CONCERNING THE PRIVILEGE OF THE UNDER CLARK'S In the Court of CHANCERY AS NOW IN CLAIM AND PRACTICE.  
LONDON, Printed Anno Dom. 1649.   

Tyranny and Popery discovered, by a brief and narative discourse, of the claimed privilege of a six clarks clerk, alias, a subclarke in the Court of Chancery.  
And humbly Dedicated to His Excellency the Lord General FAIRFAX.  
IN time of open hostility for upholding the national rights and liberties of the freeborn people of England, against all invasive attempts of prerogative or power; by fortune (or rather to my costly misfortune) I have met with a limb of tyranny, and popery, as yet lurking in high places of judicature, and at this day practised, under a notion of the jurisdiction and privileges of the courts, to their respective Clarks, insomuch that a sub clerk in the court of Chancery (in right of such his relation) claims and enjoys the following advantages.  
If he be disposed to contention, he may, at his election, under some equitable pretence, trouble his proposed adversary, by calling him into the said court by writ of Sub poena, and there charging him by any tedious frivolous bill, which personally to appear to, copy out, answer, plead, or demur to; together with the expenses of his travill, attendance, and a day of hearing (besides motions, orders, and answers that commonly interpose) the poor defendante is soon run out of 20. or 30. pound to the clarks nothing, in respect of his privilege; and if then the bill be dismissed with 20. shillings costs against this clerk, it may be thought a happy reparation, notwithstanding the drawing up, entering, and copy of this order of dismission▪ with the Suppoena, and other charges conducing to the recovery of these costs, may possibly come to nineteen shillings of the money.  
Or if otherwise this clerk pretends to a legal right, which he enjoys not, he may take his writ of privilege out of the Pettibagg Office, and thereby compel the parsonal appearance of the defendant, with four sabsedy men for special bail to (his individuum vagum) his action then after to be made appear, albeit the defendant himself be responsable for tenfould the value of the clerk, if wholly exposed to sale, and the like for so many several actions as he shall pretend to. All which being performed, there yet remains a remnant of further charge and servitude: for this clerk may constrain the defendant to attend his pleasure (a die in diem) to receive his declaration and plead to it▪ there being no imparlance against his privilege) but the clerk at liberty not to declare before the third following term, and thereby put the deffendants to a further charge and attendance.  
So that suppose this deffendants abode be 100 or 200 miles distant from London, thither he and such his bail must go with hazard of their healths, neglect of their families, loss in their several occasions and certain great expenses in their travel and attendance as aforesaid, to the clarks nothing; nor the business, when once understood, appearing any other then like the fabulous issue of the Mountains, which after a great and long expectation of some huge birth, it proves but a ridiculous mouse, some trivial 2 pence matter, or rather a design of vexation.  
Now again admitting this Clerk to be never so injurious to others, in their bodies, goods, or good names (be their case proper for Law or Equity) the Clerk claims it for part of his privilege, not to be impleaded but in one of the forenamed Courts, where the Plaintiff will assuredly find the Salve worse than the sore (unless it be the greater) for he shall certainly spend his Estate to nothing, and have great fortune if he ever get half his costs allowed, nor any Bail to be put in for security of what he shall recover.  
So that this clerk (in right of such his place and privilege) carries about him (Armatam Nequitiam) such desperate destructive advantages, that he may at pleasure exercise an insulting tyrannical power over others (of what incomparable worth soever) and himself remain as careless in doing right, as fearless of suffering wrong, ever making his privilege Instrumental to his malicious and mischievous purposes in the one case, or the other.  
Now how dangerous is it to intrust the pravety of man's nature, with a privilege so inconsistent with the liberty of the Subject, and so unwarranted by the Law of God and the laws of the Nation, both which; Impartialy look● on the Actions of mankind without respect of persons, whether in administration of reward or punishment; being the two feet on which the Empires of the world march, with honour and safety.  
And what less could be expected from the late Lord Keeper, Finch, and others, the then Judges of the Land, than a compliancy by their utmost skill, and cunning to serve their Prince in the designs of Shipmoney, and all illegal Monopolies and miscarriages, (to the begetting of intestine miserable Wars) when as yet they continue such high and Papal indulgencies to their Clarks; whereby they give them power to become Devils to honest men; by destroying them in their livelyhoods, and comforts of life as aforesaid.  
And what hath been here said of Chancery Clarks, being above 70. in number, doth in part extend to the Attorneys and Clarks in all the Courts of Record at Westminster, for I find it affirmed by divers of them that (Mutatis Mutandis) they all lay claim to privileges by their places, to the cherishing of much vermin in the land, when they incline to contention.  
It remains now to understand how these privileges be gronnded, whether on Grant from the Crown, or the customary usage and practice of the Courts. If it be answered by Grant; it is replied (nihil Dat quod non habet) nor the Crown, nor the King (when in his Solstice of Majesty) was ever admitted such a privilege in his own case. For if any Subject had cause to capitulate his right with the King by contest in law or equity, (were he Plaintiff or Defendant) the King by his Counsel could only make a fair use of those prerogative advantages which divers Statutes of the Land and the practice of our municipal Laws had entitled him to, (in special Cases) for upholding the rights of the Crown against the cunning and craft of common persons; and that without the least Arbitrary power, or undue and destructive prosecution.  
Or if it be answered to be a privilege, grounded on an ancient & continued practice of the courts; it is then replied (Malus usus est abolendus) nay more, a custom so repugnant to law, reason, and common right, as this is (in most of the species;) is in itself void. For every Native (in common right) hath a like and equal portion of birthright in the Laws of the Nation; and be all alike level to law. And how preposterous is it to reason, and how horrid to nature, for a superior to be exposed to mischief and misery, at the discression of his inferior fellow subject, by any heathenish grant or custom, let any men judge.  
But to draw to a conclusion (brevity being the thing intended) I believe these privileges to be of a mixed nature, patched up partly by grant, and partly by the customary favours of the court, as a boon intended to the clarks, which writ to the great Seal, in respect of such their reference and subordination thereto. I also find this grant and these customary fovours to have been very ancient, and to have had their original in time of greatest superstition and blindness, when the six clarks themselves were priests; but as now (after so many years light of reformation, and in the time of an intended through reformation) to be countenanced in the highest courts of Judgement and Justice, is a wonder to amazement.  
Now out upon all relative worship; as being a relic of popery and worst of Jdolatry. Out upon such Jdolizing feeble mortal Majesty, in ascribing such honour & immunities to any scrub clerk that (in way of livelihood) offers up a little Jnke and Paper to the effigies of its person, and impress of ' its power.  
For according to the latitude of Religion, or reason, in this relative worship, the invocation of Saints (who are constant attendants about the omnipotent Majesty of the immortal God) may be fully justified. And what honour or rather adoration may any piece of wood claim (above the Ce