CERTAINE PROPOSALS IN ORDER To a new Modelling of the LAWES, AND Law-Proceedings, For a more Speedy, Cheap, and E&rehy;quall Distribution of Justice through&rehy;out the Common-Wealth. Amongst which, besides others, is briefly Ar&rehy;gued the great inconvenience which arises, 1. From the distinction of Courts of Common Law and Chancery. 2. By Extemporary Verdicts, Orders, and Decrees. 3. By the Judges, Juries, and Perjurers not being lyable to make full Restitution unto such as are injured by their Per&rehy;jury, or Erroneous Judgements; together with their Re&rehy;medies. AS ALSO: Certaine Considerations for the Avancement of Trade and Navigation. Humbly propounded unto the Supreame Authority the Parliament of the Common&rehy;wealth of ENGLAND: By Henry Robinson. LONDON: Printed by M. Simmons in Aldersgate&rehy;street, 1653.

TO The Supream Authority of this Nation, the Parliament of the Common&rehy;wealth of ENGLAND. Right Honourable,

&Dic;Oubtlesse it is not unknown to your Ho&rehy;nours with what various expectations the Nations round about, & even the people amongst us, have fixed their eyes upon you, whom Providence hath set upon the English Throne. Cert&rehy;ainely it was farre enough from your owne thoughts within these few moneths, and therefore you cannot be said to have been am&rehy;bitious of it, much lesse to have long coveted it. To run di&rehy;vision of mens different opinions touching the Call your Ho&rehy;nours had thereunto, it cannot be expected, it should not be controverted, since nothing is exempt there from, and not a few believe all knowledge to be scepticall. But this I am sure of, that whereas all Powers and Governours hi&rehy;therto did so much seeke themselves, as that either their own or their Predecessors swords made way for them, your Call and admittance hath been so peaceably, as doth clearly de&rehy;menstrate the people did not only stand in need of you, but that you are obliged by all ties both divine and humane, to relieve them in this great extreamity of theirs, according to your utmost abilities, and the power which Providence shall invest you withall.

These Nations have beene reckoning or accounting with their Governours, and such as they sometimes honoured with authority over them for about these do&rehy;zen years; one while advancing and setting up this person and party, and soon after pulling them down again, and at last routing them all, their Corporation and Chart&rehy;er, by which through the prevalency of a crasie depraved major party, they began according to their Predecessors footsteps, to pretend they might by the Prerogative thereof give us stones instead of bread, and Serpents instead of fish, Mat.7. Go on wasting of our blood and treasure, with&rehy;out securing us in the liberty either of our own consciences, persons, or Estates: and whilst we thus bemoaned our sadde condition, sighing, groaning, and crying out, who will doe us good, in rescuing us from selfe-seeking Partisons, your Honours have set your selves in the gap, and undertaken our deliverance.

Goe on therefore with the same courage and integrity you have begun: and though your Predecessors left you much worke to doe, yet be not disheartned therewith, Supream Authority was never attained too with so much ease before, and cannot portend lesse then greatest Happinesse unto this Nation by improving the same aright, or greatest infelicity unto your selves, if you should forgoe the opportunity which is put into your hands. We say nothing is difficult unto a willing mind, much lesse to such as have both will and power, least of all when both Heaven and Earth concur in making smooth the wayes you have to walke in for working out deliverance unto these Nations. Wherefore as you have begun, goe on in the feare of God, and love to good men, let nothing amuse or startle you; there is no hazard or danger in doing good, and good is not so hardly distinguishable from evill, right from wrong, Mine from Thine, as Mountebanke Statists, and Lawyers would make the world be&rehy;lieve.

Please then to redeem the time your Predecessors have lost, and begin to gratifie us first with what we most stand in need of: Examine our Civill Lawes and Disciplin, mend, or make them such as may become suitable, wholsome, and thriving to us in time of peace, as our Martiall Laws and Discipline were during the late Warrs. To have no written Lawes may be thought to be a condition without rule, or lawlesse; and yet in whose heart is not the Eternall morall Law engraven'd? might not a people be better gover&rehy;ned then this Nation hath been hitherto, without any other rule or standing Law then of not doing that unto any man, which a man would not have done unto himselfe? but be&rehy;cause the written Law either out-reaches, or doth not reach most cases, it were better to have no written Law, no Com&rehy;mon Law at all, then not to have a Chancery to quallifie it, as to contract or stretch it, according to the righteousnesse of all circumstances; but to be subject to the extreamities of them both singly, to be first rack'd, and made weary of our life and cause by the dull senselesnesse of one of them, the Common Law; and after that to be unrackt, rackt backe or over againe by the pleasure, suggestion, or nothing&rehy;nesse of the other, the Court of Chancery , will much call the Judgment of this Nation in question, to be out-witted by a generation of Lawyers, and their hangers on, in being at charge to maintaine them at one fifth part of all our Reve&rehy;nues yearly, for tormenting us, and continuing our lives and all we have at uncertainty, and their own mercy.

If we do but consider a little, wee shall easily finde that such a Court as we meane by a Common Law Court, must necessarily be so litterall, so bestial, as that it must not yeeld a haire upon any occasion; as well Gods glory, as good peoples welfare must be sacrificed to it; nothing but summum jus, rigid right, or right rigidness, which is summa inju&rehy;ria, extream injuriousnesse, can be expected from it; only a knave or godlesse person who seekes no other happinesse, but his owne Revenge; nor hath other rule or conscience then his owne lust, will easily fence himselfe against the litteralnesse thereof, and expose the Innocent as a prey un&rehy;to it.

On the other side, that which we call a Court of Chance&rehy;ry, is such an absolute Prerogative Royall, as that every knave, oppressor, or revengefull person is able, upon no ground or cause at all, but meerely upon suggestion to com&rehy;mence and continue a suite, from one generation to ano&rehy;ther, with such plausibility, according to the printed Or&rehy;ders of the Court, and the Courts own contrary practice, as that to heare it argued, a man would not be able to guesse how it will likely be finally determined, about 20. or 30. yeares hence, unlesse hee could tell which side were like to have most money to see most Councellors, and what Coun&rehy;cellors were then so feed: But if you will resolve to dash both Courts in pieces one against the other, and erect one out of them both, endowing it with a power of Equity to Judge all people and causes in a middle way equally and indiffe&rehy;rently, as neer the Letter of the standing Law as each re&rehy;spective case can be brought, all circumstances considered according to principles of righteousnesse and reason, and so cashier those Laws, or legall cheates of Fines and Reco&rehy;veries, Statutes, Statutes-Staple, Recognizances, Leases of Ejectment, Mortgages, Penall Bonds, difference of Tenures, difference of Actions, Writs of Error, Outlawries, Bills of Middlesex, and such other Law-legerdemain, the great mi&rehy;stery of the Lawyers will be more common, and farre more easie then it is now, to Cook a dinner for their pallate. But

I beseech your Honours to reflect a little upon what I say in this particular: Our men of Law avouch their Mystery to be the most abstruce and difficult, and consequently to require the greatest art and study to be exact and profound therein of any in the world; whereas above 1600 yeares agoe the Apostle Paul reproaches the Corinthians, 1 Cor. 6.5. &c. in that there was not a wise man amongst them that might judge between his Brethren, and not suffer them to goe to Law before the Heathen: and what kinde of men were these that Paul there censures? surely much like the Coblers, Button-makers, Taylors, Weavers, with all manner of Handicrafts-men and Labourers, the inferior, poor, illeterate, despised of this Nation, who in the latter times of the world, we have observed to be zealous of the Honour of God, inquisitive after Truth, and conscien&rehy;tious towards their Brethren; and yet Paul thought they might, nay ought to have been wise enough to judge between their Brethren: surely Paul and our men of Law were of a different opinion, and I must crave leave to add, that if there had been amongst the Gentlemen of the Law-faculty, the like zeale to God-ward , or compassion towards their Brethren, they could never have so long endured to be pre&rehy;sent at the Bar, and heare so many conscientious innocent people lye under oppression for want of English Lawes to re&rehy;lieve them, nor so many righteous Causes to be formally ar&rehy;raigned, condemned, and made Law-martyrs, without compassing a redresse for us before this time.

If the written Law, common Law, custome, be in the Cause in question, it will be as clear as the Sun, it will re&rehy;quire no more then first to read the case, then the written Law, and the Judgement will follow as undeniable as the conclusion doth the premises of a rightly formed sillogisme.

Thus easie and clear would every Cause (to be decided by common Law) be, if it were taken in time, before it grew wild by the long run, and leisurely opened, and truly stated.

