the Match But however B. the second Husband comes to A. the deceased's Brother and tells him that he is Heir at Law to the Estate of 31 l. per Ann. and if his Sister had lived but two Days longer she would had made them over to him and did not doubt but he would accomplish the thing his Sister had intended to doe because he knew him to be a just Man and withall told him That if he would be so kind he would give him a hundred Guineys but A. not complying desired B. to deliver unto him the Writings belonging to the said Estate but B. replyed He would not part with them but having Possession 't was 11 Points of the Law and he had Children and Grand Children to provide for Hereupon A. Files a Bill against B. in the High Court of Chancery
Equity against him to discover and make him confess the Truth Why then you shall have no Remedy For his Counsel shall direct him to Plead and Demurr to what he cannot answer without Confession And I have heard a Lord-Keeper on the Bench in a Cause I had before him in K. Charles the Second's time declare Mine Adversary that cheated me ought not to be compell'd to answer my Bill because 't was customary for Shop-keepers in Cheapside to tell Lyes and if you go from one End to the other to buy a pair of Stockins they would tell you they lost though they got never so much by them So it seems Wickedness is defended by Wickedness and there is no Remedy 5 thly Their great Master piece and what the most ingenious as they account themselves doe profess is to cut a man's Throat with a Feather 6 thly The great care of a Counsel and an Attorney is to manage a Cause with that method as may draw the most Money from their Client and that they call doing for the good of the Law 7 thly They are very forward to multiply Motions and for every Motion the Attorney or Sollicitor must be paid for new Briefs though the old ones doe serve and every Counsel you have had to doe with must be Fee'd for the Motion and must have his Brief of the whole Cause though perhaps two or three Lines for one Counsel be enough and there is no occasion for the rest to speak one word 8 thly They must all be Fee'd also and have new Briefs for the Defence against every Motion made by the Adversary upon due notice given to the Client 9 thly The Attorney commonly directs the Client what he must give to Counsel and commonly once in three Months he gives his Client a Bill amounting to as much Money as has bin given in that time to Counsel and if the Client offer to abate him Three-half-pence of his Bill he 'l take it amiss and in great dudgen although the Client perhaps hath spent upon him and the Counsel many a Pound at the Tavern 10 thly If your Counsel have undertaken by the force of Money from your Adversary to betray you and favour his Cause he shall under pretence of zeal for your Cause bawl most filthily and calling your own Witnesses to give their Testimony he 'l either bawl and make such a noise as to affright them or else confound them with cramp Questions And when all is done you must believe he hath laboured most vehemently and taken an abundance of pains for you 11 thly The Sollicitor or Counsel can neither of them tell you how long 't will be before the Cause be ended or how many Years 't is like to continue especially in Chancery for I did never yet hear of a Cause begun and ended there in so little as one Year's time and most Causes are held out according to the length of the Clients Purses 12 thly For the benefit of a Fee there is hardly any Case but they 'l pretend if you desire to be secured legally by a Writing under a Counsel's hand as Law they 'l not disappoint or displease you by telling you according to Law it cannot be though to be safe according to Law only it is you do come to desire Advice and a legal Instrument to be drawn whether it be a Defeazance or Conveyance c. yet right or wrong he 'l pretend to draw it out legal and firm and safe and afterwards if it prove insignificant or scandalous in the Law he to excuse himself shall call the Client Rogue and Knave c. for asking of him his said Advice and taking the Writing of him which he parted not with unless he had received the Payment of perhaps more than his full Fees twice told at least Suppose a Man be wronged and cheated of ever so much as suppose it be to the value of a Million which to me seems a very considerable Summ and he himself could make it appear undeniably by good and sufficient proof if had the liberty to speak himself for 't is impossible any Man can know the truth of his Case better than himself yet if he have not Ten shillings to give a Lawyer to speak for him he must lose all and be without remedy and if he cannot borrow beg or steal so much he must go to Prison and there rot and be quite undone for the Lawyers never trust a Client So 't is plain that without Money no Justice must be had and whether it be according to the Law of the Land I know not but I dare be so confident as to say 't is not according to the Law of God who hath given every Man a Tongue to speak for himself Also I have found a sort of a Lawyer of 20 or 30 Years study and reading the Law that is neither Counsel nor Attorney but pretending to great Knowledge in the Law and great Commiseration and Pitty towards me to see