By the mean as much more, Six hundred thouſand pounds, beſides &c. 600000 l.

By the higheſt to treble, Nine hundred thouſand pounds, beſides &c. 900000 l.

49. That a Demand in writing (and no Denyal 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 Expences 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 joyned with the other to ſpeed on the buſineſs, and ſave charges, and ſee fair carriage,☜ that the Bankrupts Eſtate may go and be imployed 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 beggerly condition (ſome of them having been Cutpurſes and Thieves) 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 Expences 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 Judgments 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 choyce, 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 imployment; which, as many conjecture, in the choyce of the whole number for one Parliament, hath amounted to one hundred thouſand pounds [100000 l.] being divers (who have been at ſuch expence) have been layd aſide, and others choſen for ſuch imployment.

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 Tythes may no more be payd 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.

1. THat no Monopolizer, 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 dealings) may draw, or contrive, or act any thing properly to be done in ſuch Court by any Clerk; and that if any Monopolizer 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 Monopolizer 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 rendred vain and uſeleſs, and proceeding in Suits gone through with more eaſe and leſs charge, and underſtood by many more then can be now; the Monopolizing 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 layd the fault upon the Proſecutors of ſuch Cauſes, who have been honeſt and careful therein; and who by the favor, 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 tryed,) 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 retorn 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 then 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 Publique 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 peny 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 depart 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 Publique, but miſchievous.

And now ſuch Maſters of the Chancery are become ſo unfit for the Imployment, 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 Imployment.

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 rode from the Serjeants Innes to Westminster Hall and back again upon Aſſes,To ſhew 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 Favorites 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 Scituations 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 ſond belief of them,) for ſince that fall, thoſe (that is to ſay) the Judges and their favorites, have far out-run theſe Prieſts, in gaining riches in an exceſſive manner by griping of very many men, (divers of whom having been very indigent perſons,) and have climbed up and leap'd into moſt of the Lordly Titles and gainful places and offices in this Nation, and therein and thereby have domineered, tyrannized 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 Serjeants, 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 then they did not cauſe men to ſtand Cap in hand, and ſcrape legs, and beſeech them to take their mony, 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 mony which they ſo have taken, they have been ſo impudent as to refuſe, and have denyed 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 Serjeants 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 ſtiled the honeſt Serjeants, &c. 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 ſhew for the ſame, which whether any, or any conſiderable number, did or would give any ſuch thing of late, any reaſonable man may judg; 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 Serjeants and Lawyers) but he be conſtrained to ſue for the ſame, and cannot fright his Clients into payment, he ſhall ſurely loſe his mony 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 tryed in ſome Counties (where many of late uſe to be tryed) 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 tryed there, and in thoſe ancient times there ſeldom or never was any Counſel on either ſide at ſuch Tryal, 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 ſull 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 mans 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 rendred 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 Proces of Philazers, and Exigenters, and Continuances thereof, and Counts, and Declarations, and other Pleadings 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 Proces 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 then neceſſary, and to pay ſometimes double, and at other times treble 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 Soliciter General, and approved by the State.

That ſuch Attorney and Soliciter 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 ballance 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 mony 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 Serjeants, Solicitors, &c. of this Republique, then would they attend the publique buſineſs of this Nation only, and not be intangled with any other, and grow expert in State buſineſs, as well as thoſe in ſuch like Imployment 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 layd aſide) would be a means to bring the moſt wiſe and judicious of this Nation to become honeſt, or at leaſt to joyn with ſuch as be or ſhall be ſo; and then if the Advice and Directions of ſuch be obſerved, there can be no doubt but this Nation may be as happy, or more then 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 Cattel, Goods or Chattels of any againſt whom the ſame be or ſhall be awarded, and keep the ſame until Judgment and Execution be or ſhall be upon the ſame, or ſufficient Sureties or Manucaptors found by the Defendant or Defendants in the ſame, to ſatisfie 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 ſatisfie the ſame, and that the ſame courſe may be taken and the ſame proceedings in any of the ſuperior Courts uſually held at Weſtminster.