But if a Cause do not appeare thus clear to be determined at common law, then forthwith the equitable part of the Law takes thought of it, and the Judge having both of them to his guide, hath nothing else but this to consider of: That since ther was no written Law w&chsup; came home to the point, what a reasonable & understanding man ought to have don in such a case, all circumstances considered: and 2. how far forth the party complained of, hath acted by the rule of such reason and understanding (which may be truly said to be the common law of Nature & Nations, not of England onely) and may be presumed to have done, as he would be done unto in such a case, and to give Judgement accord&rehy;ingly.

Now whether upon such like notions, and further enquiry, this, so much pretended dark Mystery of the Lawyers, may not become more practicable and easie then Cookery, as I said, which is common to every houshold, let those Gen&rehy;tlemen themselves, and the most ingenious Professors a&rehy;mongst the rest, vvhen they have better leisure, give their opinion, towards the undeceiving, and so enfranchising of the People.

I vvould not be thought notvvithstanding to deny that these Gentlemen have not a kinde of lip-learning, or arti&rehy;fice, especially of words and tearms, beyond men of other Trades and Callings, wherewith their Customers are either enchaunted, or led into by-paths, beyond their owne know&rehy;ledge, and there left and lost both they and their estates. And how far forth such art and cunning is for their owne credit, and our good, let themselves be judges also.

But of all learning certainly that of the Lawyers is the most vaine, not onely unnecessary but mischievous, destru&rehy;ctive to a Common-wealth: and I have no little wondred to heare them stiled in every Order, Councellours learned in the Law, but that it is by the Clerks and Registers of the same feather, and for their owne interest sake; whereas their learn&rehy;ing is but Law-cheating, jugling, pocket-picking, which the tyranny of our former Governours (fear&rehy;ing otherwise that they should not be thought to have Law as well as Gospel to uphold them in their op&rehy;pression, and keeping us in igno&rehy;rance) suffered us not to speak a&rehy;gainst, or get redressed. I hope, and earnestly request such Gentlemen of this faculty, to whom I have any manner of Relation, and such especially to whom I acknow&rehy;ledge many obligations (and who I conceive mean no wors then other men who finde themselves put, or settled by their Ancestors in a way or Calling which they thinke themselves little obliged to question or suspect) that they will not be offended at this language; since all Courtship , fair means, and long-suffering hath prevailed nothing with them , though sundry of the most eminent amongst them, professed the necessity of re&rehy;dresse, and seriously engaged to see it done severall yeares since. I am sorry for my own Countrey-sake to make this Observation of it: That there are not such cunning famous pick&rehy;pockets, cheaters, thieves, in any part of the World, as in this Island of England. And as this Myste&rehy;ry of Law-cheating could not have been brought to passe, nor continued by its Abettors, with&rehy;out a kind of gracelesse wit and ingenuity; so did not the rest of the Nation want wit enough to counter-worke and rout them, but that the people of this Nation have enjoyed lesse civil liberties then other Nations generally throughout the Papacy, and where its supremacy domineers; though they pen and keep them up close as to their Religion, yet in civill matters they have had much more freedome and li&rehy;berty of propounding for or against what they saw condu&rehy;ced to or against Common-weale, and by that meanes had the advantage to become sooner and more civillized, and to partake of more civill accomodations then England hath yet been happy in.

And because you have herein to deale with a numerous subtile party, the Anakim's and Goliah's of the Nation, against whom every individuall true English man, even out of self preservation is obliged to come in to your assist&rehy;ance, I, though amongst the least of them, yet being no lesse willing then engaged to appear faithfull in my station, doe humbly tender these ensuing Proposals.

Wherein though I speake often of depositions, examina&rehy;tions, and certificates taken upon Oath, yet it is onely by reason of the usuall practice thereof at present. My opinion being that Oaths should not be made so common, but that all men should nevertheless be proceeded against for whatsoe&rehy;ver they had damnified any man for false Witnessing, or certifying against him, though it were not upon Oath.

Scarce a motion at Common Law, or in Chancery, but if we offer it not, the Judge cryes out, Who makes Oath thereof. At Sessions and at Assizes, all up and downe the land, nothing but Oathing of it, swearing and forswearing, though not so often yet as publicke, and as unpunished, and the parties as remedilesse, though perhaps most Causes are lost by the perjurie of one or other. At Custome-house and Excise Office, nothing to be done without an Oath. Oh the Land doubtlesse suffers, and knows it not, by reason of Oaths, and so much the more have we to answer for, in that we make a meer formality thereof. First we make the people swear whether they will or no, and when that's done, we rest not thereupon, but cast about how to make them appeare for&rehy;sworn, and when that's found out, we punish them not at all for the most part, and never proportionable to their transgression: But how easily might this land be free from these great scandals and offences, and that with much ci&rehy;vil ease and advantage, both unto the Governours and Peo&rehy;ple. The chiefe use, I meane abuse, of Oaths, is as afore I have said, in our Courts of Justice, and about receipt of the Common-wealths duties of Costume, Excise, and Taxes throughout the Nation. Upon all which occasions it is Pro&rehy;pounded,

First, That all Evidence given in any Court of Justice, be either by the persons themselves present in Court, and that in such case to be registered, or else by way of Examina&rehy;tions taken upon Interrogatories, or Certificate to be signed by the parties Examined, or certifying before a Judg, Justice of Peace, or other Officer appointed in that behalf, who may attest the said subscription, and if any person doe testifie or certifie any thing untrue, to the prejudice of his Neigh&rehy;bour, whether in person, goods, or name, let him be lyable to satisfie all dammages and charges whatsoever, unto the utmost, and be punished corporally, and worke it out, if he have not wherewithall to discharge it otherwise.

Secondly, The securing of the Common-wealths duties without thus Oathing of it, and tormenting of the people is as easily compassed. The late Parliament by severall Acts and Ordinances, ordered them to be paid, and perticularly that of the Excise, according to such rules and rates as are thereby limited, imposing a forfeiture of double the value of the Goods of the Excise whereof the Common-wealth should at any time be defrauded: half this penalty had been sufficient if the said Acts and Ordinances had not imposed upon the people greater trouble and vexation then was ne&rehy;cessary for securing of the duty, or just for the people to be exposed to about payment of it, which the grand Commissio&rehy;ners and their Officers might with so much more ease and comfort to themselves, have executed.

Wherefore for such duties as must necessarily be conti&rehy;nued, wheteher of Custome, Excise, or otherwise, when the Rates are once agreed upon, and ordered to be paid and re&rehy;ceived with as little trouble and vexation as is consistent with security of the duty, the bare forfeiture of the Goods offending will be penalty sufficient, being restitution of a&rehy;bout twenty for one upon most Comodities, one halfe to the Common-wealth, and the other halfe to the Informer: and who but a mad man will adventure ten or twenty to one, if the Orders for preventing frauds be but wisely con&rehy;trived, and diligently and faithfully executed. Second&rehy;ly, as to the Orders, that they be directed especially to secure the duty at the fountaine head, whilest the Comodities are in few hands, and easier to be looked after, as the Import&rehy;ers, and Exporters for the Customes, Smelters of Lead, Tinners, Planters, and Grovers of all Native Comodities, Makers and Importers of all manner of Merchandize and Manufactures within the Land, lyable to the duty of Ex&rehy;cise; and if these be but well taken care of, all the rest of the Nation, perhaps fifty or a hundred for one would be free from any manner of trouble, or vexation, which now every person throughout the Nation, by the letter of the Law, is subject to, if he buy, sell, or receive into his House but 5s. worth of any Comodities whatsoever.

The Excise then may be made payable once a quarter in the next Market Towne where the parties paying it reside, upon forfeiture of the goods, or full value thereof, the Ex&rehy;cise whereof was not paid accordingly, and for the easier discovery of such fraud it is propounded.

1. That all persons who are obliged to pay Custome or Excise, or that buy of or sell to such person or persons as are obliged to pay the same, may be bound to keepe Books of Accompt as carefull and understanding Merchants and others ought to doe, wherein they may be required upon a penalty, fairly and truly to enter all and every such parcell or parcells of goods amounting to 20. s. and upwards, spe&rehy;cifying the prices at which, and the time when, with the parties names to, or of whom such goods were bought or sold; and being required upon like penalty to produce their Bookes upon all occasions of cleering or discovering all such persons as shall happen to be questioned about payment of such duties. 2. That whosoever upon such occasion shall be found to keep false Bookes, be understood and taken as a person that hath deceived the Common-wealth and his Neighbour, and proceeded against as a Perjurer, & made satisfie what the Common-wealth or his Neighbour had, or must suffer in appearance by this deceitfulnesse.