me so much harrassed and abused would also pretend friendly and faithfully to advise and help me and accordingly did advise me by no means to be served with a Decretal Order and meeting with one of mine Adversary's Counsel threatning to take out a Statute of Bankrupt against me if I would not be served with the Decretal Order he bids him kiss at which he pretending to be enraged effectually does the thing And afterwards finding that by Law I was Heir to what Brother Mann hath and doth keep from me bids me not trouble my self he would undertake to get for me my Right without my disbursing one penny of Money till 't was fully recover'd For which kind proffer as I did accept of so I gave him my many and most hearty Thanks and accordingly he undertakes it and in the stead of taking the right and short way by serving the Tenants with Ejectments as I desired and he promised me to doe he it seems thought fit to imploy the great Mr. E. of Bristow as he called him who being the richest Attorney in Bristow must needs be both the most extreamly honest and able so upon his discoursing with him they did resolve and contrive betwixt them how to make a beneficial Suit of it So concluding together to File a Bill in Chancery to get the Writings they accordingly preferr a Bill and after a few days were past my learned Lawyer comes and tells me what was done and how that without the Writings 't was impossible to serve Ejectments so I acquiesc'd with whatsoever his great Friendship and Learning did suggest and about three Months after tells me that the great Mr. E. had done the business and I need not trouble my self he would take care though they had neither gotten an Answer to the Bill nor the Writings for the Estate So waiting some months longer and no Answer appearing I went to the Clerk in Chancery that they had imployed to know the reason of the delay and told him
did desire to be carried before the Mayor they denied me saying He had nothing to doe with it So I paid down the uttermost penny they thought fit to demand and took the Clerk's Receipt A True Copy of which is as followeth For Drawing the Ejectments and Advice 3 s. 4 d. For Writing four Copies 10 s. For Service 3 s. 4 d. For Drawing the Affidavit King's Stamp and Swearing 2 s 6 d. For Action 1s For Arrest 2s 6d make 24th of March 1696. Received the Contents of the above for the Vse of my Master Richard Knight per me Jos Tapley Then being let go I walked to the Tolesey where I was informed the Young man's Master Richard Knight had bin seen just before so went to his House where finding him in his Office I told him what Usage I had received from his Young-man but all that I could have from him was That truely he was very sorry for the Action and it was done without his Knowledge and if I would he would beat his Clerk for it if that would doe me any good and he could doe no more for he said his Clerk had no Money and was not worth one farthing Afterwards I went to Mr. Mayor of Bristow and acquainted him with what had pass'd but he told me 't was not in his Power to help me and if he should go about to endeavour it he feared he should but only expose both himself and me and did therefore think it best to let it alone and withall did tell me with great lamentation of the great abuses and ill practices of the Attorneys in and about that City But in Matters that came before him he would not suffer any of them to speak so much as one word though they were generally so very forward that he had much to doe and 't was with a great deal of trouble he made them to forbear For said he I have always found that they make a good Cause bad and it is my business to doe Right and Justice to every Man that comes before me Now if an High-way-Man had taken so much from me I think 't would had bin much more tollerable and fair because I might then have had the liberty of fighting and defending my self But it seems the Attorneys that have an especial Protection in the Law from being called Knaves can make the Law to serve them to all intents and purposes whether it be down right Robbery or Cheating by extravagant Bills charging 10 or 20 times more than what is lawfully and justly due or by Arresting Men for Debt before ever it be demanded of them and taking out Execution first on the Principal and when satisfied there then on his Bail and in two or three Years time can run up a Debt from 45 l. 4 s. 6 d. and make it amount to 200 l. Doubtless these Men are choice and ought to be nourished and cherished as Procurers of the Nation 's happiness for they are in themselves most absolute having the Law at their command each Man is Judge Jury and Executioner and all within his own Will and Pleasure I thank God I have travell'd some part of the World and in it a good part of Turky and Christendom but I never met with or heard of the like usage and practices used here in England I do not remember to have seen or heard that the Locust or Catterpillers or any sort of Vermin have so very much increased in the time as that sort of Men called Attorneys have increased within these few years about Bristow I remember an ancient Inhabitant of that place told me in March last that of his certain knowledge about 30 years since there were belonging to Bristow no more