IT being reported, That some persons have proposed in writing, or otherwise, or have such intent, severall things which may tend to inconveniencies, if needfull provisions be not in the same.

One of them being, (as is said) That no Arrest shall be before Summons, without any provisiō either by [Page 2]speedy Arrest, or Restraint of any sculking persons, Out-lyers, or Fugitives, from going out of this Nation; or lying hidden, or obscuring of themselves, or giving out that they will, or running, or going about to run away, after they have gotten great Estates or summes of moneys into their hands, by flatte­ries and feigned machinations, and inventions, on a sudden, and so dasling the eyes of many Conscientious people, which (if so should take effect) is to be feared, will be to the great losse of many, and undoing of divers of them, by many of such, which will hast suddenly away to Amsterdam, Constantinople, the East or West Indies, and never come again to make any satis­faction to any of their Creditors; or give recompence to any of those, which they have defrauded: but for any way of pre­vention of such inconveniencies or mischiefs, we forbear to write, being (as we conceive) sufficient hath long since been published for that purpose.

Another of them (as is said) is, for putting the Laws of this Nation against Drunkennesse in strict execution; (which as said is very well done) to which is wished might be added, That none might drink Healths to each other; which is very like would prevent much Excesse in that way: such doings be­ing thought one of the principall causes of the fall of the African Churches; which loathsom and odious sin, was much cryed out against by St. Augustin Bishop of Hyppo, in his time.

Another of which (as is also said) is, That no person shall be arrested, attached, molested, or troubled by any Originall, or other Writ or Processe thereupon issuing, without any pro­vision for declaring or proceeding in Actions, which are ne­cessary to be joynt against such as shall or may be compelled to appear, with such of them as be or shall be Fugitives, or obscure persons, and cannot suddenly be found to be procee­ded against, with the other, and some of them not in a long time; whereof (it is hoped) serious Consideration will be had by the honourable Commissioners, or Committee for conside­ration of the regulating of the proceedings in the Law, that no just cause or suit may be lost for want of such provision.

Two other good things (as is said) be also proposed, (that is to say) no more collaterall warranties may prevail to bar the Nephew or the Neece, and that no Occupancy, or Entry (by any stranger or other than the Heir of the Les­see) shall be concerning, into, or upon any Lands or Tene­ments, after the decease of him who was thereof seized du­ring the life of an other, and dyed so thereof seized; toge­ther with which we could wish might be taken into considera­tion, whether or not it be necessary that the Statute of limi­tations of Entry should as well extend to the bringing of writs of Entries, Assize, Formedons, Ayle, Besayl, &c. and the taking away tryalls by wagers of Battail, which is conceived to savour so much of Heathenism as tryals by ordeyl, or the custome of Villenage although not so obsolete) but some­time have been put in practise in these modern times; and of wagers in Law, which many know do much hurt.

Another of them (as is said) is, That no matter to be pro­ved, or given in evidence, shall be avaylable, unlesse it appear to be proved to be within thirty days next before or af­ter the time laid in the Declaration, or to the same, such, or the like effect; which is conceived to be too short a time of limitation for such purpose; for if the matter come in que­stion within a year, it is thought difficult for any ordinary man to tye his remembrance within such time, much lesse af­ter 4, 5, or 6 years or more, which often may fall out in such case; but it is conceived, that within the limitation of half a years time it may be remembred by such, and very well by many, having regard to the seasons of the year (that is to say) temperature, heat or cold within such times, or some remarkeable thing happening.

Another of them is reported to be, that no writ of Error hereafter shall be brought, or to such effect; which if it happen, to what infinits would appeals come (if any shall be) and how then should matters of error in fact be tryed? Is it not (as a [...]tiently hath been) convenient, that it should be tryed in the Country, where the cause did arise? and amongst others by some of the Hundredors there? and [Page 4]if the cause of challenge in such case should be taken away, many may imagin what inconvenience may happen; for in antient times Hundredors were accounted all honest according to those times, and none others suffered by the residue of the Hundredors to remain or abide there; nor any stranger at all permitted to come to reside there, without putting into the same Hundred pledges of some of the inhabitants thereof.

And as concerning writs of Errors when that rea­dy drawn come out, (it is not doubted but) it, will appear that (if it be a effected) there will be seldome any cause of brin­ging many writts of Errors, or Appeals, but that very few may serve for that purpose.

An other of them being reported to be, that if any person (who doth not sue in form of poverty) be adjudged to pay costs, in any cause, the same shall be payed by the Attorney in the sute, if such Plaintiff cannot be found in the Common­wealth.