Now the keeping of Books or Accompts as discreet Mer&rehy;chants and others Traders doe, though to some it may seem a slight matter, and therefore the lesse necessary to be im&rehy;posed upon all Traders, is yet of so great concernment as that without it such Traders themselves, cannot under&rehy;stand their owne Estates, nor whether they be in a thriving or declining condition, and consequently not know whe&rehy;ther they get or loose by that Commodity, or whether at the yeares end they ought to enlarge or contract themselves; but goe on blind-fold untill they runne quite out of their E&rehy;states, to the undoing of themselves, and all that are enga&rehy;ged with them. But if it be granted to be a trouble to keepe Bookes of Accomps of what they buy or sell, and therefore ought not to be imposed upon a free people. It is answered, that it saves and prevents them & hundreds of others the trouble and vexation of being questioned in other occasions, which is not only a more common good, but to them a more peculiar advantage if they knew how to make a right judgment thereof: Besides, this exact keeping of Accompts is a kind of Record of all their dealings, which, whosoever are partners with them may have recourse to, and see what be&rehy;nefit or losse accrues by such trading, and at least be sure that they fare as well as be that hath the managing of the Trade, and according to the Covenants between them, and from hence it happens, that for the most part all Noble men, Gentlemen, and others, as they are distinguished in Italy, and the Low Countries (two industrious and ingenious Nations, and such as we need not be ashamed of, to take ex&rehy;ample by in businesse of this nature) that are populous. When they have money by, do willingly adventure it with Merchants and Shop-keepers, and goe partners or sharers in their dealings for all parts of the world, to the much en&rehy;riching of those Countries; whereas here in England, if a man put in a summe of money in stocke with a Merchant, Shop keeper, or Grasier, or other dealer, it is twenty to one but such Adventurer shall not only loose his money, but ne&rehy;ver have good account how it came to be consumed and wasted, because such persons who had the managing of the businesse kept no exact account of their dealings , for such Adventurer to have recourse unto, and see how his adven&rehy;ture thrived from time to time, and so contribute his ad&rehy;vice therein as occasion and the nature thereof might have required.

I purposely forbeare to alledge any reasons for this or that Proposall, or to presse the necessity of any of them so farre as I justly might, because I know you have so little leisure to peruse them, and believe that the Lawes with the present Proceedings are become so vexatious unto this Na&rehy;tion generally, as that you cannot choose but behold the people to be weary of them, and resolved not to endure them longer, but rather choose to make tryall of any other then that the same should be still continued: But withall do not doubt but that the rationality, and demonstrablenesse of most of these Proposalls will appeare so cleare unto your Honours, as will not only stirre up a resolution in you, but will keep you mindfull, untill you have new modelled, if not quite new made them, as you shall see cause for.

The next generall which requires your Honours speedy assistance, may be the securing or enriching of this Nati&rehy;on, or both in one, and that consists in trading; for a people that shall be content to apply themselves to Tillage and Pasturage only, which possibly may be sufficient to finde themselves with food and rayment, will not be long able to protect themselves from Invasion of Forraigners, in regard such Land or Countrey would be exceeding thin of people, and not able to defend it selfe in all their quarters against such as would invade them.

There cannot therefore be any lasting security without trading. Trade like a continuall Market or Faire, invites people from all bordering Countreyes, and makes a Nati&rehy;on become populous: Besides, the greatest Trade of the world hath a capacity of undermining and eating out the lesser Trades of the world : the greatest Trade cannot be compassed without the greatest strength at Sea; and who&rehy;soever can make and continue the greatest strength at Sea, will enjoy the greatest Dominion of the world, which would long since have been reduced to one Monarchy, or one Common-wealth, had not such Monarch or Common&rehy;wealth, who at any time was most powerfull, and so in the fairest capacity of reducing all the rest, fallen short in their politicks and Government.

Had the United Provinces been reduced into one Com&rehy;mon-wealth, they had beene in a likelier posture of com&rehy;passing this universall Monarchy, then ever the Romans were, who purchased all they had at the swords point; or the modern Kings of Spain, who thought to have done it by their West-India Treasures, as indeed they might, had they withall but known, and joyned thereto, the maine Engine, and right State-mystery of compassing the same, which is to encrease Trade and Navigation. But this proud Nation stands so much upon what they call Gentility, and is no other then a condition not to be necessitated to worke, as that they will not labour in any calling an houre longer then to keepe themselves from starving. A very Farrier will stand at his doore with a grave bayes Cloake on downe to his heeles, and his Rapier by his side, untill you bring your Horse to him to be shoed, and then to worke he goes ; so soone as your Horse is shoed, on goes his long Cloake and Rapier again, and hee as great a Don as e&rehy;ver; which being the humour of the whole Nation, they are so farre besotted therewith, as that much like the peo&rehy;ple of Guinney, they exchange their gold and silver of the West Indies, wherewith they might either have traded all the world out of their possessions by degrees insensibly for nothing, or bought them out of their free-hold at above forty yeares purchase; I say so many millions of money have they parted with unto other Nations for trifles to feed their own pride and luxury, which hath not onely set those other Nations at Warres amongst themselves, but enabled them to oppose the Spaniard in his aspiring unto the Uni&rehy;versall Monarchy.

But let us take heed, the united Provinces have first made discovery of this grand Engine and State-mistery of encreasing Trade and Navigation for acquiring Dominion, and conserving it by good Government, wherein they ex&rehy;cell all Governours of the world, by distributing Justice at home both indifferently and speedily, and protecting such as live under them from all Forreign Enemies abroad; they have made use thereof, and thrived thereby beyond all for&rehy;mer generations; and had they but gained Antwerp and Bridges, and been reduced into one Common-wealth or Principality (which might as easily have been done, and is still to be done as easily, as it was for England (which our eyes have seene) and Scotland to become one in 12. moneths) before we attaine to be true Trade-Statesmen) neither these three Nations most appropriate to command the rest, if we knew our own strength, nor any other in likelihood would be timely wise enough to oppose the succes&rehy;full enlarging of their Dominions.

Now these two generals I presume your Honours will find necessary to be speadily dispatched, and that sundry others may not be left undispatched, as the freeing tender consci&rehy;ences from paying Leviticall Tithes unto a Gospel-ministry which they owne not, the keeping people from begging and starving in the streets for want of employment. The lessning or quite taking away Taxes so soon as may be, with many o&rehy;ther of no lesse Import, which I was bold to propound un&rehy;to the late Parliament; and had they put in Execution, as they might have done with no lesse ease unto themselves, then great advantage unto these Nations, their Honours would not have been so blasted as we now behold them. But since they still remain undone, and continue still to be of the same necessary concernment both unto our security and well being, I crave leave to annex them hereunto, not without some assurance, that if your Honours shall be at liesure to cast an eye thereon (and find that a stocke of money enough to compasse all of them, defray all manner of publick charge, and enable the Parliament by degrees, even in a few yeares to take off all manner of Taxes and Excise; and whatsoever else may be desired is as easily attainable without giving the least cause of complaint to any sort of men within this Com&rehy;mon-wealth, as that it cannot fail if you but say the word, & practice it withall, only through managing some businesse of the Nations after a more ingenious method, then hath been discovered unto our Ancestors, and is now tendred to be made demonstrable by the Propounder) you will be so farre from thinking your time misspent in your perusall of them, as that you will be somewhat more enflamed, untill you see them accomplished, unto the exceeding great rejoycing of your own soules, and of such as humbly concurr with you therein, and in what else shall be found needfull for the farther making out, and establishing this Common-wealth and other Nations derivatively from hence, in wayes of Peace, Truth, and Righteousnesse, unto all succeding Ge&rehy;nerations.

The Reader is desired to mend with his Pen what the Printer hath mistaken. Certain

CERTAINE PROPOSALS IN ORDER To a new Modelling of the Lawes, and Law-Proceedings, for a more Speedy Cheap, and Equall Distribution of Ju&rehy;stice throughout the Commonwealth.

&Tic;HE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehend&rehy;ed by great numbers, whom by Court Preferment Corrupt Education, or o&rehy;therwise they had seduced, is now through the Christian liberty of try&rehy;ing all things, become so clearly dis&rehy;cernable, as that even the greatest part amongst us, and all Nations round about us, do much justifie us in the Judgement we have executed upon them, both root and branch: The ob&rehy;servation whereof ought to be no small inducement unto the same Heroick spirits whom God made instrumentall to exe&rehy;cute his Vengeace upon such Enemies to true Godlinesse and Freedome, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nati&rehy;ons can possibly injoy so great a Good as the Lord may be presumed to have intended to them by their expence of so much blood and treasure.

It will then doubtlesse be easily perceived that the Law&rehy;yers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their personall actings are not so blameable as other some, in their owne sphear of Westminster, have not onely been mischievous and destructive as Canker-wormes or Pharaohs lean Kine, unto these Nations, but have ever been those Mercuriall spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been execu&rehy;ted for.

