THE Anti-Levellers Antidote AGAINST The most venomous of the Serpents, THE Subtlest Monopolizers. Collected by divers Officers and Soldiers of the Army, and other honest People of this Nation. Having in our Conferences in and about the Cities of London and Westminster, and as we have traveled and stayed in divers places of this Nation, where we have heard divers honest People complain of many Grievances (which we conceive deserve Reformation;) For the just Desires of whom, we have employed our best Studies and Endeavours in searching out what hath been proposed by others for Redress of those Grievances, which, as we have heard and conceive, have undone many people, and much impoverished divers, and put others to excessive and great charge and trouble (who have been true and faithful Members of this Common-Weal;) Out of which we have drawn this Antidote, being an Abstract, etc. which we tender to the Consideration of all the People of this Nation to write against, or for Support or Amendment of the same, or any part thereof, in convenient time. To the end and intent that any who please may join in Petition to the Supreme Authority of this Nation to have the same Enacted, being (as we conceive) matters of great Concernment. AN Abstract of the principal matter (as near as we can gather) of several Propositions and Proposals, which we have found published, and written ready to be published, and most material, concerning the extraordinary chargeableness and unnecessary proceed in the Law, and the inconveniencies which have happened thereby, so far as yet we can hear of to be amiss, after our several and respective Conferences about the same (not only in London and Westminster, but in our several and respective Travels about this Nation since these Wars began) with divers ancient Counsel, Clerks and Attorneys, having given over their practices, and others; whom by their discourses we conceive and hold to be just in their professions, and to have abhorred the unconscionable deal of the corrupt Lawyers, and Monopolising Officers depending upon the Law, in their contrivances of divers inconveniences and mischiefs, by which we have heard many in Countries, Cities and Towns say, that they have been much grieved, and desired redress: All which at large we have ready with a short Collection and Observation after the first fourteen thereof, and so consequently in order after the other following the same respectively; whereby any man (as we conceive) though but of mean capacity and judgement, may well understand how the several millions of Money, which formerly yearly have been exacted from the honest people of this Nation (by corrupt and unjust Lawyers, and Monopolising Officers depending upon the Law) will be every year hereafter saved to them; if those Propositions and Proposals, with these herein last mentioned, were enacted. 1. That men not able to pay may not be arrested upon feigned great Actions (and thereby many undone) before summons, according to the ancient Laws of this Nation; which undue courses, and unlawful practices, have been too often acted in these latter times. 2. That if Sheriffs, or Bailiffs, or such like Officers, do not execute the first Writ (to them delivered) to arrest, but delude parties, and take Money or Rewards on both sides, as they have frequently used for many years together, the second may be directed and made to, and executed by persons especially to be elected by Suitors in such Writs for such purpose. 3. And the like for not serving of Executions. 4. And that any who shall claim the property of goods in the possession of any other (against whom there shall be Writs of Execution to seize and sell the same, or to levy the same for any debt or demand) may be examined upon Oath of the truth of the matter; And that the Sheriff shall make enquiry by Jury of the truth thereof. 5. And that they who of such goods shall make such claim, and the same shall be proved false, shall forfeit the value thereof. 6. And that no Officer shall be subject or liable to any action for viewing or seizing or staying (till such enquiry be made) of any goods which were or shall be in the possession of the party Defendant, his Executors or Administrators, or reputed his. 7. That no poundage Fee may be taken for serving of any Elegit or Extent, the Officer being at no danger in executing the same; Or that to avoid charge and trouble, any who have such Elegit or Extent, may make his Entry and Claim upon any Lands or Tenements liable to the same, and then bring his Action of Ejectment or real Action, as the cause shall require, which he usually is driven to after such charge and trouble. 8. That every one committing any rescuss, or hindering of any Arrest, or Execution, or Distress, shall be liable to the debt or demand concerning the same. 9 And that every one compellable and using to stay Felons, shall be subject and compelled to stay such party so doing. 10. And that Hue and Cry shall issue, and go after every one of them; Or that the Inhabitants of the place where such offence be committed to make satisfaction. 11. And that if the Hue and Cry go out and stay any where before it come to the Sea, the Inhabitants there to pay half, and where the Rescussers or Rescussed escape, the other. 12. That every one who shall hold any other out of the possession of any Lands or Tenements, by the space mentioned in the Proposal at large, next after the time in which shall be showed to him a Writ for possession or seizin for the same under seal, to forfeit the value. 13. That every one who shall have an Execution against the goods of any other, and show it to any having such goods, and he hindering or forbidding the party having such Execution from taking thereof, or claiming the same, to forfeit the value: And that party having such Execution, to be impowered to take the same, if not interrupted or forbidden. 14. That Plaintiffs in Outlaries may have the benefit of them, and not be baffled out of possession, after they have been at great charge in suing them out, and procuring special Writs thereupon to be executed, returned and transcribed into the Exchequer, and Leases thereupon made, which hath been too frequent; and most Outlaries have appeared only mere Terrors or Bugbears. If these fourteen (that is to say) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, & 14. were Enacted, then would the occasion of the Exactions by arresting men upon feigned great Actions yearly be avoided, the number of such so yearly being estimated to above one thousand in England, who one with another of them by the same occasion have been yearly put to the charges, and damages, and defrauded of 20 l. apiece, which amounteth to yearly in England twenty thousand pounds. And thereby besides would be prevented the extraordinary charges of the unlawful Exactions and Extortions and fraudulent deal of Under-Seriffs, Deputies, Bailiffs, Sergeants at Mace, and their hangers or Dependants on them, and such like; whereby very many of the honest people of this Nation have had exacted and extorted from them yearly one hundred and twenty thousand pounds; and besides, by the same means aforesaid, have been defrauded of, and lost so much more (that is to say) one hundred and twenty thousand pounds, which may easily be known by computing the Parishes in England, and the number of such like Officers; for every hundred of Parishes, and every of them one with another yearly, usually so exact, and extort, and defraud, and be the occasion of the loss of as much more. There is above eight thousand Parishes in England, and for every hundred of Parishes one with another ten Hundreds, Liberties, or bailiwicks, or such like places of a Bailiff or such like Officer for every one of them; and besides, a Hanger or Dependant on every one of them one with another (some of them having two such, and some above,) upon which account it appeareth that for every hundred of Parishes there be estimated to be at least ten Bailiffs, which for eight thousand Parishes amount to eight hundred Bailiffs, every one of which usually have yearly exacted and extorted one with another one hundred and fifty pounds [150 l.] otherwise they could not spend so liberally, and they and their families far and live so deliciously, as it is commonly known they have done, and do; and some of them being srugal, gain thereby great Estates, notwithstanding the great Rewards, Gifts or (as they may more fitly be called) Bribes, which usually they have given yearly for such their Offices to the respective Undersheriffs, and such like Officers of Shires and Counties, which amounteth to yearly one hundred and twenty thousand pounds [120000 l.] and their said Hangers and Dependers on them besides yearly have, and usually do so exact and extort the third part, so much which cometh to forty thousand pounds [40000 l.] yearly. And there be also estimated to be two hundred Corporation Towns in England, and every one of them to have four Sergeants at the Mace, and as many Yeomen (as they call them) or Assistants (some of them having many more, as namely in London 36 such Sergeants, besides so many of such Assistants or Yeomen) every one of which one with another, have usually so extorted and exacted yearly above two hundred pounds [200 l.] (many Sergeants and Yeomen paying great sums of Money for their places, and yet spending much and living at high Rates, and some of them gaining great Estates, as aforesaid) which (accounting four Sergeants for every Corporation of those two hundred Corporations) amount to eight hundred such Sergeants, every one of which yearly so exacting and extorting Two hundred pounds (200 l.) such exactions and extortions come to One hundred sixty thousand pounds, [160000 l.] besides such exactions and extortions by such Yeomen or Assistants to the third part as much yearly Fifty three thousand three hundred thirty three pounds, [53333 l.] and odd money; and Creditors and Suitors Plaintiffs have been usually put to further charges, besides neglect of their businesses in waiting on such Officers, and procuring Setters or their servants to attend on them, there being in two hundred Corporations, and in forty Counties, which there be in England, above One hundred thousand Arrests done (in which there have been such waiting and attending,) in every of which such Creditor, Suitor or Plaintiff hath been at the charge of 20 s. at the least, and in some 2 l. 5 l. 10 l. or 20 l. (though in some less,) and therefore accounting 20 s. in every one of them one with another, than it amounteth to yearly One hundred thousand pounds, [100000 l.] besides much more (that is to say) half as much at the least hath been so exacted and extorted in waiting and setting for many, against whom process have been, and no arrest done, which amounteth every year to fifty thousand pounds, [50000 l.] And over and above all these vast sums of money the Under Sheriffs and Deputies within the forty Shires, and of as many Counties of Cities as make the number of fifty Sheriffs of Counties (which there be in England) usually have yearly so extorted and exacted every one of them one with another eight hundred pounds, [800. li.] otherwise they could not afford to pay so liberally for their places, and spend so much, and live in such height in clothes and diet with the best sort as usually they have done, and gain such great Estates as divers of the thrifty of them have done, besides notwithstanding their squeezings— in the Exchequer by others as bad as they themselves be and have been, which yearly fifty times eight hundred pounds [800 l.] amount to every year forty thousand pounds, [40000. l.] The total of which several sums being cast up together amounteth to five hundred eighty three thousand three hundred thirty three pounds, [583333 l.] and odd money. And these sums concerning England only. Concerning Wales and Ireland almost half as much (which have been and may be again so extorted and exacted when matters shall be at quiet there if not prevented) but reckoned only at two hundred ninety thousand pounds, [290000 l.] The whole is nine hundred seventy three thousand three hundred thirty three pounds, [973333 l.] For saving to the Common-weal of four parts to be divided into five of the sums before mentioned, these Propositions and Proposals be drawn, and some of them published at large, One hundred ninety four thousand six hundred sixty four pounds, being the fifth part of the said Nine hundred seventy three thousand three hundred thirty three pounds, [973333 l.] and deducted out of the same, there then will remain Seven hundred seventy three thousand six hundred sixty nine pounds, [773669 l.] being four parts thereof saved to the honest people of this Nation. And besides, by the means aforesaid, and the subtle devices, and crafty inventions and practices of such extorting Officers, the honest people of this Nation have been desrauded of, and lost double so much, being One Million five hundred fifty seven thousand three hundred thirty and eight pounds. [1557338 l.] Which sums being cast up together amount to Two Millions three hundred thirty six thousand and seven pounds, [2236007 l.] The subtle devices and crafty inventions of such Officers are more particularly expressed in other Propositions, following next after some of the latter Propositions herein mentioned. 