This (is feared) will be another occasion in putting off all of ability in estate, experience or Iudgement, from being At­torney.

And that thereby few or no pledges will be found other than the imaginary names of Iohn Doe, and Richard Roe, if the Plaintiff be not enforced upon commencing his sute to find better, as by the antient law of this nation he ought.

Another of them is said to be, that after issue joyned, the same shall be tryed that day sevennight in the place where the same is tryable, if the Judges shall be then and there sitting, otherwise at their next sitting in such place after those seven days, at the request or prosecution of either the plaintiff or Defendant, or to the same, such, or the like effect.

And in others also (is said to be) that Iudges without consent of parties, shall not defer any tryal above 15 days longer than seven days after Issue joyned: And that only for some just cause to appear to the Court upon oath, and upon payment of such costs to the adverse party, as he shall make appear by oath, he is or shall be put to by reason of such de­lay, before any longer time be granted.

If these two should be observed how will Plaintiffs or De­fendants, which have witnesses in severall or many places fa­distant from the place of triall, speed? Or can it any otherwise be imagined, but that he, she, or they, which cannot prove their Declaration, Plea, or Issue, without such witnesses to be brought from severall places, shall unavoidably be tri­ced, and injured, it being impossible to have them brought to such places of tryal in so short time?

Some others of them being (as is also said) (for Forms of Declarations in a short manner as followes, or to such or the like effect) one, that a president is contrived in an action up­on a promise, only reciting that M. SS. the Plaintiff complai­neth against the Defendant for not paying [...] pounds, according to his promise, being so much indebted to him, the [...] day of [...] to his damage of [...] If this should goe so, how can the Defendant imagine what promise or consideration, or debt, the Plaintiff will insist upon at the Triall? Be not some promises made without any lawfull consideration, and many promises made that do not amount to any debt, nay not so much as to be demanded by the Plaintiff, untill some Act be performed on his part? And may not many promises be made for debts, duties or demands, which may be honestly satisfyed by the Defendant, and so by him proved, if he knew what would be stood upon at the Tri­all? And will not many Defendants in such cases be triced, & others of them constrained to produce Multitudes of Witnes­ses to Tryals at their great Costs, trouble and charges, to prove multiplicity of Matter?

Another that M. SS. the Plaintiff complaineth against the Defendant for trespassing him the [...] day of [...] in Close called [...] at [...] to his damage of [...] without expressing, whether by walking with feet, or with cattel, or digging, cutting, lopping or top­ping: which is like more to puzzle the Defendant, than to lay it so uncertain, that the Defendant must be constrained to put in a common Bar, to enforce the Plaintiff to a new Assign­ment [Page 6]of the place in certain: and further, by such courses the Defendant is like to be put to such other Inconveniences, as before is mentioned.

Another M. SS. A. B. complaineth of C. D. for not delive­ring him [...] quarters of Mault, which the [...] day of [...] he promised for Corn to deliver, to his damage of [...] without mentioning when the Mault should be, or when the Barly was delivered: which leaveth the Defendant to such uncertainty, that he cannot tell how conveniently to defend himself at the Triall.

Another H.SS. A. B. complaineth of C. D, of [...] [...] for not paying 20 l. debt, and 5 l. damages, which is due from him by Bond dated the [...] day of [...] to his damage of [...] for not paying it, without reciting to whom it should be paid, or the Bond to be pro­duced into Court, whereby neither the Defendant nor his Clerk, or Attorney, can see whether his name be thereunto subscribed or not, nor what witnesse did or have subscribed thereunto their names as witnesses, or to see whether or not their names be counterfeit; or the wax new or old ac­cording to antiquity of the Bond; or whether or not the seal be counterfeit (such wicked courses having been more frequent of late years than formerly) and many beggarly per­sons more expert, and dishonestly bent to act such things than in those times; many being so cunning at that work, that a man cannot know his name so counterfeited frō his own hand writing, without diligent care, and long viewing and com­paring, and consideration had of other circumstances. And besides the Defendant cannot come to the sight of the condi­tion of the Bond, that he may see whether it be perform'd or not: which things cannot be conveniently done at the triall, there being always little time to perform any such thing; whereby the poor Defendant is like to be as much perplexed as before is mentioned.

Another for breach of Covenants, only setting down the Breach, and the date of the Indenture, but not wha [...] the Co­venants are, whereby the Defendant is left in the same case, [Page 7]as before is mentioned, and besides most commonly a Defen­dants taketh no counterpart of Covenants: and likewise the breach may be of covenants in a Deed Poll, whereof no coun­terpart useth to be made, and thereby how can a Defendant defend himself against a thing falling upon him from a place out of his sight?

