certain PROPOSALS IN ORDER To a new modeling of the laws, AND Law-Proceedings, For a more Speedy, Cheap, and equal Distribution of JUSTICE throughout the COMMON-WEALTH.  
Amongst which, besides others, is briefly Argued the great inconvenience which arises, 

1. From the distinction of Courts of Common Law and Chancery.  
2. By Extemporary Verdicts, Orders, and Decrees.  
3. By the Judges, Juries, and Perjurers not being liable to make full Restitution unto such as are injured by their Perjury, or Erroneous Judgements; together with their Remedies.    
AS ALSO: certain Considerations for the Avancement of Trade and Navigation. Humbly propounded unto the supreme Authority the Parliament of the Commonwealth of ENGLAND: By Henry Robinson.  
LONDON: Printed by M. Simmons in Aldersgate-street, 1653.   

TO The supreme Authority of this Nation, the Parliament of the Commonwealth of ENGLAND.  
Right Honourable,  
doubtless it is not unknown to your Honours with what various expectations the Nations round about, & even the people amongst us, have fixed their eyes upon you, whom Providence hath set upon the English Throne. certainly it was far enough from your own thoughts within these few moneths, and therefore you cannot be said to have been ambitious of it, much less to have long coveted it. To run division of mens different opinions touching the Call your Honours had thereunto, it cannot be expected, it should not be controverted, since nothing is exempt there from, and not a few believe all knowledge to be scepticall. But this I am sure of, that whereas all Powers and Governours hitherto did so much seek themselves, as that either their own or their Predecessors swords made way for them, your Call and admittance hath been so peaceably, as doth clearly demenstrate the people did not only stand in need of you, but that you are obliged by all ties both divine and human, to relieve them in this great extremity of theirs, according to your utmost abilities, and the power which Providence shall invest you with all.  
These Nations have been reckoning or accounting with their Governours, and such as they sometimes honoured with authority over them for about these dozen yeares; one while advancing and setting up this person and party, and soon after pulling them down again, and at last routing them all, their Corporation and Charter, by which through the prevalency of a crazy depraved mayor party, they began according to their Predecessors footsteps, to pretend they might by the Prerogative thereof give us stones instead of bread, and Serpents instead of fish, Mat. 7. Go on wasting of our blood and treasure, without securing us in the liberty either of our own consciences, persons, or Estates: and whilst we thus bemoaned our sad condition, sighing, groaning, and crying out, who will do us good, in rescuing us from self-seeking Partisons, your Honours have set yourselves in the gap, and undertaken our deliverance.  
go on therefore with the same courage and integrity you have begun: and though your Predecessors left you much work to do, yet be not disheartened therewith, supreme Authority was never attained too with so much ease before, and cannot portend less then greatest happiness unto this Nation by improving the same aright, or greatest infelicity unto yourselves, if you should foregoe the opportunity which is put into your hands. We say nothing is difficult unto a willing mind, much less to such as have both will and power, least of all when both Heaven and Earth concur in making smooth the ways you have to walk in for working out deliverance unto these Nations. Wherefore as you have begun, go on in the fear of God, and love to good men, let nothing amuse or startle you; there is no hazard or danger in doing good, and good is not so hardly distinguishable from evil, right from wrong, Mine from Thine, as mountebank Statists, and Lawyers would make the world believe.  
Please then to redeem the time your Predecessors have lost, and begin to gratify us first with what we most stand in need of: Examine our Civill laws and Disciplin●, mend, or make them such as may become suitable, wholesome, and thriving to us in time of peace, as our Martiall Laws and Discipline were during the late wars. To have no written laws may be thought to be a condition without rule, or lawless; and yet in whose heart is not the eternal moral Law engraven'd? might not a people be better governed then this Nation hath been hitherto, without any other rule or standing Law then of not doing that unto any man, which a man would not have done unto himself? but because the written Law either out-reaches, or doth not reach most cases, it were better to have no writtten Law, no Common Law at all, then not to have a Chancery to qualify it, as to contract or stretch it, according to the righteousness of all circumstances; but to be subject to the extremities of them both singly, to be first racked, and made weary of our life and cause by the dull senselessness of one of them, the Common Law; and after that to be unrackt, racked back or over again by the pleasure, suggestion, or nothingness of the other, the Court of Chancery, will much call the judgement of this Nation in question, to be outwitted by a generation of Lawyers, and their hangers on, in being at charge to maintain them at one fifth part of all our Revenues yearly, for tormenting us, and continuing our lives and all we have at uncertainty, and their own mercy.  
If we do but consider a little, wee shall easily find that such a Court as we mean by a Common Law Court, must necessary be so literal, so bestial, as that it must not yield a hair upon any occasion; as well Gods glory, as good peoples welfare must be sacrificed to it; nothing but summum jus, rigid right, or right rigidness, which is summa injuria, extreme injuriousnesse, can be expected from it; only a knave or godless person who seeks no other happiness, but his own Revenge; nor hath other rule or conscience then his own lust, will easily fence himself against the litteralnesse thereof, and expose the Innocent as a prey unto it.  
On the other side, that which we call a Court of Chancery, is such an absolute Prerogative royal, as that every knave, oppressor, or revengeful person is able, upon no ground or cause at all, but merely upon suggestion to commence and continue a suite, from one generation to another, with such plausability, according to the printed Orders of the Court, and the Courts own contrary practise, as that to hear it argued, a man would not be able to guess how it will likely be finally determined, about 20. or 30. yeares hence, unless he could tell which side were like to have most money to fee most Councellors, and what Councellors were then so feed: But if you will resolve to dash both Courts in pieces one against the other, and erect one out of them both, endowing it with a power of Equity to Judge all people and causes in a middle way equally and indifferently, as near the Letter of the standing Law as each respective case can be brought, all circumstances considered according to principles of righteousness and reason, and so cashier those Laws, or legal cheats of Fines and Recoveries, Statutes, Statutes-Staple, recognisances, Leases of Ej●ctment, Mortgages, penal Bonds, difference of tenors, difference of Actions, Writs of Error, Outlawries, Bills of Middlesex, and such other Law-legerdemain, the great mystery of the Lawyers will be more common, and far more easy then it is now, to Cook a dinner for their palate. But  
I beseech your Honours to reflect a little upon what I say in this particular: Our men of Law avouch their Mystery to be the most abstruse and difficult, and consequently to require the greatest art and study to be exact and profound therein of any in the world; whereas above 1600 yeares ago the Apostle Paul reproaches the Corinthians, 1 Cor. 6.5. &c. in that there was not a wise man amongst them that might judge between his Brethren, and not suffer them to go to Law before the Heathen: and what kind of men were these that Paul there censures? surely much like the cobblers, Button-makers, Taylors, Weavers, with all manner of Handicrafts-men and Labourers, the inferior, poor, illiterate, despised of this Nation, who in the latter times of the world, we have observed to be zealous of the Honour of God, inquisitive after. Truth, and conscientious towards their Brethren; and yet Paul thought they might, nay ought to have been wise enough to judge between their Brethren: surely Paul and our men of Law were of a different opinion, and I must crave leave to add, that if there had been amongst the Gentlemen of the Law-faculty, the like zeal to God-ward, or compassion towards their Brethren, they could never have so long endured to be present at the Ear, and hear so many conscientious innocent people lie under oppression for want of English laws to relieve them, nor so many righteous Causes to be formally arraigned, condemned, and made Law-martyrs, without compassing a redress for us before this time.  
If the written Law, common Law, custom, be in the Cause in question, it will be as clear as the Sun, it will require no more then first to red the case, then the written Law, and the Judgement will follow as undeniable as the conclusion doth the premises of a rightly formed syllogism.  
Thus easy and clear would every Cause( to be decided by common Law) be, if it were taken in time, before it grew wild by the long run, and leisurely opened, and truly stated.  
But if a Cause do not appear thus clear to be determined at common law, then forthwith the equitable part of the Law takes thought of it, and the Judge having both of them to his guide, hath nothing else but this to consider of: That since ther was no written Law which came home to the point, what a reasonable & understanding man ought to have don in such a case, all circumstances considered: and 2. how far forth the party complained of, hath acted by the rule of such reason and understanding( which may be truly said to be the common law of Nature & Nations, not of England onely) and may be presumed to have done, as he would be done unto in such a case, and to give Judgement accordingly.  
Now whether upon such like notions, and further enquiry, this, so much pretended dark Mystery of the Lawyers, may not become more prasticable and easy then Cookery, as I said, which is common to every household, let those Gentlemen themselves, and the most ingenious Professors amongst the rest, when they have better leisure, give their opinion, towards the undeceiving, and so enfranchising of the People.  
I would not be thought notwithstanding to deny that these Gentlemen have not a kind of lip-learning, or artifice, especially of words and terms, beyond men of other Trades and Callings, wherewith their Customers are either enchanted, or lead into by-paths, beyond their own knowledge, and there left and lost both they and their estates. And how far forth such art and cunning is for their own credit, and our good, let themselves be judges also.  
But of all learning certainly that of the Lawyers is the most vain, not onely unnecessary but mischievous, destructive to a Common-wealth: and I have no little wondered to hear them styled in every Order, councillors learned in the Law, but that it is by the Clerks and Registers of the same feather, and for their own interest sake; 
I hope, and earnestly request such Gentlemen of this faculty, to whom I have any manner of Relation, and such especially to whom I aclowledge many obligations( and who I conceive mean no wors then other men who find themselves put, or settled by their Ancestors in a way or Calling which they think themselves little obliged to question or suspect) that they will not be offended at this language; since all Courtship, fair means, and long-suffering hath prevailed nothing with them, though sundry of the most eminent amongst them, professed the necessity of redress, and seriously engaged to see it done several yeares since.  whereas their learning is but Law-cheating, juggling, pocket-picking, which the tyranny of our former Governours( fearing otherwise that they should not be thought to have Law as well as Gospel to uphold them in their oppression, and keeping us in ignorance) suffered us not to speak against, or get redressed. I am sorry for my own country sake to make this Observation of it: That there are not such cunning famous pick-pockets, cheaters, thieves, in any part of the World, as in this iceland of England. And as this Mystery of Law-cheating could not have been brought to pass, nor continued by its Abettors, without a kind of graceless wit and ingenuity; so did not the rest of the Nation want wit enough to counter-worke and rout them, but that the people of this Nation have enjoyed less civil liberties then other Nations g●nerally throughout the Papacy, and where its supremacy domineers; though they pen and keep them up close as to their Religion, yet in civill matters they have had much more freedom and liberty of propounding for or against what they saw conduced to or against commonweal, and by that means had the advantage to become sooner and more civillized, and to partake of more civill accommodations then England hath yet been happy in.  
And because you have herein to deal with a numerous subtle party, the Anakim's and Goliah's of the Nation, against whom every individual true English man, even out of self-preservation is obliged to come in to your assistance, I, though amongst the least of them, yet being no less willing then engaged to appear faithful in my station, do humbly tender these ensuing Proposals.  
Wherein though I speak often of depositions, examinations, and Certificates taken upon Oath, yet it is onely by reason of the usual practise thereof at present. My opinion being that Oaths should not be made so common, but that all men should nevertheless be proceeded against for whatsoever they had damnified any man for false Witnessing, or crrtifying against him, though it were not upon Oath.  