It was this tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and sel&rehy;ling the Nations over and over, as often as they pleased; at one Terme or Tryall the Plaintiffe, and at another the De&rehy;fendant, then back againe, and then forward, and all accord&rehy;ing to as good Law or Equity, as hath been in England since William the Conquerour. And besides all this, though they seem to have but one chief Shop at Westminster, a few stals erected for them in the Circuits, and their owne private Ware-houses at home, yet this one Tribe is thought to make a shift to gaine or reap one fifth part of all the gaines and increase of the whole Nation, by their severall wayes of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same sum&rehy;med up together.

The knowledge of the Lawes whereby a man injoyes his life, liberty, and estate, and through breach whereof he for&rehy;feits all this temporall life affords, is not of lesse absolute ne&rehy;cessity, as to the things of this world, then the knowledge of those religious, eternall, fundamental principles of Faith and Love, without which it is impossible to attaine the joyes of Heaven. And therefore our Lawyers in their spheare are no lesse Monopolizers & Usurpers, then the Prelaticall or Popish Clergie, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the Lawes, not contenting themselves onely to perswade, but even in a manner compelling us to rest satisfied with an implicite knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates.

This subtile Tribe without whose concurrence their royal Masters, with their Peers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shame, nor yet with safety, they then resolved to put the best space on it, and joyne not onely in executing Justice upon them all, but began to ac&rehy;knowledge their owne irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been (even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the Lawes, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them halfe a dozen of Gentlemen of the same tribe, to save them a labour (I wish it proved so) and what fruit it produced, is best knowne unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse untill its dissolution: And these poor Nations still continued to be mis-governed by a hotch-potch of Linsey&rehy;wolsey Lawes, so numerous, as not to be learned or com&rehy;prehended, some so differing as that they contradict and give the lye to one another , so irrationall and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evill execution of them with their dela&rehy;torinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto.

In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the peo&rehy;ple in freedome, which though never so much the peoples due and birth-right, if ever they vouchsafed us any Crums thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same Lawes which were either wrung from their excluded Tyrants in their exigency, or any wayes indulged (as they would have it accunted) is no more possible then for a Tyrant to erect and long to continue an Usurped Ju&rehy;risdiction, while he governed by a body of Lawes that had been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fun&rehy;damentall Lawes, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no other&rehy;wise then an honest Traveller, who in discretion is bound to give out no offensive words, whilest he finds himselfe encom&rehy;passed by Theeves: Wherefore let not any of our former lawes or Customes, no more then our Religion hath done, passe unexamined, and so scape being blasted or allowed of as they shall tend to the true freedome, securing, enriching, and contenting of the people of the Nation.

To be led implicitely to accept of Lawes we either have not tryed, or understand not, is the second grand indiscreti&rehy;on which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicite Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the Lawes becoming wholesome to us, without more then a little rectifying, qua&rehy;lifying, if not quite new-moulding them? Did not the late King CHARLES pretend, as well he might (for they were more his then ours) to fight for defence of the Fundamentall Lawes, and the Protestant Religion? And doe we think his Lawes and his Religion, together with his Judges (for they also were more his owne, and complyed more by base Expo&rehy;sitions, then either his Lawes or his Religion) would ever have cut his Head off for fighting to maintaine them? Cer&rehy;tainly it was another, and that far better, as more rationall both Religion and Law, that freed us from this superstition and vassallage: And if we doe not more speedily begin to owne it, ere long I feare we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwink'd trust those Lawes which have been subservient to the lusts and plea&rehy;sures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us.

But rather then this Legall Bondage, and im&rehy;plicite proxie Religion should be longer continued, It is Propounded,

The first Proposall.

I. THat all the present Courts of Justice be abolished, and no Proceedings either at Law or equity, except against such as disturb any man in his present possession, who by the next Justice of Peace may forthwith be put againe into possession. Or against such as shall injure any man in person or name, whom likewise the next Justice of Peace may punish, according to brief Instructions to be appointed in that behalfe. And for matter of Bonds, Bils, or Book Debts, upon Request of the parties the next Justice of Peace to require execution and present payment, the Creditor putting in unquestionable Security to stand to such further Order as shall afterwards be agreed upon by the Supream Authority in that behalfe. And all other Law, and Proceedings at Law or equity, to be of no effect: Nor any other proceedings to be at Law or equity, untill the Supream Authority have new modelled them, together with the Officers and Courts of Justice, which is hoped may within lesse then six moneths time, if gone upon, be compassed.

The second Proposall.

II. That in the new modell of all Officers, both Judges and others, have their respective standing Salaries, which may be a competent and comfortable livelyhood, and not suffered to take any Fees, Gift, or thing, whether money, or moneyes worth, upon greatest punishment both to the Giver and Receiver, to impeach and accuse each other, and injoy immunity to himselfe, and one halfe of the Fine, the other halfe unto the State. And that as well Judges as other Officers, be present and doe attend upon their respective charges every day in the weeke except the Lords day, and dayes of Publick Humiliation and Thanks&rehy;giving, from 8 till 12 in the forenoone, and from 2 till 6 in the after&rehy;noone; if any one person appears upon any businesse what soever, and desires to be dispatched by the Judges or any other Officer whatsoever.

However through the Tyranny of the Powers, the practice at this day be quite contrary; yet such as aim at Common good will find it very just and reasonable, that even Judges and all publick Officers, who have a Salary, should rather attend and wait the peoples leisure, who pay them their wages, then that the people, even every individuall person who is their Master, their best master, their pay-master, should wait upon their Officers, their Servants.

The third Proposall.

III. That there be no distinction of Courts of Common Law, and Chancery, but that all Courts of Judicature have the power both of Law and equity to qualifie the one with the other, and to determine all Causes brought before them.

The having so many severall sorts of Courts, especially one differing from, and condemning what the other Judged to be just and righteous, doubtlesse was not onely one of our Tyrants stratagems to keep the people in vassalage; but the Lawyers great Engine to make more work for themselves. They first tell you, and that plausibly enough, that the world is stark naught, and that therefore a man cannot be too care&rehy;full and cautelous in contracting with any person, or what security he takes; and thereupon councel him to get a bar&rehy;gaine and sale, a mortgage, or a penall Bond, or sometimes all of them together, double, treble, and perhaps six times as much as the Debt imports: Now if this party be put to sue upon either of them, or all, though he would be contented to take his bare debt with interest and charges, he is not permit&rehy;ted to sue for the same in Chancery , but is turned over to the Common Law, where he may not demand lesse then the whole Forfeiture, be it never so much, and the Common Law will give it as certainly, whether it be right or wrong, if he can but declare and lye after the Common Law fashion; but he had need be well versed and precise therein, for if he come short of a letter, nay if a letter do but look asquint, an igno&rehy;rant or a knavish Jury may put him to begin againe, or loose all, both principall and penalty. In commiseration whereof, our good Governours, and yet the selfesame Tyrants, and their equitable Lawers, prevail'd to possesse this over credu&rehy;lous Nation how reasonable it was to have a Court of Chan&rehy;cery to qualify and mitigate the rigor and Tyranny of the Common Law.

The truth is, the Common Law is extravagant enough, to say no worse of it, but to flye therefore into the Chancery is a remedy worse then the disease, leaping out of the Frying&rehy;pan into the fire is not so bad. The Common Law, if our At&rehy;torneyes were true to us, would not keep us long in purga&rehy;tory, but of the torments of Chancery you must have good luck if you find either end or respite, to doe you good; and your adversary must want money to fee Lawyers, enough to confound the Cause, and muddy the waters, as they doe u&rehy;sually, that a Register (who doubtlesse made more Or&rehy;ders then the Judges) seldome gets fast hold thereof, though he make a hundred Orders at his pleasure.

How easie a matter were it then to prevent such waste of time and moneyes in following two Courts so diametrically opposite? Had you not better that either of them should dis&rehy;patch you, and put you out of paine speedily, then to be ground in pieces between them both so long together? But what a cheat is it for the Chancery to dismisse the Bill for de&rehy;manding principall and interest onely, upon a penall Bond, and turne the Plaintiffe over to the Common Law; and yet after a yeare, two, or three upon the Creditors suggestion farced full of lyes and forgeries (which no Bill in Chancery is free from, nor scarce answer without perjury, and yet a chri&rehy;stian Chancery) not to give full charges and interest, which yet the Chancery necessitated the party to be at, in that it put him to demand and recover the penalty at Common Law.

But let us see what kind of reliefe it is a poor man gets by flying into the Chancery?

Suppose a Verdict is by perjury, surprisall, or otherwise, unduly obtained against a man, whereupon he gets injun&rehy;ction, and serves his adversary himselfe, the then Attourney, and Councellor; the party afterwards Fees other Councel, perhaps another Attorney, obscures himselfe, and carries on the Cause to an execution, and puts the party in prison, and then no remedy because the Judges forsooth they may not be served with the Injunction.

