GReat Complaints have been publickly made, setting forth the wicked Practices of the Professors of the Law, and those who have dependance upon the same, by which I conceive, has been plainly made ap­pear the great Calamity of the People, and how Thousands of Families have consequently been ruin'd thereby. Yet notwithstanding the Interest of those professing the Law, hath been hitherto so great, no Care has been taken to redress the same. But finding that few particular Instances in Relation to Fact (which always makes a greater Impression upon the Minds of Men than a general Notion of things) have been gi­ven of Matters of this Nature; therefore I conceive my self obliged by the Duty I owe to my Native Country, as well as in order to my own Preservation, to give a brief Account of the evil Usage my self and some Friends have met withal from [Page 4] Persons Professing the Law: By which, (if we Judge by the Rule of Proportion) the Misery of the People in General will manifestly appear. And that according to the present practice of the Law, no Man is safe, but liable to be Eaten up and De­voured.

There's none concern'd in Merchandice, Trade, &c. But must unavoidably have Disputes, some of which will conse­quently beget Law-Suits, which often times are seen to prove (as things are now managed) to be the Ruin both of the Plaintif and Defendant, and many Suits appear to be kept on Foot only to promote the Interest of Attorneys, &c. all which Evils come to pass principally through the Remisness, or rather, gross Corruption of the Judges, who are intrust­ed with the Executive part of the Law, and want not Power to check and put a stop to all these Evil Practices; which spin out as it were the very Bowels of the People. So that we who have been for many Ages past, the happiest People in the World; and even the envy of other Nations, are now become the Miserablest People in the Universe, only for want of our Laws being duly Executed; yet lest it should be said I Caluminate Persons, and am not able to prove Matter of Fact, I shall give a short Relation of several Matters, not long since Transacted (some of them very lately) which I conceive will fully Demonstrate what I say, viz.

1 There was a certain Person came to my House, to Lodge and Diet, pretending to be a Lady, (was Recommended to me as such) and in some time, she became Indebted to me, by Moneys Lent, &c. about 30l. for which she gave me Bond; then I discovered her to be a Cheat, upon which she fled from my House, and it was some Years before I found her out; then I Arrested her, which begot a Law Suit, that cost me near 40l. yet I am kept out of my Money to this day; and tho it was then publickly known, this Woman was a profligate Wretch, who had escap'd out of New Gate, and had several pretended Husbands (some of which had been Executed at Tiburne, as Fellons) yet in this very Suit, was admitted as a Pauper at [Page 5] one and the same time, both in the Kings-Bench and Chancery, (tho my Debt as hath been said was upon Bond,) she produced about 18 Witnesses, not one of them appearing to be of any Reputation: Nay, my own Attorney who knew what Wicked People I had to deal withall, and to whom I gave strict orders to be careful of my Business, suffer'd me to be Non-suited to my Cost, 6l. 6s.

2. This pretended Lady, and her Gang, was not satisfied in Engaging me in Two Suits of Law, for they and some Lawyers did prompt and excite, a Young Man to Sue me, (whom I had brought up from a Child, and put forth an Apprentice at my own proper Cost and Charge,) tho he had no Just Ground so to do, being prompt thereunto by this Gang, and some Lawyers, (as he has since with sorrow confest to me) upon which I had him before a Judge, but could have no relief; but in a little time, the Young Man was sensible of his folly, and of his own accord, came to me and beg'd Pardon for what he had done; so we went to the Attorney and order'd him to stop Proceedings. Yet now my Attorney brings me in a Bill upon this account, tho there was no Proceedings thereupon; but his wickedness to me will farther appear; which at present I shall wave, and go upon other Matter.

3. I was Trustee for Two Young Men for several Years, and the Account between them and me, was Stated by Two Attorneys, who Audited the same, and set their hands there­unto; yet some Years after these unhappy Young Men, met with some Lawyers that put them upon Suing of me, tho there was not the least Ground for it, as in the end it did appear, to the High Court of Chancery, the Matter having been Twice referred, by Order of Court, to a Master in Chancery, who Audited the Account, in the presence of Two Counsellors at Law; this Unjust Suit was near 200l. Charge to the Young Men, to the utter Ruin of one of them; who lays his Ruin, and I think Justly, at the Lawyers Door, as the Cause thereof.

