THe Author of this Discourse, is a man utterly a­gainst the licentious publishing of Pamphlets, as being very sensible of the danger ensuing by it, and professeth a dissability of composing any thing worth owning; But having been a suitor and a sufferer in the high Court of Chancery for very many years, even above the common age of man, and having found by expe­rience the former iniquity in the course of Practice in that Court, and the great benefit and advantage of that most excellent Ordinance, made by his Highnesse, and his most Honourable Councel, for the regulation and limitation of that Court, and being informed of some strong endea­vours used to repeal and null that Ordinance, doth crave leave for the publication of these his Observations, that so the people of this Nation, who have, or shall have occasi­on of suit in that Court, may be informed of the benefit they have, or may receive by the Ordinance: In which he a [...]meth at nothing but the publique good and welfare of the Nation.

Amongst the many things that time and corruption had made the object of Reformation in this Nation, nothing had more need of a Regulation and Reforming, then the high Court of Chancery, which was formerly, and especially of later times, so chargeable to Sutors in the prosecution, and defence of their Causes, and so corrupt and uncertain in the practise thereof; that in stead of a Sanctuary to the op­pressed, it was become a most intollerable burthen to the [Page 2]Nation, and (notwithstanding all addresses to the long Parliament) so continued, untill the Parliament which be­gan in the year 1653. (which was composed of persons, though perhaps not very learned Statesmen, yet doubtlesse men of very good and honest intentions, and very sensible of the burthens of the Nation.) By whom it was voted to be taken away. But that Parliament dissolving, it pleased his Highnesse to continue that Court, it being indeed of very excellent use for the Nation, and without which it can­not subsist, as the Common Law now stands, and both it and the Common Law being challenged by the people, as their indubitate birthright.

Yet notwithstanding his Highnesse was pleased to appoint divers of the Long robe to consider of a way for the regu­lation and reformation of that Court, but they (for what reason I know not) did not effect that good work, so much longed for, and needed by the people of this Land.

Whereupon his Highnesse by advice of his most Honou­rable Councel (notwithstanding the other great and im­portant businesses for the Government and safety of the Nation lay on them) did make an Ordinance for the Regu­lation and limitation of that Court. A better nor more ac­curate and excellent, this Land and Nation never saw, which after much strugling, almost a year after the making there­of, was put in execution; whereat, as no good man could take exceptions, so none but those concerned in point of a corrupt interest, could or did speak against it: and it may be well observed, that since the same was put in execution, no complaints have been heard against it from the people, for whose good and ease chiefly the same was made.

Yet neverthelesse, since the beginni [...]g of this present Par­liament, some unnecessary, burthensom Officers, which either had part of their former unconscionable gain taken from them, or else their Offices set aside, as unnecessary, have been indefatigable in their endeavours, to get that most excellent Ordinance repealed.

And a Committee of Parliament being app [...]inted for the view of the Ordinances made by his Highnesse in the int [...]r­vall [Page 3]of Parliaments, that Ordinance was most especially struck at, through the clamours of those late unnecessary Officers of that Court, who aimed not at the good of their Country, but their own private unconscionable gain.

Nevertheless it pleased the Parliament to referre the mat­ter to another Committee to amend that Regulation setled by the Ordinance (if they saw cause) and to send for par­ties Papers, &c. which Committee accordingly meeting the Attornies by command, and the late six Clerks atten­ded them; where the Councel for the six Clerks was heard in a most tedious and impertinent discourse, and the Attor­neys receiving then a command from that Committee, to prepare their reasons in writing, and to set forth wherein the Ordinance was good or bad for the people, and a very short time given them to that purpose: They (as I have heard) accordingly prepared their Reasons, and attended to have presented them to the Committee.

But the Committee not afterwards meeting, the Attor­nies Reasons could not be presented to them; and the Or­dinance being since by Act of Parliament only to continue during the sitting of this Parliament, it is much feared that it is the drift of those persons who are left out as unnecessa­ry Officers in that Court, to improve their interest, and use all endeavours to hinder any further consideration of the Ordinance by the Parliament, so that thereby the Or­dinance may fall to the ground, and the old way of Practice in that Court be set up again, to the great prejudice of the Commonwealth.

It therefore much concerneth all honest well minded people of this Nation, that they make their humble ad­dresses to the Parliament minding them, that before the end thereof, they tak [...] the Ordinance into consideration; and that what shall appear to be good therein may be confirmed, and what shall be found therein to be short for the intended welfare of the Nation, may be supplied, and what appeareth to them to be any way discommodious to the people (if any such thing there be) may be amen­ded; that so, so good a constitution may not fall to the [Page 4]ground unregarded, which hath with so much delibera­tion and resolution, been appointed for the good and ease of the people.