15. That any of the Counsellors, Clerks or Attorneys (who have practised or studied in the superior Courts at Westminster, and there approved of for their Honesties, Judgements and Experience in their respective Practices and Studies) as the Law is, may plead, act or do any thing according to their respective Callings, and not be hindered by Monopolizers, as hath been too often used of late years. 16. That Copies of Bills, Plaints, Declarations, Answers, Replications, Rejoinders, and Proceed to issue after the same, may be delivered by the one party in the Suit to the other, or their respective Agents, therein to save charges, and the Monopolizers deserted. And if these 15th and sixteenth Proposals were enacted, then would the exactions and extortions, ☞ by compelling the people to buy Law and Justice, in paying for Copies of Bills, Answers, Replications, Rejoinders, and other proceeding thereupon, be quite abrogated, and the Drones so exacting and extorting them (that is to say) the six Clerks, and such like vermin, left and deserted as useless, and by the same means saved to and for the honest people of this Nation yearly Two hundred and sixteen thousand pounds, (216000 l.) The manner how the last mentioned sums have been so yearly exacted and extorted, and how the same may be saved to and for the honest people of this Nation, hereafter followeth, for the perfect understanding of the common people, how the six Clerks so extort and exact yearly Twelve thousand pounds, (12000 l.) and their under Clerks above triple as much, being Thirty six thousand pounds, (36000 l.) the whole whereof is Forty eight thousand pounds, (48000 l.) The Offices of these six Clerks being accounted yearly to be worth Two thousand pounds (2000 l.) and more apiece; and it is commonly knonws, that their Under Clerks usually have taken and take after the rate of eight pence for every sheet, which they have copied for above four times more than they have accounted for to such vermin their Masters (which by them hath been connived at in some of such their Under Clerks, of their favourites and creatures, partakers and helpers of them in such their wicked practices, though not in others of them, whom they have kept under like Spaniels:) And moreover, the enacting of the same fifteenth and sixteenth Proposals, if done, will extend to all other English Courts, or formerly or now so called, which have been or may be hereafter created to or for the same, or such, or the like effect or purpose (there having been eight or nine more of such in England,) and thereby save further to the same people of this Nation yearly so much more, being Forty eight thousand pounds, (48000 l.) The total of which amounteth to Ninety six thousand pounds, (96000 l.) And the same Exactions and Extortions by the same occasion would be removed out of the Courts of the Common Law, (wherein although Declarations and Plead be nothing near so long, yet in the number thereof far exceed those in such formerly or now called English Courts, or Courts of Equity,) and thereby and by shortening Declarations, etc. in the recitals of Writs, and taking away of unnecessary imparlances, saved for the same purpose as much or more than before is mentioned, being Ninety six thousand pounds, (96000 l.) The total of all which sums concerning these two Propositions for England only, amounteth to One hundred ninety two thousand pounds, (192000 l.) In Wales and Ireland, besides which have been and may be hereafter, if not prevented, half as much, being Ninety six thousand pounds, [96000 l.] The total of all which sums for all those places amounteth to the Two hundred and sixteen thousand pounds [216000 l.] before mentioned. 17. That no motion or Petition shall be made and delivered against any until a Copy thereof be first delivered to him: Then may the savorite Lawyers hang up their Gowns in the Hangman's Wardrobe. And that if he do not consent to the desire in such Copy (he being thereby directed to a leading precedent in such case,) than he to forfeit the parties charges and damages of delay in moving: And that if he shall consent thereunto, and not gainsay the same within a convenient time, that then he shall be compelled to perform the same as if the same should be ordered. 18. That no Prohibition or Consultation be moved for, unless such Notes or Writings be delivered or left in such manner and form as is mentioned in the Propositions concerning Motions and Orders. 19 That a penalty of one hundred pounds be imposed upon every Master of the Chancery, and other Referree, for reporting contrary to any Book or Writing showed to him, which by his order he may view; or for not reporting so much (as he should) within the Books or Writings, being showed where to find the matter. And likewise if the seventeenth, eighteenth, and nineteenth Proposals last mentioned were enacted, then would the extorting and exacting of Registers, and Enterers up, and Drawers of Orders, and Rules, and Copies thereof, be for ever buried in Oblivion, and thereby yearly saved to the honest people of this Nation the extraordinary charges which formerly they have been unnecessarily put to, amounting to, as hereafter is particularly calculated or cast up, to Six hundred forty eight thousand pounds, [648000 l.] How the last mentioned exaxtions and extortions have been drawn from the honest people before mentioned, and they constrained to buy Justice, as hereafter is expressed for the perfect understanding of the common people thereof: In every leaf of every of the two Books for a year of the Registers in Chancery, there usually be entered ten ordinary Orders made upon motions there; in both those Books for one year there most commonly have been for many years past, and be, three thousand leaves or more for every year; every of which Orders one with another hath been and is an occasion of expenses extraordinary to both parties therein concerned, five pounds by drawing and making several Copies of Breviates, and seeing of one Counsellor to begin, and another, or others, and sometimes many, to second such motion, and drawing and copying Affedavits and Orders several times, and entering the same, and by seeing Solicitors to attend such Court about the same. And many times when there hath been counsel on both sides, it hath cost the other party answering such Motion, as much as the party moving the same: And in many Orders longer than those ordinary, there usually is and hath been expended in counsel and attendance, and other charges thereabouts, in some 10 l. some 20 l. others 40 l. and divers more. And at hear as much or more; so that by entering of long Orders in these Books there will be no less charges in the Orders of every leaf of those Books, by reason of the great charges of those long Orders. At which rate the charges of the Orders in every of those leaves one with another, will amount to 40 l. at the least, and so of every one hundred of leaves to four thousand pounds, [4000 l.] And there being in those Books of the Registers, as before is mentioned, three thousand leaves, it will be found by multiplying forty by three thousand, that the total will amount to One hundred twenty thousand. And also in other Courts, now or late called English Courts, or Courts of Equity, and such like, wherein Secretary hand been used in England, without Wales and Ireland to as much, amount unto One hundred and twenty thousand pounds, [120000 l.] Besides the charges about divers motions which die in the breeding, and therefore no Orders made upon the same, which mounteth this last mentioned sum much higher; but in regard we can come to no certain knowledge thereof, we forbear to make any further calculation about the same. Both which sums being added together, amount to Two hundred and forty thousand pounds, [240000 l.] In Wales and Ireland, besides which have been and may be hereafter, if not prevented, half as much, being One hundred and twenty thousand pounds, [120000 l.] The total in England, Wales and Ireland Three hundred and sixty thousand pounds, [360000 l.] In Courts at Law, or Courts which have been called Latin Courts, Rules or Orders, which have been and are above four times the number more than the former, accounting so much only as by them hath been so extorted and exacted, as before is mentioned in the other Courts, called English Courts, or Courts of Equity, (because there is not so much charge in soliciting, breviating, or entering Rules or Orders, as in the former, nor altogether in counsel, yet too much) being Three hundred sixty thousand pounds [360000 l.] The Total concerning Motions, Orders, and Rules, etc. amount to seven hundred twenty thousand pounds [720000 l.] Out of which deduct the tenth part, being seventy two thousand pounds [72000 l.] (which will be sufficient for the performance of such businesses) then will remain saved to those honest people yearly hereafter six hundred forty eight thousand pounds [648000 l.] 20. That Witnesses may be examined in all Courts by Commissioners, mutually to be chosen; But with this, That any concerned in any Suit (who will, may at his own charge) have any of such witnesses examined at any Trial, hearing or inquest, taking or making. 21. That all Commissioners may be to hear and determine, or to certify the doubt; and that if the parties to the Suit shall not agree of the truth of that which any witness shall depose, then may the Commissioners compel the Sheriff to summon a Jury to try the same, and the Jury to be chosen as in the general Title of Juries, and the matter to be determined above upon reading the Certificate. 22. That no matter in Arrest of Judgement shall be moved or assigned to be Error in any Declaration, Complaint, Bill, etc. or Plea etc. unless such matter be first showed where the mistake is, and how the same should be amended, as certain as if the same were amended, the Declaration, Complaint, Bill, Plea, and other things before therewith mentioned, were or should be good in Law. 23. And the like concerning Demurrers, etc. 24. That if any witness be sick and weak, or travelling beyond the Sea, or there, the party concerned may deliver to the contrary party a Bill, and require his Answer to the same, and he to answer within the time mentioned in the Proposals at large, and swear to it before the next Justice of the Peace; and after, or for default of Answer, the party to examine for the perpetual remembrance of men of the matter. 25. That publication may be in every Cause immediately, or some short time after witnesses examined, in such manner and form as is mentioned in the Proposals at large. 26. That the first witness, coming at the time and place of the Execution of every Commission, may be first examined. 27. That no stay of Suit may be by reason of any witnesses going beyond the Sea, unless sufficient matter be made appear upon Oath what such witness can say. 28. That tender of emends may be for walking with feet and upon a Replevyn after the in Pound, with damages and costs to that time. 29. That Distresses after Apprizement by Jury, if the owner of it doth not make satisfaction, or replevyn the same (within convenient time) the same may be sold, etc. 30. For returning of the names of the Bail and Caption with it upon the removal in to the Superior Court, and none other to be there put in. 31. That no Writ of Error be brought till after Error showed and allowed by some Judg. 32. For returning of impartial Jurors to try Causes, and for avoiding of Imbracery. 33. And a Remedy for giving too little Damages. 34. And against finding false Inquests, and chargeableness of serving Execution. 35. That if any person shall be summoned by Writ, or Warrant, to appear in Chancery, or such like Court, and shall not, than he shall be arrested, and detained not only until he shall appear, but also to stand to the order of the Court: And that if the Plaintiff shall give security to make restitution after the Defendant shall appear, and obey the Order of the Court, and a hearing be, than the Court may proceed to decree and sentence, and issue out Execution. 36. That such Actions, as usually upon motions have been drawn from Trial at London and Westminster into proper Counties, may be there laid at first, without troubling of poor men to come to London, some from the furthest parts from thence, to make oath to alter the Visne, begging to and going from the City, and there during their stay; during which times the Countries and Cities have been filled with Beggars, and their Country's Businesses left undone. 37. That no Beggarly Fellows or Shurks may make Executions against goods. Nor Writs for outing men of possession of Houses, Lands or Tenements. Nor delivering men out of prison for Debts or Duties, until they have satisfied the same. By permission of which, divers just Debts have been lost, and many thereby undance, and others thereby sustained great loss. 38. That no Beggarly Fellows may be permitted to plead false Pleas, unless they have or shall first put in sufficient Bail for payment of the Debt or Demand in question, or yielding himself to prison, or make or cause Oath to be made of the truth of such Plea, or of his ability to satisfy. 