[Page 6] 4. I took out a Writ against a certain Person; upon which a Bayliff took him, and took Bail of him in his own Name; then came to me, and swore desperately, if I would not give him 40 s. he would let his Prisoner go. I not comply­ing with his unreasonable Demands, he arrested me; where­upon I summon'd him before a Judge, who did acknowledge, and say I was much abused, yet would do me no Justice, but seem'd rather to encourage the Bayliff, thereby to bring (as I suppose) more Grist to the Mill; so I was glad at last to give the Bayliff 4 l. to be rid of him, and secure my Debt.

5. The Attorney, whom I before did make mention of, I did employ in several Businesses; for doing which, he sent me in a Bill of 13 l. odd Money, and in some Months after sent another Bill of 17 l. (both referring to one and the same Business) and then sent me several threatning Letters, that if I did not forthwith pay him, he would arrest me; upon which I summon'd him before a Judge, before whom he appear'd, and whisper'd to him, and then gave into his Hand another Bill of 25 l. which I never saw otherways than in the Judges Hand; whereupon I acquainted his Lord­ship that I had two Bills before given me, either of which I was willing to have tax'd; but it would not be granted, tho I offer'd to prove that I had paid him 7 l 10 s. and that he charged me with near Five Pound for Counsel Fees, which he never disbursed, and that he had a Bill of 10 l. of mine in his Hands, and that he charg'd me 20 s. for viewing some Writings in my Hands, when I never employ'd him, he having been employ'd by another Person, who gave him 20 s. for his Pains; (nay, he had the Confidence to tell his Lordship, that he examin'd two Cart-loads of Papers by my Order, when as all of them were in a small Deale-Box.) The Judge was very attentive to him, but would not hear me, tho I offer'd to swear it (as I have since done before another Judge) and so sign'd and order'd the 25 l. Bill to be tax'd, and that I should pay in to one of the Prothonitors of the Kings Bench 25 l. in Money, which I though to be a great Hardship put upon me when I was not in his Debt; where­upon [Page 7] I waited upon the Judge again, and took a Friend along with me, who endeavour'd to Convince his Lordship, but all to no purpose, tho I offer'd to deposite the Money in a third Persons Hand, yet he would not recin'd from what he had done, but 25 l. I must pay in; upon which my Friend went to my Attorney, and asked him▪ why he was not wil­ling to have either of his former Bills tax'd; He deny'd that ever he gave me any Bills before, when as I have his Bills and Letters by me to prove it; but he shew'd my Friend the Bill sign'd by the Judge, and said, if I would not have that tax'd, he would Arrest me before Night. This was about a Month since, but he has not done it yet; so the Matter's still depending.

6. A Relation of mine sued a certain Person for 50 l. he was indebted to him; in prosecuting of which Suit he spent above 200 l. before he could recover his Debt; and in this Cause, between Plantiff and Defendant, there was spent above 500 l.

7. A certain Person came to a Shop-keeper (a Man of known Reputation) and desir'd him to give him Silver for a Broad piece of Gold; according to his Request he gave him the Money, but this Person, by a Trick of Ledgerdemain gave him a Broad Guilt Shilling, instead of a piece of Gold. The same Day it was done, he found he was cheated, and so made Search after the Person that did it; who finding himself dis­cover'd, and that he was like to fall into Trouble, was too quick for the Shop-keeper; for he takes out a Warrant a­gainst him, and had him before a Justice of the Peace, for Scandalizing of him; upon which, the Shop-keeper, and his Wife, acquainted the Justice of the Peace with the whole Circumstance of the Matter, and offer'd to swear it, yet the Justice of the Peace would not admit him to his Oath, but bound him over to the next Session of the Peace for Scan­dalizing the worthy Gentleman; but afterwards (not without great Trouble) he took him up with a Bench Warrant, and the Matter was tried at Hicks's Hall, where that and other [Page 8] Crimes of the like nature were fully prov'd upon him, (tho he produced near 20 Witnesses such as they were) for which he was by the Court Fin'd 40 l. but it was reduced to 20 l. which he immediately paid and went off, and the honest Shop-Keeper in prosecuting this Matter was at above 12l. Charge, and like to have no Satisfaction; for if he could meet with this Wicked Person, he says he dares not Sue him, seeing there is so great Corruption in the Practice of the Law.