Scarce a motion at Common Law, or in Chancery, but if we offer it not, the Judge cries out, Who makes Oath thereof. At Sessions and at Assizes, all up and down the land, nothing but Oathing of it, swearing and forswearing, though not so often yet as public, and as unpunished, and the parties as remediless, though perhaps most Causes are lost by the perjury of one or other. At customhouse and Excise Office, nothing to be done without an Oath. Oh the Land doubtless suffers, and knows it not, by reason of Oaths, and so much the more have we to answer for, in that we make a mere formlaity thereof. First we make the people swear whether they lwill or no, and when that's done, we rest not thereupon, but cast about how to make them appear forsworn, and when that's found out, we punish them not at all for the most part, and never proportionable to their transgression: But how easily might thi● land be free from these great scandals and offences, and that with much civil ease and advantage, both unto the Governours and People. The chief use, I mean abuse, of Oaths, is as afore I have said, in our Courts of Justice, and about receipt of the Common-wealths duties of custom, Excise, and Taxes throughout the Nation. Upon all which occasions it is Propounded,  
First, That all Evidence given in any Court of Justice, be either by the persons themselves present in Court, and that in such case to be registered, or else by way of Examinations taken upon Interrogatories, or Certificate to be signed by the parties Examined, or certifying before a judge, Justice of Peace, or other Officer appointed in that behalf, who may attest the said subscription, and if any person do testify or certify any thing untrue, to the prejudice of his Neighbour, whether in person, goods, or name, let him be liable to satisfy all damages and charges whatsoever, unto the utmost, and be punished corporally, and work it out, if he have not wherewithal to discharge it otherwise.  
Secondly, The securing of the Common-wealths duties without thus Oathing of it, and tormenting of the people is as easily compassed. The late Parliament by several Acts and Ordinances, ordered them to be paid, and particularly that of the Excise, according to such rules and rates as are thereby limited, imposing a forfeiture of double the value of the Goods of the Excise whereof the Common-wealth should at any time be defrauded: half this penalty had been sufficient if the said Acts and Ordinances had not imposed upon the people greater trouble and vexation then was necessary for securing of the duty, or just for the people to be exposed to about payment of it, which the grand Commissioners and their Officers might with so much more ease and comfort to themselves, have executed.  
Wherefore for such duties as must necessary be continued, whether of custom, Excise, or otherwise, when the Rates are once agreed upon, and ordered to be paid and received with as little trouble and vexation as is consistent with security of the duty, the bare forfeiture of the Goods offending will be penalty sufficient, being restitution of about twenty for one upon most commodities, one half to the Common-wealth, and the other half to the Informer: and who but a mad man will adventure ten or twenty to one, if the Orders for preventing frauds be but wisely contrived, and diligently and faithfully executed. Secondly, as to the Orders, that they be directed especially to secure the duty at the fountain head, whilst the commodities are in few hands, and easier to be looked after, as the Importers, and Exporters for the customs, Smelters of led, Tinners, Planters, and Grovers of all Native commodities, Makers and Importers of all manner of merchandise and Manufactures within the Land, liable to the duty of Excise; and if these be but well taken care of, all the rest of the Nation, perhaps fifty or a hundred for one would be free from any manner of trouble, or vexation, which now every person throughout the Nation, by the letter of the Law, is subject to, if he buy, sell, or receive into his House but 5 s. worth of any commodities whatsoever.  
The Excise then may be made payable once a quarter in the-next Market town where the parties paying it reside, upon forfeiture of the goods, or full value thereof, the Excise whereof was not paid accordingly, and for the easier discovery of such fraud it is propounded.  
1. That all persons who are obliged to pay custom or Fxcise, or that buy of or sell to such person or persons as are obliged to pay the same, may be bound to keep Books of account as careful and understanding Merchants and others ought to do, wherein they may be required upon a penalty, fairly and truly to enter all and every such parcel or parcels of goods amounting to 20. s. and upwards, specifying the prices at which, and the time when, with the parties names to, or of whom such goods were bought or sold; and being required vpon like penalty to produce their books upon all occasions of cleared or discovering all such persons as shall happen to be questioned about payment of such duties.  
2. That whosoever upon such occasion shall be found to keep false books, be understood and taken as a person that hath deceived the Common-wealth and his Neighbour, and proceeded against as a Perjurer, & made satisfy what the Common-wealth or his Neighbour had, or must suffer in appearance by this deceitfulness.  
Now the keeping of Books or accounts as discreet Merchants and other Traders do, though to some it may seem a slight matter, and therefore the less necessary to be imposed upon all Traders, is yet of so great concernment as that without it such Traders themselves, cannot understand their own Estates, nor whether they be in a thriving or declining condition, and consequently not know whether they get or loose by that Commodity, or whether at the yeares end they ought to enlarge or contract themselves; but go on blind-fold until they run quiter out of their Estates, to the undoing of themselves, and all that are engaged with them. But if it be granted to be a trouble to keep books of Accomps of what they buy or sell, and therefore ought not to be imposed upon a free people. It is answered, that it saves and prevents them & hundreds of others the trouble and vexation of being questioned in other occasions, which is not only a more common good, but to them a more peculiar advantage if they knew how to make a right judgement thereof: Besides, this exact keeping of accounts is a kind of Record of all their dealings, which, whosoever are partners with them may have recourse to, and see what benefit or loss accrues by such trading, and at least be sure that they fare as well as he that hath the managing of the Trade, and according to the Covenants between them, and from hence it happens, that for the most part all Noble men, Gentlemen, and others, as they are distinguished in Italy, and the Low Countries( two industrious and ingenious Nations, and such as we need not be ashamed of, to take example by in business of this nature) that are populous. When they have money by, do willingly adventure it with Merchants and Shop-keepers, and go partners or sharers in their dealings for all parts of the world, to the much enriching of those Countries; whereas here in England, if a man put in a sum of money in stock with a Merchant, Shop-keeper, or grazier, or other dealer, it is twenty to one but such Adventurer shall not only loose his money, but never have good account how it came to be consumed and wasted, because such persons who had the managing of the business kept no exact account of their dealings, for such Adventurer to have recourse unto, and see how his adventure thrived from time to time, and so contribute his advice therein as occasion and the nature thereof might have required.  
I purposely forbear to allege any reasons for this or that proposal, or to press the necessity of any of them so far as I justly might, because I know you have so little leisure to peruse them, and believe that the laws with the present Proceedings are become so vexatious unto this Nation generally, as that you cannot choose but behold the people to be weary of them, and resolved not to endure them longer, but rather choose to make trial of any other then that the same should be still continued: But withall do not doubt but that the rationality, and demonstrablenesse of most of these proposals will appear so clear unto your Honours, as will not only stir up a resolution in you, but will keep you mindful, until you have new modeled, if not quiter new made them, as you shall see cause for.  
The next general which requires your Honours speedy assistance, may be the securing or enriching of this Nation, or both in one, and that consists in trading; for a people that shall be content to apply themselves to Tillage and Pasturage only, which possibly may be sufficient to find themselves with food and raiment, will not be long able to protect themselves from Invasion of foreigners, in regard such Land or country would be exceeding thin of people, and not able to defend itself in all their quarters against such as would invade them.  
There cannot therefore be any lasting security without trading. Trade like a continual Market or Faire, invites people from all bordering Countreyes, and makes a Natition become populous: Besides, the greatest Trade of the world hath a capacity of undermining and eating out the lesser Trades of the world: the greatest Trade cannot be compassed without the greatest strength at Sea; and whosoever can make and continue the greatest strength at Sea, will enjoy the greatest Dominion of the world, which would long since have been reduced to one Monarchy, or one Common-wealth, had not such Monarch or Commonwealth, who at any time was most powerful, and so in the fairest capacity of reducing all the rest, fallen short in their politics and government.  
Had the United Provinces been reduced into one Common-wealth, they had been in a likelier posture of compassing this universal Monarchy, then ever the Romans were, who purchased all they had at the swords point; or the modern Kings of Spain, who thought to have done it by their West-India Treasures, as indeed they might, had they withall but known, and joined thereto, the main Engine, and right State-mystery of compassing the same, which is to increase Trade and Navigation. But this proud Nation stands so much upon what they call Gentility, and is no other then a condition not to be necessitated to work, as that they will not labour in any callng an hour longer then to keep themselves from starving. A very Farrier will stand at his door with a grave bays cloak on down to his heels, and his Rapier by his side, until you bring your Horse to hi● to be shoed, and then to work he goes; so soon as your Horse is shoed, on goes his long cloak and Rapier again, and he as great a Don as ever; which being the humour of the whole Nation, they are so farre-besotted therewith, as that much like the people of Guinney, they exchange their gold and silver of the West Indies, wherewith they might either have traded all the world out of their possessions by degrees insensibly for nothing, or bought them out of their free-hold at above forty yeares purchase; I say so many millions of money have they partend with unto other Nations for trifles to feed their own pride and luxury, which hath not onely set those other Nations at Warres amongst themselves, but enabled them to oppose the Spaniard in his aspiring unto the Universall Monarchy.  
But let us take heed, the united Provinces have first made discovery of this grand Engine and State-mistery of increasing Trade and Navigation for acquiring Dominion, and conserving it by good Government, wherein they excel all Governours of the world, by distributing Justice at home both indifferently and speedily, and protecting such as live under them from all foreign Enemies abroad; th y have made use thereof, and thrived thereby beyond all former generations; and had they but gained Antwerp and Bridges, and been reduced into one Common-wealth or Principality( which might as easily have been done, and is still to be done as easily, as it was for England( which our eyes have seen) and Scotland to become one in 12. moneths) before we attain to be true Trade-Statesm●n) neither these three Nations most appropriate to command the rest, if we knew our own strength, nor any other in likelihood would be timely wise enough to oppose the successful enlarging of their Dominions.  
Now these two generals I presume your Honours will find necessary to be speedily dispatched, and that sundry others may not be left undispatched, as the freeing tender consciences from paying levitical Tithes unto a Gospel-ministry which they own not, the keeping people from begging and starving in the streets for want of employment. The lessening or quiter taking away Taxes so soon as may be, with many other of no less Import, which I was bold to propound unto the late Parliament; and had they put in Execution, as they might have done with no less ease unto themselves, then great advantage unto these Nations, their Honours would not have been so blasted as we now behold them. But since they still remain undone, and continue still to be of the same necessary concernment both unto our security and well being, I crave leave to annex them hereunto, not without some assurance, that if your Honours shall be at liesure to cast an eye thereon( and find that a stock of money enough to compass all of them, defray all manner of public charge, and enable the Parliament by degrees, even in a few yeares to take off all manner of Taxes and Excise; and whatsoever else may be desired is as easily attainable without giv●ng the least cause of complaint to any sort of men within this Common-wealth, as that it cannot fail if you but say the word, & practise it withall, only through managing some business of the Nations after a more ingenious method, then hath been discovered unto our Ancestors, and is now tendered to be made demonstrable by the Propounder) you will be so far from thinking your time misspent in your perusal of them, as that you will be somewhat more enflamed, until you see them accomplished, unto the exceeding great rejoicing of your own souls, and of such as humbly concur with you therein, and in what else shall be found needful for the farther making out, and establishing this Common-wealth and other Nations derivatively from hence, in ways of Peace, Truth, and righteousness, unto all succeeding Generations.  
The Reader is desired to mend with his Pen what the Printer hath mistaken.   

