REFORMATION IN COURTS, and Cases Testamentary.  
BEfore the late abolition of episcopacy this Nation suffered under too many Testamentary Jurisdictions: some Counties had no less than 50. or 60. Peculiars: and in some Counties divers Lords of Manors, and Corporations had a privilege to prove wills, and speed business of that nature upon a Lay account.  
The People found themselves divers ways aggrieved by this multiplicity of Jurisdictions: and therefore to give some ease, and redress therein, the Metropolitans Prerogative Courts were erected about 400. years ago.  
In the year 1643. Dr: Merick, Judge of the Prerogative Court of Canterbury, removed his office to Oxford: and then there was a Committee appointed to consider of a new settlement of that Court, but nothing was reported thereupon.  
In the year 1644. Mr: Maynard brought in an Ordinance for making Sir N: Brent Judge in Dr: Merrick's place: and the same was passed with some other material alterations in the Prerogative Court.  
In the year 1646. All episcopal Jurisdiction was taken away: since which there is no true power remaining anywhere to dispatch Testamentary business upon the ecclesiastical score, except that of Sir Na: Brent's.  
Sir Na: Brent's Jurisdiction has two defects, and so is as yet insufficient to do right to the whole Nation: it wants extesinon of bounds: and a competent Power of coercion.  
For want of Extension it cannot proceed duly within the Province of York, nor within the ancient Province of Canterbury: but only in some special Causes. Hereupon occasion has been taken by divers private man without, and against Authority of Parliament, not only where the Prerogative has no cognizance, but also where it has to exercise Testamentary Jurisdiction: and so by these misproceedings the deceived people is put to much unnecessary charge, in as much as they are necessitated to take out Administrations the second time, and be at the expense of new Probates as often as any Suit arises.  
For want also of a sufficient Coercive Power (for a Court without a coercive Power is no Court) the present Judge cannot force men to bring in true Inventories, or submit to order in other points: whereupon a vast licence is taken by many to defraud Creditors, Legatees, and other Interessents: yea the State itself is often injured hereby, as well as multitudes of private men.  
There is now living at Guilford an Executor which refuses to bring in an Inventory: yet the Testator died under sequestration, owed good sums upon Bond to the Parliament: and besides the main bulk of his estate, He gave away in his Will above 900 l. in petty Legacies.  
In Order to a Reformation of these things, a Committee of Parliament was chosen in April 1646. which after 3. years sitting made Report in May: 1649.  
The matter of that Report was referred to a new Committee to be formed into a Bill, and in July following for the better maturing of that business, other Members were added to that Committee, and a special care thereof was recommended to Sir Pe: Wentworth, and Mr: Miles Corbet.  
Since that time a Bill has been prepared, and twice read in the House, but notwithstanding so much time is elapsed, it still hangs under a recommitment, and fails of giving satisfaction.  
The reason why the reforming of these things (though the State itself, and thousands of particular men remain sufferers in the mean time) proves so dilatory, and difficult, is supposed to be: because most men are possessed with two contrary extreme opinions: and few there are that pitch upon the middle and more moderate way.  
Some men are wholly for the Civilians, and out of favour to them, they would have no less than 20. Courts erected, wherein none but of that profession should sit as Judges.  
Some men are as opposite to Civilians, and they would have that whole profession removed, and quite eradicated, as well such as have been faithful to the Parliament during these late troubles, as such as have been Enemies: only that Testamentary business might be thronged, and obtruded upon the other Courts at Westminster.  
In the mean while there is a third opinion, that mitigates both these extremes, and thereby declines the inconveniences occurring on both hands.  
According to this Third Opinion: if the Court (now called the Prerogative) were enabled with such a Coercive power, as other Courts of Justice have: if it had a Jurisdiction in all Causes Testamentary whatsoever, throughout the whole Land: if it were likewise animated with as many Judges, as use to sit in other Courts (which the Lord Bacon thought necessary many years ago) and if it were subordinated to another higher Court, of as many Judges, in all matters worthy of appeal: it would prove an excellent settlement: and without any further dangerous Innovations (we take in all other restrictions, and points of Reformation prescribed to other Courts against delays, excessive fees, and arbitrary proceedings) would be sufficiently serviceable to those public ends, we all aim at.  
It is remarkable also that the Advantages, and Conveniences, which commend to us this middle way are many, and very weighty. For,  
1. Hereby that admirable light of the civil Law, approvedly useful in Monarchies, and yet by some held more useful in Democracies, will be preserved in our English Horizon, and saved from utter extinction. There is scarce a State in Christendom, whose highest counsels, and Judicatories are not mainly swayed by the profound Professors of civil Law: and as learned politicians are generally the ablest servitors to all States; so no other study, or breeding has more eminently accomplished Learned politicians, than this of the civil Law. Without a competent practice this knowledge will be lost to our Natives: and this being so lost, we shall be driven, though to our shame, to have foreigners in p●nsion. Now to reject the service of Englishmen, when we are to treat with aliens: and not only to trust, but also to gratify with our English gold men born to a foreign Interest, will be a great discouragement to our own Students so rejected. Besides Testamentary business is common to us with other Nations, it never had hitherto any thing peculiarly municipal in it, the forms and the processes, and proofs of the civil Law have ever hitherto so prevailed, that Englishmen might confidently as to Testamentary Interests demand, and recover their rights abroad, and strangers might do the like in England. And 'tis not yet easy to foresee what inconveniencies may ensue if in this infancy of our republic we presently depart too far from ancient legal communities and correspondencies with other neighbouring Nations.  
