THE CAUSE OF England's Misery: Or, A Brief ACCOUNT OF THE Corrupt Practice of the LAW.  
HUMBLY Offered to the Consideration of the Lords Spiritual and Temporal, and Commons in Parliament Assembled.  
London, Printed in the Year 1698.   

England's Misery: Or, a Brief ACCOUNT OF THE Corrupt Practice of the Law, etc.  
GReat Complaints have been publicly made, setting forth the wicked Practices of the Professors of the Law, and those who have dependence upon the same, by which I conceive, has been plainly made appear the great Calamity of the People, and how Thousands of Families have consequently been ruined thereby. Yet notwithstanding the Interest of those professing the Law, hath been hitherto so great, no Care has been taken to redress the same. But finding that few particular Instances in Relation to Fact (which always makes a greater Impression upon the Minds of Men than a general Notion of things) have been given of Matters of this Nature; therefore I conceive myself obliged by the Duty I owe to my Native Country, as well as in order to my own Preservation, to give a brief Account of the evil Usage myself and some Friends have met withal from Persons Professing the Law: By which, (if we Judge by the Rule of Proportion) the Misery of the People in General will manifestly appear. And that according to the present practice of the Law, no Man is safe, but liable to be Eaten up and Devoured.  
There's none concerned in Merchandise, Trade, etc. But must unavoidably have Disputes, some of which will consequently beget Law-Suits, which often times are seen to prove (as things are now managed) to be the Ruin both of the plaintiff and Defendant, and many Suits appear to be kept on Foot only to promote the Interest of Attorneys, etc. all which Evils come to pass principally through the Remissness, or rather, gross Corruption of the Judges, who are entrusted with the Executive part of the Law, and want not Power to check and put a stop to all these Evil Practices; which spin out as it were the very Bowels of the People. So that we who have been for many Ages past, the happiest People in the World; and even the envy of other Nations, are now become the Miserablest People in the Universe, only for want of our Laws being duly Executed; yet lest it should be said I Caluminate Persons, and am not able to prove Matter of Fact, I shall give a short Relation of several Matters, not long since Transacted (some of them very lately) which I conceive will fully Demonstrate what I say, viz.  
1 There was a certain Person came to my House, to Lodge and Diet, pretending to be a Lady, (was Recommended to me as such) and in some time, she became Indebted to me, by Moneys Lent, etc. about 30l. for which she gave me Bond; then I discovered her to be a Cheat, upon which she fled from my House, and it was some Years before I found her out; then I Arrested her, which begot a Law Suit, that cost me near 40ls. yet I am kept out of my Money to this day; and though it was then publicly known, this Woman was a profligate Wretch, who had escaped out of New Gate, and had several pretended Husbands (some of which had been Executed at Tyburn, as Felons) yet in this very Suit, was admitted as a Pauper at one and the same time, both in the Kings-Bench and Chancery, (though my Debt as hath been said was upon Bond,) she produced about 18 Witnesses, not one of them appearing to be of any Reputation: Nay, my own Attorney who knew what Wicked People I had to deal withal, and to whom I gave strict orders to be careful of my Business, suffered me to be Nonsuited to my Cost, 6l. 6s.  
2. This pretended Lady, and her Gang, was not satisfied in Engaging me in Two Suits of Law, for they and some Lawyers did prompt and excite, a Young Man to Sue me, (whom I had brought up from a Child, and put forth an Apprentice at my own proper Cost and Charge,) though he had no Just Ground so to do, being prompt thereunto by this Gang, and some Lawyers, (as he has since with sorrow confessed to me) upon which I had him before a Judge, but could have no relief; but in a little time, the Young Man was sensible of his folly, and of his own accord, came to me and begged Pardon for what he had done; so we went to the Attorney and ordered him to stop Proceedings. Yet now my Attorney brings me in a Bill upon this account, though there was no Proceedings thereupon; but his wickedness to me will farther appear; which at present I shall wave, and go upon other Matter.  
3. I was Trustee for Two Young Men for several Years, and the Account between them and me, was Stated by Two Attorneys, who Audited the same, and set their hands thereunto; yet some Years after these unhappy Young Men, met with some Lawyers that put them upon Suing of me, though there was not the least Ground for it, as in the end it did appear, to the High Court of Chancery, the Matter having been Twice referred, by Order of Court, to a Master in Chancery, who Audited the Account, in the presence of Two Counsellors at Law; this Unjust Suit was near 200l. Charge to the Young Men, to the utter Ruin of one of them; who lays his Ruin, and I think Justly, at the Lawyer's Door, as the Cause thereof.  