39 That Costs may be for the Defendants in Demurrers, after they have been perplexed, troubled, and put to great charges, and the Causes adjudged or considered of for them. 40. And the like in Prohibitions. 41. And upon issues of a Record or no Record. And furthermore, if the said 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 41. Proposals and Propositions were Enacted, extraordinary charges by multitude of Trials, Non-suits, Hearing, Fees of over numerous Counsel, Motions, Arrests of Judgements by Motions, and Reversals of the same by Writs of Error, and bringing Witnesses many times to Trials from far remote places from thence, and there staying long in expectance of such Trials, sometimes by the space of two, three, four, or five days, to the great charge and trouble of the party bringing them, in their maintenance and keeping them together, the same Witnesses having been sometime brought from the one of the Corners of this Nation to another farthest remote from thence, will be so abated and brought to that low ebb, that thereby will be yearly saved to such honest people much Money, which formerly every year by such means they have been unnecessarily put to in coming, as hereafter (for the plain understanding of the common people thereof) is expressed, and cast up to six hundred seven thousand nine hundred ninety and eight pounds' [607998 l.] It hath been observed by us, and those from whom we have received intelligence, that it is very certain that there be above eight hundred Parishes in England, besides Wales, the County of Middlesex, and the Cities of London and Westminster. And that there hath been usually tried for every hundred of Parishes twenty Causes or Trials at every Assizes both Winter and Summer, being forty Trials for every hundred of Parishes one year with another; and in troublesome Champion or open places and Counties many more, and in some of them double so many, as divers have said, and in very few or none less (though in enclosed and quiet places and Counties,) which amounteth to four hundred Trials for every thousand of Parishes, which cometh to three thousand and two hundred Trials in a year in the said eight hundred Parishes; twenty pound expense in every of which amounteth yearly to sixty four thousand pounds [64000 l.] besides the trials at london and Westminster, which yearly cometh to the sixth part of so much, being ten thousand six hundred sixty and six pounds' [10666 l.] and odd money. And in those places every year, Summer and Winter Assizes, as many and more causes have been taken out to be tried, but compounded before trial (the charges of every one of those tried amounting to 20 l. as before is mentioned, cometh to the said sixty four housand pounds [64000 l.] And those not tried, being as many in number and many more, counsel being retained in most of them before they be stayed, come to as much, being sixty four thousand pounds [64000 l. more. And in other Courts (which have been Latin Courts, or so called) there hath been usually so exacted and extorted as much or more than in all the other Courts before mentioned, as hereafter is particularly expressed for the clear understanding of all the people of this Nation, which amounteth to Two hundred two thousand six hundred sixty six pounds [202666 l.] odd money. All which for England only Four hundred five thousand three hundred thirty two pounds [405332 l.] And half as much in Wales and Ireland, besides all the Exactions and Extortions before mentioned, as there have been, and as it is feared will be again, if not prevented, being Two hundred two thousand six hundred sixty and six pounds (202666 l.) pa The Total of all which amounteth to six hundred seven thousand nine hundred ninety and eight pounds' [607998 l.] Some more to be saved may be gathered out of the said last mentioned Propositions and Proposals, but most of it is cast up in the bottom of those concerning Registers, etc. The Charges particular of every Trial one with another on both sides, calculated for the clear understanding of the common People, of the before mentioned Account, as followeth, (that is to say;) 1. In every one of those Trials one with another usually hath been expended by the Plaintiffs (besides the Defendants charge) three pounds. [3 l.] And by the Defendants one pound. [1 li.] 2. For Counsel at the Assizes the one with the other, on the one part 2 l. as much on the other, 2 l. (few or none under; some so expending for Counsel 20 l. 30 l. or 40 l.) So that such expenses in Counsel in every Cause one with the other may very well be accounted to amount to Ten pounds. [10. l.] 3. For Witnesses, to the number sometimes of thirty, at other times twenty, ten, or five, and seldom under, staying at the Assizes some of them four, five, or six days, and seldom under two days: So accounting in one of them with another to be ten in number, and to stay three days at an Assize, etc. each of them one with another to spend ten shillings in those three days, and so much in going to and returning home from such Assizes, some of them going from one of the corners of this Nation to another farthest distant or remote from thence, and very many going from their home to such Assizes thirty or forty miles, with hindering their businesses, which amounteth to 20 s. apiece one with another, some of such witnesses being of great quality or Trading: The Total, Ten pounds. [10 l.] 4. In Fees in Court one with another, one pound ten shillings. [1 l. 10 s.] 5. For making Breviates and Copies in such Causes, one with another, one pound. [1 l.] The Total of the charges in every Cause tried, twenty six Pounds and ten shillings. [26 l. 10 s.] And the charges extraordinary in Causes made ready for Trial, and Records thereof taken out and sealed (but not tried) amount to as much or more than of those tried, being many more in number, deducting the Court Fee in some not tried, being 30 s. apiece in every of such Cause; and 5 l. being half the charge of the witnesses in every of those Causes in their stay at the Assizes, in Causes there taken up by advice of Counsel, after they have had their Fees in the same: which account of these particulars made good, which is spent unnecessarily in such Causes tried, and made ready for Trial in the Superior Courts: All which, amounting to thirteen pounds five shillings, being half the before mentioned sum of the said twenty six pounds ten shillings, if the said Proposals last mentioned were Enacted, would clearly be saved to the honest people of this Nation. And concerning County, Corporation, Hundred, and three weeken Courts, the Calculation following of the charges extraordinary of Trials there will clearly evidence in the two hundred Corporations before mentioned, no less can be esteemed; in some of the Courts, there being three or four, and in divers more, (though in some few of them some Courts may have discontinued, or seldom been held.) And in every of them Ten Courts in every year (very many of them having more, some one or two or more almost in every week of the year) which amount to two thousand Courts in a year by this account one with another; many thinking many more such be. And also in every of those Courts one with another in every Court day may be accounted four Trials, and dbouble so many put off by such fraud and practices as be at large mentioned in the Preamble of the Proposals, (there being ten Trials or more on such day in many of these Courts) which amount to sixteen thousand. And in every of those sixteen thousand one with another there is caused expense extraordinary by such Monopolizers, and exacted and extorted from both parties to every such Suit, the one of them with the other, from the beginning to the end thereof, occasioned by practices and plots, in the said Preamble expressed, ten pounds; in some of them there being much more so exacted and extorted, and in divers so much or more than have been in any of the Superior Courts. And in the eight thousand Parishes, there is in every of them a Hunred Court, or Three-Weeken Court, held every three weeks in the year for every ten of those Parishes, which amount to eight hundred three Weeken or Hundred Courts in those eight thousand Parishes; besides a County Court for every of the forty Counties, held every Month for every of such Counties yeatly: In every of which Courts have been very few or none regarded by the Judges, Stewards, or Sheriffs there, or suffered quietly to practise as Counsel or Attorneys in such Courts, but such as are, or usually have been, were, or usually be, Under-Sheriffs, Deputy-Sheriffs, Bailiffs, or such like, (who usually side with, or are linked or allied to such Under-Sheriffs, Deputies, or persons, and partake with them in their Exactions and Extortions before mentioned;) and in some of such Courts they Monopolise as much, as in the Corporation, and other Courts before mentioned; by which means seldom any other, but such persons before mentioned, come to, or practise in such Courts; and thereby those Monopolising and siding persons do what they please in Suits in such Courts, and usually cause the Suitors in those Suits to pay what they lust; or otherwise to betray their Causes, and so defraud them, and by those means cause as much or more expenses and charges, and exact and extort in those Courts last mentioned more than in the Corporation and other Courts therewith before mentioned, which is cast up but only to as much. In the like Courts (which have been and are like to be again in wales and Ireland, if not prevented) there hath been such yearly Expenses, Trouble and Charges, Exactions and Extortions occasioned, to half as much as last before mentioned. Twenty Trials for every hundred of Parishes, at 20 l. apiece, come to four hundred pounds. 400 li. Double for Winter and Summer, eight hundred pounds. 800 li. For eight thousand Parishes, besides London and Middlesex, eight times 8000 l. is sixty four thousand pounds. 64000 l. A sixth part so much more for Trials in London and Middlesex, ten thousand six hundred sixty six pounds, thirteen shillings and four pence. 10666 l. 13 s. 4 d. Total, eighty three thousand eight hundred sixty six pounds, thireen shillings and four pence. 83866 l. 13 s. 4 d. Halfas much in those taken up after Counsel retained, Forty one thousand nine hundred thirty three pounds, six shillings and eight pence. 41933 l. 6 s. 8 d. pa For the Superior Courts the Total of all these, One hundred twenty five thousand and eight hundred pounds. 125800 l. Half as much for Ireland and Wales, Sixty two thousand and nine hundred pounds. 62900 l. pa The Total of England, Wales and Ireland, One hundred eighty eight thousand and seven hundred pounds. 188700 l. Two hundred Courts in a year in every Corporation, eight Trials in every of them one with another sixteen thousand, ten pounds expense in every of them cometh to One hundred sixty thousand pounds. 160000 l. As much in County, Hundred, and three Weeken Courts, One hundred and sixty thousand pounds. 160000 l. Total, Three hundred and twenty thousand pounds. 320000 l. Half as much in Ireland and Wales, One hundred and sixty thousand pounds. 160000 l. Total in all Courts, Six hundred forty eight thousand and seven hundred pounds. 648700 l. 42. For recording of Conveyances to preserve Purchasers from being defrauded of their Estates (purchased for money) by former Sales of the same, or Statutes and Judgements, or such like Encumbrances upon the same. 43. And for prevention of Executors and Administrators from being put to pay Debts out of their own Estates, to their undoing, after they have paid as much as the Testators or Intestates Estates have amounted unto. 44. And for saving of many Debts, which Creditors, Devisees, and Legatees have lost, and like to lose. 45. For Preservation of many Ships, which have been fraudulently overcharged with Engagements upon the same (called Bottomre) by wicked and unconscionable Persons sailing in the same, and after by them wilfully run aground, and thereby (besides the loss of the Ships) the Creditors defrauded above the value thereof. If these 42, 43, 44, and 45, were Ordained, there would be no less than one million [1000000 l.] besides twenty thousand pounds [20000 l.] in the abatement of the charge of Conveyances, yearly saved to the honest people of this Nation, (as we are informed by most with whom we have conferred about the same,) for then could no man be so defrauded as formerly; but such things would be prevented in manner and form as is mentioned in the several Propositions and Proposals at large published concerning the same: for now of late few can rely upon the Oath of any, to a Bill exhibited against him in Chancery, for discovery of Encumbrances (which hath been formerly accounted a good course before divers unconscionable people have grown too crafty,) many false Oaths of late having been made to such Bills, and the parties thereupon relying, defrauded of many great sums of Money: And divers people (who have continued in Debt several years together, and some of them borrowed Money (upon Lands and Tenements of griping Usurers) for far less than the value thereof) have been constrained to forgo the same for so much only, by reason such needy persons use to encumber such Tenements with Bargains, Sales, Leases, Annuities, Statutes and Judgements, and other Encumbrances; that few dare meddle with the same, but at an undervalue, sometime at half, and at other times at less than the value thereof: and divers (who have dealt with merciless Creditors) have had their Woods cut down, and sold at a very small value, and their houses demolished, and their Lands and Tenements extended at small rates; and thereby many others of the Creditors have either lost, or come short of their Debts; and such poor people, their wives and children, utterly undone: All which the Enacting of those Propositions would prevent; and save many ships from perishing, and preserve many Executors and Administrators from undoing (by paying Debts out of their own Estates, after they have formerly paid as much as the Estates, which have been of such Testators and Intestates at the time of their deceases, came to;) And many Creditors of other such Testators and Intestates from losing their Debts. 