Selected quad for the lemma: peace_n
Text snippets containing the quad
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Corrected Date of Publication (TCP Date of Publication) |
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A34007
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The cause of England's misery, or, A brief account of the corrupt practice of the law humbly offer'd to the consideration of the Lords spiritual and temporal, and Commons in Parliament assembled.
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Collins, Richard.
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1698
(1698)
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Wing C5384; ESTC R37652
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9,714
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15
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had a Bill of 10 l. of mine in his Hands and that he charg'd me 20 s. for viewing some Writings in my Hands when I never employ'd him he having been employ'd by another Person who gave him 20 s. for his Pains nay he had the Confidence to tell his Lordship that he examin'd two Cart-loads of Papers by my Order when as all of them were in a small Deale-Box The Judge was very attentive to him but would not hear me tho I offer'd to swear it as I have since done before another Judge and so sign'd and order'd the 25 l. Bill to be tax'd and that I should pay in to one of the Prothonitors of the Kings Bench 25 l. in Money which I though to be a great Hardship put upon me when I was not in his Debt whereupon I waited upon the Judge again and took a Friend along with me who endeavour'd to Convince his Lordship but all to no purpose tho I offer'd to deposite the Money in a third Persons Hand yet he would not recin'd from what he had done but 25 l. I must pay in upon which my Friend went to my Attorney and asked him why he was not willing to have either of his former Bills tax'd He deny'd that ever he gave me any Bills before when as I have his Bills and Letters by me to prove it but he shew'd my Friend the Bill sign'd by the Judge and said if I would not have that tax'd he would Arrest me before Night This was about a Month since but he has not done it yet so the Matter 's still depending 6. A Relation of mine sued a certain Person for 50 l. he was indebted to him in prosecuting of which Suit he spent above 200 l. before he could recover his Debt and in this Cause between Plantiff and Defendant there was spent above 500 l. 7. A certain Person came to a Shop-keeper a Man of known Reputation and desir'd him to give him Silver for a Broad piece of Gold according to his Request he gave him the Money but this Person by a Trick of Ledgerdemain gave him a Broad Guilt Shilling instead of a piece of Gold The same Day it was done he found he was cheated and so made Search after the Person that did it who finding himself discover'd and that he was like to fall into Trouble was too quick for the Shop-keeper for he takes out a Warrant against him and had him before a Justice of the Peace for Scandalizing of him upon which the Shop-keeper and his Wife acquainted the Justice of the Peace with the whole Circumstance of the Matter and offer'd to swear it yet the Justice of the Peace would not admit him to his Oath but bound him over to the next Session of the Peace for Scandalizing the worthy Gentleman but afterwards not without great Trouble he took him up with a Bench Warrant and the Matter was tried at Hicks's Hall where that and other Crimes of the like nature were fully prov'd upon him tho he produced near 20 Witnesses such as they were for which he was by the Court Fin'd 40 l. but it was reduced to 20 l. which he immediately paid and went off and the honest Shop-Keeper in prosecuting this Matter was at above 12l Charge and like to have no Satisfaction for if he could meet with this Wicked Person he says he dares not Sue him seeing there is so great Corruption in the Practice of the Law 8. A Gentleman was unjustly Sued for 100l yet in Defending himself in that Suit he spent above 120. tho he did not pay the Debt he had paid the better part of the Money to his Attorney who Arrested him before he gave him a Bill after which the Attorney gave him a Bill and he Objecting against some things in it in a little time his Attorney gave him another and made his Account above 10l more and then Laught at him upon which he was advised by some Friends to get the Bill Taxt but others telling him how 〈◊〉 things were advised him rather to pay the Attorney then Involve himself in farther trouble which he accordingly did 9. In the Year 1692 a French Ship and Cargo called the St Nicholas of Haverdegrace of the value of near 3000l in the open Seas was Seized by Three English Sailors on Board who had been Captivated into France and Carried into Tenby Dependant upon the Port of Milford upon which Walter Midleton Collector of the said Port c. Unladed the Vessel by Night and Embezeled the Cargo and withall Committed the Three English Sailors to the Common Goal at the same time Dismissing the French who had been brought in as Prisoners Information thereof being given to the Admiralty-Court Commissions of Enquiry were thence Issued and upon Examination the Embezelments fully prov'd and Sentence passed on behalf of the King whereupon the Offenders moved for and obtained a Prohibition out of the Exchequer to stop all further Proceedings which is continued to this day so the Spoil seems to have been divided among them The poor Sailors were continued many Months in Prison and did not obtain their Liberty without great difficulty since which one of them has been Kill'd in the Publick Service another of them taken by the French and carried to St. Maloes where he was as 't is said Murthered and one Walter Jenkins whom the Sailors Employ'd in Prosecuting this Matter as did likewise the Lords of the Admiralty on behalf of the King who has been at Two or Three Hundred Pounds Charge in the Prosecution appears to have been as ill treated as the poor Saylors although their Lordships often gave him assurance That if he prov'd the Facts he should not only be satisfied for his Trouble and Expence but very well rewarded and tho he executed several Commissions and hath attended this Matter for above Five Years having been drill'd on and fed with vain Hopes from time to time to the utter Ruin of him and his Family and expended a considerable Sum of Money yet has not been able to obtain any Satisfaction otherwise than that about Three Months since the Lords of the Admiralty sent for him and told him at a full Board If he would not concern himself any more in this Matter but retire into his own Country they would order him 10 l. which he was constrain'd thro his great Necessity to take An Attorney gave in a Bill of 13 l. to a Friend of mine that summon'd him before a Judge who reduc'd the Bill to 29 s. 11. Another Bill of 40 l. was given by an Attorney which the Judge reduc'd to 7 l. and withal told my Friend that if he pleased he would lay the Attorney by the Heels 12. Another Bill of 60 l. was given in by an Attorney who was summon'd before a Judge that reduc'd the said Bill to 14 l. These three Cases which I have last Recited may seem to be great Acts of Justice yet with Submission in my