And to the end the people may be the better informed of the advantage they have and shall receive by that Ordi­nance, it were to be wished that those Reasons that the Attornies or Clerks of the Chancery, had provided to be presented to the Committee of Parliament, were made publique. But as there is just cause to fear that in them the Arrow was not drawn to the head (in their composing, there being a great opposition, as I have been informed, even amongst themselves) so without doubt they are now suppressed through the influence and awe the before men­tioned unnecessary Officers have over the abject and pri­vate spirits of the present Attornies.

The Ordinance in the first place provides a convenient number of Attornies, who are to solicite and manage the Clients Cause for 3 ^s 4 ^d a Term, which Fee was formerly received by the six Clerks, for doing nothing at all for the benefit of the Client, who was forced either to imploy a Solicitor to manage his businesse, to his great losse, or else to manage it himself, whereby his Cause often times miscarried, through either his own or his Solicitors ig­norance.

For the other matters formerly done by the six Clerks, it is by Ordinance provided to be done by three chief Clerks, who have Fees amounting to 500 ^lb a year a piece, which is a competent allowance for their labour, they being to file the Pleadings and Records, to have an inspection upon the Attornies, to make Certificates of matters re­ferred to them by the Court, touching the regularity of proceedings, to set down Causes for hearing, and tax cost: all which is better done by them, then ever it was done by the six Clerks; saving that the Chief Clerks, who were three of the late six Clerks, are somewhat sullen, and do not in some things pursue the Ordinance according to their duty.

Now this, and the abatement of the Fees, are the things [Page 5]that are struck at by the late six Clerks, and other uselesse Officers, whose pretence is, that their places, and the old Fees are their Freehold, and therefore ought not to be taken from them; that they purchased their places, and that they are of great antiquity.

As to their Freehold, I wonder whose Freehold their places had been, if the little Parliament had passed an Act for taking away the Court, as the former Parliament did for taking away the Star-Chamber, and high Commission Court, and this Parliament the Court of Wards, in which divers as usefull Officers as they, without reparation, lost their places, as much their Freehold, as the six Clerks, and also purchased at as dear rates. But the six Clerks may see their own unjust practice justly retaliated on them, that used at their pleasures, without cause, to turn out the Clerks bred up there, into the wide world to starve, if they had nothing else to live upon.

And for their Antiquity, It is true, there was one At­torney, and but one at the first institution of the Court, then as the businesse increased, two were added, and then three more, in which number they by bribery a long time stood a grand cheat to the people, and a crying oppression over the Clerks, who really did the businesse of the Court. And since six Clerks cannot possibly perform the Office of Attornies, and perform the businesse of the Client, it is hoped that it is no more injustice to increase the number of Attornies now, then it was in times past.

And I hope the six Clerks will be so ingenious, as to confesse, that besides the impossibility for them to solicite the Clients Causes, not one nor all of them together, are able to do any thing belonging to an Attorney or Clerk to do, viz. to draw all special Writs, Commissions, Decrees, Dismissions, and to make and write all other Writs, and copy Records. This being true, why should they be paid for what they neither do, or know how to do, or mono­polize the place of an Attorney, which they cannot execute.

Thus I hope it is apparent that their removal is no injustice, [Page 6]and that the increase of the number of Attorneys is a benefit to the Commonwealth; and there is no doubt, but if the Ordinance, as to the Officers, Clerks and Attornies of the Court, were put more strictly and duly in execution, it would be of admirable benefit to all Sutors, and those that are sued in that Court. For, the tediousnesse of suits, is by the Ordinance very well provided against, as also divers Writs, as Subpena's to make a better answer, and to rejoyn are taken away: as likewise, whereas before, when wit­nesses were examined in Court, or by Commission ex parte, it was ordinarily two or three Terms before publication could passe; now it is provided in the Ordinance to passe in a week.

Likewise the making of all Writs open, cannot but be a great satisfaction to the people, they being thereby ena­bled to see whether the Writ have any mistake in it or not; whereas while they were close, the Client was often put to a deal of fruitlesse charge, especially in the Commissions, to examine Witnesses, as I my self have found by experi­ence: And likewise it is left by the Ordinance at the Clients liberty to execute a Commission in any place, which with­out doubt is, and may be of good consequence, for the amicable ending of suits, especially if the Commissioners be men of judgement and integrity.