46. That poor Prisoners, not able to pay, may be let out, till they shall become of ability. 47. That the Estates of Prisoners of ability may be sold to satisfy their Debts, notwithstanding their lying in Prison. 48. And that those lying in Prison, and fraudulently concealing their Estates; or which wilfully shall consume the Estates (which they shall get into their hands) of others may be strictly held to work for the benefit of their Creditors, till satisfaction given, or agreement made with them. If these 46, 47, and 48, Propositions and Proposals were Enacted, then would be saved to the honest people of this Nation to the value of three hundred thousand pounds [300000 l.] at least, yearly hereafter; besides yearly saving of Debts (which formerly every year have been lost) to as much, as we are informed by most, and by others to as much more, and by others to double so much; there being, or usually having been, as we are informed by those (who speak to the least) the number of twelve thousand Prisoners yearly; every of which Prisoner one with another wasteth and consumeth yearly above 30 l. which amounteth to three hundred and sixty thousand pounds [360000 l.] of which will be saved to the honest people of this Nation above three hundred thousand pounds [300000 l.] Besides the prevention of Frands (which usually have been hatched in Prisons, by long Liars there) whereby divers have been utterly defrauded of their just Debts, Duties, Demands and Damages, amounting, as is esteemed by some, to so much, by others to double so much; All which, and the Remedy thereof, more plainly and at large are printed and published. By these, as they who guess lowest esteem, saved yearly, Three hundred thousand pounds. 300000 l. Besides loss of Debts and Damages to as much, Three hundred thousand pounds. 300000 l. By the mean as much more, Six hundred thousand pounds, besides etc. 600000 l. By the highest to triple, Nine hundred thousand pounds, besides etc. 900000 l. 49. That a Demand in writing (and no Denial to that by the party sent to) may continue an Action without speciality, and may be sufficient for that purpose, as well as to commense chargeable Actions to Infinites, to the utter undoing of many; very many, by the nicety of the exposition of the Statute in such case provided, having lost the greatest part of their Estates. If this in the said 49th were Enacted, we conceive, and are credibly informed, would be saved (besides in unnecessary Expenses in Suits) by the preservation of many from the losing of many just Debts, Duties and Demands, to the value of many thousands of pounds yearly, as we conceive, Two hundred thousand pounds, [200000 l.] 50. For the Enlargement and Explanation of the Statute against Bankrupts, and that it may be, that after the appearance of the Bankrupt before the Commissioners, he may nominate and have an equal number of Commissioners for him to be joined with the other to speed on the business, and save charges, and see fair carriage, ☜ that the Bankrupts Estate may go and be employed to and for the satisfaction of the Creditors, and not wasted by Commissioners in feasting and wine, and the Creditors little the better, as often hath happened. If this Fiftieth were Enacted, it would save half of that, which usually is spent in the Execution of Commissions upon such Statutes, and more, (many having been undone thereby, both Bankrupts (or so supposed) and Creditors) which amount to many thousand of pounds yearly; besides the prevention of divers Injuries and Wrongs, which have been done by many insolent and wicked People of mean and beggarly condition (some of them having been Cutpurses and Thiefs) by breaking into Houses, and carrying away the Goods of divers quiet People, wounding and maiming divers of them, and offering great violence to, and affrighting others of them, by colour of authority of such Commissioners; whereby many such quiet People have sustained loss to great value, which we are informed, and do believe, with the other Expenses which hereby may be prevented: But the Proposition for Foreign Attachments in the former Proposals mentioned, and that for Writs of Justice after recited, together with some other of the Propositions and Proposals, will render most Commissions going out upon those Statutes unnecessary, and thereby the greatest part of the excessive charges exacted, amounting to many thousand of pounds yearly, reserved for the benefit of the Honest: wherefore we forbear to make further inquiry of the certainty to be saved by the residue of such Commissions as hereafter may be useful, if, this Proposition should be Enacted, though we are informed that so to be saved will amount to many thousand of pounds more; the Sum to be saved by the residue amounting to so much, and rising so high, as before is mentioned. 51. That Judgements and Statutes may take hold on Copy or Customary Lands, and be liable to and for the satisfaction of Debts, as far as they are by the Statute of Bankrupt. 52. And also of Debts and things in Action. If this in these 51, and 52, were Ordained (we are informed, and do conceive) would thereby much more be saved over and above that which would be saved by the former: But there being so much to be saved by those (as in our thoughts is high time to remedy) we forbear to cast up what may be saved by these. 53. That Parliaments, or Representatives, may be chosen by the love and affection of the honest People of this Nation, capable for such choice, without trouble or charge to those to be chosen, and very little to those to choose. If this were so, then would not any be at such charges about their Elections, as many have been, some having been at the charges of 400 l. 500 l. and some 1000 l. or more, about their Elections to such employment; which, as many conjecture, in the choice of the whole number for one Parliament, hath amounted to one hundred thousand pounds [100000 l.] being divers (who have been at such expense) have been laid aside, and others chosen for such employment. 54. That no Felons may hereafter be put to death for petty Felonies (the same having been more frequent in latter times then in ancient,) and being not so rigorous in other places, but that for such petty things they may be compelled to give to, and work for competent satisfaction for the parties to be grieved in the first place, and after for the benefit of the State; which will more benefit the Commonweal then taking away their lives, and prevent more such Felonies. 55. That Taxations of Parishes may go equally upon Estates, both Real and Personal, of every one alive respectively, according to such Respective Estates and Debts owing to or by any, that the poorer sort, or strangers, may not be oppressed, as hath been too frequent. 56. That Tithes may no more be paid or exacted out of errable Lands, nor in any unreasonable manner. All which Propositions and Proposals, not yet published, are ready to be printed and published in convenient time. The Sums of Money which may be saved to the Honest of this Nation every year hereafter, as formerly yearly have been exacted and extorted from them; And of yearly Losses of Estates prevented hereafter (which in those former times annually have been,) as they are respectively cast up in several Places before mentioned. LOSSES in Estates prevented By the Propositions and Proposals respectively hereafter recited Money exacted and extorted, Saved. 1557338 li. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14. 778669 li. 15, 16. 216000 li. 17, 18, 19 648000 li. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41. 648700 1000000 42, 43, 44, & 45. 020000 0300000 46, 47, & 48. 300000 0200000 49, 50, 51, 52. 0100000 53. Tot. 3157338 l. The Total of Money saved, and Losses in Estates prevented 5768707. l. Tot. 2611369 l. Three millions one hundred fifty seven thousand three hundred thirty and eight pounds. Five millions seven hundred sixty and eight thousand seven hundred and seven pounds. Two millions six hundred and eleven thousand three hundred sixty and nine pounds. Here follow Ten Additional Propositions (in supply of the former) with our Observations upon the same. 1. THat no Monopoliser, but any (who have practised or shall practise as Clerk by the space of seven years or more in any of the Superior Courts, and no Exception sufficient to disable him in that behalf) or other (who have practised or shall practise in such Court a less time, and be accounted an able Clerk in such Court for drawing and contriving any thing in or concerning the same Court, and to be honest in his deal) may draw, or contrive, or act any thing properly to be done in such Court by any Clerk; and that if any Monopoliser take upon him to exact any thing for acting in that behalf, and to exclude any from having any other but himself for his Clerk or Attorney, such Monopoliser to forfeit to the party grieved the value of the just Debt or Duty, for which he shall go about to prosecute. By this, if the same were Enacted, the Offices for making Writs under pains, and Affidavit Offices, and divers other unnecessary Offices, would be rendered vain and useless, and proceeding in Suits gone through with more ease and less charge, and understood by many more than can be now; the Monopolising Officers in such Offices having contrived such contrarieties of proceeding in them, that few or none can or could understand the same, without the assistance of such Monopolizers, which they have usually kept secret from all, except their associates, or creatures in whom they use to put confidence, and from whom they use to receive Rewards, or as they more fitly may be called, Bribes, without discovery thereof to any; and these and those know the meaning of each the other, (that is to say) the one of them by the looks and countenance of the other of them: And such Officers, or Jacks in Office, have been very insolently proud, and accounted ignorant in any thing, but contriving of means for support of their Exactions and Extortions; And when they have overthrown many good Causes by their own neglect, or wilfully for their own gains, they have laid the fault upon the Prosecutors of such Causes, who have been honest and careful therein; and who by the favour, which such Officers have gained of their Superiors, have been kept so under, that seldom they durst complain in that behalf; and when they have complained, have been seldom heard, relieved, or believed, though they have made the matter never so apparent and clear. 