4. I took out a Writ against a certain Person; upon which a Bailiff took him, and took Bail of him in his own Name; then came to me, and swore desperately, if I would not give him 40 s. he would let his Prisoner go. I not complying with his unreasonable Demands, he arrested me; whereupon I summoned him before a Judge, who did acknowledge, and say I was much abused, yet would do me no Justice, but seemed rather to encourage the Bailiff, thereby to bring (as I suppose) more Grist to the Mill; so I was glad at last to give the Bailiff 4 l. to be rid of him, and secure my Debt.  
5. The Attorney, whom I before did make mention of, I did employ in several Businesses; for doing which, he sent me in a Bill of 13 l. odd Money, and in some Months after sent another Bill of 17 l. (both referring to one and the same Business) and then sent me several threatening Letters, that if I did not forthwith pay him, he would arrest me; upon which I summoned him before a Judge, before whom he appeared, and whispered to him, and then gave into his Hand another Bill of 25 l. which I never saw otherways than in the Judge's Hand; whereupon I acquainted his Lordship that I had two Bills before given me, either of which I was willing to have taxed; but it would not be granted, though I offered to prove that I had paid him 7 l 10 s. and that he charged me with near Five Pound for Counsel Fees, which he never disbursed, and that he had a Bill of 10 l. of mine in his Hands, and that he charged me 20 s. for viewing some Writings in my Hands, when I never employed him, he having been employed by another Person, who gave him 20 s. for his Pains; (nay, he had the Confidence to tell his Lordship, that he examined 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, though I offered to swear it (as I have since done before another Judge) and so signed and ordered the 25 l. Bill to be taxed, and that I should pay in to one of the Prothonitors of the King's 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 endeavoured to Convince his Lordship, but all to no purpose, though I offered to deposit the Money in a third Persons Hand, yet he would not recined 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 taxed; He denied that ever he gave me any Bills before, when as I have his Bills and Letters by me to prove it; but he showed my Friend the Bill signed by the Judge, and said, if I would not have that taxed, 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 Plaintiff and Defendant, there was spent above 500 l.  
7. A certain Person came to a Shopkeeper (a Man of known Reputation) and desired 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 Gild 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 discovered, and that he was like to fall into Trouble, was too quick for the Shopkeeper; for he takes out a Warrant against him, and had him before a Justice of the Peace, for Scandalising of him; upon which, the Shopkeeper, and his Wife, acquainted the Justice of the Peace with the whole Circumstance of the Matter, and offered 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 Scandalising the worthy Gentleman; but afterwards (not without great Trouble) he took him up with a Bench Warrant, and the Matter was tried at Hicks' Hall, where that and other Crimes of the like nature were fully proved upon him, (though he produced near 20 Witnesses such as they were) for which he was by the Court Fined 40 l. but it was reduced to 20 l. which he immediately paid and went off, and the honest Shopkeeper 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. though 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 Laughed at him▪ upon which he was advised by some Friends to get the Bill Taxed, 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, etc. Unladed the Vessel by Night, and Embezeled the Cargo, and withal 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 proved, 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 Killed in the Public Service, another of them taken by the French, and carried to St. Maloes', where he was (as 'tis said) Murdered; and one Walter Jenkins 
* This poor afflicted Man lodges at one Bardets, in King-street, St. Giles', and is one of the greatest Objects of Charity that ever Eyes beheld. There's no Question but a Multitude of such like Crimes have been committed; for there plainly appears to have been a Combination to cheat the Kingand Subject; the only Satisfaction the King and Kingdom can have, is Confiscating the Estates (the Spoils of the People) of those who have been the Principal Actors; which is a thing, would be highly pleasing to all honest Men, of what Persuasion soever. , whom the Sailors Employed 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 Sailors, although their Lordships often gave him assurance, That if he proved the Facts, he should not only be satisfied for his Trouble and Expense, but very well rewarded; and though he executed several Commissions, and hath attended this Matter for above Five Years (having been drilled 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 constrained, thro' his great Necessity, to take.  
An Attorney gave in a Bill of 13 l. to a Friend of mine, that summoned him before a Judge, who reduced the Bill to 29 s.  