Another L.SS. A. complaineth of B. for that A. being a tradesman, the said B. the [...] day of [...] spake these false and scandalous words of him (that is to say) A is a Bankrupt, to his damage of [...] without mentioning of what trade the Plaintiff is, or upon what occasion the words were spoken, that the Defendant may be provided to bring his witnesses (if he have any) to counterprove the trade if cer­tainly layd, as well as the manner and occasion of speaking of the words, in which the Defendant will receive preju­dice if the Declaration should be so generally laid, and be put upon diverse inconveniencies as before is mentioned, for he may be a tradesman and yet neither buy nor sell, or at least not buy upon trust, which few handicrafts men do to any conside­rable value, and the words may bear actions, by reason of many circumstances, without which they would not lay. Other Presidents, (is said) there be so proposed (the observing of which may tend to much intricacy) but very few, not near so many as will be necessary to be used, for which there be very good old Precedents; in which most (as is conceived) is necessary and little surplusage in them; and besides many actions upon the Case; be new Precedents, and divers others, for which no Precedents can be contrived before they happen; so that upon the whole matter, the old way and course con­cerning these things, is conceived to be the best; but with this, that if any shall put any apparent unnecessary surplu­sage in any Declaration, Bill, or Pleading, he shall be a­lowed nothing for such matter. And if no other formes should be, but such as is so proposed (as is said) shall not the Defendant then be as a man alone, brought, sent, put, or left, without Arms or Ammunition in the field, to fight with, or defend himself against another armed with severall sorts of weapons and company?

Another of them (as is given out) being that no Attorney should be admitted to appear for any person, untill oath be made of serving of a summons, unlesse he make oath before the chief Clerk that he had order from his Client to appear, and produce a warrant to the chief Clerk under the hand and seal of the Client.

Nor shall any Attorney confesse Judgement in any cause, and if the Attorney shall appear without Warrant from his Client, or confesse Judgement against his Client, to suffer pu­nishment.

And if it should be enacted in such manner, without any fur­ther provision or limitation, together with laying aside all pe­nalties (which is hoped is not intended, though it is said it is proposed) then would there be four times as many Trials as formerly usually there have been, (about six Judgements be­ing usually entred to one Triall, wherein neither partie to the Sute have been at Charges of Counsell, as they usually are at Trials and Enquests of Office) which is doubted will conti­nue the charges in Sutes at Law as high as formerly, if not in­crease the same; but there being so much already written, and long since published in print abroad concerning these things; And examination of Witnesses; For prevention of perjuries, and excessive charges in Trials, and abatement thereof; For sale of Distresses taken for Rent; For enlarging the Statute for tender of Emends for Trespasses, and that it may be in Replevins after Cattle in Pound, and for goods and chattels after the same taken into custody with damages and costs to the time of such Tender; And of Motions and Orders; Un­due Courses of Jury-men by receiving Rewards; For procu­ring speedy appearances at small Charges; Prevention of Ar­rests without cause; For Relief of Creditors against wilfull pri­soners, & poor prisoners against merciless Aversaries Excessive Charges by Bills and Answers, &c. Frauds by Monopo­lizing Officers and Attorneys; For an easie way without charge to either party, Electing or to be Elelected, and with­out favour, or affection, or fear of any person for election of future Parliaments or Representatives; Relief of honest [Page 9]Executors and Administrators, against payments of Debts and Demands out of their own Estates due from Testators and Intestats, more than the value of the Goods or Chat­tels, of the Testate and Intestate, which shall come to their hands, and of Debts not due, and of Creditors against dishonest and fraudulent Executors and Administrators; For preservation of Shipping from wilfull destruction by deceitfull persons, to defraud Purchasers and Creditors of their Ships; For compelling of Defendants speedily to answer, when the Plaintiffs Witnesses be sick, or going beyond the Seas, and such Witnesses immediatly to be examined; for speedy ap­pearance upon serving Writs or Warrants in Chancery, or to have Decrees within a short time for Default thereof; For enabling a Conusor or Plaintiff in a Judgement or Statute (if he will) to make his Entry and Claim, and then bring his A­ction for Recovery thereof, which he is driven to after with much Trouble and Charge about Executions concerning the same; And for Recording and Registring of Deeds and Con­veyances, Judgements, Statutes, and other Incombrances upon Lands and Tenements, For prevention of Frauds and Deceits in Sales, and quieting of possession of Purchasers, And for enabling Creditors to have the benefit of Coppy­hold and Intayled Lands and Tenements for their satisfaction, as far as may be conveyed by Surrender, or cut off by Fine or Common Recovery, And of all Chattals Reall as well as Personall, it is forborn further to write of or concerning those things.