than six Attorneys and the one half of them died in Goal for want of Business and the others could hardly live by their Imployment and now there are not less than Six score nay he believed they were more numerous than the Porters about that City and every one of them lives like a Gentleman of a great or plentifull Estate And now one of them that was but a poor Clerk about 26 years since keeps in his Stable 10 or 12 Horses constantly and when he comes up to London he commonly hath 6 or 8 Horsemen to attend him Now how comes this great Mystery to pass if it be true as have bin told that an Attorney cannot honestly get by his Practice above 40 pounds per Ann. I think it may well be supposed and there is no great doubt but they have the Art of sinking devouring and swallowing Estates as is too too apparent by multitudes of ruined Families Now if a Man of any other profession charges in his Account more than what is due he is accounted and called Knave and if a Coach-man Carr-man or Water-man demand more than his Fare for which there are sett Rates the Magistrate can and will punish him or them for such Extortion and make them be content with their just Dues Or if an High-way-Man or Pick-pocket shall take from a Man the value of Five shillings or less he must by the Laws of the Land be hanged for Theft But Lawyers and Attorneys do not only bereave Men of their Estates and Reputations whilst they live but even their Posterities must grieve and groan under their most monstrous evil Practices And although our Laws are undoubtedly the very best and wholsomest of any yet these Men by their evil practices doe render them the most grievous and the most burthensome in the whole World and I doe believe the whole World doth not afford the like Hell upon Earth for Men to be devoured by Fraud and Deceit under the colour and pretence of Law and Justice I have bin told that at Doctors-Commons there is now depending a Suit for the Value of Eighteen pence no more which cannot be yet ended although the Parties concern'd have spent at least Three hundred pounds on either side I cannot conceive how 't is possible for a Poor Man or a Man of a mean Estate to get his Right by Law of a Man that is vastly Rich who with his Money strikes a Cause through and through i. e. on both sides For though the Man of mean Estate may make shift to provide and give the due Fees according to Law yet if the Rich Man shall not only Fee his own Counsel much higher and by cunning ways doe the like to the mean Man's Counsel which is no new practice must not the mean Man needs lose his Cause and his Right in it without remedy For I have heard of a Story of one that very lately was the ancientest and ablest Lawyer and Counsel in England that in his time receiv'd a Present of Pippins with some Broad Pieces of Gold stuck in into every Pippin one but how many Hundred of them there was I have forgotten But however the adverse Party receiving intelligence thereof resolved to out doe him and accordingly sent him a
Present of a Pig stufft in the Belly with Guineys of a greater Value so he took care to manage the Cause accordingly and afterwards without making any manner of restitution or satisfaction or shame made a jest of it and laughing at his own Client said The Pig had eaten up the Pippins Now if every Man had the liberty to speak for himself in his own Cause the Truth would more naturally be found out by an understanding Judge and such corrupt Doings would be unpracticable I doe believe 't would be very good husbandry and a good way for administring Justice impartially If the Nation would give the King a Million or two Millions every year for Justice to be administred without Fees and none but the Sons of the Nobility and Gentry of good Estates should be permitted to practice the Law though I doe not say but all Men ought to study to know the Law and when made Judges to have such liberal Salleries as to be above Bribery and if found to be tardy to have such severe and ignominious Punishment as may make them so abominable to Mankind as to account it a favour to die rather than to live At present any poor Man that can but scrape together as much as will bind his Son Apprentice to an Attorney is very ambitious to effect it So his Son being placed with an Attorney knowing his low Extraction becomes very diligent and expert and most sharp in the ways of his Master and getting a Reputation becomes when his Time is out ambitious above measure and cares not what he doth so he can be but Great As for Example Many passages were very observable in one lately in joynt Commistion for the Custody of the Great Seal who came up to London a poor Boy in a Leathern Doublet and Breeches who thought himself highly preferred when he could earn Eight-pence in a Day by writing Hackney at a Penny per Sheet though there were other two in Commission yet he would talk ten times more than both the other two that had bin better born and bread As for mine own part I have so much and so long suffered by their evil practices and thereby am made so very sensible of the intollerable pain and trouble thereof that if it shall so please the King and Parliament I doe hereby offer my self solemnly to covenant with them That in case the Nation may be