8. A Gentleman was unjustly Sued for 100l. yet in Defend­ing himself, in that Suit he spent above 120. tho he did not pay the Debt, he had paid the better part of the Money to his Attorney who Arrested him before he gave him a Bill, after which the Attorney gave him a Bill; and he Objecting against some things in it; in a little time his Attorney gave him ano­ther, and made his Account above 10l. more, and then Laught at him▪ upon which he was advised by some Friends to get the Bill Taxt, but others telling him how [...] things were, advised him rather to pay the Attorney, then Involve himself in farther trouble, which he accordingly did.

9. In the Year 1692 a French Ship and Cargo, called the St Ni­cholas of Haverdegrace, of the value of near 3000l. in the open Seas was Seized by Three English Sailors on Board, (who had been Captivated into France) and Carried into Tenby, Dependant upon the Port of Milford; upon which Walter Midleton, Col­lector of the said Port, &c. Unladed the Vessel by Night, and Embezeled the Cargo, and withall Committed the Three Eng­lish Sailors to the Common Goal, at the same time Dismissing the French, who had been brought in as Prisoners. Informati­on thereof being given to the Admiralty-Court, Commissions of Enquiry were thence Issued, and upon Examination the Em­bezelments fully prov'd, and Sentence passed on behalf of the King; whereupon the Offenders moved for, and obtained a Pro­hibition out of the Exchequer to stop all further Proceedings, which is continued to this day; so the Spoil seems to have been divided among them, The poor Sailors were continued many Months in Prison, and did not obtain their Liberty without great [Page 9] difficulty; since which one of them has been Kill'd in the Pub­lick Service, another of them taken by the French, and carried to St. Maloes, where he was (as 'tis said) Murthered; and one Walter Jenkins ^*, whom the Sailors Employ'd in Prosecuting this Matter, as did likewise the Lords of the Admiralty on be­half of the King (who has been at Two or Three Hundred Pounds Charge in the Prosecution) appears to have been as ill treated as the poor Saylors, although their Lordships often gave him assurance, That if he prov'd the Facts, he should not only be satisfied for his Trouble and Expence, but very well rewar­ded; and tho he executed several Commissions, and hath at­tended this Matter for above Five Years (having been drill'd on, and fed with vain Hopes from time to time, to the utter Ruin of him and his Family) and expended a considerable Sum of Money, yet has not been able to obtain any Satisfaction, otherwise than that about Three Months since the Lords of the Admiralty sent for him, and told him at a full Board, If he would not concern himself any more in this Matter, but retire into his own Country, they would order him 10 l. which he was constrain'd, thro his great Necessity, to take.

An Attorney gave in a Bill of 13 l. to a Friend of mine, that summon'd him before a Judge, who reduc'd the Bill to 29 s.

11. Another Bill of 40 l. was given by an Attorney, which the Judge reduc'd to 7 l. and withal told my Friend, that if he pleased he would lay the Attorney by the Heels.

[Page 10] 12. Another Bill of 60 l. was given in by an Attorney, who was summon'd before a Judge, that reduc'd the said Bill to 14 l.