2. As the study of the Civil Law will be preserved, by the number of Doctors and Advocates, that will be supported by one Admiralty, and these two testamentary Courts: so the Students of the Civil Law will be hereby the better reduced. Heretofore, when there were so many Peculiars, and Judicatories in England, the very number of them was oppressive to the people: and yet there is not left now the tenth part of business, and employment for Civilians, as was then. All the cognizance of Decimal cases, and questions about Matrimony, Incontinence, canonical obedience, and granting Licences of many several sorts is taken away; and therefore it remains, that we must lessen our Courts, as we have lessened the business appertaining to our Courts, or else our Lawyers themselves will feel the inconvenience of it, as well as Clients. Country practice adds little to the skill, and ability of our Gownmen, wherefore when there is a scarcity of country Practise too, (as there must needs be, if no fewer than 20. Courts be established for so little business, as is now remaining) the very number of Professors will become a burden to the Profession, rendering them, as indigent, as it does illiterate.  
3. This due reducement of Civilians will be for the state's ease, as well as for the commodity of our long-robed Gentlemen. For multiplicity of Jurisdictions, what by their own clashings, and what by the craft of their Ministers, often begets multiplicity of needles Suits, and 'tis possible that more public and dangerous differences may be occasioned by their disputed limits, and divisions, and all these will be damageable to the commonwealth. If we calculate what the necessary charge will be of maintaining twenty Courts, as some propose in favour of Civilians: or what will maintain so many Clerks, and Officers, as there are Counties in England, according to the proposal of the other side, we shall find, it will amount to no small value.  
4. This just apportionment of Civilians to the latitude of their business, by bringing with it an enlargement of benefit, and subsistence to those few practisers which remain unreduced, will enable them to serve the State more beneficially and cheaply then their predecessors have done hitherto. 'tis manifest that the same practice which with moderate fees will creditably and amply maintain twenty practisers, will not maintain forty, though they be permitted to exact fees more immoderately. It is proposed therefore in behalf of this new settlement, that the Judges, and their dependants above, without any demand of new fees, shall at their proper cost maintain, and depute sufficient Officers below in the chief town, or City of each County, that is distant above 60, or 70, miles from London: to dispatch all such Testamentary business there, as is in common form, and may be dispatched by letters: and so save the greatest number of suitors their travail to London. It is also undertaken, that the said Deputies shall in favour of the poorer sort do business gratis, and neither take gratification nor reward where the Inventory exceeds not 10 l. and in all other dispatches of greater value it shall be the same Deputies part to transmit all things up to London that deserve registering, and reserving, without grating upon Clients. Likewise, the same Deputies, if Authority think fit, which thus intend Testamentary business below, may find leisure, and opportunity enough to keep authentical entires, and records of all other contracts, and solemn acts betwixt party, and party, which deserve to be treasured up for public search. How acceptable therefore such a settlement would be to the people, when it should speed all men's business so compendiously, and the poors so gratuitously, and how full of grace it would appear to the generality, need not be further demonstrated.  
5. Hereby the excessive encumbering, and overcharging of our Courts at Westminster with a surplusage of Testamentary business (not yet foreseen by some practisers of the Common Law) will be aptly prevented. It will be the wisdom of the Parliament to provide, that we have neither too many Courts for our suits, nor too many suits for our Courts: both being attended with great inconveniencies, but the second with far greater, than the first, some would have in every County a Court, and reduce us to the old manner of Jurisdiction, which was used in England long before the Norman Conquest, when this was a cantonized Country, and obeyed several petty Princes: and this is pressed as very counsellable, by that party, which would cantonize us the second time: but 'tis to be feared, if this design prevail, our quarrels, and controversies will abound, and increase upon us, as fast as our Judicatories do. That fire which is now kept up in one hearth at Westminster, will be then scattered all over the House, and so spread its flame much wider than before. Other objections lie against too many Courts, espescially when they are attended with more illiterate Judges, and unexpert Counsellors: but the intent of this paper is to show that there is less public prejudice in too many Courts, than in too few. 'tis with the politic, as with the natural body: both find obstructions more fatal than fluxes, and both receive more torture from a defect in the expulsive faculty, then from a defect in the relentive faculty. Too much vexation from many Courts may be compared to a disentery: but want of expedition by reason of too few Courts is like the nephritical malady, and kills us with pangs inexpressible. The Parliament of late has taken away half our Courts almost at Westminster: and thereby doubtless it has taken away from amongst us many of our suits, and Law-questions▪ but it is as far out of doubt withal, that all the differences that were formerly decided in those abolished Courts, are not abolished together with those Courts. This together with the calamity of our late broils, and confusions, has begotten a very great glut of business at Westminster Hall: and this glut of business has most undeservedly begot a complaint against Westminster Hal. Every man sees that the Chancery at present grants not Clients such dispatch as is expected: but every man sees not the true cause of this: and the plain truth is, the fault is not in the Court, nor in the Commissioners, nor in the Pleaders: 'tis too great a confluence of business that chokes up, and obstructs Chancery proceedings: and 'twere much better for the commonwealth to be at the charge of two Chanceries for too little business, then to maintain one that's over burdened with too many Causes. Oh that the Parliament would consider what want of a due hearing, and redress is in Chancery, and other Courts, yea and within its own walls. The greatest of our grievances, the grievance of all our grievances at present is; that our grievances can have no vent, and that our complaints know no place, where they may effectually disburden themselves, many thousands at this day being nowhere remediable but in Parliament, have woeful petitions to present, yet can obtain no access at all to the House: and some thousands of those that obtain access, either waste themselves in a diuturnal frustraneous attendance, or are at last denied their requests, or are undone for want of a timely denial.  
