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A26628 An appeal to God and the King together with a true narrative of unparallell'd grievances &c. wherein may be seen as a mirrour ... the surpassing miseries of the English nation above other nations for having the best and most wholesome laws in the whole world, yet being so excessively corrupted by covetousness of money in the law-practicers as now they are ... and unless some expedient be found out for a just and due administration of justice without fee or bride, 'tis impossible for this nation to be happy, but must remain the most miserable nation in the whole world / most humbly presented by Benjamin Albyn. Albyn, Benjamin. 1697 (1697) Wing A884; ESTC R30565 91,672 50

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amounted to far more than what could thereby be recovered although I think I never retained more Counsel or fee'd them with more or greater Fees than what my Sollicitor told me was necessary and have sometimes had the Attorneys Bills taxed according to Law as was pretended yet some after the taxing have told me that by the strict Rules of the Law one tenth part of what charged therein could not be due unto them and for what really laid out I generally deposited in their hands for the Practicers in the Law are generally so wise as not to trust their Clients nor to go to Law one with the other I do not remember that in near sixteen years time that I have bin harrassed and tormented at Law that I did ever see or hear of two Lawyers dispute their own Right at the Law neither is there any reason to expect to hear of such a thing for doubtless the Laws are plain and a Cause truely stated must needs appear by the Law at the very first time as well as at the thousandth time to be either in the right or in the wrong but the great-Virtue of a good and able Lawyer is to make a bad Cause good and a good Cause bad But is it not a marvellous thing to see how in other Countries without Lawyers people can live and enjoy their own peaceably and quietly without imbroils And here in England if a Man have any thing that then he must either undoe others or be undone himself by the Law And that the Laws designed for the good and welfare of the People should be so managed as to become their utter ruine and destruction Now whereas in the time of the Heathen Roman Empire St. Paul had so much Justice Favour and Reason used towards him as to be allowed the liberty of Speaking without hindrance so as to be heard in whatsoever he could say in making his own Defence for himself And now here in England the Lawyers have a method of understanding one another for favouring a Cause on the one side and baffling it on the other side by saying This is not to the Point and That is not to the Point and also by calling it the Practice of the Court to Fine a Man for setting forth the whole truth although it be never so much to the purpose of clearing the Case on both sides which cannot rightly be understood without And whereas a Bill in Chancery preferred by one Man against another is no less than one man's Accusation of another who being to answer upon Oath is therein to make his Defence I do most humbly pray that all such unreasonable and lawless Practices being without Statutes may be forborn And that in this my Case mine Answer filed in the Lord Mayor's Court the 23d of July 1696 may stand without a Fine and upon hearing of the Cause all parts thereof may be heard justly and duely weighed and considered And that Sir Richard Blackam and Mr. John Freeman may fully and truely answer upon their corporal Oaths every Word or at least each Paragraph in my Cross-bill preferred against them without Evasion or Equivocation by the help of Lawyers that so the truth of all matters depending betwixt me and them may be made manifest and the Right and Truth being fully understood Justice may be done accordingly For though by the Law I had undeniably a good Action for great Damages yet by the force of Mr. Moyer's Money the Law could not prevail So it seems the Law is so much to be managed and byassed by Money that it can by no means Right any Man that hath it not or at most but in proportion to the quantity he hath to bestow For I do remember the first time my Counsel moved the Lords Commissioners of the Great Seal for a Supersedeas to set aside Mr. Moyer's Statute of Bankrupt most unjustly and unduely taken out against me Mr. Moyer's Counsel did alledge that Mr. Moyer was worth the best part of One hundred thousand pounds so they ordered the Statute to go on notwithstanding all the Allegations and the undeniable Arguments my Counsel could use whereupon my Counsel said at their peril let them go on upon which Caution I think they went on no farther although they would not grant a Supersedeas but continued the Statute many months after and by their means Mr. Moyer did most wrongfully continue the Statute upon me near twelve months Doubtless God Almighty in his Law hath directed other things contrary and in no case allows partiality and hath given every Man his own tongue to speak for himself though now the Lawyers here in England have brought the People to that pass that they by no means must be allowed to speak for themselves or can hardly say their Souls are their own nay I know some of them will not allow that any Man but a Lawyer can speak Reason or Sense unless he be very rich and then he is wise and every thing else So now since nothing can resist the forceable Power of Money but the Personal Authority and Word of the King 's most Excellent Majesty God's Vicegerent I have therefore thought it highly necessary and the only expedient left me to throw my self Life and mine All at His Majesty's Feet whose Just Power and Prerogative alone can and I doubt not but will do me Justice And therefore as I have presumed so far to assume the Right of a Loyal Subject herein to represent the Truth of mine Unparallell'd Grievances by no means to be Redressed by Law or by Parliaments though endeavoured for sundry years last past I do adventure to mention one Grievance more because I do look upon it encouraged and caused merely by the want of Redress in my former Grievances for as yet not being gotten out of the Grave of Infamy dug so deep by Sir Richard Blackam that cannot yet find its bottom One William Mann Esq the City of London's Sword-bearer doth think fit to keep that form me which God in his Providence by the Rules of the Law hath made to be mine for he knowing and finding that by the Law I can have no Right done for me without an expence of as much or perhaps double the value of the thing I should any time offer to Sue for refuseth to do only the common part of an honest Man which is only to deliver up unto me the Writings of a small Estate that he himself told me I was Heir unto by Law upon the Death of my Sister his fifth Wife who did also leave me a Legacy of 200 l. to be paid me within two years after her decease but he will part with neither because for peace and quietness sake and to avoid a Law-suit and to lay a foundation for Friendship with him if possibly I could I say for the said Considerations I did upon his importunity rather than have words of difference with him come to an agreement with him for the whole and