redressed and fully freed from their usurped Power most impudent and diabolical Practices I say I will freely lay down my Neck for mine Head to be sever'd from my Shoulders if nothing else will enduce them to retrieve this Land However I think it not amiss to put them in mind that though the Lawyers may by their Arrogance and Innuendo's call themselves the Government and consequently I ought to die for making such complaints of them for they are not to be silenced as I doe remember Mr. Brunskell told me that one of them being a Judge sitting in Council told King Charles the Second when by undeniable argument he had put them to a nonplus before him May it please your Majesty said he We are your Majesty's Judges of the Law and therefore desire not to be put to give an Answer to him being but a private Man Which is a fine way of arguing and I doe believe there is but as little Mercy in a Lawyer as in an Executioner if not less because for the sake of a Fee he thinks himself obliged to doe all the wrong he can to his Client's Adversary and I doubt not but the Lawyers by their Innuendo's will be as violent against me as the Ephesians were against those that spake against their Diana But let them remember and know that their Rage can run no farther than God in his wise Providence will permit whose Justice will undoubtedly over-take them and their Atheism cannot save them As yet they keep the People in such Awe from complaining against them that they tell them 't will be Dooms-day in the Afternoon to complain of a Lawyer Now though I am not a Great Man and hope never shall be my Prayers being for neither Poverty nor Riches but only for Food convenient for me yet mine heart wishes GREATLY for my Country's welfare both in this World and that which is to come when this must have an end I doe believe 't would be no mis-spent time for the Nobility and Gentry of the Land to whom the Goverment is by the King intrusted to consider how that every one of them in particular is but a Man and but a Man that is mortal and how that after every Man 's particular Death comes his particular Judgment and that how great soever his Place Profession or Possession be in this World when the breath is out of his body all these things cannot signifie this to him and nothing but his just Actions can avail him any thing and that even the pomps and vanities so much desir'd and sought after in this World are but troublesome and doe perish and pass away with the little time they seem only to enjoy them and the time of the longest liver will not amount to one minute of Eternity whither all must go and are going without any stopping not so much as 1 th 1000 part of one minute As for mine own part I covet nothing more than with an accompitency of food and raiment honestly to pass in peace and quietness off this stage though such is my misery the more I seek the less I find them and therefore I must seek one thing more and that is PATIENCE which I pray God to grant me and then nothing can hurt me for indeed 't is the want of that together with the unruly passions of my frail corrupt human Nature that make my Grievances though unparallell'd to be Grievances intollerable to me And therefore as God hath commanded us to preserve every man his own life and the life of his Neighbour I have made this mine Appeal that so by longer continuance in silence I may not be a Murtherer And now God's Will be done I pray God direct both King and Parliament to redress this Land from Bribery Injustice and Extortion so excessively practiced and administred by the means of the Lawyers and Attorneys who are grown so very supernumerous in the House of Commons that the doors are kept shut against all Appeals that complain of their evil practices the grand Cause almost of all weighty Grievances whatsoever For if by Law a Man may not be righted what must he doe And if by Law he were righted or could be righted what occasion could there be of complaint I do think and humbly suppose it may be very well worth the while for the King and Parliament to take into their Consideration that Attorney's Oath though I never have seen it I must confess which Mr. P. Brunskell told me of and every Attorney is obliged to take before he can practice and is it seems of
is as follows 10th of June 1696. REceived then of Mr. Benjamin Albyn the four Bonds under-named viz. One Bond wherein Mr. Peele and Mr. Dixton stand bound to him the said Mr. Albyn in 50 l. for the payment of 25 l. One other Bond wherein the same Parties stand bound to him in the same Summ of 50 l. for payment of 25 l. One other Bond wherein Madam Gloxin and Others stand bound to him in 80 l. for payment of 41 l. 4 s. And also a Covenant from Capt. Cuttance to pay 20 l. Witness my Hand the Day and Year above-named Warner Dawes So I went my way thinking to had bin quiet but contrary to all Reason and Justice being an Attorney that can manage the Law to all his intents and purposes finds out a way in few days after to trouble my Bail and as I was told by them takes Execution out against them for the same Debt that I thought I had in some measure satisfied and since the 10th of June 1696 hath run up the debt which was then but 85 pounds with charges now on the 23d of March 1696 unto 160 l. and 