And as concerning the necessary continuance of Writs of Error in some cases, (which (as is also said) is proposed to be taken away) which if it should happen is doubted will be an occasion of Appeals (if any shall be) to run to Infinites, in such manner, that it will be impossible to have any considera­ble number of any Appeals to come to a period by that time (as is given out) is proposed concerning the same, but that the same rather will remain severall years undetermined.

And as concerning divers other things necessary to be ta­ken into consideration (they being ready written to be pub­lished [Page 10]in convenient time) it is forborn further to mention any of them.

Another (as is also said) is to the effect, That Distresses ta­ken for live goods preserved by the space of ten dayes, and not replevied, and of dead goods not replevied in 15 dayes, may be sold, which shall be in this manner, (that is to say) The party distraining, or some on his behalf, shall acquaint the Sheriff therewith, who shall at a Court, &c. cause twelve per­sons to be sworn to deal uprightly touching the apprizement of those goods, and giving the parties who distrained them just satisfaction out of the value of them according to their best skill and judgement; And the parties so sworn shall thereupon make apprizement of the goods, and likewise set what is due to the party who distreined them, with his dama­ges and full costs, and the charges of the following of the Distresse.

And the Sheriff shall thereupon sell the goods, and by the price pay the party distreyning his full debt, damages, and charges so found by the Iury; (if the value will extend there­unto) and if there be a surplusage, to restore it to the owner of the goods, all but his own Fee, which he is to retain, and shall in a Court cause the apprizement and distribution of the money to be entred: And these proceedings to be finall, without further question to be had in Law or Equity.

But may not there be Error, or cause of Attaint, or an Ap­peal in this, as well as in any other cause, although the first part of this is like to be a very good course? And in such case it is just, that relief in some way should be to the party grie­ved.

And another of them (as is also reported) is, That an As­signee of a Debt after Entree of it in the Registree shall be enabled to sue for it in his own name.

But yet it is hoped that such Proviso will be made, that no unlawfull maintenance may be introduced, whereby any may be deprived of any just Debt, or the Debtor thereby disabled to satisfie his former reall Debts. And that the Debtor may first pay off all he oweth upon matter of record appearing to [Page 11]be due, or entred in the Registry, &c. before any such Assignmēt shall be available. And that such Assignment, if it shall af­ter appear to be fraudulent, or for a feigned Debt, or upon any matter fraudulently devised, shall not be available against any Creditor, for good or valuable considera­tion.

Another of them is given out to be, That an Executor or Administrator may pay a Debt without specialty, due by the Testator or Intestat, before any other Debts upon specialty, or upon Iudgment, Statute, or other matter of Record, to the Common-wealth, or to any other person, (if the Execu­tor or Administrator shall not have notice of such other Debts.)

Without any proviso, or limitation of time, after the death of the Testator or Intestat, to give such notice, of which it is hoped that due consideration will be had that the Te­stator or Intestat (continuing a wicked, avaritious, or a Heathenish, or Atheisticall life, and condition.) Divers before alteration of their Wills or Testaments, and many of them before the making of any, (being too many) may not contract fraudulent or feigned Debts in such secret manner that it cannot be discovered (which hath been too frequently u­sed) and thereby many defrauded of their just Debts and Demands; or that notice may be in such like case in like manner as hath been written, and lately published in print.

Another of them (as is said) is, That if any shall send a Challenge or Duell to any, and he accept it both of them to suffer death, the one for sending, the other for accepting, and the Messenger to lose his hand: A doubt in this may be of occasioning Assassinations by the parties which shall so send such Challenge.

Another of them (as is said) being, For erecting of new Courts of Record and Iudicature in all Counties of this Na­tion, consisting of five Iudges in every of the same (where­of one of them at least to be a Counsellor at Law) without respect of the greatnesse of some, and smallnesse of others [Page 12]of those Counties; or of the multitude of People in some of them, and the paucity in others of the same; And that Iudges shall be tyed to often sitting without adjournment above [...] times in the year, and not above one week at a time; which course its feared will be very chargeable, and little a­mend the former chargeablenesse of the proceedings in the Law; for tis like, that no Counsellor will be willing to neg­lect, forbear, or forsake, all his practise during the time of three years together, (which he must do if he be and sit as a Iudge) without good allowance or salary; And how then can any councell be found to be Iudge? and is it not conve­nient that Councell be versed in the Practick part, as well as the I heorick of the Law, be [...]ore he can be able councell to be a Iudge? and will any other Gentleman in any County under­goe such trouble and charges (which they necessarily must do if put upon such imployment, and forbear the most part of their domestick and necessary affairs during that time) with­out some recompence, and not altogether to be at their own charges; as Iustices of Peace which are not tyed to such care, duty, and attendance, in such troublesome and chargeable manner by many degrees?