These three Cases, which I have last Recited, may seem to be great Acts of Justice; yet with Submission in my Apprehension they are not so, but particular Acts of Favour and Kindness, in regard the Judges (who are sworn to do Impartial Justice) did not punish the Attorneys ^*, by disabling them to practice for the future; for having made so great and notorious a Breach of the Oath they took, when they were admitted to practice as Attorneys, they at the same time being Invested with a Pow­er, which enabled them so to have done. So that all this a­mounts to no more than as if I should take up a Person, who had cheated me, and have him before a Justice of the Peace, who should oblige him to restore to me what he wrong'd me of; and afterwards dismiss him, and give him leave to cheat any Body else whom he pleas'd: For so it is, that when Men are not punish'd for their Offences, it does but encourage them and others to Commit the like Crimes for the future, and to be more wick­ed than they were before; which plainly demonstrates any Na­tion, having good Laws that are not kept, serve only to make the People so much the more miserable.

And whoever does but consider how Councellors ^*⁎* and Attorneys at Law, are oblig'd by their Oaths, not knowingly to engage in any Evil Cause, or to encrease Fees, and views but [Page 11] the Practice of them every Term, can hardly conclude other­ways, than that they are, for the most part, dreadfully Per­jured, which they seem to be hardened in, for its well known they generally make but a Jest of it.

And those few Instances that have here been given of their Evil Practices, cannot be judg'd to be the hundred thousandth Part of the Misery the People of this Nation undergo, by rea­son of the Corruption of the Law, and without all Controver­sie, a Multitude of Families are every Year Ruined thereby, for many Thousands of Persons may reasonably be suppos'd to be engaged in Suits at Law, that understand nothing of the Law, but refer all to their Attorneys, and if they find they are ill treated by them, and a Dispute happens to arise between them, they are not able to contend with them, but for the most part lie at their Mercy to do by them even as they please; yet if any are so hardy as to contend with their Attorneys, so as to have their Bills Tax'd, generally speaking, they can have little Rea­son to expect Relief (Experience tells me, and other Men so) upon the Account they who are Judges of the Matter, are Bre­thren ^* of the same Quill, from whom a Man has no where to Appeal, insomuch that many Honest Men are now afraid to Sue for their Just Rights, for fear of wasting their Estates, by being involv'd in Chargeable and Long Suits, and it's even my own Case at this time.

So that what by the Evil Practice of the Law, and the Cor­ruptions that have crept into the Government during the late War (occasion'd by Reason of His Majesty's frequent and long Absence) the People in general are brought into great distress, [Page 12] Trade ^† being reduced to a very low Ebb, and Handicrafts­Men and Artificers, who formerly us'd to Live Plentifully, and well, are now brought so low, that if some speedy care be not taken to revive Trade, Thousands of Families in this Nation will be in great danger of being Starv'd.

Whatever English Man has been abroad in Foreign Countries (as I have been) and seen with what little Expence, and how soon Law Suits are there brought to a period, cannot, without Regret, behold the present miserable Condition of his Native Countrey, the more, in regard, it so visibly appears to have been brought upon us by the wickedness of some Persons among our selves. With my own Eyes have I seen honest worthy Persons, who detected and prov'd Notorious Crimes, publickly Ruined, and suffered to perish through Grief and Want. Yet notwith­standing all these Evils, it must be acknowledg'd, we have the best Prince, and the best Laws of any Nation in Europe. So that now, upon this Happy Peace, we have no Reason to que­stion His Majesty's Goodness to his People; and it's the just Apprehension of His Majesty's Goodness and Justice, that makes me look back with Comfort upon the Happy and Glorious Reign of Queen Elizabeth; in her time, no Man durst Embezel or Mis­spend the Publick Treasure; and if any of her Judges should have been heard publickly to declare, the Perquisites of his Place was worth 3000 l. per Annum, She would soon have Caged him, and found a Person more worthy to fill the place. Edmond Bohun, Esq; who Writ the Life of this most excellent Princess, in Page 60. says, She well considered whatever was re­commended to her, as useful to any part of her State, carefully view­ing the Conveniencies, and the Ill Conveniencies thereof; and what was at last found Ʋseful or Profitable to the Body of her People, was Setled by Authority. It was a Maxim with her, That Equi­table [Page 13] Laws, and Equal Justice, are the Two Sure and Lasting Foundations of a State, Page 64. She dealt very severely with all those that were found guilty of Frauds or Cheats in the Publick Revenue, which sort of People She us'd to call Harpies. She dis­couraged, as much as was possible, all the Tricks and Corruptions in the Courts of Justice, Page 296. She Increased the Wages of her Judges, that she might deliver them at once from the Temptation and Suspicion of Bribery.