Surely a Nation is at an evill passe when it must be perplex&rehy;ed and squeezed to pieces between their Courts of Law, and equity, whilest the Officers thereof between complementing and envying each others, erect their owne jurisdiction and prerogative: Certainly the Court of Chancery as Supream ought to have its Injunctions obeyed even by all other Courts and the Officers thereof, otherwise what availes it to direct an Injunction to Councellours, Attorneyes, Sollicitors, Agents, when as if you have served all but one in Westminster-Hall, that one onely may doe the feate, and consequently quite fru&rehy;strate the injunction; wherefore although the Chancery doe not direct them to the Court and Judges themselves, with all their Officers in generall, doubtlesse it could not be out of at any other consideration, then of respect unto the said Court and Judges, who by the same rule ought, when they under&rehy;stand of an injunction in a Cause, not to proceed any further, out of the same respect to the Chancery their Superiour.

The fourth Proposition.

IV. That all matter of Trespasse for words or deeds, and Batte&rehy;ries, be tryable by the next Justice of Peace, if at home; or else by the second next Justice, where such Trespasse or Battery is committed. As also all Actions for Debt, under 40s. and so to be determined in&rehy;terlocutorily, if the said Ju&rehy;stice can agree them within 48 hours: But if not, then each party to have his Cafe put in writing by the said Justices Clerke, or any other friend, as each party pleases; and how or in what manner the Justice would have determined the same, to be without interlineation subscribed by the said Justice and both parties, and so sealed up and transmitted by the Justice unto the County Court. And that onely every injurious, or offensive Action, but every scanda&rehy;lous or upbraiding word be punishable, according to the degree and oc&rehy;casion thereof, because otherwise the parties wil be provoking one ano&rehy;ther, supposing they are still without the Law, untill they fall into greater injuring and endammaging one another, even to a down-right disturbance and breach of peace.

If the Supream Authority shall please, the result and deter&rehy;mination of these Justices for all matters of Trespass and Ac&rehy;tions of debt not exceeding 40s. may be definitive and bind&rehy;ing, and the said Justices obliged to see them executed. But withall, that it be free for the party grieved, by such determi&rehy;nation, to appeale unto the County Court, who if the appeal be allowed, may condemne the respective Justices in all da&rehy;mages and double charge, and so contrariwise if the appeale be disallowed.

The fifth Proposall.

V. That there be a County Court, where one or more persons as Judges, shall be impowered to allow of Wills, and grant Administra&rehy;tions, within the said County; and to take cognizance of all Causes transmitted to them by the Justices of the said County; And of any complaint or demand whatsoever, whether criminall or civill, for any Debt contracted, trespasse done, or action triable within the said County: which said respective Judge or Judges shall forthwith fall upon, and take them into consideration, each by course, and so soon as it can be put in readinesse, according to the Orders of the Court in that behalfe.

It may not be amisse, nay like enough, the preventing ma&rehy;ny a Suite, That the County Court doe not admit a Bill or Declaration from any Plaintiffe in what Cause soever, unlesse he bring a Certificate annexed from the next two Iustices of Peace where the Defendant resides, that the said two Iustices of Peace have seen the said Bill or Declaration, & summoned both parties before them, endeavouring and perswading them to an agreement, or such manner as did appear unto the said Iustices, to be just and reasonable, which the said Iustices may be required to dispatch with all possible conveniency, and not to exceed ten dayes at most; withall to certifie how far forth the Defendant was willing to comply, or stood refractory.

There may be perhaps at present sometimes from 20 to 80, between Causes and Motions heard at the Chancery Barre, and Upper Bench in one morning, perhaps in lesse then three or four hours, but how advisedly or considerately, let all the world judge, or any one in particular, that is but a stander by at any time: It is not fit that any Cause or Motion should be huddled up, that another should succeed. It is the long delay in dispatching Causes, and the making of so many extrava&rehy;gant and contradictory Orders, which makes Suites so intri&rehy;cate, and tedious to be decided at last. No man should be abridged in opening of his Cause or Motion, which being well done, the Iudge will be the better able to understand and de&rehy;termine it more speedily, and more agreeable to the justice thereof, and so Causes will happen to be finally determined, faster then new Suites commenced. And when one Court in a place is not sufficient, as in London, or in great Counties, it is better for to have two or more Courts, but one judge in each of them were best, and will likely dispatch more then two, and more unbyassed; whereas being two or more, they will endeavour and be encouraged to fix the blame upon each other for what they have a mind to trespasse in; for how shall it be discerned who is most in fault, when both or all of them subscribe the judgement? or what if they disagree about it, how shall it then be determined?

The sixth Proposall.

VI. That the Judges in each Court upon their first sitting, aske if there be any Paupers, and dis&rehy;patch them first, and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise.

The seventh Proposall.

VII. That the Bill, Demand, or Declaration be put in, and left in writing, with the judge, or his Clerke, appointed to receive the same: And a Copie left at the other parties habitation, signed by the partie himselfe and his Clerke. And all Answers and Pleadings to be likewise put in writing, and Copies signed and left as aforesaid: And that it may be lawfull for the Plaintiff, insisting upon his former demand, to rejoyne and adde unto his former demand, producing whatsoever Depositions, Certificates, Evidences, or authentique Co&rehy;pies therof to be compared with the Original, upon the request of the other partie, and whatsoever other proofs the Plaintiffe please, lea&rehy;ving Copies as aforesaid, and the other party or Defendant insisting upon their former Answers againe to answer so often as they see cause, untill the Judge, at either of the parties request, shall give eight dayes notice unto the other to finish and compleat the Processe or Proceed&rehy;ings for the Judges perusal, who is not to reflect upon any Allegation in behalfe of either partie, unlesse the same be put in writing, and found duely fyled with the rest of the proceedings. And whereof the other partie had copie given him, and due Notification to reply as aforesaid. And that all Bills, Answers, Declarations, Pleas, &c. do no longer run in a slavish petitionary way, as formerly, But barely in the name of the Plaintiff and Defendant, with such distinction onely, and place of abode, as may distinguish them from all other persons.

The present practice, but a most wilde course it is to con&rehy;ceale the Evidence untill the very poynt that Judgement is to be given, when the parties cannot in likelyhood have time to read them, much lesse to advise and make exceptions, nor to enquire of the Witnesses produced, how far they may justly be excepted against as incompetent, much lesse advise how to crosse examine, or disprove them; but the truth is, we are so irrationally grounded, as that we may not to our advan&rehy;tage, gainsay a Witnesse, though he depose never so falsly, or perjuriously: we are told we must take our course, and im&rehy;peach the Witnesse of perjury; and is not this a pretty a&rehy;mends? an unconcionable Cative gives a Knight of the post, a hundred pounds (perhaps a hundred pence may doe the deed, for they are good cheap) to swear for him, whereby he recovers a thousand pounds of me, and all the recompence our good Lawes will give me, is to see my Knight stand in the Pillory, and loose his ears, for which sight, yet sometimes perhaps I must pay more in prosecution of him, then this ras&rehy;call had for his Judas-like betraying me.

The very forme and draught of a Bill, or Answer in Chan&rehy;cery, Court of Wards, Exchequer, and other Courts, was a clear badge of our vassalage and slavery, and not longer to be endured by a free-borne Nation. Justice is the birth-right of every individuall person, to become as free to us, as the aire we breath in, to be demanded modestly, not petitioned for.

Perjured or false Witnesse have hitherto scaped scotfree for the most part, because, though the party who was perhaps undone by such false Witnesses, prosecuted, & was at charge to cause such perjured person to loose his ears, and be fined to the Common-wealth, yet he had no manner of recompence, or satisfaction for his owne losses, through such perjury, wherefore it is propounded,

The eighth Proposall.

VIII. That each party be free to examine Witnesses of course, by the Examiner of the place where the Witnesse reside, to be transmitted unto the Court where the Cause depends, so soon as they please; first giving notice unto the other party, and after&rehy;wards a copy, both of the Interrogatories, and depositions, so soon as they are taken. And that it be free for either party to crosse examine Witnesses, whil'st the Cause is depending, and have four dayes at least, or more or lesse time, according to the place where Witnesses reside, assigned him for crosse examining such Witnesses, of whose depositions with the Interrogatories, Copies are to be given as aforesaid. Or rather to prevent the expence of often writing, and coppying out superfluous Interrogatories and depositions, That it be lawfull for each party to take by way of Certificate upon Oath made before any Justice or Judge, under the hand of any such Witnesse, what such Wittnesse can testifie in the Cause depending, and lea&rehy;ving Copy thereof with the other side, to fyle it with the other proceedings as aforesaid, which the respective Judges are to take notice of, and to make the same use of as of depositions: And the other side is free to crosse, examine, or to get crosse Certificates from the said parties first certifying, and leaving Copies thereof, as aforesaid. And all persons so certifying Wit&rehy;nessing or deposing any thing contrary to truth, shall be lyable to be proceeded against, and condemned in all manner of dammages, unto the party grieved.