certain PROPOSALS IN ORDER To a new modeling of the laws, and Law-Proceedings, for a more Speedy Cheap, and equal Distribution of Justice throughout the Common-wealth.  
THE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehended by great numbers, whom by Court Preferment, Corrupt Education, or otherwise they had seduced, is now through the Christian liberty of trying all things, become so clearly discernible, as that even the greatest part amongst us, and all Nations round about us, do much justify us in the Judgement we have executed upon them, both root and branch: The observation whereof ought to be no small inducement unto the same heroic spirits whom God made instrumental to execute his Vengeace upon such Enemies to true godliness and freedom, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nations can possibly enjoy so great a Good as the Lord may be presumed to have intended to them by their expense of so much blood and treasure.  
It will then doubtless be easily perceived that the Lawyers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their personal actings are not so blamable as other some, in their own sphere of Westminster, have not onely been mischievous and destructive as cankerworms or Pharaohs lean Kine, unto these Nations, but have ever been those mercurial spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been executed for.  
It was this Tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and selling the Nations over and over, as often as they pleased; at one term or trial the plaintiff, and at another the Defendant, then back again, and then forward, and all according to as good Law or Equity, as hath been in England since William the conqueror. And besides all this, though they seem to have but one chief Shop at Westminster, a few stals erected for them in the Circuits, and their own private Ware-houses at home, yet this one Tribe is thought to make a shift to gain or reap one fifth part of all the gains and increase of the whole Nation, by their several ways of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same summed up together.  
The knowledge of the laws whereby a man enjoys his life, liberty, and estate, and through breach whereof he forfeits all this temporal life affords, is not of less absolute necessity, as to the things of this world, then the knowledge of those religious, eternal, fundamental principles of Faith and Love, without which it is impossible to attain the joys of Heaven. And therefore our Lawyers in their sphere are no less Monopolizers & Usurpers, then the prelatical or Popish clergy, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the laws, not contenting themselves onely to persuade, but even in a manner compelling us to rest satisfied with an implicit knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates.  
This subtle Tribe without whose concurrence their royal Masters, with their P●ers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shane, nor yet with safety, they then resolved to put the best face on it, and join not onely in executing Justice upon them all, but began to aclowledge their own irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been( even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the laws, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them half a dozen of Gentlemen of the same tribe, to save them a labour( I wish it proved so) and what fruit it produced, is best known unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse until its dissolution: And these poor Nations still continued to be mis-governed by a hodge-podge of causey laws, so numerous, as not to be learned or comprehended, so me so differing as that they contradict and give the lie to one another, so irrational and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evil execution of them with their delatorinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto.  
In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the people in freedom, which though never so much the peoples due and birth-right, if ever they vouchsafed us any crumbs thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same laws which were either wrung from their exclud●d Tyrants in their exigency, or any ways indulged( as they would have it accounted) is no more possible then for a Tyrant to erect and long to continue an Usurped Jurisdiction, while he governed by a body of laws that had been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fundamental laws, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no otherwise then an honest Traveller, who in discretion is bound to give out no offensive words, whilst he finds himself encompassed by thieves: Wherefore let not any of our former laws or customs, no more then our Religion hath done, pass unexamined, and so scape being blasted or allowed of as they shall tend to the true freedom, securing, enriching, and contenting of the people of the Nation.  
To be lead implicitly to accept of laws we either have not tried, or understand not, is the second grand indiscretion which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicit Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the laws becoming wholesome to us, without more then a little rectifying, qualifying, if not quiter new-moulding them? Did not the late King CHARLES pretend, as well he might( for they were more his then ours) to fight for defence of the fundamental laws, and the Protestant Religion? And do we think his laws and his Religion, together with his Judges( for they also were more his own, and complied more by base Expositions, then either his laws or his Religion) would ever have cut his Head off for fighting to maintain them? Certainly it was another, and that far better, as more rational both Religion and Law, that freed us from this superstition and vassalage: And if we do not more speedily begin to own it, ere long I fear we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwinked trust those laws which have been subservient to the lusts and pleasures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us.  
But rather then this legal Bondage, and implicit proxy Religion should be longer continued, It is Propounded,  