Another of them being, (as is said) That no Attorney shall take above 6 s 6 d. for suing out the first Writ, draw­ing, copying, and ingrossing the Declaration, including the fee for the Plaintiff. And the like for Appearing, put­ting in a Plea either Generall or Speciall, Copy of it, and the fee for the Defendants Attorney 3 s. 6 d. at a Tryall, or Writ of Inquiry, and the like for prosecuting and suing out the first Execution. And that no Attorney shall receive any fees exceeding 10 s. in any one cause, besides the forementi­oned, and some other small matters, or to such effect, and yet shall continue and use his best endeavours to bring the Cause to a speedy end, or otherwise shall restore all the fees which he shall receive.

In which, if it be ment untill the mony be paid, or satisfa­ction given to the party, much inconvenience may be, for the Declaration may fall out to be special upon some contin­gent [Page 13]occasion, for which no precedent hath been, and it may be necessary that many long recitalls of severall Deeds, E­scripts, Minuments, and writings, parcels and particulars of goods, and sums of mony, accompts, and severall times, and places of acting diverse things, which will require two days time of study, writing, and pains about many of them, and necessarily may be very long, many of them 40 or 50 sheets of paper, and some of them more; and the like concerning speciall pleadings. And if some short forms of pleading (as is said be proposed) should be only used (of which herein more is written) then it is thought necessary to set down and expresse in writing, what matters only shall be insisted upon to be proved, or given i [...] evidence at the Triall, and a coppy thereof to be deliver'd to the adverse party, or his At­torney, a convenient time before the Triall, to consider of drawing up bills of Exceptions, Demurring upon Evidence, or praying a speciall Verdict, otherwise the poor Defendant may be triced and deprived of his just defence, when his cause is good, and be overthrown against all right and reason: and is not this as convenient to be done, and put into wri­ting, as upon General issues pleaded according to the new Act (which as is reported is proposed with a prescription of how many things only shall be insisted upon at the triall, which is thought to be very well done?) And w [...]ll it not be as convenient, or much more, to have the body of the Decla­ration according to the old antient Formes or Precedents, contrived at first by very learned, judicious, and conscienti­ous men, at the request or appointment of our [...]ncestors, for the quiet of themselves in their times, and us their posterity after them, in avoiding of vexatious, unnecessary, trouble­some, trivilous, and chargeable sutes, which is conceived by many are more like to encrease than abate, if those laudable Forms or Precedents should be laid aside? And will it not be as chargeable to have such things put into writing at last, as at the first? And will not the Defendant have the better time to defend himself if done at the first? and will it not thereby [Page 14]be discern'd, whether the cause be good or not, and save much charge before it proceed, and many frivolous and un­just sutes then die in the breeding, and thereby Suters have the better content? And if the matter should be put off to the last, before it should be put into writing (that is to say) un­till a Demurrer upon the Evidence, the finding of a speciall Verdict, or Bill of Exception, will or can any be found or heard of after a small number of years to do or draw the same? And will not then Learning, Knowledge, and ludgement in the Law be at, or fall to a very low ebb?

And will not then many Suters be much prejudiced or wronged by reason of many of their just Causes going against them, contrary to all right and reason?

And will not that endanger such things as here in another place is mentioned?

And if a stranger should have a Cause Tried and goe a­gainst him, would it not be a better satisfaction to him and his Countrymen (to whom he should shew his Cause) to see the Cause appear in writing, that they may know the justnesse of the passing, finding, and judging the Cause against him; than to have the matter stood upon, to be blown away, or vanish in the Air, or be as obscure and mysticall to him, or any of his Countrymen, as if it were in the Clouds, and be an occasion of suspition in them of some unjust carriage in the businesse? And what danger such obscurity may be to the alienating of the affections of Strangers to the people here, many make doubt.