It is impossible to know how in judgement to cros-exa&rehy;mine Witnesses, unlesse you know what he had first deposed, and generally such as are employed as Commissioners to take depositions, doe not so exactly know the method to be used therein, nor their Clerks qualified to pen them as they ought to be; and many not able to write legibly, much lesse sensi&rehy;bly. Witnesses at Common Law may be produced and al&rehy;ledged to be such and such, abiding here or there, when as af&rehy;terwards no such manner of person to be found, or if found, known to be incompetent Witnesses, which could not be ob&rehy;jected at the Tryall, because the other party had not timely notice of their names, to make enquiry after the parties themselves.

It is no matter how leading Interrogatories be, and it were much to be wished, that an Interrogatory could light or point out every circumstance which might conduce to the dis&rehy;covery of truth, that the trouble and expensivenesse of others might be avoyded, and if any one be found deposing an un&rehy;truth, he may be condemned in full dammages of all sort.

And since Decrees & Judgements are the most weighty and important Acts of the Nation, and therefore ought to be well weighed, and not pronounced extemporarily, as hitherto: And so much the more unconsidered, by how much the Coun&rehy;cellours, Attourneyes, and Sollicitors, on each side, continu&rehy;ally and even purposely, interrupt each other, and suffer not the Judges to have a clear understanding of the Cause, it is Propounded,

The ninth Proposall.

IX: That the Judge having perused the whole pro&rehy;ceedings, and considering of it seriously, while the same is fresh in memory, without regarding any thing, but what is filled with the proceedings, shall either draw out the Order, Decree or Judgment by himselfe, or give instruction, how to have the same done, & then read it over advisedly, and subscribe it with his owne hand, to remaine with the whole proceedings ever after upon record.

Though the most unjust Order or Decree be passed against any man, yet if it remaine not upon record what Evidences were produced, and what Witnesses did testifie, the Judges will avoyd the charge thereof, in alledging that this or that Evi&rehy;dence was produced, to ground such Order or Decree upon, or that nothing appeared to the contrary, and so secure them&rehy;selves from being impeached: And if it be said that Witnesses may be produced to make out the Charge against such Judg&rehy;es: It is Answered, that the said Judges will also if need be, produce Witnesses enough to depose the contrary, and so cause them to perjure and out-sweare one another, and all this because the Allegations of both parties were not written downe to remaine upon Record.

The Objection that if the Judges, whether at Common Law, or in Chancery, should read both Bill and Answer, Declaration, or Plea, &c. put in writing, much time must necessarily be spent, and few Causes dispatcht; will easily be Answered, and made appear, that this way would not onely dispatch more causes, but also more speedily, in that the great&rehy;est part of time now spent, is in making Orders and Decrees which are afterwards countermanded by contrary Orders and Decrees, and that upon good grounds many times, as be&rehy;ing in themselves ungrounded altogether. And if a computa&rehy;tion be made of how many Causes have been finally determi&rehy;ned within these eight years, I believe it will be found, that e&rehy;ven a greater number of Causes wherein every, Demand, An&rehy;swer, Reply, &c. had been succinctly put in writing, and af&rehy;terwards read in presence of the Judges or Commissioners themselves, might with more clearnesse and justice have fi&rehy;nally been determined in eight moneths. And the truth here&rehy;of may easily appeare, if a search be Ordered to be made, first how many Motions, and secondly how many needlesse Or&rehy;ders have been made, and how few Causes finally determined within these eight yeares, and a Computation made accord&rehy;ingly.

The tenth Proposall.

X. That it be lawfull for either or both parties agrieved within eight dayes to appeale from one and the same Order, Decree, or Judg&rehy;ment of the County Iudge to Westminster, and from Westminster to the Supreame Authority, who in case they finde the Appellant to have unjustly appealed, are to condemn him in all man&rehy;ner of costs and damages unto the other party; If otherwise, to give him all manner of damages, with double costs at least. And if no Appeale be fy&rehy;led within the said eight dayes, then Execution to be granted both against body and goods reall and personall.

There will be no inconveniences in so many Appeales, if the party unduly appealing be condemned in damages and charges unto the party grieved as is propounded.

I have heard of an ungodly Proverb often repeated in other Countries, which sayes, Happy is the Sonne whose Father is gone to the Devill: Their meaning is this, that such a sonne had good luck whose Father adventure losse of soule and body to leave his sonne a great Estate. And though this graceless saying be not in proverb, certainly it is no where more in practice, neither are any people so highly tempted thereun&rehy;to as in this Nation: It being a maxime in our Laws, that personall actions dye as well as persons, so that if a man en&rehy;rich himselfe by Bribery, Perjury, cheating, lying, stealing, or murdering an Heire that stands between his Family and a great estate, or the like; If he do but goe aside, and play least in sight untill death summon him to an account, his chil&rehy;dren enjoy his evill gotten lands or riches as freely as any other estate. It is therefore Propounded,

The eleventh Proposall.

XI. That upon the Defendants or Plaintiffs death. the Executors or Administrators of either producing Certificate of the Administra&rehy;tion granted, which is to be exhibited, and remaine fyled with the rest of the proceedings, Further progresse may be made as before, without any losse of time and charge, except the contrary party take Exceptions unto such Certificate, which in such case is to be speedi&rehy;ly argued and determined as all other exceptions are upon all other e&rehy;mergencies whatsoever, Copies being first given to the other side, and the party unduely troubling the other, to be condemned in Charges as Dammages as aforesaid; so that all personall Actions may be freely begun and prosecuted by or against the Executors or Administrators, as if the Principall were living.

The twelfth Proposall.

XII. That if the Report of the Justices be confirmed by the County Court; Or if the Judgement or Decree of the County Court be confirmed by the Court at Westmin. then such said respective second judgment be ultimate, & stand unrepealed as to the party, in whose behalf it was given: And that it be free notwithstanding for the party grieved to appeale from the County Court unto the Court of West&rehy;minster, or from the said Court of Westminster unto the Supream Authority; who if they confirm the same, may condemne the party unduely appealing in double costs, and one fourth part of what hee so unduely appealed for. But if the County Court, or the Supreame Authority see cause to reverse the judgment of the respective inferi&rehy;our Judges, then to condemn such respective Judge or Judges in all manner of damages: And that the Judge or Judges of each Court upon on the finall Decree or Judgement of any Cause, do put in writing the motives which induced them to passe such Judgement or Decree, subscribed with their owne hand to remain upon Record with the rest of the Proceedings, which at the end of the Suite are to be stitched up together, and so bound up in great Volumes as big as are manage&rehy;able, and exactly Alphabeted and orderly laid up in presses, as that they may be speedily found out upon all occasions.

For unlesse the Judges who are not subject unto their own or any subordinate Court, be questionable by the Supreame Authority for male-administration of Justice, the whole Na&rehy;tion will be lyable to be undone by them, without remedy. And then again, unlesse the Supreame Authority take such course, as that all Petitioners, whether against Judges for male-Administration or other grievances, wherein they can no where else be relieved but by the Supream Authority, may have easie accesse and speedy dispatch without charge, the re&rehy;medie will be worse then the disease: And the people had better let all flye, then purchase the hopes and expectation only of recovery thereof with over-long attendance, excessive ex&rehy;pence, and extream vexation.

But if it be queried, who will then be Judge to the hazard of his owne estate even for erroneous judgments, and though he proceed never so uprightly according to his best under&rehy;standing and conscience?

I answer; That it is presumed the superior Court, and the Supream Authority will not be over-rigorous against such Judges, as clearly appeares, to have proceeded so dili&rehy;gently, advisedly, and uprightly, as could humanely have been expected, especially in doubtful cases; But if not as wel for erroneous and corrupt judgements they be censurable, though they be never so corrupt and byassed, they will still alledge to have proceeded and judged according to the inte&rehy;grity of their owne Conscience, and their utmost understand&rehy;ing, and so scape scot-free, as Jury-men and Judges have done hitherto, though they passed never so many Orders and De&rehy;crees, one directly crosse and contradictory to the other.

Besides, why should any one of the Nation suffer or loose his estate through the errour of another? especialy when the other covenants, and hath a price for what he undertakes, and so becomes a servant unto the Common-wealth: And Judges ought no lesse to act any thing at their owne perills, then any other person throughout the Nation. And if they will not accept thereof upon such terms, they are equally free with others to wave the same. Have there been so many thousands of truely conscientious, godly, and understanding men, even capable of highest employment, who adventured their lives Gratis; others for an inconsiderable pay for a bare livelihood, even eight pence a day, and they done better ser&rehy;vice then many a Counsellor or Judge: And shall wee feare there will want persons fitly qualified to make Judges in our Land? Surely such as have run greater hazard, and done bet&rehy;ter service then severall Judges, without any at all, or for farre lesse consideration in way of wages then a Judge hath done, will not decline a lesse hazard when it may redownd more unto their Countries good nor prove lesse accomplish&rehy;ed for the service.