There is now a Prisoner in Warwick Castle, whose long durance has sunk him into the deepest of all worldly afflictions, and his languishment is now almost desperate, because though He has always in other matters deserved well of the Parliament, and no great ill in this (as He hopes to prove, if He may be admitted to any trial) He sees the House which can hear his accusation, yet cannot find leisure to hear his defence, nor will provide for Him any other issue out of this miserable condition. I myself in a Case of no mere, private concernment have attended upon Committees for dispatch at least seven years: and though that attendance has much broken my Fortunes, and disappointed me of divers hopeful preferments, and given me cause to complain against my undoers: yet am I fain to strangle my griefs in private, lest I should by a new supplication condemn myself again to the torture of Sisyphus, for seven years longer. I utter not this here, because it burns, and festers like a deep suppuration in my mind: but because I believe there are very many others in my condition, to whom want of expedition (being like the stoppage of the stone in the uritories) appears more intolerable, and procures more desperate disaffections than it does to me. Pardon this Digression, it means no ill: it would only demonstrate, that there is danger, and damage in too many Tribunals, yet not so great as in too few.  
6. Hereby there will be one cettain place for all Suitors to dispatch their business at, and that place will be London our Metropolis, incomparably the most commodious of the whole Land for such dispatches: when there are many Judicatories, and Registries in several Counties, and Provinces to resort unto, there cannot but follow much uncertainty to Clients; and uncertainty in matters of this nature is ever the mother of confusion, and distraction. Some men which look no further then to the ease of Executors and Administrators, suppose London too far distant from some Counties, and therefore they propose to have all wills proved, and Administrations granted where each Testator or party Intestate dies: but these in the mean time have no regard to the ease of Creditors, Legatees, and other interessents who often are more in number, and whose rights are often of more value, than the Executors and Administrators. Wherefore forasmuch as one that lives in Cornwall, another in London, and a third in Norfolk, may be concerned in a Will or Administration at Barwick, or Carlisle, and so by this Proposition must accidentally travail to Barwick or Carlisle, the most incommodious places of all England: and still there is no certain place designed to any man beforehand; what a general vexation and perplexity is this likely to produce in many Cases? Now London as it is a place always fixed, and pre-determined, so it does for manifold conveniences deserve that pre-eminence before all other places whatsoever. For, 1. London is the Common Justice seat for all Suitors to resort unto in all other differences; and therefore Testamentary Records are most necessary to be there kept, where they are to be oftenest produced, and where they may be most ready at hand upon all occasions to be used. 2. All ages can testify, that Testamentaries Records have there been ever most safely treasured up: whereas if an inquiry be now made of the Registries below, without doubt it will be a strange account that will be returned of their Records, and ancient minniments. 3. If suits arise (as they do most frequently about Wills, Administrations, &c.) No other place can afford so able Advocates, solicitors, &c. as London can. 4. London is so qualified for correspondence, by reason of the vast concourse of people there about other business, that any man may write thither, and by writing have business dispatched there with less trouble and expense, than he can ride twenty miles any other way: And the greatest part of Testamentary business is dispatchable by Letters. 5. As the best choice of Able responsal Registers and other Officers are to be had at London, so if they misdemeane themselves, there is the readiest remedy to be obtained against them. 6. The dispatch of business below is not left to the mere care and costs of Interessents far remote from London, that is in in great part to lie upon the shoulders of such as shall have Deputations from above as the business is here stated:  
Upon the whole matter therefore it may rationally be concluded: 1. That a speedy settlement of some new Testamentary Jurisdiction is worthy of the Parliaments serious consideration. 2. That this settlement here proposed, is the most adequat to our public, national interest of any that has been yet debated: if every man would know that the general interest comprehends his particular, as the greater does the less: but not on the contrary: and so the common and civil Jurist would not confine their thoughts to what is the advantage of their profession; Nor the burgess of such a Town, nor the Lord of such a manor, nor the Knight of such a shear; restrain themselves within their own narrower Circles, but would obey the rapture of the highest orb; all our motions would be far more regular, and concentric.