The first proposal.  
I. THat all the present Courts of Justice be abolished, and no Proceedings either at Law or equity, except against such as disturb any man in his present possession, who by the next Justice of Peace may forthwith be put again into possession. Or against such as shall injure any man in person or name, whom likewise the next Justice of Peace may punish, according to brief Instructions to be appointed in that behalf. And for matter of Bonds, bills, or Book Debts, upon Request of the parties the next Justice of Peace to require execution and present payment, the Creditor putting in unquestionable Security to stand to such further Order as shall afterwards be agreed upon by the supreme Authority in that behalf. And all other Law●, and Proceedings at Law or equity, to be of no effact: Nor any other proceedings to be at Law or equity, until the supreme Authority have new modeled them, together with the Officers and Courts of Justice, which is hoped may within less then six moneths time, if gone upon, be compassed.   

The second proposal.  
II. That in the new model of all Officers, both Judges and others, have their respective standing Salaries, which may be a competent and comfortable livelihood, and not suffered to take any Fees, Gift, or thing, whether money, or moneys worth, upon greatest punishment both to the Giver and Receiver, to impeach and accuse each other, and enjoy immunity to himself, and one half of the Fine, the other half unto the State. And that as well Judges as other Officers, be present, and do attend upon their respective charges every day in the week except the Lords day, and dayes of public Humiliation and thanksgiving, from 8 till 12 in the forenoon, and from 2 till 6 in the afternoon; if any one person appears upon any business whatsoever, and desires to be dispatched by the Judges or any other Officer whatsoever.  
However through the Tyranny of the Powers, the practise at this day be quiter contrary; yet such as aim at Common good will find it very just and reasonable, that even Judges and all public Officers, who have a Salary, should rather attend and wait the peoples leisure, who pay them their wages, then that the people, even every individual person who is their Master, their best master, their pay-master, should wait upon their Officers, their Servants.   

The third proposal.  
III. That there be no distinction of Courts of Common Law, and Chancery, but that all Courts of Judicature have the power both of Law and equity to qualify the one with the other, and to determine all Causes brought before them.  
The having so many several sorts of Courts, especially one differing from, and condemning what the other Judged to be just and righteous, doubtless was not onely one of our Tyrants stratagems to keep the people in vassalage; but the Lawyers great Engine to make more work for themselves. They first tell you, and that plausibly enough, that the world is stark nought, and that therefore a man cannot be too careful and cautelous in contracting with any person, or what security he takes; and thereupon council him to get a bargain and sale, a mortgage, or a penal Bond, or sometimes all of them together, double, triple, and perhaps six times as much as the Debt imports: Now if this party be put to sue upon either of them, or all, though he would be contented to take his bare debt with interest and charges, he is not permitted to sue for the same in Chancery, but is turned over to the Common Law, where he may not demand less then the whole Forfeiture, be it never so much, and the Common Law will give it as certainly, whether it be right or wrong, if he can but declare and lie after the Common Law fashion; but he had need be well versed and precise therein, for if he come short of a letter, nay if a letter do but look asquint, an ignorant or a knavish Jury may put him to begin again, or loose all, both principal and penalty. In commiseration whereof, our good Governours, and yet the selfsame Tyrants, and their equitable overpowers, prevailed to possess this over credulous Nation how reasonable it was to have a Coure of Chancery to qualify and mitigate the rigor and Tyranny of the Common Law.  
The truth is, the Common Law is extravagant enough, to say no worse of it, but to fly therefore into the Chancery is a remedy worse then the disease, leaping out of the Frying-pan into the fire is not so bad. The Common Law, if our attorneys were true to us, would not keep us long in purgatory, but of the torments of Chancery you must have good luck if you find either end or respite, to do you good; and your adversary must want money to see Lawyers, enough to confounded the Cause, and muddy the waters, as they do usually, that a Register( who doubtless made more Orders then the Judges) seldom gets fast hold thereof, though he make a hundred Orders at his pleasure.  
How easy a matter were it then to prevent such waste of time and moneys in following two Courts so diametrically opposite? Had you not better that either of them should dispatch you, and put you out of pain speedily, then to be ground in pieces between them both so long together? But what a cheat is it for the Chancery to dismiss th● Bill for d●manding principal and interest onely, upon a penal Bond, and turn the plaintiff over to the Common Law; and yet after a year, two, or three upon the Creditors suggestion farced full of lies and forgeries( which no B●ll in Chancery is free from, nor scarce answer without perjury, and yet a christian Chancery) not to give full charges and interest, which yet the Chancery necessitated the party to be at, in that it put him to demand and recover the penalty at Common Law.  
But let us see what kind of relief it is a poor man gets by flying into the Chancery?  
Suppose a Verdict is by perjury, surprisal, or otherwise, unduly obtained against a man, whereupon he gets an injunction, and serves his adversary himself, the then Attorney, and councillor; the party afterwards Fees other council, perhaps another Attorney, obscures himself, and carries on the Cause to an execution, and puts the party in prison, and then no remedy because the Judges forsooth they may not be served with the Injunction.  
Surely a Nation is at an evil pass when it must be perplexed and squeezed to pieces between their Courts of Law, and equity, whilst the Officers thereof between complementing and envying each others, erect their own jurisdiction and prerogative. Certainly the Court of Chancery as supreme ought to have its Injunctions obeied even by all other Courts and the Officers thereof, otherwise what avails it to direct an Injunction to councillors, attorneys, solicitors, Agents, when as if you have served all but one in Westminster-Hall, that one onely may do the feat, and consequently quiter frustrate the injuntion; wherefore although the Chancery do not direct them to the Court and Judges themselves, with all their Officers in general, doubtless it could not be out of at ny other consideration, then of respect unto the said Court and Judges, who by the same rule ought, when they understand of an injuntion in a Cause, not to proceed any further, out of the same respect to the Chancery their superior.   