Apprehension they are not so but particular Acts of Favour and Kindness in regard the Judges who are sworn to do Impartial Justice did not punish the Attorneys by disabling them to practice for the future for having made so great and notorious a Breach of the Oath they took when they were admitted to practice as Attorneys they at the same time being Invested with a Power which enabled them so to have done So that all this amounts to no more than as if I should take up a Person who had cheated me and have him before a Justice of the Peace who should oblige him to restore to me what he wrong'd me of and afterwards dismiss him and give him leave to cheat any Body else whom he pleas'd For so it is that when Men are not punish'd for their Offences it does but encourage them and others to Commit the like Crimes for the future and to be more wicked than they were before which plainly demonstrates any Nation having good Laws that are not kept serve only to make the People so much the more miserable And whoever does but consider how Councellors and Attorneys at Law are oblig'd by their Oaths not knowingly to engage in any Evil Cause or to encrease Fees and views but the Practice of them every Term can hardly conclude otherways than that they are for the most part dreadfully Perjured which they seem to be hardened in for it s well known they generally make but a Jest of it And those few Instances that have here been given of their Evil Practices cannot be judg'd to be the hundred thousandth Part of the Misery the People of this Nation undergo by reason of the Corruption of the Law and without all Controversie a Multitude of Families are every Year Ruined thereby for many Thousands of Persons may reasonably be suppos'd to be engaged in Suits at Law that understand nothing of the Law but refer all to their Attorneys and if they find they are ill treated by them and a Dispute happens to arise between them they are not able to contend with them but for the most part lie at their Mercy to do by them even as they please yet if any are so hardy as to contend with their Attorneys so as to have their Bills Tax'd generally speaking they can have little Reason to expect Relief Experience tells me and other Men so upon the Account they who are Judges of the Matter are Brethren of the same Quill from whom a Man has no where to Appeal insomuch that many Honest Men are now afraid to Sue for their Just Rights for fear of wasting their Estates by being involv'd in Chargeable and Long Suits and it 's even my own Case at this time So that what by the Evil Practice of the Law and the Corruptions that have crept into the Government during the late War occasion'd by Reason of His Majesty's frequent and long Absence the People in general are brought into great distress Trade being reduced to a very low Ebb and Handicrafts-Men and Artificers who formerly us'd to Live Plentifully and well are now brought so low that if some speedy care be not taken to revive Trade Thousands of Families in this Nation will be in great danger of being Starv'd Whatever English Man has been abroad in Foreign Countries as I have been and seen with what little Expence and how soon Law Suits are there brought to a period cannot without Regret behold the present miserable Condition of his Native Countrey the more in regard it so visibly appears to have been brought upon us by the wickedness of some Persons among our selves With my own Eyes have I seen honest worthy Persons who detected and prov'd Notorious Crimes publickly Ruined and suffered to perish through Grief and Want Yet notwithstanding all these Evils it must be acknowledg'd we have the best Prince and the best Laws of any Nation in Europe So that now upon this Happy Peace we have no Reason to question His Majesty's Goodness to his People and it 's the just Apprehension of His Majesty's Goodness and Justice that makes me look back with Comfort upon the Happy and Glorious Reign of Queen Elizabeth in her time no Man durst Embezel or Mis-spend the Publick Treasure and if any of her Judges should have been heard publickly to declare the Perquisites of his Place was worth 3000 l. per Annum She would soon have Caged him and found a Person more worthy to fill the place Edmond Bohun Esq who Writ the Life of this most excellent Princess in Page 60. says She well considered whatever was recommended to her as useful to any part of her State carefully viewing the Conveniencies and the Ill Conveniencies thereof and what was at last found Vseful or Profitable to the Body of her People was Setled by Authority It was a Maxim with her That Equitable Laws and Equal Justice are the Two Sure and Lasting Foundations of a State Page 64. She dealt very severely with all those that were found guilty of Frauds or Cheats in the Publick Revenue which sort of People She us'd to call Harpies She discouraged as much as was possible all the Tricks and Corruptions in the Courts of Justice Page 296. She Increased the Wages of her Judges that she might deliver them at once from the Temptation and Suspicion of Bribery She Passed an Excellent and most Equitable Law for the more speedy Determining the Cases depending in her Courts She Admonished her Judges That they should consider the Judgment or Jurisdiction they exercised was God's and advis'd them diligently to Study the Law in relation to the Profit of the State and not shew the sharpness of their Wits by a Falacious Interpretation of a doubtful Law to the Injury of the People but that without Partiality they should administer Equal Justice to all and severely punish those they found Guilty Page 316. It was ihe rare Felicity of her Times that Men were Advanced to Honours without their seeking it and sometimes against their Wills being promoted for their Vertues not Fortunes She would often tell those She Entrusted That they might rest assured she would reward their Integrity Industry and Equity and if she found them Guilty of any Injustice and Oppression She would as certainly Punish them for it She would never entertain into her Service any Ignorant Covetous Dishonest or Licentious Person She was an exact Observer of Justice which is the most Resplendent of all the Moral Vertues and of Veracity and Constancy to her Word which is the Foundation of Justice She was extreamly severe against all that broke her Laws and punished sometime small Offences with great Severity Page 322. In all Private Suits She was observ'd to be a Religious Observer of Justice and Equity and to keep the Balance even between the Greatest and the Meanest of her Subjects She preserv'd the Poorest from Wrongs and made it her care that every Man might enjoy his Own