11. Another Bill of 40 l. was given by an Attorney, which the Judge reduced 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 summoned before a Judge, that reduced 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 
* There are a sort of Men among us who practice (in other Men's Names as Attorneys that are not so; it were happy for the People they were suppressed, and that all Attorneys were restrained in their taking Clerks, (as several Companies and Trades are in London, to prevent their being ●o numerous) and not suffered to fill the City and Country▪ as they do, with Splitters of Causes; it's one of the greatest Evils that can befall a Nation to be over-stocked (as we are) with Lawyers. , 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 wronged me of; and afterwards dismiss him, and give him leave to cheat any Body else whom he pleased: For so it is, that when Men are not punished 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 Councillors 
*⁎* There's no doubt there are many worthy Gentlemen that practise the Law, who are great Enemies to these Corruptions, and would gladly see them Removed.  and Attorneys at Law, are obliged by their Oaths, not knowingly to engage in any Evil Cause, or to increase 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 judged 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 Controversy, a Multitude of Families are every Year Ruined thereby, for many Thousands of Persons may reasonably be supposed 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 Taxed, 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 
* These Gentlemen Purchase their Employments or Places, which are but for Life, with large Sums of Money, and having no Lease of their Lives, run great Hazards, and considering the general Corruption there is in the Practice of the Law, and the Temptation they lie under, it cannot be supposed but that they will be willing to make use of their time, as well as other Men, by which may be seen, what Misery the People are exposed to, by the Buying and Selling Employment.  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 involved 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 (occasioned by Reason of His Majesty's frequent and long Absence) the People in general are brought into great distress, Trade 
† Men bred to Trade (as I was) have the greatest opportunity of knowing the Decay or Growth of Trade, and so are sooner made sensible of the Calamity of the People, than those of higher Rank, though they are not so well able to Express their Thoughts.  being reduced to a very low Ebb, and Handicraftsmen and Artificers, who formerly used 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 Starved.  
Whatever English Man has been abroad in Foreign Countries (as I have been) and seen with what little Expense, and how soon Law Suits are there brought to a period, cannot, without Regret, behold the present miserable Condition of his Native Country, the more, in regard, it so visibly appears to have been brought upon us by the wickedness of some Persons among ourselves. With my own Eyes have I seen honest worthy Persons, who detected and proved Notorious Crimes, publicly Ruined, and suffered to perish through Grief and Want. Yet notwithstanding all these Evils, it must be acknowledged, 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 Misspend the Public Treasure; and if any of her Judges should have been heard publicly 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 Useful or Profitable to the Body of her People, was Settled 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 Public Revenue, which sort of People She used 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 Judgement or Jurisdiction they exercised was God's, and advised them diligently to Study the Law, in relation to the Profit of the State, and not show the sharpness of their Wits by a Fallacious 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 Virtues, 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 Virtues, and of Veracity and Constancy to her Word, which is the Foundation of Justice. She was extremely severe against all that broke her Laws, and punished sometime small Offences with great Severity.  
Page 322. In all Private Suits She was observed 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 preserved the Poorest from Wrongs, and made it her care that every Man might enjoy his Own, and serve the Public with it, by the Impartiality of Justice, and the Equity of all Law Proceedings, provideing carefully for the Preservation of Humane Society, for the good of the Whole Community.  
Page 394. In her Progress she was most easy to be approached by private Persons and Magistrates; Men and Women, Country People and Children came joyfully, and without any Fear, to wait upon her, and see her. Her Ears were then open to the Complaints of the Afflicted, and of those that had been any way injured, she would not suffer the meanest of her people to be shut out of the Places where she resided; but the greatest and the least were then in a manner leveled▪ She took with hër own Hand, and read with the greatest Goodness, the Petitions of the meanest Rustics; and she would frequently assure them that she would take a particular Care of their Affairs, and should ever be as good as her Word.  
She by her Royal Authority Protected those that were Injured and Oppressed;  
She Punished the Fraudulent, False, Perfidious, and Wicked.  
It has always been my Opinion, He that that doth not sympathize with, and hath not a Fellow-feeling of the Calamity and Misery of others, cannot properly be said to be a Christian; for I conceive we are not bron barely for ourselves, and the Good of our own Families, but are strictly obliged, by the Dictates of that Holy Religion we profess, to do all such Acts as tend to the Good and Benefit of Mankind in general.  
It was a due Apprehension of this general Duty that enduc'd me to appear in Print; and however, though I may be censured by some Persons, yet I call God to witness, that what I have done therein, has not been out of Malice or Prejudice to any Person, or that I propose to myself any Advantage thereby (for I neither seek or want any Employ) but only a Hearty and Sincere Desire to serve my Country, by laying these things before this Most August Assembly, being sensible there's too many that endeavour, as much as in them lies, to Stifle and Conceal the People's Grievances, and keep them from the Knowledge of the King and Parliament, hoping there by to escape the Hands of Justice. The not punishing Offenders upon the Abdication of the late King James seems to have been one great Occasion of all these Evils; and now if those that are Offenders shall escape Punishment, the Nation can then expect no Security for the future. The punishing Offenders will be doing the People Justice, and supplying of the King's Wants, and which appears 〈◊〉 〈◊〉 the only Means whereby to Re-establish Justice, and make ●im and His People happy.  
Feb. 3. 1697/ 8. Richard Collins.  
FINIS.