And as for having such to be Clerks or Attorneyes in the Innes of Court, or Chancery, as many have been (and as is said is proposed should be, and none other) how can such be expected hereafter? will any be at the charge to train up their Sons that way? or will any bend his studie to that (which is most difficult, and troublesome, and chargeable, and so difficult, that few who have long studied in the same have at­tained to any considerable perfection, knowledge or judge­ment therein) And none can be good Clerks in the Law [Page 15]without it, or any Attorney considerable; by which after he shall perceive that he shall not be allowed to live, or so much as be recompensed for his pains in any considerable manner, no not so much as a Cobler or Porter in their wayes, and yet to be censured in their reputations, as to have been as bad as if some of them had acted such things, for which ignominious penalty (as is reported) is proposed to be imposed, and for such things as were never heretofore done, to the discourage­ment of Clerkship and all manner of learning? And how can it be imagined, that any such should subsist in these times, if he must not take so much, nay not half so much as in antient times, when they might have had better Diet by the Week for 2 s. and 6. d. than for 10 s. in these Times, for studying con­triving, and drawing of pleadings, that is to say, Bils, Decla­rations, Answers, Pleas, Speciall Writs, Speciall Verdicts, Bils of Exceptions, Demurrers upon Evidence, &c? about the studying and contriving of many of which (to doe the same aright) the time of a day or two, or more, may be required, and yet the Declaration when done very short, not above one, two, or three sheets of paper, although some of the same may be very long, as herein is mentioned in another place: which trencheth most concerning Speciall pleadings, for which some Councell and Clerks have deserved sometimes 5 li. when as o­thers have not deserved 5 sh. Which things proposed (if they should take effect,) is feared will be an occasion of the peri­shing of causes, which shall happen to be difficult, being most cómonly concerning weighty affairs, & causes of great value; for few or none will undertake to meddle with them, when they shall perceive that they shall not be paid near to the worth of their pains. But in easy and petry Causes it is like to fall out that many will have great gains, and more than for­merly, for doing little.

And if some Proposals take effect (given out to be propo­sed concerning Paupers) are not Counsellors and Attorneys like to be troubled with many more Sutes in form of poverty hereafter, than formerly they were? which will take up much of their employment.

And are not Attorneys like to have much more trouble, tur­moyl, & travel in difficult cases, which are like to be put off frō Trial, one day appointed after another, by reason no Provision is made for examination of Witnesses dwelling or residing in places far distant frō the places of Trial▪ For which, if provision were made according to some Propositions formerly published in Print, great quiet would be in this Nation, and Trials aba­ted, Perjuries seldome committed, and Verdicts found, and Iudgement given to the content of most, and at small charges: And yet such Attorney, unlesse he be (as it were) a slave to his Client, must restore all the money which he received (as is given out is proposed) which is like will cause all Attorneys of ability to be weary of, and forsake their practise in a short time, and leave the imployment about such things off, to such as will deal as bad as Monopolizing Attorneys that have bought their places, or crept into the same by Gratuities or Rewards have done, in betraying their Clients causes by rea­son of bribes, or Gratuities received of, or from the adverse party; which they frequently have practised: For if such Monopolizing Attorneys be not waited or attended upon by the Suter, their Solicitors Friends or Servants, they usually permit good causes to perish, and seldome or never have used to send to their Clients for to come to them, or send instru­ctions to prevent any danger: so that upon the whole matter it may easily be perceived by any that look into, or inquire after the dealing of Monopolizing Attorneys, that they are not only meer uselesse, but burthensome and mischievous in a Common wealth, as bad as Mise in a Barn, and if such should be in the new erected Courts (as some have said is proposed, others the contrary) as be in corporation Courts, they must be attended upon by the Suters, their Servants, Friends, or Solicitors; which would better serve for that purpose, with­out any Monopolizing Attorneys; but that all Attorneys in private mens causes, may be in generall, and at large, in all Corporations and Courts of record, as by Law they antient­ly have, and now of right may, untill they were injuriously hindred, debar'd, and interrupted by buyers and sellers of at­torneys [Page 17]places contrary to Law; for the Iudges of the superi­or Courts at Westminster, never debar any of ability of Attorneys in the Inferior Courts, to practise in the Superior, (such Judges knowing the Law) but the ignorant Judges of inferior Courts have been usually wrought upon by Monopo­lizers for rewards, to debar and exclude the learned and able Clerks, and Attorneys, from practising in the inferior Courts, which hath been the occasion of buying and selling men in such inferior Courts, and if such courses should continue, would they not then multiply? & if people see that they cannot have Iustice & Right, may it not be feared that they will go to Cutting and Slashing? And then how can it be expected, that after a small number of years, any Attorneys of understanding or ability are to be found, or heard of? And must not then all Suters go first to Counsellors to have their Advice to their Causes stated in writing? Or can it be expected, that any Counsell will give his Advice (without the Case be so stated; or draw into writing any thing at all, where much pains is required) when he must take nothing for it? And who shall state such Case into writing if the Suter be not of Knowledge, and Ability sufficient of himself to do it, when no Clerk or Attorney can be found to do the same? And if any Such should be found, how can it be imagined that he will do a­ny such thing, if he may not be suffered to take any thing for it? and is not the Profession of a Clerk most troublesome of any, and greatest Trust and Care to be had therein? and of the Attorney nearest to it in that respect, and of the honest, learned, and painfull Councell next? and yet do not favo­rite Counsell, by favour of, and combination, and sha­ring with—take much for doing little, and sometimes nothing at all, or no Good at all for, but mischief to their Clients, and have they not many times taken great Fees, and done nothing for the same, but deceived their Clients? And when that such Clients have gone to such Councell for their mony again, have not such Counsell put them off and sent them to their At­torney, saying that they would speak with him about it? and durst any such Atrorney go to any such Counsell, upon any [Page 18]such occasion? And hath it not been usuall with such favorite Councell to find fault with any Declaration or Pleading at Trialls and Assizes, in which they have not had their fees nor meddled with at first, and endeavoured to put their Client off after they have received Fees there, and very high, untill ano­ther day of Triall or Assizes, and yet detain those Fees, when such Declaration and Pleading, hath been drawn and penned, well and better, and by far better Counsell than such Favourit, and is it not generally thought that such Favo­rite Councell so use to do for their own only lucre, prejudiciall to their Clients, and have they not prevailed with many Cli­ents, and effected their purposes therein?