The fourth Proposition.  
IV. That all matter of trespass for words or deeds, and Batteries, be tryable by the next Justice of Peace, if at home; or else by the second next Justice, where such trespass or Battery is committed. As also all Actions for Debt, under 40 s. and so to be determined interlocutorily, if the said Justice can agree them within 48 hours: But if not, then each party to have his Case put in writing by the said Justices clerk, or any other friend, as each party pleases; and how or in what manner the Justice would have determined the same, to be without interlineation subscribed by the said Justice and both parties, and so sealed up and transmitted by the Justice unto the County Court. And that onely every injurious, or offensive Action, but every scandalous or upbraiding word be punishable, according to the degree and occasion thereof, because otherwise the parties will be provoking one another, supposing they are still without the Law, until they fall into greater injuring and endamaging one another, even to a down-right disturbance and breach of peace.  
If the supreme Authority shall please, the result and determination of these Justices for all matters of Trespass and Actions of debt not exceeding 40 s. may be definitive and binding, and the said Justices obliged to see them executed. But withall, that it be free for the party grieved, by such determination, to appeal unto the County Court, who if the appeal be allowed, may condemn the respective Justices in all damages and double charge, and so contrariwise if the appeal be disallowed.   

The fifth proposal.  
V. That there be a County Court, where one or more persons as Judges, shall be empowered to allow of Wills, and grant Administrations, within the said County; and to take cognizance of all Causes transmitted to them by the Justices of the said County; And of any complaint or demand whatsoever, whether criminal or civill, for any Debt contracted, trespass done, or action triable within the said County: which said respective Judge or Judges shall forthwith fall upon, and take ●hem into consideration, each by course, and so soon as it can be put in readiness, according to the Orders of the Court in that behalf.  
It may not be amiss, nay like enough, the preventing many a Suite, That the County Court do not admit a Bill or Declaration from any plaintiff in what Cause soever, unless he bring a Certificate annexed from the next two Iustices of Peace where the Defendant resides, that the said two Iustices of Peace have seen the said Bill or Declaration, & summoned both parties before them, endeavouring and persuading them to an agreement, or such manner as did appear unto the said Iustices, to be just and reasonable, which the said Iustices may be required to dispatch with all possible conveniency, and not to exceed ten dayes at most; withall to certify how far forth the Defendant was willing to comply, or stood refractory.  
There may be perhaps at present sometimes from 20 to 80, between Causes and Motions heard at the Chancery bar, and Upper Bench in one morning, perhaps in less then three or four hours, but how advisedly or considerately, let all the world judge, or any one in particular, that is but a slander by at any time: It is not fit that any Cause or Motion should be huddled up, that another should succeed. It is the long delay in dispatching Causes, and the making of so many extravagant and contradictory Orders, which makes suits so intricate, and tedious to be decided at last. No man should be abridged in opening of his Cause or Motion, which being well done, the judge will be the better able to understand and determine it more speedily, and more agreeable to the justice thereof, and so Causes will happen to be finally determined, faster then new suits commenced. And when one Court in a place is not sufficient, as in London, or in great Counties, it is better for to have two or more Courts, but one judge in each of them were best, and will likely dispatch more then two, and more unbiased; whereas being two or more, they will endeavour and be encouraged to fix the blame upon each other for what they have a mind to trespass in; for how shall it be discerned who is most in fault, when both or all of them subscribe the judgement? or what if they disagree about it, how shall it then be determined?   

The sixth proposal.  
VI. That the Judges in each Court upon their first sitting, ask if there be any Paupers, and dispatch them first, and so likewise at last ask if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise.   

The seventh proposal.  
VII. That the Bill, Demand, or Declaration be put in, and left in writing, with the Judge, or his clerk, appointed to receive the same: And a copy left at the other parties habitation, signed by the party himself and his clerk. And all Answers and Pleadings to be likewise put in writing, and Copies signed and left as aforesaid: And that it may be lawful for the Plaintiff, insisting upon his former demand, to rejoin and add unto his former demand, producing whatsoever Depositions, Certificat●s, Evidences, or authentic Copies therof to be compared with the Original, upon the request of the other party, and whatsoever other proofs the plaintiff please, leaving Copies as aforesaid, and the other party or Defendant insisting upon their former Answers again to answer so often as they see cause, until the Judge, at either of the parties request, shall give eight dayes notice unto the other to finish and complete the process or Proceedings for the Judges perusal, who is not to reflect upon any Allegation in behalf of either party, unless the same be put in writing, and found duly filed with the rest of the proceedings. And whereof the other party had copy given him, and due Notification to reply as aforesaid. And that all Bills, Answers, Declarations, Pleas, &c. do no longer run in a slavish petitionary way, as formerly, But barely in the name of the ●laintiff and Defendant, with such distinction onely, and place of abode, as may distinguish them from all other persons.  
The present practise, but a most wild course it is to conceal th● Evidenc● until the very point that Judgement is to be giv●n, when the parties cannot in likelihood ●●ve time to red them, much less to advi e and make exceptions, nor to inquire of the Witnesses produced, how far they may justly be excepted against as incompetent, much less advice how to cross ex●mine, or disprove them; but the truth is, we are so irrationally grounded, as that we may not to our advantage, gainsay a witness, though he depose never so falsely, or perjuriously: we are  told we must take our course, and impeach the witness of perjury; and is not this a pretty amends? an unconcionable Cative gives a Knight of the post, a hundred pounds( perhaps a hundred pence may do the dead, for they are good cheap) to swear for him, whereby he recovers a thousand pounds of me, and all the recompense our good laws will give me, is to see my Knight stand in the Pillory, and loose his ears, for which sight, yet sometimes perhaps I must pay more in porsecution of him, then this rascall had for his Judas-like betraying me.  
The very form and draft of a Bill, or Answer in Chancery, Court of Wards, Exchequer, and other Co●rts, was a clear badge of our vassalage and slavery, and not longer to be endured by a freeborn Nation. Justice is the birth-right of every individual person, to become as free to us, as the air we breath in, to be demanded modestly, not petitioned for.  
Perjured or false Witnesses have hitherto scaped scotfree for the most part, because, though the party who was perhaps undone by such false Witnesses, prosecuted, & was at charge to cause such perjured person to loose his ears, and be fin●d to the Common-wealth, yet he had no manner of recompense, or satisfaction for his own losses, through such perjury, wherefore it is propounded,   

The eighth proposal.  
VIII. That each party be free to examine Witnesses of course, by the Examiner of the place where the Witnesses reside, to be transmitted unto the Court where the Cause depends, so soon as they please; first giving notice unto the other party, and afterwards a copy, both of the Interrogatories, and depositions, so soon as they are taken. And that it be free for either party to cross examine Witnesses, whilst the Cause is depending, and have four dayes at least, or more or less time, according to the place where Witnesses reside, assigned him for cross examining such Witnesses, of whose depositions with the Interrogatories, Copies are to be given as aforesaid. Or rather to prevent the expense of often writing, and coppying out superfluous Interrogatories and depositions, That it be lawful for each party to take by way of Certificate upon Oath, made before any Justice or Judge, under the hand of any such witness, what such witness can testify in the Cause depending, and leaving Copy thereof with the other side, to file it with the other proceedings as aforesaid, which the respective Judges are to take notice of, and to make the same use of as of depositions: And the other side is free to cross, examine, or to get cross Certificates from the said parties first certifying, and leaving Copies thereof, as aforesaid. And all persons so certifying Witnessing or deposing any thing contrary to truth, shall be liable to be proceeded against, and condemned in all manner of damages, unto the party grieved.  
It is impossible to know how in judgement to cros-examine Witnesses, unless you know what he had first deposed, and generally such as are employed as Commissioners to take depositions, do not so exactly know the method to be used therein, nor their Clerks qualified to pen them as they ought to be; and many not able to writ legibly, much less sensibly. Witnesses at Common Law may be produced and alleged to be such and such, abiding here or there, when as afterwards no such manner of person to be found, or if found, known to be incompetent Witnesses, which could not be objected at the trial, because the other party had not timely notice of their names, to make enquiry after the parties themselves.  
It is no matter how leading Interrogatories be, and it were much to be wished, that an Interrogatory could light or point out every circumstance which might conduce to the discovery of truth, that the trouble and expensivenesse of others might be avoided, and if any one be found deposing an untruth, he may be condemned in full damages of all sort.  
And since Decrees & Judgements are the most weighty and important Acts of the Nation, and therefore ought to be well weighed, and not pronounced extemporarily, as hitherto: And so much the more unconsidered, by how much the councillors, attorneys, and solicitors, on each side, continually and even purposely, interrupt each other, and suffer not the Judges to have a clear understanding of the Cause, it is Propounded,   