2. That the matter to be answered unto, of all special Writs, may be put into Bills, Plaints, Declarations, Counts, or Informations, as large as such Bills have formerly been used to be made, and that to be and stand for all Bills, Declarations, Counts, and Informations, (which shall be in the same till the matter of the same be or shall be tried,) and that the Writs (which be or shall be made concerning any such matter) shall be made against the parties (against whom the same be or shall be sued out) to appear to and answer the matter of such Bill, or other thing therewith before mentioned, or to do or perform as by Law ought to be done concerning the same; and that every Sheriff (to whom the same be or shall be directed) shall do as he be or shall be commanded by such Writ, and return the same into such Court, from whence the same shall issue with such Bill, Declaration, Count, or Information therewith sent or to be sent. Then would all the Cursitors be rendered unnecessary, most of them (as is generally reported) not knowing how to do any thing but what is contained in the Book called The Register of Writs, which every Clerk of ability knoweth how to do, as well or better than any of such Cursitors, who have lately gained much for doing little, they being formerly only servants to the ancient learned Master Clerks, who themselves in their times lived only upon small Pensions or Salary allowed them out of the Public Treasure, and had nothing else for doing business in their Offices, their Means being so small, that in a dear year they were constrained to Petition to the King for a penny in a day allowance more, and having obtained the same, and the dearth expiring and plenty following, they became to be so negligent and lascivious, that Suitors could not have their businesses dispatched as formerly they had, whereby the people petitioned unto the King to have that superfluous allowance taken away; but they being part of the Clergy held as a Maxim to hold that which was given to the Church, and not to departed from it, whereby Address and Complaint was made to the Pope, who decreed, That if they did not follow their duties as formerly they had done, they should have corporal punishment by Gelding; ☜ and this hath been always the fruit of superfluous allowance to Officers: for since the Expiration of those ancient learned Master Clerks, when any special Writ hath been to be made in the Office of or by such Cursitors, if the Prosecutor thereof hath not procured the same to be drawn by learned Counsel or Clerks, they seldom or never could have any of the same done by any of such Cursitors, and few or none of such Cursitors have been heard of to be of ability to do any such thing, since the Successors of Master Clerks, now called the Masters of the Chancery, have been taken up in matters of Accounts and References of great benefit, and yet one part of those who formerly were their puples or servants (now called the Six Clerks) have far out stripped them in wealth, by doing nothing beneficial to the Public, but mischievous. And now such Masters of the Chancery are become so unfit for the Employment, as the ancient Master Clerks have done, that they are altogether ignorant in performance of the same, and useless as to that; and so consequently all the Cursitors, Philazors, Exigenters, and Clerks, and office of Utlaries, rendered totally needless, and therefore such Offices may well go to better Employment. 3. That all Writs Judicial hereafter may be made out of every Court by some of the Judges there, his or their Clerk of the Court, proper for making or issuing forth of such Writs, or at least by one of them, if ready written, examined, and rejected if ill done, and approved of and signed if well done, without taking any thing for so doing. And this may such Judges very well afford to do out of the large Salary allowed to them, and live civilly as their Predecessors did, when they road from the Sergeants Inns to Westminster Hall and back again upon Asses, To show they ought to be humble. and not to vaunt as some have done, nor to hoard up much as others have done, who with their Favourites and Creatures have gained excessively by the Law before, and grew mighty in riches, as did the Papal Priests before their fall, (who in their times gained a great part of the best Lands and Situations of this Nation by Combination, Craft and Subtilty, by lulling the people asleep in ignorance and blindness in their vain Superstition, pronouncing Hell and Damnation with Bell, Book and Candle to all who did not observe the same, and thereby brought the people into a belief of them,) for since that fall, those (that is to say) the Judges and their favourites, have far outrun these Priests, in gaining riches in an excessive manner by gripping of very many men, (divers of whom having been very indigent persons,) and have climbed up and leaped into most of the Lordly Titles and gainful places and offices in this Nation, and therein and thereby have domineered, tyrannised over, and oppressed the honest people, and gained the favour of fawning, flattering, and lascivious Courtiers by rewards, which they have given upon their entrance into and upon the extorting, exacting, innovate, unnecessary Offices in this Nation, to such lascivious and fawning Courtiers and Sycophants, who, notwithstanding that which they had of them at the first, have caused such Officers, and great persons, and inferior innovated Officers under them, to bleed every year, ☜ and vomit up part of their Extortions and Exactions, to continue them in such their pride and lust; and in those ancient times the Sergeants, or Servants at Law, though they were very learned, and far excelled many which have been since, and took great pains and care, received very reasonable for the same, and yet were glad when Clients retained them, and used them mildly, Their Fee in ancient times but ten groats for a Term. and had great care of their businesses, seldom times any Lawyer taking above one Fee in one Cause in a Term, notwithstanding such care and pains; for than they did not cause men to stand Cap in hand, and scrape legs, and beseech them to take their money, and then to take large Fees of them; most commonly twenty shillings, and many times more, and divers times many pounds, and divers and sundry times have done little, and sometimes nothing at all for the same, nor came at the Bars at all at the times and places where and when they were to speak according to their Retainers; and yet when some few of them have been required to restore the money which they so have taken, they have been so impudent as to refuse, and have denied to restore the same, saying to the Clients, ☜ it was enough for them that he were not against them, and chid them away, who have not dared to complain against such Lawyers by reason of the favour which they have had with great Parsonages, to whom properly such Clients should complain in that behalf, being in great places, and having acted such things before they had climbed thither, by which means many have been ruined, out of whose decays such Sergeants and Lawyers of late have made, at their entrances into their offices or places, princely Feasts, at which they entertained many Sycophant lascivious Courtiers, and thereby so ingratiated themselves with those and the lordly persons of this Nation, that they have come to such powerful and gainful places as is before mentioned, and as is reported were the chief Procurers of a Law to be made, whereby they be styled the honest Sergeants, etc. and that nothing shall be allowed to any Attorney for any thing given to any Lawyer, unless he hath a Ticket or Note under the hand of such Lawyer to show for the same, which whether any, or any considerable number, did or would give any such thing of late, any reasonable man may judge; for it is doubted they are ashamed to give any such Note, their Fees having been of late so large; but by these means the poor Attorney is kept in a slavish condition, that he dareth not speak what he knoweth, for fear that if his Clients (who will not willingly pay for what he paid to such Sergeants and Lawyers) but he be constrained to sue for the same, and cannot fright his Clients into payment, he shall surely lose his money before he can obtain such Note from any such Lawyer: And now of late the Attorneys are not permitted (as anciently hath been used) to read Records at Assizes, when there have been very few Records Nisiprizes tried in some Counties (where many of late use to be tried) not above one or two in two or three years, it having been a wonder to the people in divers Counties to hear of such a thing tried there, and in those ancient times there seldom or never was any Counsel on either side at such Trial, but the Judges (being then very learned) caused the Attorneys to call their Clients Witnesses, and he diligently examined them in the presence of the Jury, and after full evidence heard, informed the Jury what he conceived they were to do, according to his duty, in which such Judges in those days were very diligent, and did not sit sleeping while the Evidence were giving, and leave the Debate of the business to many Counsel on both sides to wrangle and scold out the matter, which often hath been done in such manner, as the Juries have found against the right, as hath appeared afterwards. 4. That all Records, which shall be needful to be made and bound up into Books or Bundles, shall be written by the Clerk or Clerks of some of the Judges of such Court, or Examined and Signed, and done within such manner and form, as is mentioned in the said third Proposition, without taking any thing for the same. And this may such Judges very well afford to do, or cause to be done, out of their great Allowances or Salaries which now are given and allowed unto them, as well as the former; for in ancient times when the former Judges had but small Salaries (in respect of that which is now allowed to these Judges of late) the Records for a Term in one of the superior Courts might be put and carried in a man's pocket, being but one single bundle of Rolls, containing about twenty or thirty Rolls, and yet some of them fraught with many Continuances, (most of which long since have been rendered useless by the Statute of Jeofailes;) But now there be thousands of Rolls in some one or more of the Terms in the year in some of such superior Courts, containing three great Bundles of Rolls, so much as two or three Porters can conveniently carry on their shoulders, the most part of which containing vain Entries, Imparlances, and Continuances thereof, and of Process of Philazers, and Exigenters, and Continuances thereof, and Counts, and Declarations, and other Plead upon the same, which after have been again recorded in a superfluous manner, and other things which might very well have been forborn, being only contrived for the only gain or Exactions of Prothonatories, Philazers, & Exigenters, their Clerks, and other Clerks; which Records (without the expectance of further gain of such Officers) in every Court might be contrived to be so short as formerly they have been: For now in Criminal Causes against Felons (who be to lose their lives) the Clerks (who draw and record the Process against them) have done and can do and contrive all the matter against such a Felon so short, that about eight or ten of the same usually have been written in one hour; but if any Criminal Cause have come in question not touching the life of man, such an one hath been put to excessive charges, especially when the Cause hath been removed into the Capital Office (formerly called the Crown Office) where they have been squeezed to the purpose by being compelled to pay for writing of Records several times over more than necessary, and to pay sometimes double, and at other times triple so much, as for Records are usually paid. 5. That there may be a Seal (as anciently there hath been) in some peculiar place, to be for every of the Courts before mentioned, to be come to at all times of every working day, by any Clerk of every such particular Court so to be approved of, or allowed, as before is mentioned, there to seal with the same any Writ of course, without paying or giving any thing for so doing. If this were done and Enacted, then need not any man stay so many weeks for a General Seal, and sometimes pay 5 s. 10 s. 20 s. 30 s. or more, for a private Seal, as too often hath been used, and the Monopoly of the Green Seal Offices and Officers thereof abolished, and the Great Seal to be only for such things as shall go or pass through the hands of the Attorney General, or Solicitor General, and approved by the State. That such Attorney and Solicitor might only attend their places for their Salaries or Pensions as formerly, and now in some other Nations, and not intermeddle with any other thing, in putting poor men to excessive charges in retaining them for their counsel with extraordinary large Fees or rewards or others powerful with such Fees or rewards to balance them, or otherwise such poor people have been utterly crushed, though their Causes have been never so just, and many such poor people (who have made very hard shift to procure money to retain such counsel) have thereby been much impoverished, and never recovered it during their lives. And if these things were observed (as anciently) by the Attorney General, and Sergeants, Solicitors, etc. of this Republic, then would they attend the public business of this Nation only, and not be entangled with any other, and grow expert in State business, as well as those in such like Employment in other Nations: And then if this were performed, and other the best learned of this Nation put to their Salaries only, and held strictly to their duties, in a short time this Nation would exceedingly flourish, and (all self-end-gain being laid aside) would be a means to bring the most wise and judicious of this Nation to become honest, or at least to join with such as be or shall be so; and than if the Advice and Directions of such be observed, there can be no doubt but this Nation may be as happy, or more than any other, and be a pattern for them. 6. That after any Writ of Justice, with such Count, Declaration, or other thing therewith, before mentioned, be or shall be delivered to any Sheriff or Sheriffs, his or their Deputy or Deputies, he or they shall or may be Authorized to seize and take the , Goods or Chattels of any against whom the same be or shall be awarded, and keep the same until Judgement and Execution be or shall be upon the same, or sufficient Sureties or Manucaptors found by the Defendant or Defendants in the same, to satisfy the Debt or Demand which shall be recovered upon the same, and that such Sureties or Manucaptors shall be liable so to do, or attach or stay any Debt, Duty or Demand owing or due to the Defendant in such cause by any other or others, and that recovery upon such Writ of Justice, if the same be not satisfied by such Defendant, such person from whom such Debt or Duty shall be due, shall satisfy the same, and that the same course may be taken and the same proceed in any of the superior Courts usually held at Westminster. By this, if the same were Enacted, may be gained in many sums of money very cheap with ease and speed, and many chargeable Trials abated or taken away, and many such like Debts and Duties saved, which formerly have been lost by reason of many wilful delays and fraudulent practices of Sheriffs and their Deputies. 