And have not honest Councell, Clerks, and Attorney, when there hath been only jealousie, suspition, or report of disho­nesty in them (though without cause or feigned) been scandali­zed & clouded for some time? And have not Ambodextry, &c. been connived at in some other Sorts (those thereby grieved and some others knowing thereof, not daring to call them in Question by reason of [...] ?)

And will not such Suters as be of Knowledge and Iudgement (being avaritious, cunning, and subtill, and unconsciona­bly, and deceiptfully bent) undoe, grievously oppresse and vex other quiet People deficient in those qualities, in wringing many of their Estates from them without any just cause? And will not People then be constrained to follow their Sutes in their proper persons, or by their Domestick and Meniall Ser­vants, Neighbours, or Friends? And will not then many good Counsell forbear pleading or speaking at Trials and Hearings? &c. And will not then such cunning Suters plead their own Causes, and wrangle and scould out honest and plain-dealing and meaning men, and such Councell as then will be had, out of many a good Cause? And will it not cause great trou­ble and charges to Suters? And will not ignorant people then run head-long in unjust, intricate, and frivolous Sutes (like a blind horse running his head against every Post, Wall, or other thing in his way, and many times into a Ri­ver or Ditch?)

Another (as is given out) is, That no Serjeant at, or Councell of Law, shall take or accept any thing of any Cli­ent but only as followeth (that is to say) for subscribing his Opinion to a Case stated in writing, or for speaking at a Triall, or for making a Motion, ten shillings; for arguing a Demurrer or speaking at a Cause in Hearing in Chancery, twenty shillings.

And where can Learned or Judicious Councell or Serje­ants at Law be obtained at such low rates, and will continue their parctise?

And after the departure of those which be now of such; when will any other of the like be hereafter?

Can any Imagin that any will be at the charge or trouble of such hard study to gain his living by practise, when some­times he must wait, as is formerly proposed and published, before he can be heard a Motion?

And can any learned Councell afford for twenty shillings to study and draw in writing an Argument in Law, about which many times they have been a month, and sometimes more?

And why should any be at the trouble of drawing or per­using, or amending of any Bill, Declaration, or Plea­ding in Law, of great length, and subscribing it, and be allowed but ten shillings for so doing? or drawing of Brevi­ats of the like kind, and be allowed nothing for so doing, though they have been a whole or severall days about it? Is it not the best, most conscionable, and equitable way, that without penalty, by Councell, Clerk, or Attorney, they may take according to their Desert, or as much as the Client will willingly give, according as by the laudable Custome approved by our Ancestors for severall ages they have used? And have not such as have transgressed therein undergone the penalty as Extortioners, and been prosecuted? And is there not sufficient provision in the Law already in force and use for it?

And it is thought the more necessary and convenient, that this old way, the true Labourer to have his just hire, convenient [Page 20]to continue for the preservation of Learning, which other­wise will decay, and the way of true instruction of People in the Christian Religion, and the Law fall, and with it (which God forbid) the quiet of this Nation, (which is doubted) will indanger the ruine and destruction of the People here.