The ninth proposal.  
IX. That the Judge having perused the whole proceedings, and considering of it seriously, while the same is fresh in memory, without regarding any thing, but what is filled with the proceedings, shall either draw out the Order, Decree, or judgement by himself, or give instructions how to have the same done, & then red it over advisedly, and subscribe it with his own hand, to remain with the whole proceedings ever after upon record.  
Though the most unjust Order or Decree be passed against any man, yet if it remain not upon record what Evidences were produced, and what Witnesses did testify, the Judges will avoid the charge thereof, in alleging that this or that Evidence was produced, to ground such Order or Decree upon, or that nothing appeared to the contrary, and so secure themselves from being impeached: And if it be said that Witnesses may be produced to make out the Charge against such Judges: It is Answered, that the said Judges will also if need be, produce Witnesses enough to depose the contrary, and so cause them to perjure and out-sweare one another, and all this because the Allegations of both parties were not written down to remain upon Record.  
The Objection that if the Judges, whether at Common Law, or in Chancery, should red both Bill and Answer, Declaration, or Plea, &c. put in writing, much time must necessary be spent, and few Causes dispatched; will easily be Answered, and made appear, that this way would not onely dispatch more causes, but also more speedily, in that the greatest part of time now spent, is in making Orders and Decrees which are afterwards countermanded by contrary Orders and Decrees, and that upon good grounds many times, as being in themselves ungrounded altogether. And if a computation be made of how many Causes have been finally determined within these eight years, I believe it will be found, that even a greater number of Causes wherein every, Demand, Answer, Reply, &c. had been succinctly put in writing, and afterwards red in presence of the Judges or Commissioners themselves, might with more clearness and justice have finally been determined in eight moneths. And the truth hereof may easily appear, if a search be Ordered to be made, first how many Motions, and secondly how many needless Orders have been made, and how few Caus●s finally determined within these eight yeares, and a Computation made accordingly.   

The tenth proposal.  
X. That it be lawful for either or both parties aggrieved within eight dayes to appeal from one and the same Order, Decree, or judgement of the County judge to Westminster, and from Westminster to the supreme Authority, who in case they find the Appellant to have unjustly appealed, are to condemn him in all manner of costs and damages unto the other party; If otherwise, to give him all manner of damages, with double costs at least. And if no appeal be filed within the said eight dayes, then Execution to be granted both against body and goods real and personal.  
There will be no inconveniences in so many appeals, if the party unduly appealing be condemned in damages and charges unto the party grieved as is propounded.  
I have heard of an ungodly Proverb often repeated in other Countries, which says, Happy is the son whose Father is gone to the devil: Their meaning is this, that such a son had good luck whose Father adventure loss of soul and body to leave his son a great Estate. And though this graceless saying be not in proverb, certainly it is no where more in practise, neither are any people so highly tempted thereunto as in this Nation: It being a maxim in our Laws, that personal actions die as well as p●●sons, so that if a man enrich himself by Bribery, Perjury, cheating, lying, stealing, or murdering an heir that stands between his Family and a great estate, or the like; If he do but go aside, and play least in sight until death summon him to an account, his children enjoy his evil gotten lands or riches as freely as any other estate. It is therefore Propounded,   

The eleventh proposal.  
XI. That upon the Defendants or Plaintiffs death. the Executors or Administrators of either producing Certificate of the Administration granted, which is to be exhibited, and remain filed with the rest of the proceedings, Further progr●sse may be made as before, without any loss of time and charge, except the contrary party take Exceptions unto such Certificate, which in such case is to be speedily argued and determined as all other exceptions are upon all other emergencies whatsoever, Copies being first given to the other side, and the party unduly troubling the other, to be condemned in Charges as damages as aforesaid; so that all personal Actions may be freely begun and prosecuted by or against the Executors or Administrators, as if the principal were living.   

The twelfth proposal.  
XII. That if the Report of the Justices be confirmed by the County Court; Or if the Judgement or Decree of the County Court be confirmed by the Court at Westmin ▪ then such said respective second judgement be ultimate, & stand unrepealed as to the party, in whose behalf it was given: And that it be free notwithstanding for the party grieved to appeal from the county Court unto the Court of Westminster, or from the said Court of W●stminster unto the supreme Authority; who if they confirm the same, may condemn the party unduly appealing in double costs, and one fourth part of what he so unduly appealed for. But if the County Court, or the supreme Authority see cause to reverse the judgement of the respective inferior Judges, then to condemn such respective Judge or Iudges in all manner of damages: And that the Judge or Judges of each Court upon the final Decree or Judgement of any Cause, do put in writing the motives which induced them to pass such Judgement or Decree, subscribed with their own hand to remain upon Record with the rest of the Proceedings, which at the end of the Suite are to be st●●ched up together, and so bound up in great Volumes as big as are manageable, and exactly Alphabeted and orderly laid up in presses, as that they may be speedily found out upon all occasions.  
For unless the Judges who are not subject unto their own or any subordinate Court, be questionable by the supreme Authority for maladministration of Justice, the whole Nation will be liable to be undone by them, without remedy. And then again, unless the supreme Authority take such course, as that all Petitioners, whether against Judges for maladministration or other grievances, wherein they can no where else be relieved but by the Sup●eam Authority, may have easy access and speedy disp●tch without charge, the remedy will be worse then the disease: And the people had better let all fly, then purchase the hopes and expectation only of recovery thereof with over-long attendance, excessive expense, and extreme vexation.  
But if it be queried, who will then be Judge to the hazard of his own estate even for erroneous judgments, and though he proceed never so uprightly according to his best understanding and conscience?  
I answer; That it is presumed the superior Court, and the supreme Authority will not be over-rigorous against such Judges, as clearly appears, to have proceeded so diligently, advisedly, and uprightly, as could humanly have been expe●ted, especially in doubtful cases; But if not as well for erroneous and corrupt judgements they be censurable, though they be never so corrup● and biased, they will still allege to have proceeded and judged according to the integrity of their own Conscience, and their utmost understanding, and so scape scotfree, as Ju●y men and Judges have done hitherto, though they passed never so many Orders and Decrees, one directly cross and contradictory to the other.  
Besides, why should any one of the Nation suffer or loose his estate through the error of another? especially when the other covenants, and hath a price for what he undertakes, and so becomes a servant unto the Common-wealth: And Judges ought no less to act any thing at their own perils, then any other person throughout the Nation. And if they will not accept thereof upon such terms, they are equally free with others to wave the same. Have there been so many thousands of truly conscientious, godly, and understanding men, even capable of highest employment, who adventured their lives Gratis; others for an inconsiderable pay for a bare livelihood, even eight pence a day, and they done better service then many a counselor or Judge: And shall wee fear there will want persons fitly qualified to make Judges in our Land? Surely such as have run greater hazard, and done better service then several Judges, without any at all, or for far less consideration in way of wages then a Judge hath done, will not decline a less hazard when it may redound more unto their Countries good nor prove less accomplished for the service.   