7. That in all such Causes (wherein Rule or Orders of course have been usually given) a general Rule or Order (as anciently hath-been) may be made in all Causes of the same nature in every Court. If this were Enacted, the Monopoly of offices of Registers, and Drawers and Enterers of Rules and Orders, and the Officers thereof, would fall, and thereby many intricacies and doubts in proceed taken away, whereby the people may the better understand the prosecution in their Causes or Suits; and they, or their Attorneys, or Solicitors, boldly ask or demand their Rights, without fear of them, or their Superiors, and go cheerfully and with ease about their business, and have the better knowledge of the proceed thereof, and not to be troubled to wait or attend▪ or be checked or contradicted by the cheating proud Officers in such Offices, as they have been too often many times in divers Causes and Suits, their Attorneys or Solicitors having been checked and taunted at, and made (as if it were) slaves by such, for matters of Proceed and Entries in such Offices happening amiss, which have been occasioned sometimes by the negligence, at other times by the wilful mistake of such Officers, for their own Exactions; whereby divers proceed in such Causes and Suits, after much charges and trouble in the same, have been avoided, and the parties to such Causes and Suits put to new trouble and charges about the same; and yet, by reason of the powerfulness of such Officers in such Courts, no remedy hath been had against them, but such poor Clerks, Attorneys or Solicitors checked by some, and jeered at by others of the Associates and Confederates of such Exacting Officers, for the knavery and neglect of the same Officers. 8. That a certainty in general of Costs after every Judgement of every respective nature given or pronounced in every Court may be, and that the Judgement may be entered accordingly (as anciently hath been, before useless innovations crept in) without waiting on Prothonatories, or their Deputies, unless in some extraordinary Causes, and then if the same be not, nor shall be agreed upon by parties on both sides after Notes delivered each to other, in manner and form as is before mentioned in some of the former Proposals or Propositions, then, and not before, the same to be ascertained by such Prothonatory or Deputy, or moved for, to such Court, and thereby done and perfected; or that four or more of the ancient Clerks of every Court, to be esteemed of most ability and honest, may sit every Term for every of the Superior or such like Courts termly held in Office of the same, and there two or more of them sit two or three hours in every Juridical day in the afternoon, and hear and determine (if they can) the doubts of and in every Cause which shall be brought before them, in which never a one of them shall have any interest (as in divers Courts have been anciently) or otherwise to certify their Opinious thereof to such COurt: but this to be only for such Causes in which the Suitors and their Agents be so ignorant, that they be not able to draw or procure the drawing of their Causes into writing, according to the before mentioned Propositions. If this wre Enacted, then need not Suitors in such Courts, or their Attorneys, wait so long upon Prothonatories, or their Deputies, to have or procure Costs after Verdicts or Inquests to be signed, very many times such Attorneys waiting long upon such Officers bareheaded in the cold, like Slaves or Vassals, as Counsel use to do, to be heard to move at the Bars: And then also may Suitors have Attorneys or Clerks, who never use to give, but abhor giving gratuities or new-years gifts (or as they may more properly be called, Bribes) to any of such Prothonatories or their Deputies, cheerfully, without trouble or slavish fear, procure Judgements after such Verdicts and Inquests to be entered or signed, without giving to such Attorneys or Solicitors, who have used and do use to give such rewards, gratuities or gifts, and to give unto them excessive Fees and other great rewards, to have great and extraordinary Costs taxed, which by such means usually have been accomplished by such like Attorney or Clerk, who for the most part have been of the more ignorant sort in Clerkship, they only having betaken themselves to, and studied to perform such things, and neglected Clerkship; and for such knavery, and knavish intentions, have been had in higher esteen, than any houest and learned Attorney or Clerk, which hath brought an Odium up the Law, Clerkship and honest Lawyers and Clerks of this Nation, who have detested such unlawful actions and inventions, and gone on in their business in an honest and ordinary way, and not (as such knavish and dishonest Attorneys and Clerks have done) learned, or gone about to leam, the meaning of the Takers or Receivers of such rewards, gratuities or gifts by their looks, in such manner as Solicitors have done of Masters of the Chancery, and other Referrees and Favourite Counself of those beofre whom they have moved, and used to give such Rewards, Gratuities or Gifts. And besides, Judges may very well, out of such their large Salaries, provide such Prothonatories and pay them; for now they have and hold their place under the chief of such Judges, who formerly had a larger Salary than any of the other, sufficient to pay for writing; all which then in such Courts was necessary to be written, of which there is no other doubt to be made but it was that ways employed, and then would all references be speedily ended at every particular time appointed, and none to stay or wait long the one after the other, as hath been usual for several days the one after the other, and then there would not be so much weight laid upon one man's back, being almost enough to break the back of a Miller Load-horse; but this to be for such Causes only in which the Suitors and their Agents be so ignorant, that they be not able to have the doubt in their Suit to be drawn into writing in the nature of a Case, in such manner and form as is mentioned in the before mentioned Propositions or Proposals for that purpose: And this course will encourage many ancient Clerks to be and endeavour to be learned and expert, as they have been in ancient times, when they have instructed the Judges when they have been mistaken, and have spoken to the Judges in those times with boldness, and by them have been patiently heard, and their Instructions observed by the ancient Judges in those times, who were mild and meek, as formerly hath been mentioned, and used not to check, munt, snarl at, and dash Practizers and Clerks before them out of countenance, as hath been used of late, and by some who have been negligent enough at some times, and have at the Trials in some Causes, and having been overcharged with— uttered up that— in an unseemly manner, and at other times have jeered honest men out of their just Causes, and have daunted their Witnesses by jeering and otherwise. And also, if this oighth Proposition were Enacted, then would the common uses of Attorneys, and especially of those coming from places far distant from Westminster, be prevented, which have been as followeth, (that is to say) in their Travels to and from Westminster they have (as it were) hanged and drawn among themselves; for when they have met at their usual Inns, Thiefs dividing the spoil. they have agreed to go to Trials and enter Judgements in as many Causes only asby Information of one another they have thought would be searched for or after, (having not been above the tenth part of their Causes,) and yet they have caused their Clients to pay for all the other, as if Trials and Judgements respectively have been in the same, and as if they had paid unto the Monopolising Officers to the most, according to their Extortions: One cheat dcceiving another. and by such means they who could keep themselves from being questioned by such Monopolizers for taking that which they clairned to belong to them by giving Rewards to the Favotites of their Superiors to work them off, such Reward-givers have grown great in Riches, unto which such (who have not been skilled in such subtleties, or have been learned) have never attained. 9 That any such Clerk before mentioned may write the whole Record, which any person shall have to be tried at any Assizes, upon any Issue or Issues joined or to be joined in any such Superior Court; and that the same may be examined as before is mentioned, and signed, if well done, in such manner as before is mentioned; and that he or they so examining, or signing, shall take nothing for doing the same; and that a common form shall be contrived for Writs in every such case, to be affixed to every of such Records, Authorising and Commanding the Judges of such Assizes to Try or hear the Trial of such Issues, and to do all things for a Judge necessary to be done about the Trial of the same. For this may the chief Judge or Justice, or any other Judge, do, if they will: for in the Statute, whereby such Trials were created, it is Enacted, That such Records to be tried should be sent to the Justices of Assize, to be tried by the Court or chief Justice thereof, where the Cause to be tried is depending, and no Fees set what, they should take for the same: whereby it may be clearly gathered, that the intent of that Law was, that such Records should be sent down into the Countries to be tried (without such charge as now, by making new Records thereof, for which there is no mention made in the Statute) and after returned thither for Judgements to be entered upon the same, which may very well and easily be done, if the particular Records of every Cause might be distinctly kept by themselves, and Filled together, and not to be bound up in Books or bundles, till after final Judgement or sentence: and why may not any man have his Judgement entered upon the same Record, to be kept and filled, and not to be at the charge against his Will to have them written again, most of them being either satisfied or paid shortly after Judgement entered? But if any new precedent happen, than it is and will be convenient that all the proceed thereupon should be entered at large, and bound up into books or bundles, but at the public charge only; and then care will be taken that no such books or bundles shall be stuffed with superfluous matter, and thereby made long, and the State be put to unnecessary charges by such Entries, and the People to much trouble in searching for Records in such Court; and as concerning the Examination of such Records. and Proceed, there will be little need, if the Propositions or Proposals for Amendment of Proceed in Law do take effect. 