And if Councell should be so restrained, would it not be an Occasion of the neglect of Learning and Study, and yet to doe as some ignorant Lawyers, or Advocates do in the Country, where small Fees be allowed, in minding no­thing, but contriving their own Gain, and not at all regar­ding their Clients good, in taking such small Fees for every single Question, and another such Fee for the same, if they forget the Resolution of such Councellor or Advocat in going out of his door, and returning again to ask of him the same Question? And how long together have any Nation where any such usage hath, or Self seeking men only have been (go­verning by Laws made on a sudden) continued in Quiet? And if Physicians should be so limited and constrained, would they regard their Patients, or leave them to beggerly Mounte­bank and Quacksalvers to perish under them?

And if Counsellors, Attorneys, and Clerks, should (as antiently in the times of our Ancestors) receive accor­ding to their Deserts, as (after all such unlawfull combina­tions and practises in Monopolizers abolished) they have u­sed (many of them having deserved five pounds when others not five shillings, and yet have took much more for doing little, than the best Deserving have done for doing much) Then would not all manner of Learned and Iudicious Practi­sers, which attained to considerable Learning and Iudgment in the Law (few or none of which have been heard of to be other than Honest, or any Dishonest to bend their minds in studying for any such thing; for if those of such Profession, according to their respective Numbers, should not be (as they have been) more honest than any Professions of like Num­ber, they would soon be found out, and by many Degrees sooner than any other of any other Profession, and be accoun­ted [Page 21]the worst of Men) as formerly, willingly give Advice to some Clients (that is to say, such as have formerly gratified them according to their Deserts) without any Fee, Gratuity, or Reward whatsoever, asking, or accepting if tende­red?

And have not such learned and judicious Practizers almost alwayes done so, when it hath not been like that the Client should have any Benefit in those things for which they have asked Advise? And will not such Counsell, Clerks and At­torneys thereby grow and proceed to be expert in the Law, as formerly, and be a means of preservation of the Antient Laws of this Nation, being grounded at the first upon the Old and New Testaments? according to the Direction of Papa Eleu­therius Bishop of Rome, to noble King Lucius of this Nation of Britain, and first Christian King in the World, in his Chri­stian Epistle (in answer to the Message sent by King Lucius to him for the Roman Lawes to govern the people of this Nati­on by) putting him in mind that when he was at Rome (where he was trained up in the Christian Religion during his youth, among the Christians of the Primitive Church, in the second Century after the passion of our Saviour) with his Christian Brethren there, he received the Old and New Testaments; ad­vising him, that out of the same he & his People would take a Law to Govern by: intimating to him that thereby he should govern well, & that so long as he should govern well he was K. otherwise cease to be King. And after continued according­ly in the time of Constantine the Great, a Native and King of this Nation, and first Christian Emperour in the World; the Grounds of which Laws have ever since continued by Custom according to the Word of God, and so long alwayes accoun­ted good, but otherwise not good, and so adjudged from time to time: And when antiently any thing hath appeared to the Great Counsel here in their judgemēts (according to the Light which they had in those times) to be introduced into the Laws, contrary to, or dissenting from the Word of God, the same hath been abolished & rejected, and the Laws, according to their Abilities, amended and reformed from time to time, [Page 22]and all things savouring of Heathenism rejected, and not all our Lawes abrogated and laid aside, and New made on a sud­den, which neither could nor can be suitable to the well being of this Nation in many years. And to alter or change Fun­damentall Lawes here, on a sudden (excelling others, before corruptions crept in) may be dangerous to this Nation, which hath so long been well governed in Peace and Quiet beyond other Nations; may bring the People here to the same Con­dition as others, and subject to the same Calamity, and as much threatned to Ruine as Others, and therefore is it not convenient that the antient and main Fundamentals of the Lawes of this Nation agreeable to the Word of God may be preserved, and those things thereunto dissenting abrogated, to continue the same not only from being a Scandall, but that the same may be a Precedent to other Nations for their and our Union, for a perpetuall Peace and quiet living of them and us in Amity, for their and our preservation in the Christian Re­ligion against all Opposers whatsoever? For effecting where­of (omitting all which may stop, stay, smother or bury in ob­scurity any good things) hope is in the honourable the Com­mittee of this present Parliament for consideration of the Pro­ceedings in the Law, &c. to perfect (after serious considerati­on and mature Deliberation had of things proposed in their Judgement necessary to be Enacted) before they present the same (with their many good things which (as is said) they have in readiness) to the Supreme Authority of this Nation, the Parliament of England (being few things new invented can be perfect at the first) that the same may remain as a Me­morial untill the coming of our Saviour Christ in Glory.

And that as this Nation hath been honoured with the first Christian King & Emperour in the World, so it may with the true and purest Reformation of Christian Religion, and most quiet Government.