The thirteenth proposal.  
XIII. That no counsellor be permitted to take, or Client to give above 10. s. for any one Motion or Hearing upon forfeiture of ten times the value, one half to the Common-wealth, and the other to the Discoverer: And that it be free for Giver and Taker to impeach each other, and enjoy the benefit thereof; and the counsellor being twice convicted for taking greater fees, be made uncapable of further practising in any Court: And that no councillor having taken his fee, do omit to be present precisely at the beginning of such Motion or hearing as he taketh his Fee for; Nor move or pled in two Courts sitting at the same time upon the same penalty as aforesaid.  
The greatest part of motions is grounded upon matter of fact, and is easy discernible, it requires not for the most part about ten or twenty words, which may be as well, & cheaper utter●d by the party himself, or any friend of his, wherefore it is propounded.   

The fourteenth proposal.  
XIV. That the parties themselves, or any Friend for them be permitted to speak if they desire it. And that not above two Counsellors be heard upon any Motion or Hearing, and that all persons be free to act as attorneys, as well as in any other Trade or Calling throughout the Nation.   

The 15. proposal.  
XV. That all Motions and Causes for Hearing be entred in course according as the parties Clerks or themselves appear to desire the same: And whosoever intends to move in any Court, do fi●st give a copy of what they intend to move for unto the clerk of the other side; and if the other side yield unto it, or any part thereof within 48 houres, they may draw up an Order by consent: And for what they cannot agree, the party upon 24. hours notice may move: And if the Judge or Judges see cause to grant the motion, that he condemn the other side in double charges: And if that motion be denied, then the party moving to be condemned in double charges: And that all such Orders be drawn out briefly and clearly, and as near as may be to the present Rules at Common Law.   

The sixteenth proposal.  
XVI. That one and the selfsame Execution be taken and serve against person and goods both real and personal in any part of England and Wales to be directed to all Sheriffs in general, but to be served by the party himself, in whose favour it was granted if he please, or by whomsoever else he shall employ: And the like for all other Writs and Notifications, provided they be persons of Integrity who are so employed, except to give notice of a trial or hearing, which may best be done by a public Officer.   

The seventeenth proposal.  
XVII. That the unnecessary sealing of Writs, &c. be forborn, and that all dates be expressed by the day of the month and year, and that all Writs be sent open and directed to all Sheriffs in general, or to such other public Officers as for their salary and fees, or otherwise do voluntarily acceptpt thereof. And that what persons soever being to be served with any process. The Sheriff or his Deputy so soon as he receives the process, be obliged by himself or his Agents to repair within three dayes unto the dwelling house or habitation of such person upon five pounds penalty, and not meeting with him, to leave a notification thereof in writing nailed upon the door, or gate, which no person may dare to take down, but the party himself, whose name is to be endorsed upon the outside, that it may be apparent to whomsoever enters or passes by: And if such person within other three dayes appear not to the Sheriff or his Deputy to be served with such process; That then the said Sheriff return such process by the first or second Post next following, or by some Messenger who may bring it with like speed upon penalty of 20. s. a day for such dayes which such process shall be longer delayed to be levied of course by the Sheriff of any of the next adjoining Counties on the Lands and Goods of th said Sheriff to the behoof of the party who took out the process, together wi h his charges, without the least mitigation.   

The eighteen proposal.  
XVIII. That the Sheriffs, their Depu●ies, Bailiffs, and other Officers have their knawn Residencies where the people of the Nation may be sure to find them at their usual houres, and be dispatched without delay.   

The nineteenth proposal.  
XIX. That whosoveer shall undertake the serving or executing of a Writ, and reveal the same, whereby the party escapes, or omit to serve such Writ, or to Arrest any person, when he or they might probably have done it: And having apprehended him, shall not forthwith deliver him up into safe custody, without making any stop or stay by the way. Or that shall not keep him from escaping, or suffer him to be rescued through connivance or want of diligence, shall be liable to make good all charges and damages ensuing thereupon.   

The twentieth proposal.  
XX. That for the future all Rules, Appearances, Imparlances bo entred in public books, or rather annexed to the process or other proceedings whereto both Plaintiffs and Defendants should be free to have recourse. And that Copies thereof be forthwith given unto their clients respectively by their said Attorneys and Clerkes upon 20. s. penalty for each default to the use of their respective clients together with whatsoever damages their clients shall sustain for want thereof.  
The Attorneys or Clerks in all Courts give rules or terms according to the custom of their respective Courts, all which they enter in their own books, as also Appearances.  
Now they themselves being Masters of these books, they writ in them what, and when they themselves will, and will not let their clients see but what, and when they list: So as it is clear, that the Clerks on both sides combining together, may use or misuse their clients as they please, their Clients not being able to hinder it, nor in any possibility of understanding when their Clerks play the knaves with them, much less to remedy it when they know the same.   

The 21. proposal.  
XXI. That no person who hath not engaged himself by some dead or Covenant under his own hand, nor that is known to have a real estate responsible, be liable to arrest till after judgement. Nor other person, except upon Affidavit, that he conceals himself or his estate, or intends to conceal himself or his estate, or to leave the Land, or make his estate away beyond Sea.   

The 22. proposal  
XXII. That what person soever( being by casual and unavoidable losses, whether by Sea or Land, brought behind hand, and disabled to pay his debts, after six months imprisonment, if his Creditors require it, shall without all manner of deceit and collusion renounce all his both real and personal estate to the behoof of his Creditors, except his own, his wives and childrens wearing apparel, Bedding, and Instruments particular to their Calling. As also 12. d. in the pound upon the value of whatsoever such person shall so resign and renounce unto his Creditors to be divided amongst them ratuably, according to their respective credits, shall from that time forward by the Judge of the place where such debtors lives be discharged from all manner of actions which his said Creditors had against him. But if it appear at any time afterwards, that such debtor did conceal any of his Estate, whether real or personal from his said Creditors, or had before-hand made it over in trust to any person for his own use, to the defrauding of his said Creditors, then shall the debtor be liable to be put in prison, and remain there, and be kept at work until he hath satisfied his Creditors to the full. And that all persons under Execution upon actions of Battery or trespass: If they have not an Estate to satisfy such Executions, that their Fines be exchanged into so many moneths or years working, to the benefit of such person as they have trespassed against: Or else into certain corporal punishment according to the nature and degree of the offence committed.  
And since the lying kind of penal Bonds and Mortgages have been long since anathematized for usurious, not onely amongst such as would be accounted best Christians, but elsewhere; That we may not be worse Christians then they, more barbarous then any, nor the Lawyers to continue longer to make a prey of us, it is propounded   