The thirteenth Proposall.

XIII. That no Counsellour be permitted to take, or Client to give above 10.s. for any one Motion or Hearing upon forfeiture of ten times the value, one halfe to the Common-wealth, and the other to the Discoverer: And that it be free for Giver and Taker to im&rehy;peach each other, and enjoy the benefit thereof; and the Councellour being twice convicted for taking greater fees, be made uncapable of further practising in any Court: And that no Councellor having taken his fee, do omit to be present precisely at the beginning of such Mo&rehy;tion or hearing as he taketh his Fee for; Nor move or plead in two Courts sitting at the same time upon the same penalty as aforesaid.

The greatest part of motions is grounded upon matter of fact, and is easie discernable, it requires not for the most part about ten or twenty words, which may be as well, & cheaper uttered by the party himselfe, or any friend of his, wherefore it is propounded.

The fourteenth Proposall.

XIV. That the parties themselves, or any Friend for them be permitted to speak if they desire it. And that not above two Coun&rehy;sellors be heard upon any Motion or Hearing, and that all persons be free to act as Attorneyes, as well as in any other Trade or Calling throughout the Nation.

The 15. Proposall.

XV. That all Motions and Causes for Hearing be entred in course according as the parties Clerks or themselves appear to desire the same: And whosoever intends to move in any Court, doe first give a Copie of what they intend to move for unto the Clerke of the other side; and if the other side yeeld unto it, or any part thereof within 48. houres, they may draw up an Order by consent: And for what they cannot agree, the party upon 24. hours notice may move: And if the Judge or Judges see cause to grant the motion, that be condemn the other side in double charges: And if that motion be denyed, then the party moving to be condemned in double charges: And that all such Orders be drawne out briefly and clearly, and as neer as may be to the pre&rehy;sent Rules at Common Law.

The sixteenth Proposall.

XVI. That one and the selfe-same Execution be taken and serve against person and goods both reall and personall in any part of Eng&rehy;land and Wales to be directed to all Sheriffs in generall, but to be served by the party himselfe, in whose favour it was granted if hee please, or by whomsoever else he shall employ: And the like for all other Writs and Notifications, provided they be persons of Integrity who are so employd, except to give notice of a tryall or hearing, which may best be done by a publique Officer.

The seventeenth Proposall.

XVII. That the unnecessary sealing or Writs, &c. be forborne, and that all dates be expressed by the day of the moneth and a year, and that all Writs be sent open and directed to all Sheriffs in generall, or to such other publique Officers as for their sallary and fees, or other&rehy;wise doe voluntarily accept thereof. And that what persons soever be&rehy;ing to be served with any Processe. The Sheriff or his Deputy so soone as he receives the Processe, be obliged by himselfe or his Agents to re&rehy;paire within three dayes unto the dwelling house or habitation of such person upon five pounds penalty, and not meeting with him, to leave a notification thereof in writing nailed upon the door, or gate, which no person may dare to take downe, but the party himselfe, whose name is to be endorsed upon the outside, that it may be apparent to whomsoever enters or passes by: And if such person within other three dayes ap&rehy;peare not to the Sheriff or his Deputy to be served with such Processe; That then the said She&rehy;riff return such Processe by the first or second Post next following, or by some Messenger who may bring it with like speed upon penalty of 20.s. a day for such dayes which such Processe shall be longer delayed to be levyed of course by the Sheriff of any of the next adjoyning Counties on the Lands and Goods of the said Sheriff to the behoofe of the party who tooke out the Processe, together with his charges, without the least mitigation.

The eighteenth Proposall.

XVIII. That the Sheriffs their Deputies, Bailiffs, and other Offi&rehy;cers have their known Residencies where the people of the Nation may be sure to finde them at their usuall houres, and be dispatched with&rehy;out delay.

The nineteenth Proposall.

XIX. That whosoever shall undertake the serving or executing of a Writ, and reveale the same, whereby the party escapes, or omit to serve such Writ, or to Arrest any person, when he or they might probably have done it: And having apprehended him, shall not forth&rehy;with deliver him up into safe custody, without making any stop or stay by the way. Or that shall not keepe him from escaping, or suffer him to be rescued through connivance or want of diligence, shall be liable to make good all charges and damages ensuing thereupon.

The twentieth Proposall.

XX. That for the future all Rules, Appearances, Imparlan&rehy;ces be entred in publique Bookes, or rather annexed to the Processe or other proceedings whereto both Plaintiffs and Defendants should be free to have recourse. And that Copies thereof be forthwith given unto their Clyents respectively by their said Attorneys and Clerkes up&rehy;on 20s. penalty for each default to the use of their respective Clyents together with whatsoever damages their Clyents shall sustaine for want thereof.

The Attorneys or Clerks in all Courts give rules or terms according to the custome of their respective Courts, all which they enter in their owne books, as also Appearances.

Now they themselves being Masters of these Bookes, they write in them what, and when they themselves will, and will not let their Clyents see but what, and when they list: So as it is clear, that the Clerks on both sides combyning to&rehy;gether, may use or misuse their Clyents as they please, their Clients not being able to hinder it, nor in any possibility of understanding when their Clerks play the knaves with them, much lesse to remedie it when they know the same.

The 21. Proposall.

XXI. That no person who hath not engaged himselfe by some Deed or Covenant under his owne hand, nor that is known to have a reall estate responsible, be liable to arrest till after Judgment. Nor other person, except upon Affidavit, that he conceales himselfe or his estate, or intends to conceale himselfe or his estate, or to leave the Land, or make his estate away beyond Sea.

The 22. Proposall.

XXII. That what person soever (being by casuall and unavoid&rehy;able losses, whether by Sea or Land, brought behind hand, and dis&rehy;abled to pay his debts, after sixe months imprisonment, if his Credi&rehy;tors require it, shall without all manner of deceit and collusion re&rehy;nounce all his both reall and personall estate to the behoofe of his Cre&rehy;ditors, except his owne, his wives and childrens wearing Apparell, Bedding, and Instruments particular to their Calling. As also 12.d. in the pound upon the value of whatsoever such person shall so resigne and renounce unto his Creditors to be divided amongst them ratuably, according to their respective credits, shall from that time forwards by the Judge of the place where such Debitors lives be discharged from all manner of actions which his said Creditors had against him. But if it appeare at any time afterwards, that such Debitor did con&rehy;ceale any of his Estate, whether reall or personall from his said Cre&rehy;ditors, or had before-hand made it over in trust to any person for his owne use, to the defrauding of his said Creditors, then shall the Debitor be lyable to be put in prison, and remaine there, and be kept at worke untill he hath satisfied his Creditors to the full. And that all persons under Execution upon actions of Battery or Trespasse: If they have not an Estate to satisfie such Executions, that their Fines be exchang'd into so many moneths or years working, to the benefit of such person as they have trespassed against: Or else into certain cor&rehy;porall punishment according to the nature and degree of the offence committed.

And since the lying kind of penall Bonds and Mortgages have beene long since anathematiz'd for usurious, not onely amongst such as would be accounted best Christians, but else&rehy;where; That we may not be worse Christians then they, more barbarous then any, nor the Lawyers to continue lon&rehy;ger to make a prey of us, it is propounded

The 23. Proposall.

XXIII. That all single Bonds and Bills of debt may tacitely imply an Obligation of Interest to be due, equall with the principall, from the day such Bonds and Bills became due, untill the day that both Principall and Interest be satisfied together with damages and charges: and that a duplicate of such Bonds or Bills voluntarily regi&rehy;stred in an Office for that purpose, and from thence certified at the Obligors request unto the County Register be entred as an Incumb&rehy;rance upon such Obligors lands by the said County Register, who shall also endorse the said registring or enrolling upon the principall Bond or Bill to be secured thereby, according as it comes in course; and that the said Bonds and Bills being assigned over from one man to another as often as the parties pleas may be good in Law, and stand irrevocable, and enjoy the same Priviledges being registred as aforesaid.

