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A54684 The antiquity, legality, right, use, and ancient usage of fines paid in chancery upon the suing out, or obtaining some sorts of original writs retornable into the Court of Common-Pleas at Westminster / by Fabian Phillips ... Philipps, Fabian, 1601-1690. 1663 (1663) Wing P2005A; ESTC R31118 24,218 54

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with all but the multiplyed Deceits and Knaveries of their own Trades which with the adulterating and enhauncing of all Manufactures and Commodities have not onely lost and spoiled our Trade in forreign parts but do by the connivence of their Companies or Mysteries and for want of a due execution of Laws and Regulations of Falshoods yearly cozen and cheat the people at home as much as amounts to some Millions of Sterling-money or a great deal more then doubles our Taxes and not understanding the right reason just ends and intentions of our Laws nor distinguishing betwixt the right use and abuse of Laws of the which onely the Cozening part of the people are guilty neither contented to have gained so much as they had done by the Law and its residence at London could not be satisfied unless they could pull it all in pieces and make a Merchandize of it and believed a Citizen in a Committee by the study and help of ● Diurnals being the Tinder to the greatest of all Rebellions to be as grand a States-man as the late Lord Burleigh or as if he had been bound Apprentice to Solomon and served out his time in the compiling of his Proverbs and their multiplying costly Orders at 6 s. and 8 d. or ten shillings a piece for a few lines to be as great a blessing and refreshing to the people as the land of Promise was to those that had endured a forty years tedious journey thorow the wilderness and when as too many of themselves were and are by their tricks of Trade the grand superlative grievances of the Kingdome could at the same time raise their false and groundless clamours and scandals against the King the Church and the Laws because he would not quit his Regalities and suffer a rebellious and prevailing part of the people to enslave the residue and our Religion and Laws did forbid it In the midst of which Frenzies whilst the Trades-men did drive on the soldiers many of whom had been their Run-a-gate or Cast-off Apprentices and the soldiers were driven on and encouraged by some Lecturers men of extempore Non-sense rather then Divinity and the Devil leading them with his new lights and false expositions of Scripture and a gaining ungodly part of the people were busie in plundering and oppressing the loyal honest small and remaining part of them and used our excellent Laws and Customes as the Bactrians are said to do by their Parents when they are sick or aged and set their Canes Sepulchrales dogs kept on purpose to tear and devour them it would have been a wonder how any of the most refined Right Reason or Constitutions of our Laws could rest in quiet when the Graves of some of our British and Saxon Kings were in a most unchristian and barbarous manner opened and disturbed and their dust and bones cast into the Air and High-ways and the Book of God it self suffered a kinde of Martyrdome in their suspecting the Original and covering the sense and meaning thereof with ridiculous Notions and ignorant Interpretations Or that a very innocent and legal part of the Kings Revenue so well employed in the support and administration of Justice should escape a disturbance and therefore the Fines which were usually through many past Centuries and Ages paid in Chancery upon all Original Writs in personal Actions wherein the debt or damages demanded exceeded forty pounds must have its share in the suffering under those grand and continued persecutions of Truth Loyaly and Right Reason and be forbidden by an Act of a Factious part of the people supposing themselves to be the Commons of England assembled in Parliament and sacrificed but to the pretended Liberties of the people to the intent to leave them as little as they could of their Liberties in greater matters which being with other of our good Laws Customs worried and cryed down by the causless out-cries and clamors of those that better understood their own evil purposes designes in it then the Original institution benefit and right use of them could not rise again or be revived until that happy restauration of our King Religion Laws and Liberties nor then neither without the Cicatrices and skars of the wounds under which they formerly languished and as the imagination being once hurt is seldome ever after free from those melancholicque impressions which it once harboured so did those of a necessity of reforming our Laws or of supposed evils or grievances in them beget an ill opinion in the minds of the people where yet it sticks so much as some well-meaning and good men are not so willing as they should be to abandon the causless suspitions and prejudices which they had entertained of them and those illusions and inconsiderately-received impressions have as yet kept up in too many the humour of endeavouring to overthrow those and many other of our good Laws Constitutions which if Understanding or Knowledge may be the Judges or Touch-stone of them will appear to deserve a better usage The more then ordinary misapprehension whereof by those that build upon no better a foundation then the ignorance of its Legal Original and Right Use hath summoned my Duty to our Soveraign and his Laws to hinder what I may the unjust Censures and ill-advisedness of some people who are as ready to cast away their own good as those who to avoid a little cold which their delicacy and a surfeit upon peace and plenty cannot perswade them to endure can think it to be no small part of prudence to tear up and burn the planks of the Ship wherein they are sailing at Sea and far from the Shore and run the inevitable hazard of perishing by the fury of a cooler Element and that I might satisfie such as mislike the payment of Fines in Chancery upon some Original Writs and that it hath for many Ages past been a most Legal and useful part of the Crown-Revenue without any the least of grievance to the people or our so often reiterated Magna Charta or any other our Laws or Liberties and shew them that the usefulness and Legality of it is not taken away or diminished because a part of it is paid or goeth to the support of the Lord Chancellour or Lord Keeper of the great Seal of England for the time being in that great and as eminent as careful place of Administration of Justice in granting Writs Remedial or abating by moderation and equity the rigour and justice of the Laws many times too unconscionably made use of or put in execution by the people one upon the other who are to be enforced and kept from being over-severe or taking unjust advantages one upon another which hath taught the most of Nations to look upon that high and superlative Officer of State as greatly necessary and to give him allowances becoming so great and honourable a charge and employment insomuch as the very thrifty and prudent Commonwealth of Venice well understanding