The 23. proposal.  
XXIII. That all single Bonds and Bills of debt may tacitly imply an Obligation of Interest to be due, equal with the principal, from the day such Bonds and Bills became due, until the day that both principal and Interest be satisfi d together with damages and charges: and that a duplicate of such Bonds or Bills voluntarily registered in an Office for that purpose, and from thence certified at the Obligors request unto the County Register be entred as an encumbrance upon such Obligors lands by the said County Register, who shall also endorse the said registering or enrolling upon the principal Bond or Bill to be secured thereby, according as it comes in course; and that the said Bonds and Bills being assigned over from one man to another as often as the parties pleas may be good in Law, and stand irrevocable, and enjoy the same privileges being registered as aforesaid.  
So great a part of our civil Covenanting hath been by way of penal Bonds, mortgages, and such like Usurious and Extortionary Contracts, as most clearly demonstrates this Nation, not onely to have been far from true Christianity, but to retain very much of barbarism. First in that our Bonds are commonly made for double the debt, and so make all parties even under hand and seal before Witnesses, to be liars upon Record, and mortgages the like: And both one and other upon failer of a day, forfeited at Common Law irrevocably. B●t shall we be accountable for every vain idle word, and sh●ll we scape scotfree for our lying extortionary Contracts, because they are according to customary fundamental laws of England? Certainly no other then the devil, by his instruments the Lawyers, could be the inventors and Upholders of such laws, such Contracts, and thereby of their own Trade, and Mystery, their robbing and tormenting of a Nation; the greatest part of Law-suits arising from such devilish and unchristian-like ensnaring Bonds and Contracts; for a Usurer or Money-monger, desiring to make th● greatest improvement of his stock, advices with his Lawyer, who bids him take his debtor by the throat, get a Mortgage of him, an absolute bargain and Sale, or a Bond with double penalty, and perhaps all of them together, to hold him so much the faster. Secondly, when the poor debtor feeling the Rope about his neck, expresses an unwillingness to be made thus accessary to lying and his own ruin, it is  told him, the Chancery will forgive and pardon him; whereupon to prevent strangling at that instant, he sets his hand and seal, and gets a Reprieve for six moneths longer, or some such breathing time, which being expired, the Creditor is not admitted to go the nearest way about by the Chancery, to regain his principal with interest and charges, which some of them would be contented with, but must first go to Common Law, and get the forfeiture of the Bond, and an entry upon the Mortgage, and afterwards use the best means he can, that the Chancery after some yeares progress, may make an end of undoing what the Common Law had done, before he can be at liberty to receive and enjoy any part of satisfaction.  
In brief,  
1. cashier all supernumirary Officers, as the Masters of Chancery, Six Clerks, Prothonotaries, with all such as serve themselves more then the Common-wealth, and let necessary Officers, such as serve in person, as well as Judges, have standing Salaries, whereof they may live comfortably, and not take any manner of Fee or Gift, money, or money-worth.  
2. Let all parties be heard and dispatched as they come in course.  
3. Let the Judges be finable for every erroneous or unjust judgement.  
4. Let the party demanding, put in his demand in writing, signed by himself, and leave a Copy with his adversary, who may be obliged to answer as speedily as the place where he lives, and other circumstances permit, and each be finable to the other, full costs and damages, if they ask what is unreasonable, or deny what is reasonable.  
5. Settle the County Register of Lands, with their encumbrances, so often promised, and so much seemingly intended by the last Parliament.  
6. Encourage in such( or any better) manner as is propounded, a voluntary Register of Bills and Bonds, whereby they will become currently assignable; which two Registers onely would have much relieved us from the Lawyers oppression.  
7. Let there be no distinction of Courts of Chancery and Common Law.  
8. Let there be County Courts, and let the Judges or Commissioners thereof have power to judge all Causes indifferently, having regard both to the letter of the Law, and the equity thereof, as in a middle way between them both.  
9. Let but one, or at most but two councillors be heard on any side, either at Motion or trial; and that the parties or any friends of theirs, be free to speak in the Cause.  
10. Let the Judges peruse the whole proceedings, and sign the Judgements, and Decrees themselves, and be obliged to condemn the guilty in interest, charges, and all manner of damages; so may we for the future be happy in the laws protecting us, as we have hitherto been miserable, through their entanglements and thraldom.  
But since neither a new body of laws can be prepared on a sudden, nor the old laws or proceedings be so soon new modelized as were to be wished; as also in that there are multitudes of Causes, both at Common Law, and in Chancery, which cannot be dispatched for want of time, and if turned over unto the new model, in the perplexed condition they are in, would never suffer the Judges to get before hand with their work; It is therefore humbly Propounded in the mean time,  
I. THat the Upper Bench Court, Common Pleas, Exchequer, and the duchy, do continue to hear and determine Causes, as well in the Vacations, as in term, until all Causes be determined.  
II. That two Judges may be a Q●orum to all intents and purposes, in the Upper Bench, Common Pleas, and the Exchequer, and any one of them in the duchy.  
III. That if any one of the two, or both Judges of the Upper Bench, Common Pleas, or Exchequer, or the Judge of the duchy happen to be visited with sickness, or otherwise prevented from attending upon his, or their respective Courts, that then any of the other Judges may supply his or their stead, and such Court to sit the same day in the afternoon, and public notice thereof to be given, so soon as it can possibly be done.  
IV. That to the Judges which by this means will be spared at Westminster, may be added so many more, as may go the circuits every two Moneths throughout the Land, until all Causes bee determined.  
V. That there be added three Commissioners more, unto the Chancery, any two whereof to be a Quorum to hear and determine Causes daily in three Courts, to prevent the huddling over Causes as at present, until they be determined; and if any one of the said six Commissioners, or Master of the Rolls, happen to be prevented as aforesaid, any of the other to supply his room, and such Court to sit in the Afternoon, and public notice thereof to be given as aforesaid.  
VI. That all Motions and Causes for hearing, be entred in course, according as the parties or their Clerks appear to desire the same, and that whosoever intends to move, whether in Chancery, or at Common Law, do first give a Copy of what he intends to move for unto the Clerk of the other side; and if the other side yield unto it, or any part thereof, within forty eight hours, they may draw up an Order by consent; and for what they cannot so agree, the party upon twenty four hours notice, may move, and if the Judge or Judges see cause, to grant the motion, that he condemn the other side in double Charges, and if the motion be denied, then the party moving to be condemned in double Charges.  
VII. That each Court at first sitting down, do hear such motions as are tendered, and so likewise at their rising daily.  
VIII. That for all Bills, answers, demurs, Declarations, Pleas, Replications, rejoinders, or others, which shall be put into any Court hereafter, that the party leave a copy thereof, signed by himself and his clerk, as a true copy, with the Clerk of the other side, the same day the original is exhibited.  
IX. That the parties themselves, or any friend for them, bee permitted to speak, if they desire it, and that not above two councillors be heard on oneside, upon any motion or hearing.  
X. That the Sheriffes, Deputies, bailiffs, and other Officers, have their known Residencies, where the people of the Nation may be sure to find them at all convenient hours, and be dispatched without delay.  
XI. That it be lawful for any man to commence any manner of Suite, though upon a Bond in Chancery.  
XII. That the Judges in each Court upon their first sitting ask if there be any Paupers, and dispatch them first; and so likewise at last ask if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise.  
XIII. That all Injunctions be directed to the Judges, and all other Officers of the Court whatsoever, as well as Councellors, attorneys, &c. And that no injunct●on be granted after Judgement, unless the Judgement be obeied, or upon the other sides putttng in unquestionable Security, in case the Chancery determine the Cause against him; and no Injunction to continue above a month, unless the party that desires it put in unquestionable Security to abide the Judgement of the Court; nor so long neither, if the party that desires it, do omit for one whole week together, to go on, and do all and every such Act and Acts as might have been done within the said week, in order to bring the Cause unto a hearing.  
XIV. That all Writs be sent open, directed to all Sheriffs in general, and that what person soever, being to be served with any Proc●sse, the sheriff or his Deputy, so soon as he receives the process, be obliged by himself or his Agent, within three dayes to repairee unto the dwelling-house or habitation of such person, upon 5 l. penalty, and not meeting with him, to leave a notification thereof in writing, with some servant of his, but if none to be found, to nail it to the door or gate, not to be taken down by any body but the party whom it concerns; and if such person within three dayes appear not to the sheriff or his Deputy, to be served with such process, that then the said sheriff return such process by the first or second Post next following, or by some Messenger that may bring it securely, and with like speed, upon a penalty of 20 s. a day, for every day which such process shall be longer delayed, to be levied forthwith of course, by the sheriff of any of the next adjoining Counties, upon the lands or goods of the said sheriff, to the behoof of the party that took out the process, together with his Charges, without the least mitigation.  
XV. That Execution, one and the self same be taken out, for the future, in all cases, and do serve both against person and goods, in any part of England and Wales, to be directed to all Sheriffes in general.  
XVI. That all superfluous Fees unto the Six Clerks, Prothonotories, with sundry others, be abolished, and that the under Clerks and attorneys, for engrossing Bills, Answers, Declarations, Pleas, &c. reserve to themselves but one half of what they used to take, and the other half to be shared between the Six Clerks, Prothonotories, and other necessary Officers, or such as shall succeed them.  
XVII. That all Fines and superfluous charge of Original Writs, ordinary Writs, Writs of error, and Process, Fines and Recoveries, Enrollments, or others, be from henceforth likewise abolished.   
FINIS.