So great a part of our civil Covenanting hath been by way of penall Bonds, Morgages, and such like Usurious and Ex&rehy;tortionary Contracts, as most clearly demonstrates this Nati&rehy;on, not onely to have been far from true Christianity, but to retaine very much of Barbarisme. First in that our Bonds are commonly made for double the debt, and so make all par&rehy;ties even under hand and seals before Witnesses, to be lyars upon on Record, and Morgages the like: And both one and other upon failer of a day, forfeited at Common Law irrevocably. But shall we be accountable for every vaine idle word, and shall we scape scot-free for our lying extortionary Contracts, because they are according to customary fundamentall Lawes of England? Certainly no other then the Devill, by his instru&rehy;ments the Lawyers, could be the Inventers and Upholders of such Lawes, such Contracts, and thereby of their own Trade, and Mystery, their robbing and tormenting of a Nation; the greatest part of Law-suits arising from such devillish and un&rehy;christian-like ensnaring Bonds and Contracts; for a Usurer or Money-monger, desiring to make the greatest improvement of his stock, advises with his Lawyer, who bids him take his Debitor by the throat, get a Mortgage of him, an absolute Bargaine and Sale, or a Bond with double penalty, and per&rehy;haps all of them together, to hold him so much the faster. Secondly, when the poor Debitor feeling the Rope about his neck, expresses an unwillingnesse to be made thus accessory to lying and his owne ruine, it is told him, the Chancery will forgive and pardon him; whereupon to prevent strangling at that instant, he sets his hand and seale, and gets a Reprieve for six moneths longer, or some such breathing time, which being expired, the Creditor is not admitted to goe the nearest way about by the Chancery, to regaine his principall with interest and charges, which some of them would be contented with, but must first goe to Common Law, and get the forfeit&rehy;ure of the Bond, and an entry upon the Mortgage, and after&rehy;wards use the best means he can, that the Chancery after some yeares progresse, may make an end of undoing what the Com&rehy;mon Law had done, before he can be at liberty to receive and injoy any part of satisfaction.

In briefe,

I. Cashiere all supernumirary Officers, as the Masters of Chancery, Six Clerks, Prothonotaries, with all such as serve themselves more then the Common-wealth, and let necessa&rehy;ry Officers, such as serve in person, as well as Judges, have standing Salaries, whereof they may live comfortably, and not take any manner of Fee or Gift, money, or moneyworth. 2. Let all parties be heard and dispatched as they come in course. 3. Let the Judges be fineable for every erroneous or unjust judgement. 4. Let the party demanding, put in his demand in writing, signed by himselfe, and leave a Copy with his adversary, who may be obliged to answer as speedily as the place where he lives, and other circumstances permit, and each be finable to the other, full costs and dammages, if they ask what is un&rehy;reasonable, or deny what is reasonable. 5. Settle the County Register of Lands, with their incum&rehy;brances, so often promised, and so much seemingly intended by the last Parliament. 6. Encourage in such (or any better) manner as is pro&rehy;pounded, a voluntary Register of Bills and Bonds, whereby they will become currantly assignable; which two Registers onely would have much relieved us from the Lawyers op&rehy;pression. 7. Let there be no distinction of Courts of Chancery and Common Law. 8. Let there be County Courts, and let the Judges or Com&rehy;missioners thereof have power to judge all Causes indifferent&rehy;ly, having regard both to the letter of the Law, and the equi&rehy;ty thereof, as in a middle way between them both. 9. Let but one, or at most but two Councellours be heard on any side, either at Motion or Tryall; and that the parties or any friends of theirs, be free to speak in the Cause. 10. Let the Judges peruse the whole proceedings, and signe the Judgements, and Decrees themselves, and be obliged to condemne the guilty in interest, charges, and all manner of dammages; so may we for the future be happy in the Lawes protecting us, as we have hitherto been miserable, through their entanglements and thraldome.

But since neither a new body of Lawes can be prepared on a sudden, nor the old Lawes or proceedings be so soon new modelized as were to be wished; as also in that there are mul&rehy;titudes of Causes, both at Common Law, and in Chancery, which cannot be dispatched for want of time, and if turned over unto the new model, in the perplexed condition they are in, would never suffer the Judges to get before hand with their worke; It is therefore humbly Propounded in the meane time,

I. THat the Upper Bench Court, Common Pleas, Exchequer, and the Dutchy, doe continue to heare and determine Causes, as well in the Vacations, as in Tearme, untill all Causes be determined. II. That two Judges may be a Quorum to all intents and pur&rehy;poses, in the Upper Bench, Common Pleas, and the Exchequer, and any one of them in the Dutchy. III. That if any one of the two, or both Judges of the Upper Bench, Common Pleas, or Exchequer, or the Judge of the Dut&rehy;chy happen to be visited with Sicknesse, or otherwise prevented from attending upon his, or their respective Courts, that then any of the other Judges may supply his or their stead, and such Court to sit the same day in the Afternoone, and publique notice thereof to be given, so soone as it can possibly be done. IV. That to the Judges which by this meanes will be spared at Westminster, may be added so many more, as may goe the Cir&rehy;cuites every two Moneths throughout the Land, untill all Causes bee determined. V. That there be added three Commissioners more, unto the Chan&rehy;cery, any two whereof to be a Quorum to heare and deter&rehy;mine Causes daily in three Courts, to prevent the buddling over Causes as at present, untill they be determined; and if any one of the said six Commissioners, or Master of the Rolls, happen to be prevented as aforesaid, any of the other to supply his roome, and such Court to sit in the Afternoon, and publick notice there&rehy;of to be given as aforesaid. VI. That all Motions and Causes for hearing, be entred in course, according as the parties or their Clerks appeare to desire the same, and that whosoever intends to move, whether in Chancery, or at Common Law, doe first give a Copy of what he intends to move for unto the Clerk of the other side; and if the other side yield unto it, or any part thereof, within forty eight hours, they may draw up an Order by consent; and for what they cannot so a&rehy;gree, the party upon twenty four hours notice, may move, and if the Judge or Judges see cause, to grant the motion, that be condemn the other side in double Charges, and if the motion be denyed, then the party moving to be condemned in double Charges. VII. That each Court at first sitting downe, doe heare such moti&rehy;ons as are tendered, and so likewise at their rising daily. VIII. That for all Bills, Answeres, Demurres, Declarations, Pleas, Replications, Rejoynders, or others, which shall be put into any Court hereafter, that the party leave a copy thereof, signed by himselfe and his Clerke, as a true copy, with the Clerk of the other side, the same day the Originall is exhibited. IX. That the parties themselves, or any friend for them, bee permitted to speake, if they desire it, and that not above two Councellours be heard on oneside, upon any motion or hearing. X. That the Sheriffes, Deputies, Bayliffes, and other Officers, have their knowne Residencies, where the people of the Nation may be sure to finde them at all convenient hours, and be dispatched without delay. XI. That it be lawfull for any man to commence any manner of Suite, though upon a Bond in Chancery. XII. That the Judges in each Court upon their first sitting aske if there be any Paupers, and dispatch them first; and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise. XIII. That all Injunctions be directed to the Judges, and all other Officers of the Court whatsoever, as well as Councellors, Attor&rehy;neyes, &c. And that no injunction be granted after Judgement, unlesse the Judgement be obeyed, or upon the other sides putting in unquestionable Security, in case the Chancery determine the Cause against him; and no Injunction to continue above a moneth, unlesse the party that desires it put in unquestionable Security to abide the Judgement of the Court; nor so long neither, if the party that desires it, doe omit for one whole weeke together, to goe on, and doe all and every such Act and Acts as might have been done within the said weeke, in order to bring the Cause unto a hearing. XI. That all Writs be sent open, directed to all Sheriffs in gene&rehy;rall, and that what person soever, being to be served with any Processe, the Sheriffe or his Deputy, so soone as he receives the Processe, be obliged by himselfe or his Agent, within three dayes to repaire unto the dwelling-house or habitation of such person, upon 5l. penalty, and not meeting with him, to leave a notifi&rehy;cation thereof in writing, with some servant of his, but if none to be found, to naile it to the doore or gate; not to be taken downe by any body but the party whom it concernes; and if such person within three dayes appeare not to the Sheriffe or his De&rehy;puty, to be served with such Processe, that then the said Sheriffe returne such Processe by the first or second Post next following, or by some Messenger that may bring it securely, and with like speed, upon a penalty of 20s. a day, for every day which such Processe shall be longer delayed, to be levied forthwith of course, by the Sheriffe of any of the next adjoyning Counties, upon the lands or goods of the said Sheriffe, to the behoofe of the party that tooke out the Processe, together with his Charges, without the least mitigation. XV. That Execution, one and the selfe same be taken out, for the future, in all cases, and doe serve both against person and goods, in any part of England and Wales, to be directed to all She&rehy;riffes in generall. XVI. That all superfluous Fees unto the Six Clerks, Prothonotaries, with sundry others, be abolished, and that the under Clerks and Attorneyes, for engrossing Bills, Answers, Declarations, Pleas, &c. reserve to themselves but one halfe of what they used to take, and the other halfe to be shared between the Six Clerks, Prothonotories, and other necessary Officers, or such as shall suceed them. XVII. That all Fines and superfluous charge of Original Writs, ordinary Writs, Writs of Errour, and Process, Fines and Recoveries, Enrollments, or others, be from henceforth likewise abolished. FINIS.