By this, if the ſame were Enacted, may be gained in many ſums of mony very cheap with eaſe and ſpeed, and many chargeable Tryals 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 practiſes 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 proceedings 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 chearfully and with eaſe about their buſineſs, and have the better knowledg of the proceedings 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 Proceedings 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 proceedings in ſuch Cauſes and Suits, after much charges and trouble in the ſame, have been avoyded, 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 Judgment of every reſpective nature given or pronounced in every Court may be, and that the Judgment may be entred 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 certifie their Opinious thereof to ſuch COurt: but this to be only for ſuch Cauſes in which the Suiters 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, chearfully, without trouble or ſlaviſh fear, procure Judgments after ſuch Verdicts and Inqueſts to be entred 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 ſtudyed to perform ſuch things, and neglected Clerkſhip; and for ſuch knavery, and knaviſh intentions, have been had in higher eſteen, then 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 Favorite 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 then 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 imployed, 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 layd upon one mans 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 endevor 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 milde 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 Tryals 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,Thieves dividing the ſpoyl. they have agreed to go to Tryals and enter Judgments 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 Clyents to pay for all the other, as if Tryals and Judgments reſpectively have been in the ſame, and as if they had payd unto the Monopolizing 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 ſubtilties, 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 tryed at any Aſſizes, upon any Iſſue or Iſſues joyned or to be joyned 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, Authorizing and Commanding the Judges of ſuch Aſſizes to Try or hear the Tryal of ſuch Iſſues, and to do all things for a Judg neceſſary to be done about the Tryal of the ſame.

For this may the chief Judg or Juſtice, or any other Judg, do, if they will: for in the Statute, whereby ſuch Tryals were created, it is Enacted, That ſuch Records to be tryed ſhould be ſent to the Juſtices of Aſſize, to be tryed by the Court or chief Juſtice thereof, where the Cauſe to be tryed 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 tryed (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 Judgments to be entred 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 Filed together, and not to be bound up in Books or bundles, till after final Judgment or ſentence: and why may not any man have his Judgment entred upon the ſame Record, to be kept and filed, and not to be at the charge againſt his Will to have them written again, moſt of them being either ſatisfied or payd ſhortly after Judgment entred? But if any new precedent happen, then it is and will be convenient that all the proceedings thereupon ſhould be entred at large, and bound up into books or bundles, but at the publique 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 Proceedings, there will be little need, if the Propoſitions or Propoſals for Amendment of Proceedings in Law do take effect.

10. That if any Sheriff, Bayliff, or Serjeant at the Mace, ſhall require, exact, or take any exceſſive ſum of Mony 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, Bayliff, and Serjeant, 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 Mony of any Debitor or Defendant (by colour of ſtaying or waiting, or for Lodging or Dyet) whereby ſuch Debtor or Defendant is diſabled to ſatisfie the Creditor or Demandant his Debt or Demand, then 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 then 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 Meſſuages or Tenements, they have uſually taken and exacted of the Proſecutor one years Rent 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 Alies, 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 ſubtil in the ſame, that they have ſo ſeeretly extorted and exacted great ſums of Mony 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 then any honeſt man, whereby ſeldom or never any honeſt have medled, 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 then would ſatisfie the Creditor, and utterly undone themſelves, their wives and children, in ſo living in expence 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 Mony 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 Bayliffs to overſee the work, who ſold the Corn to maintain themſelves with good drink and victuals; ſo that the Barn of Corn payd but about forty ſhillings of the Debt.

The ſaid Sheriſt lately ſeized upon a Defendants Cows, Horſes and Sheep; the Cows brought in dayly profit by their Milk, the Horſes by their dayly working, (ſo long as they were able to go on their lege,) 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 Cattel, was compelled to pay for all their keepings, as if they had done nothing but gone in Paſture-ground.