I would be baffled no longer so with much adoe Brother Mann did put in a Plea setting forth that part of my Bargain as was for his turn but left the other part out which being upon Oath seems to me a very strange liberty for him to take But Lawyers for Money can enable Clients to doe their pleasure Thereupon I did get leave to amend the Bill and with much adoe did get his Answer denying the matter of fact So thinking that an Oath ought to deside all Controversie betwixt Man and Man I to avoid farther trouble and charge offered to make an end with him according as he had sworn but he refused Now my learned and friendly Lawyer being somewhat disgruntled at these my Proceedings appoints the great Attorney E. to send his Bill of Charges to be paid by me which amounted in Money to 4 l. 10 s. 6 d. So after I had received it I went to him and asked him what he had done Why truly he had not served Ejectments and untill his Bill was paid he would doe nothing so I told him If he would serve Ejectments and get me into Possession I would pay his Bill but I was very unwilling to pay Money for nothing and as I had never seen him before and had never imployed him so I had nothing to doe with him and doubtless he that had imployed him must pay him and there was no reason for me to pay Money twice for one thing for I was accountable to my friend who knew best how to reckon with him So he told me if I would not pay him he would make me pay him Behold an Attorney that contrary to all Right Reason and Sense can by his management of Law make a Man pay his demands that never imployed him although he had not effected any thing for him In March last I went down to Bristow my self to get Ejectments served so went to the great E. his House to desire him to doe it and then I would pay his Bill but being very stately and full of business as he pretended delayed me for about a week and did nothing and told me he would doe nothing unless I would give under mine Hand and Seal to pay him what Moneys he pleased and afterwards sent me his Billby one of his Men amounting to 4 l. 10 s. 6 d. as follows Viz.   Mich. 1695. l. s. d Albyn adv Mann 2 Subpoena's serving partage 0 11 0   Affidavit Jur ' partage of serving Mr Doleman 0 04 6   Ingr Bill Duty 0 11 0   File Rule 0 04 0   Soll. 0 06 8   Hill 1695.         Six Clerks Fee 0 03 4   Affidav of serving Mann 2 s. 6 d. 0 09 6   Fil. Cop ' both Affidavits 7 s.         Atc ' adv Mann 0 03 10   Cop ' Resp ' Dollman 11 0 08 4   Rule adv Mann to Answer Duty 0 01 2   Soll. 0 06 8   Easter-Term 99.         Six Clerks Fee 0 03 4   Cop ' Plaint Resp ' fo 14. 0 10 6   Soll. 0 06 8     4 10 6 J. F. for Mr. T. E. And then I enquired for another Attorney so being directed to one Mr. Richard Knight a Quaker much commended for his Honesty I went to him and asked if he would serve Ejectments he told me yes Then taking the Names of the Persons and Places he ordered his Clerk immediately to draw out Copies to be served in and about the City of Bristow but what was in the Country some Miles off he desired time for as he found most convenient So leaving him I went my way but bethinking my self and not knowing what the Charge might be I went back immediately to ask how much 't would amount unto but when I came back Mr. Knight was gone out but meeting with his Clerk who told me he had served his Master about four years and in that time had served many hundred Ejectments I asked him how much the Charge would be because I told him if 't were much it must be paid in London for I had brought but little Money more than to bear my Charges out and home so he told me the Charges would not be much Ten shillings would be the uttermost penny Then said I If that be all I shall pay you that So at night he brought me Copy of the Ejectments with his Affidavit of Service annexed and affixed to it so without making words I paid him Ten shillings for his Master and gave him a shilling more for himself As soon as he had received his Money he shews me a Note which he said his Master had drawn out amounting to 19 s. 2 d. Then said I How comes this did not you tell me Ten shillings would be the utmost penny for all Charges Yes said he but I was mistaken my Master hath made another Account and I must have the rest of the Money Then said I Let me speak with your Master where is he and I le go to him and know the reason why your Agreement with me should not stand good and if there be any mistake I do not desire to take any advantage of it But he told me his Master was gone out of Town and he knew not when he would come again and he was accountable to his Master for so much Money Then I said I shall part with no more Money till I speak with your Master I have paid you to the full of mine Agreement and have given you a Shilling over I have nothing more to doe with you my business is with your Master and untill I speak with him I doe not know but the Note may be a trick of yours but however I will stay although it be these five days to speak with your Master So he went his way and next morning came to me again and told me If I would not pay the rest of the Bill he would enter an Action against me I told him I should pay no more Money till I had seen his Master So as he said he went and entred an Action against me for 39 s. though his demand was but for 8 s. and bringing an Officer with him takes me out of my Lodging at Gilders-Inn where I lay and I being but a meer Stranger in Bristow made my Case known to an ancient Citizen and Shop-keeper in Broadstreet who never having heard of the like trick immediately offer'd himself to be my Bail and went with me to the Tolesey and meeting one of his acquaintance desired him to joyn with him because the Law requires two for Bail but when came to the Tolesey the Officers there refused to take Bail So then the Officer carried me to another place where I was told If I would not pay down all the Money and the Charges of the Action and the Officers Fees I must be put in Prison without any farther delay and though I