40 l. more for Charges besides 20 in 30 l. more my Bail have spent of my money for their defence and now the said Dawes pretends to lay a Sequestration on some Lands and Houses I have a Right unto and keeps my Bonds before mentioned from me Now being in mine apprehension thus unjustly dealt with and used by the Attorneys I would gladly be informed whether it be reasonable and according to our Law for Attorneys to munkeyfie metamorphize and abuse Men after such a rate and if they shall be encouraged and suffered to go on in these their practices who shall live free from the plague of their devices Another experiment I have had of Lawyers and Gentlemen of the Long Robe and Quill is That having fee'd two of them with five Guineys to each for to plead my Cause the next day in the morning which being then called according to appointment and expectation and the one of them being then in waiting and expectation of a Cause to be called at the Exchequer Barr when my Cause was called and although I went and called him my self yet not being able to come back in time my Cause was put off to another day so according to their unconscionable practice and expectation I was forc'd to give them both their refreshing Fees and then upon hearing my Cause it appearing very fair for me 't was again put off for the Accommodation of mine Adversaries not being in all points ready for some days longer so was forc'd to Fee them again and by that time my Cause came on again to be heard mine Adversary did gain such an interest in my Counsel that the Elder of them laboured industriously to betray and deliver me up to mine Adversary had not the Minutes of his first Pleadings bin taken and then considered and to the Younger of them I gave at the Evening before two Guineys to make up his Fee fifteen Guineys he told me I was very slender in my Fees and I think did not speak one word more for me I confess if I had found or could at any time find my Moneys in the streets I might then had afforded to fill his Pocket with Guineys But in regard it is not so and what Fees I gave them were none other but out of such Moneys that as a Merchant by the sweat of my brows I did difficultly gain with much labour toil and hazard both of my Person and mine Estate and the Law hath appointed a Counsels Fee to be but Ten shillings Is it not great Impudence in a Lawyer to pretend himself not duely paid when according to the sett Rate in the Law he is Fee'd not only with Ten shillings but more than Ten times over so much Nay I have heard of one that being offered sixty Guineys for a Fee did refuse and say he would not take 90 and under 100 Guineys he would not appear Is it not a stupendious thing and a burning shame And if duely considered what must the end of these things be when a Lawyer that knows the Law shall contrary to Law exact extravigant Fees to falsifie all Causes they are not for but retained against How is it possible that Truth and Justice should abound whilst such vast Numbers are permitted and imployed to confound the Rights of the People I have bin told that according to the strict Rules of the Law less than Five pounds will pay all Expences for a Law Suit as for Counsel and Attorneys Fees for Writings and Briefs with all other Charges whatsoever of a Law Suit cannot cost above Five pounds and now 't is not Five hundred or Five thousand pounds can end some Law-Suits and doubtless 't is not Money that before God can make a Cause better or worse or that which is right to be wrong or that which is false to be true or that true which is false and whilst the People are thus oppressed by the Lawyers covetous and undue practices how is it possible for Peace and Happiness Truth and Justice Religion and Piety to be established amongst us according to the Prayers of our Church which must not and when it considers dares not seem to mock God in its Prayers But that I with most humble submission leave to the Consideration of the great Wisdom of the King and his great Council the Parliament whose business 't is for doubtless a Reformation is not only a great Duty but would be a great Blessing to this Nation In Turky in any Case if a Man go to the Muftee who though is the Head or Chief of their Church yet he is commonly so learned and well read in the Turkish Laws that when he gives his Fetfa that is a short Declaration in Writing under his Hand what is Law in the Case you go to him about 't is so true firm and sure that the Caddee or Judge cannot go against it when he gives his Judgment on the Case And if we had Lawyers that would study the Laws of this Land so as to be able to doe the like I doe think they would be highly worthy of great Honour and Esteem and great Rewards both from the King and People for then every Man might upon good ground plead his own Cause if he be in the right or if in the wrong then might desist and of himself fairly and honestly adjust and agree with his Adversary And this I do humbly conceive would be a very good means to prevent and save people from those long tedious expensive and vexatious Law-Suits that waste Estates and make Envy and Malice so much to abound in this Nation and on the contrary will cause Unity Peace and Concord to be much more esteemed and practiced amongst us FINIS