10. That if any Sheriff, Bailiff, or Sergeant at the Mace, shall require, exact, or take any excessive sum of Money of any (who shall desire or require him to execute any Writ or Warrant, according to his duty, when he may attend the same; and go about it without danger) then shall such Sheriff, Bailiff, and Sergeant, forfeit and lose to the party grieved thereby, the value of his just Debt r Duty, for recovery of which by such Writ he prosecuteth. And that if any such Officer shall take or exact any excessive Money of any Debtor or Defendant (by colour of staying or waiting, or for Lodging or Diet) whereby such Debtor or Defendant is disabled to satisfy the Creditor or Demandant his Debt or Demand, than such Officer to forfeit to such Creditor or Demandant ten times the value of that which the said Officer shall so exact or take. If this were Enacted, then neither would nor could such Officers afford to buy their Offices at such dear Rates as they have used of latter years, for making up of which they have used great and grievous Extortions, whereby many poor people have been utterly ruined, and others much impoverished, and divers others put to excessive charges and trouble, to as much or more than the value of that which they sued for; such Officers most commonly, when they have had Executions to serve, having exacted of the Prosecutor sometimes half, at other times a third, and most commonly a fourth part of the Debt or Demand, before they have or would serve such Execution against the goods or body of any; and when they have had Writs to deliver to any, possession of Messages or Tenements, they have usually taken and exacted of the Prosecutor one years Rend thereof, or security for the same, before they would go about it; and besides, if the Prosecutors have not by themselves or Solicitors danced attendance, and waited on such Officers, they neither have nor would serve such Executions, until towards the end of the year of their remaining in Office, taking Bribes in the mean time of the Defendant for forbearing such Execution; and those, who have made it (as it were) a Trade to be such Officer or Deputy from year to year in onc County or other for many years together, and having by their secret Combination, Practices and Confederacies with their Agents or Brethren in Iniquity, have by themselves, their Allies, Servants, or private Creatures, took the benefit of the most part, or a great part of the benefit of such Offices for divers years, and have grown so cunning and subtle in the same, that they have so seeretly extorted and exacted great sums of Money by colour of such Offices, which none but such as they, could discover; whereby they have given, and could afford to give for such Offices, more than any honest man, whereby seldom or never any honest have meddled, or would meddle with any such Office, and therefore such Officers (so commonly continuing in Office) have taken as it were a yearly Rent of many Out-liers and Fugitives in their Counties, skulking and lurking there, and never would arrrest nor have arrested them, unless the Prosecutors or their Agents have been at their heels; and by these means many just Debts have been lost by delay, and the parties so lurking, and skulking, and bribing, spent as much or more than would satisfy the Creditor, and utterly undone themselves, their wives and children, in so living in expense and idleness for many years together. And then also would be prevented the occasion of such Sheriffs, and other Officers before with them mentioned, exacting and extorting such great Sums of Money out of many poor Defendants (who have not so bribed such Officers, and against whom such Officers have had Executions) † A Sherift lately seized in Execution a Barn of Corn worth 40 l. he set one man to thresh it, and two Bailiffs to oversee the work, who sold the Corn to maintain themselves with good drink and victuals; so that the Barn of Corn paid but about forty shillings of the Debt. The said Sherist lately seized upon a Defendants Cows, Horses and Sheep; the Cows brought in daily profit by their Milk, the Horses by their daily working, (so long as they were able to go on their league,) the Sheep by being folded: every night and kept in the common field, where the Sherift had no right of common,) yet the Defendant, when he redeemed his , was compelled to pay for all their keep, as if they had done nothing but gone in Pasture-ground. by selling the and Goods and Chattals at under-rates, some to half, at other times to less, of the true value thereof, to some of their Agents, with whom (by secret combination and practice between them, which neither hath nor could be discovered) they have shared and divided the spoil, and at other times by working and labouring , and using and employing the Goods and Chattals of such Defendants to and for the use of them and their Associates, whereby the , Goods and Chattals have been much impaired, and some of them spoilt or quite worn out; and yet many times such extorting Officers have been so impudent, and void of all conscience or honesty, that (if the business be compounded, so that such Defendant were to have such Goods, Chattals and again) they have caused such poor Defendants to pay great Sums of Money for the keeping and Stowage of such Goods and Chattals, and feeding of such . And then such extorting Officers would be prevented of their continual usage of defrauding many poor people (who have come to them for Writs, and others to whom they have offered themselves to sue out Writs for) by going to ignorant Attorneys or Officers (who know the course of Actions as little as themselves) to take out such Writs in Trespass, when the Causes have been for great Debts or Demands, who sometimes have made forth such Writs, and thereby such Officers have Arrested divers Defendants (of whom, or their Sureties, they have taken good security for the appearance of such Defendants) but after (by reason of Bribes given to such Officers by such Defendants) such Officers have sometimes forborn to tell such simple people (who have so first gone to such Officers for such Writs, before they have advised with, or acquainted any honest and learned Counsel Clerk or Attorney in their Causes) of such Arrest done, till after such Defendants have appeared at the day of their appearance, and either foisted in common Bail, for want of marking the Rolls, or calling for good Bail, or otherwise: in some Courts have nonsuited the Cause, and obtained Costs against such simple people, both which have usually been done and allowed by the course and practice of the Superior Courts, or otherwise (when such appearance and good Bail hath been called for) such Officers have forborn the return of such Writs and Warrants thereupon, and Bonds many times half, at other times a whole year, and divers times several years, and some of them after the return of such Writs have stood out Amerciaments for as long a time, and divers times till many Debts have been lost, and such Amerciaments have not redounded to the benefit of the Suitors, but to the King, or etc. and after such Officers have stood out so long after appearance, they have got off such Amerciaments for very little. And some of them have bragged and boasted, that they have obtained Patents for the benefit of Amerciaments within their Jurisdictions to their own uses, and that therefore they have not cared how many Amerciaments have been imposed upon, estreated or extracted out against them (saying, the more, the better for their advantage,) and have jeered the Suitors, and said, that if they did not comply with them the said Sheriffs or Officers, to their liking, by giving of them such high Rewards as they have demanded, or retained some Attorney of their Associates or Servants (who use to squeeze and wring much Money out of their Clients in an excessive manner, and with whom such Sheriffs or Officers use to share) than such Suitors should have little benefit of their businesses; some of such Officers (who have gained peculiar liberties therein) often reporting, that they can do what they please in most Causes within their liberties. And many times such Officers and Clients have gone to such Attorneys or Solicitors as have been Associates of such Officers, who have made out Warrants without Writs, or otherwise such Officers have Arrested the Defendants without Writs, and then took Rewards, or (as they may more fitly be called) Bribes, of both Plaintiffs and Defendants, in endevoring to end their business; and threatening Plaintiffs, that if they would not stand to their award, they should have little good success in their businesses; and by using the Defendants (being simple) ruggedly, and terrifying them, they have wrought them into Commpositions, and shared in the Debts and Demands, and in many that have not been, they have gained a fourth, third, and sometimes half of such Debts and Demands, and by such means have caused themselves to be made both Judges, Attorneys, or Solicitors, and Bailiffs, in such Causes: And in many Causes (wherein they have grasped into their hands the suing out of such Writs) and in such Causes (wherein they could not procure Compositions or References) they have caused the Defendants to retain Attorneys being Associates of such Officers, with whom they have shared in their Fees; and in neither of both these cases last mentioned any Writs at all have been sued out, and yet the Clients have paid for Writs; by which menas Money hath been extorred and exacted out of Clients for more Writs than have issued out of the Superior Court, by which means the honest people of this Nation have been much defrauded for many years together. And many such Officers (that is to say) Undersheriffs, Bailiffs, and Sergeants, when they have Arrested honest meaning men, had them to Tippling houses, or houses of them and their Associates, have extorted and exacted much Money out of them, by threatening of them to carry them to prison; and those (who have not rewarded them to their liking, or could not) they have dragged and hurried to prison, hunching and kicking them, though they have never resisted nor offered to resist such Officers, nor given them any ill words: And when such Officers have been employed only to take appearance upon Arrest, they have constrained the persons Arrested to pay down the Attorneys Fees, and money by them to be laid out in appearances, into the hands of Officers; and then would they seldom or never pay the same to such Officers, if the business proceeded, or restore the same to the Defendants, if the same were ended; and when some few have gotten some part of such money out of such Hucksters hands, they have spent as much, and sometimes more, than the value thereof, besides the sustaining of great trouble in moving Courts by Counsel, and complaining to Judges and Justices, by which means such Officers have kept to their own uses such money, and the poor parties so Arrested constrained to procure so much more for their appearances. And further, if all the Propositions or Proposals before mentioned were Enacted, besides the benefit which thereby would accrue to the honest people of this Nation, as before is mentioned; these benefits and advantages hereafter following would redound to the Public Advantage; and the ensuing Inconveniencies and Mischiefs (which have much injured and prejudiced the honest people of this Nation) be prevented and taken away. For than it would be again as in ancient times, when Parliaments have been once every year, and more often when occasion in those times have happened, being when Kings were virtuous, and abhorred vice, and had care of the then honest people of this Nation (according as to their then light they were) as of themselves, when the people had Justice equally, and without delay, done by their Equals, and thereby continued in great quiet, but that they were besotted and beguiled by the Priest, as before is mentioned, who for such their actings deservedly fell; and it is thought others (who have done as bad or worse than they on a sudden) will do the like, if they do not timely repent and amend. And then would again the Members of Parliaments, or Representatives, be only of the most honest and discreet of the people of this Nation, and no other, equally and impartially Elected without trouble or charge to any, as formerly hath been, and dispatch all business coming before them speedily, (the one of them seldom contradicting the other,) as hath been in those ancient times, without sitting of full Parliament or Representative any extraordinary long time together, but conclude all business for them necessary to be done (which no other Courts could remedy) within a Month, six weeks, or two months' time at the most (unless upon extraordinary occasions) before Adjournment, Prorogation or Ending, which caused the English Laws to be accounted the best in Christendom (and deservedly, before Innovations crept in,) and then were few Motions in respect of the extraordinary multitudes which have been of late made by Favourite Counsel, or any other Motions by any other the Attorneys or Clerks, unless it were in cases extraordinary by honest & learned Counsel, and not by Favourites to begin a Cause, and have a large Fee for so doing, usually only saying, such an one is Plaintiff, and such an one is Defendant, and then an honest learned Lawyer have usually gone on with the same throughly, or otherwise such Favourites have or could say little more, and some of them have not been of ability, or capable to say any more, though they have received extraordinary large Fees double, triple, sometimes fourfold of that which such honest Lawyers have had; which Favourites the Suitors have been constrained to retain, or otherwise such learned and honest Lawyers have several days the one after the other waited, till some of them have been wearied out, and given the business over, and others, who have attended to be heard, have took as much pains as a Porter hath in going of errands, and earning as much money in such time: and besides, such honest Lawyers, when they have long waited and have been heard, they have had little or no fruit of their Motions, but have been flammed off, baffled, and girt up, and checked, before they have been half heard out their Motion, and have been sent home with a sleeveless errand, and been discouraged. And thereby the Favourites, by Alliances or yearly presents, gratuities or new-years gifts, learning the meaning of their Superiors by their looks, have engrossed up all or the most part of the gains in every Cause, and thereby they and their Superiors have climbed to a great height in few years; and many times when one Suitor having retained one, two, or three Counsel, to plead his Cause at the Assizes and other places, where several Counsel have used to attend, to the number of twenty or thirty, or sometimes more at several Bars, such Suitor hath been