She Passed an Excellent and most Equitable Law, for the more speedy Determining the Cases depending in her Courts. She Admo­nished her Judges, That they should consider the Judgment or Juris­diction they exercised was God's, and advis'd them diligently to Study the Law, in relation to the Profit of the State, and not shew the sharpness of their Wits by a Falacious Interpretation of a doubt­ful Law, to the Injury of the People, but that without Partiality, they should administer Equal Justice to all, and severely punish those they found Guilty. Page 316. It was ihe rare Felicity of her Times, that Men were Advanced to Honours without their seeking it, and sometimes against their Wills, being promoted for their Vertues, not Fortunes.

She would often tell those She Entrusted, That they might rest assured, she would reward their Integrity, Industry, and Equity, and if she found them Guilty of any Injustice and Oppression, She would as certainly Punish them for it. She would never entertain into her Service any Ignorant, Covetous, Dishonest, or Licentious Person.

She was an exact Observer of Justice, which is the most Resplen­dent of all the Moral Vertues, and of Veracity and Constancy to her Word, which is the Foundation of Justice. She was extreamly severe against all that broke her Laws, and punished sometime small Offences with great Severity.

Page 322. In all Private Suits She was observ'd to be a Religi­ous Observer of Justice and Equity, and to keep the Balance even between the Greatest and the Meanest of her Subjects; She preserv'd [Page 14] the Poorest from Wrongs, and made it her care that every Man might enjoy his Own, and serve the Publick with it, by the Impar­tiality of Justice, and the Equity of all Law Proceedings, provide­ing carefully for the Preservation of Humane Society, for the good of the Whole Community.

Page 394. In her Progress she was most easie to be approached by private Persons and Magistrates; Men and Women, Country People and Children came joyfully, and without any Fear, to wait upon her, and see her. Her Ears were then open to the Complaints of the Afflicted, and of those that had been any way injured, she would not suffer the meanest of her people to be shut out of the Places where she resided; but the greatest and the least were then in a manner levelled▪ She took with hër own Hand, and read with the greatest Goodness, the Petitions of the meanest Rusticks; and she would frequently assure them that she would take a particular Care of their Affairs, and should ever be as good as her Word.

She by her Royal Authority Protected those that were Injur'd and Oppressed;

She Punished the Fraudulent, False, Perfidious, and VVicked.

It has always been my Opinion, He that that doth not simpa­thize with, and hath not a Fellow-feeling of the Calamity and Mi­sery of others, cannot properly be said to be a Christian; for I conceive we are not bron barely for our selves, and the Good of our own Families, but are strictly obliged, by the Dictates of that Holy Religion we profess, to do all such Acts as tend to the Good and Benefit of Mankind in general.

It was a due Apprehension of this general Duty that en­duc'd me to appear in Print; and however, though I may be censured by some Persons, yet I call God to witness, that what I have done therein, has not been out of Malice or [Page 15] Prejudice to any Person, or that I propose to my self any Ad­vantage thereby (for I neither seek or want any Employ) but only a Hearty and Sincere Desire to serve my Country, by laying these things before this Most August Assembly, being sen­sible there's too many that endeavour, as much as in them lies, to Stifle and Conceal the People's Grievances, and keep them from the Knowledge of the King and Parliament, hoping there by to escape the Hands of Justice. The not pu­nishing Offenders upon the Abdication of the late King James seems to have been one great Occasion of all these Evils; and now if those that are Offenders shall escape Punishment, the Nation can then expect no Security for the future. The punishing Offenders will be doing the People Justice, and sup­plying of the King's Wants, and which appears [...] the only Means whereby to Re-establish Justice, and make [...]im and His People happy.