Also the frequent renewing of Commissions, tending only to delay, is well provided against by the Ordinance, and the Defendants having a duplicate, is of advantage to him, especially in cases where his witnesses are ancient and sickly.

Likewise the granting of Injunctions meerly upon the course of the Court, viz. upon the Defendants taking a Commission to answer, sitting in contempt, or making an insufficient answer, was heretofore a great grievance to the Nation, but very well provided by the Ordinance, to be granted only upon sound and satisfactory grounds.

And also whereas heretofore a Defendant could hardly put in any Answer, but the Plaintiff would put in excepti­ons to it, which were referred to a Master, who usually [Page 7]favoured the Plaintiff, and so the Client was put to a dou­ble charge: Now by the Ordinance it is provided, that only the Master of the Rolls shall hear them; and the most ho­nourable and judicious Gentleman, the present Master of the Rolls, hath so impartially heard those matters, that it is believed the putters in of frivolous exceptions, have little encouragement thereto for the future, which is also a great ease to the people.

Likewise the making of orders upon whispering petitions is provided against, and orders to be made only upon motion in Court, and therein also the right Honourable the Lords Commissioners of the great Seal, are much to be honoured for their order of notice upon motions.

And the provisions in the Ordinance concerning Mortgages are very just and impartiall, and the Mortgager hath thereby a convenient time for redemption of his Land, and the other a sure way for recovery of his just debt, which formerly he received by minute parcels, whereas his Mortgage money was lent in grosse, and the Mortgager often enforced to an accompt after twenty years possession, to his great and in­tollerable damage.

Also the provision for References to be determined by three of the six Masters of the Chancery in ordinary toge­ther, is most excellent; the benefit to the people by it, is very apparent, and I my self cannot but recompt it as bene­ficial in my particular cases, with gratitude for the Justice by them done; and I shall not much insist on this particular, because the grievance formerly was crying, and universally known and felt, and the parties that did the wrong are deceased, and therefore I wish their doings may be buried with them, and I have so much charity, as to hope they did according to their Judgements; and it shall be my prayer that the Ordinance may be punctually observed, and neither Masters nor their Register, for any respects whatsoever, recede from their directions in and by the Ordinance, and then it must be a new generation that will complain against them, I have good reason to hope this will not, if they have done, and shall persevere to do according to the Ordinance.

[Page 8]It is also provided by the Ordinance, that the Registers places shall not be executed by Deputies, which I hope no man will speak against, for what reason is there that ano­ther person should have a tribute out of the labour of men who spend a great part of their age in attaining to ability in their profession, and then take a great deal of pains to do the Clients businesse; Why shall the poor Client pay for the Sack and Satin of another, by whom he receives no benefit, and the allowance yielded to the labourer there, by the unnecessary ignorant Officer so mean, that if the Client had not yielded a supply, there was not a sufficient recompence for the care and labour taken by those that were Deputies formerly, but now stand on their own legs; and sure I am that if the Ordinance, as concerning the Regi­sters be duly and conscionably observed, none will finde fault, but those persons who without art or conscience would thrust themselves into places they are not able to execute.

The Ordinance also provides well that the chief Exami­ners do examine all the witnesses themselves, and not by Deputies (as it seems they do) the Ordinance notwith­standing. And if they are not able so to do, either through their own incapacity, or the multiplicity of business, if the present Examiners be removed, or others of ability and ho­nesty be added to them, I hope it will not be a grievance worthy of any complaint.

The great cry against the Ordinance, under colour where­of the cashiered Officers have thrust in this head of their Serpentine complaints, is, that the Court must not relieve against new Bonds, and that Legacies shall be sued for at Law, I conceive that at the making of the Ordinance a provision was intended in those cases for a relief to be had at the Common Law, but if upon second thoughts the Chancery shall be thought the fittest Court to give relief therein, I wish the Suitors speedy and just relief there.

Likewise the Fees are lessened to half what they were before, or lesse, which I hope will be confessed to be an ease to the people.

I shall not grudge at the Fees given to Councell, and only [Page 9]pray that those Gentlemen may have pity and compassion on the poor Suitors to the Court, and that they presse not an evil cause too farre.

I could have wished that some abler pen might have shewed the usefulnesse of this Ordinance to the people, being my self, I confesse, insufficient to do it, but by this imper­fect discovery, the perfection of that excellent constitution may in part appear, and the drift of this endeavour being for the information of the people, and for their good and advantage, I hope the imperfections thereof will be par­doned, and that the adversaries to the peoples welfare will not prevail against this Ordinance, which was by the Su­pream Magistrate of this Commonwealth, and his Councel, with so great wisdom and exactnesse provided for their good.