baffled out, and lost his Cause, unless he had retained half such Counsel, by reason some crafty person have caused the Record of such Cause to be carried to another Bar, where such Suitor nor his Counsel have expected the Cause should be tried; and many times the principal Counsel of such Suitor being called to, and attending another Cause at another Bar, and from the Bar where such Suitors 'Cause was expected to be tried; and then when the Cause of such Suitor hath been called, and he desiring the Judge to stay until his Counsel came, or that the Cause might be tried where they were to attend other Trials, the Judges, before whom such Causes have been to be tried, have denied to admit the same, casting an angry look upon such Suitor, saying, there were other Counsel enough whom they might retain (nodding towards Favourite Dunces standing in sight,) ☞ and thereupon such poor Suitors have been constrained to retain Lawyers of mean Judgement on a sudden, who could not understand their Causes soon enough, and some not at all, nor capable thereof; and such Causes, having been tried in the absence of such honest and learned Counsel retained and instructed at the first, have gone and passed against such Suitors, having had the best and most right to recover in such Cause: And when any of such Favourite Lawyers have failed in such their presents or gifts, at the usual time of the presenting of the same, have grown out of favour; and after they so failing, have had a grin or a wry face from some of such Superiors; they have not come into favour again a long time, and some of them never, which hath caused most of them constantly to continue the same, and by those means grow the more expert in such their Combinations (the more to keep others, who do not use such dealing, ignorant thereof) and be suffered to foam out nonsense, and lie, bark, brawl, and wrangle as they have pleased (when others of ability have not been suffered scarce to speak three or four words in a cause) and thereby to gain the affection of Suitors in such Causes: and sometimes such Favourites, though they have been many on a side, have not dared to speak a word more in any Cause after they have received a private look from some Superior, which none other but themselves have understood, which is thought hath been when some such Superior, or some of his Allies or Private Creatures, have grasped and hooked in more than such Favourites have received for their Fees, Coventry, and Manchester wherein Coventry and Queen Bess have been accounted very expert. And by such means other under or petty Officers to Inferiors under the high Superiors (who have learned the skill to give Rewards or Bribes to those Superiors, to keep them from questioning by such Inferiors) when they have done amiss, have gained much. And then would Suitors know what evidence they were to produce at Trials, and not to be triced or nonsuited on a sudden, many times the one after the other, as many times hath fallen out, to the infinite gains of such ignorant Favourite Lawyers, and great damage to the honest people; neither would Juries be puzzled with multitudes of Issues at a time, but all Causes tried in an easy way, as hath been in the best time. And then could not such Inferior and the greater Monopolising Officers before mentioned, by the favour which they have gained of their Superiors, by contributing to them part of the gains of such innovated and extorting Offices before mentioned, take such occasion, as they have done, to increase their Exactions by colour of such Offices, to cause Orders to be made, whereby many Mischiefs and Inconveniencies have fallen upon Suitors in Causes; and when complaint hath been thereof, they have caused the poor Prosecutors thereof to be blamed and checked for the faults or neglects of such Officers and their Superiors, and still kept such Prosecutors under, that they have not dared to complain, or so much as publicly reveal what hath beendone amiss by such Monopolising Officers, or their Superiors. And then would the Vagrant Favourite Counsel forbear wandering abroad into several Counties, and extorting upon the people there, and putting them to great trouble, as they have too often used. And further, and lastly, (upon observation and serious consideration of the whole matter before expressed) We conceive, and are informed by others (with whom we have conferred) that by the Ten last Propositions (if the same were Enacted) would yearly be saved to the honest People of this Nation above fifty thousand pounds [50000 l.] (which annually formerly have been exacted from them by undeserving corrupt Officers, over and above the before mentioned Sums) by rendering of some of the Offices and Officers, by and in those Ten Propositions mentioned (who formerly have unlawfully exacted yearly divers thousands of pounds) merely useless, and to have been inconvenient and mischievous; and reducing others of them useful, from divers thousands of pounds, to four hundred pounds, and others to a competent gain, according to their deserts, as anciently hath been, before Innovations and Exactions crept in (being contrived and obtained by Monopolists, and Buyers and Sellers of Offices and Justice) without Parliament-Authority, contrary to the Law. See the Table or the Particulars of the Five millions seven hundred sixty eight thousand seven hundred and seven pounds [5768707 l.] formerly yearly Exacted and Extorted, and Losses in Estates every year heretofore, annually hereafter saved and prevented, cast up together in Pag. 21. of this Book. Postscript. WE desire all the honest People of this Nation further to take notice, that we conceive ourselves bound to publish our Observations upon what we have with deliberation plainly seen to be intolerable Abuses and Oppressions laid upon the People of this Commonwealth. It is no small grief unto us, to mind what little Justice we have seen and heard of, exercised (in this our age) in Courts of Judicature; What is it but the want of reforming what is amiss and unjust, which hath made our Troubles last so long in this our Native Country? Was it not the cause of the beginning and long continuing of Wars in Scotland? and hath it not been a means to continue Troubles in Ireland? and is it not a great Encouragement now to Foreign People to make War against us, they understanding how many discontents are amongst ourselves? If Justice were but equally distributed to all, who then would not advance the Republic with their Ingenuities, Purses and Persons? and would it not make our Enemies at home to be at peace with us, and set to their helping hand to carry on just Designs? We cannot but call to remembrance, how (at the beginning of our Troubles) many thousands were not backward to adventure their lives, and others caused their Money, Plate, and Gold-rings to be freely made use of upon a Public Account; and not all out of a religious principle only, but merely for common Justice betwixt man and man, which being now not to be found, makes most of them repent of what they have done, saying, That if they had thought pulling down Kingly Government would have advantaged them no more, they would have been contented to be tyrannised over by a King still; and the fault of all, we find to be put upon those who are good for nothing but to set People together by the ears, and find out tricks to continue Law-Suits, even betwixt Father and Son, Husband and Wife, Brother and Brother, etc. so long as they have any feathers upon their backs; and when they are made Beggars, by having their Suits span out to the end of Suitors Purses, with a Bottom of non-satisfaction wound up to the grieved party, let them go where they will. We cannot but observe, how almost all men are procuring large possessions to themselves, and serving their own ends, and neglecting the Public, for which, at the first, Lives and Estates were not too much to adventure: many are apt to say, that they fear, Gold, Silver, or some rich Padlocks are hung upon the mouths of divers persons, who were wont to stand and speak for righteous and just things to be done, but now of late have been silent and idle; who but the other day (as it were) were mighty stirring men, and nothing should satisfy them until a Reformation of palpable Abuses. We also note, how many hard words our Rulers have abroad by reason of the slow proceed in Regulations; and it is thought the Favourite Lawyers and Monopolists are the Obstructors. It is very sad to consider how many Complaints are heard abroad every day, we can hardly have the sound of them out of our ears, nor our eyes long from beholding one or other, not only beggared, but also deprived of part or all their Senses by Oppression, so that they are in no little better condition then mad, as is too apparent in these days. Why do we behold fawning, flattering, and dissembling persons (who were and still are common Enemies to the Government of this Commonwealth) speed better, then honest, godly, and conscientious Christians? Why is it that by favour so many Drunkards, Swearers, Divers Officers have been so impudent, that they have not blushed to say, they could not be half content with their Salary, without taking Gratuities. notorious Liars, etc. are preferred to places of Trust and great concernment, without any desert at all; unto which persons, industrious, honest and religious people are made a prey, and by whom they are perplexed intolerably, unless Bribes be put into the Oppressor's hands? As for prosecuting persons for any misdemeanour, it is neither safe nor profitable for any that are plain, down-right-dealing, conscientious, and honest men; for an Offender shall have favour enough for his money: and unless the Prosecutor be as free as the Deliquent, he is like to come off with a Scratched face, and after the expense of much money be liable to be sued for what he hath done: So that we conceive Penal Statutes to be but of little use, except to get money to Informers (who are accounted to be a Pack of Knaves living upon other men's labours) for there is scarce one to be found who will not take Bribes, and rest contented, without caring to see the Justice of the Law executed, which encourageth notorious Offenders much, knowing they can buy their peace with a small sum of money when they please: But divers that are honest are so perplexed with the said Informers (who usually take rugged courses with them, to fright them to give money) that their lives are made burdensome to them, and their Estates not at their own, but unreasonable creatures disposing, who exact what they please, or else the Defendant shall be put to excessive charge and trouble, although his offence be but feigned, or not worth the naming. All these foregoing Grievances we conceive are occasioned by reason of the want of honest, just, impartial, and able persons to hear and determine Controversies and Differences, whose place it is to inquire out the truth, and make a speedy determination, without suffering the Prosecutor, or the prosecuted, or both, to be undone by the invented tricks and devices of those who mind nothing but their own excessive gain, and the People's ruin; we see it apparent daily, that a man had better lose his Right, then contend for it with wilful, malicious, powerful, and rich Adversaries; nay, if Equals go to Law (there being so many intricacies in proceed) both parties are at as much doubt which way the Cause will be carried, as if they should throw a Cast at Dice for it. We cannot but stand amazed when we seriously consider what grievous corruption there is almost in all places, where abused, afflicted and grieved parties should make their conditions known with expectation of Redress; and with what difficuly, charge and adventure Justice is procured! If that Officers abuseth Suitors (by exacting or extorting money, or by delay of such business which their duty binds them to see performed, or otherwise) the grieved party cannot tell where to complain, but to those from whom little Redress can be expected; so that he is constrained to be contented to be a slave to those that are but Servants. All these before mentioned Oppressions, we are persuaded, God will find out some way or other of deliverance from; but who it is that will be so far honoured with the promoting of such a glorious Work, we are not yet able to discern. Can we expect it from any but those that are honest and godly? Whosoever they be that have opportunities put into their hands, and makes not use of them, He that knoweth all things will lay such persons aside, and make use of others that shall make a better improvement of their Talents which they are betrusted with. These things being upon our hearts, we thought good to publish at the present, (reserving divers other until hereafter some convenient opportunity presents) being confident that most that are of public spirits, , honest and conscientious, will (as we conceive they are bound) endeavour the promoting of them, by using what lawful means the Lord shall direct them unto. THE END. LONDON, Printed by John Macock, and are to be sold by Francis Titan at the three Daggers in Fleetstreet, and Nathaniel Brook at the Angel in Cornhill. 1652.