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A34350 Considerations touching the dissolving or taking away the court of chancery and the courts of iustice depending upon it with a vindication or defence of the law from what is unjustly charged upon it, and an answer to certain proposals made for the taking away, or alteration, of it. 1653 (1653) Wing C5918; ESTC R18810 47,697 80

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to that Body must immediately take its flight and be gone Those that would procute the Vinyard to be destroyed because they themselves are shut out of it do not consider that there are more motions and business in Chancery dispatched in one day than a Committee of the late Parliament did in a year more businesse in a year determined in that and the three other Courts of Westminster by themselves and their ministerial Offices than all the Committees of the late Parliament have dispatched in 12 years last past or would have been able to do after their usual pace in twice as many more and need not go far to be informed What an obstruction and hindrance there must then be to the people of this Nation when these Courts and Offices shall be taken away and the People left to attend and Petition for some Moneths together before they can so much as get a Petition read and Tire and Trouble all the Friends they have for that they might formerly for a far lesser Fee in an ordinary course have obtained in half an hours space as soon as it was asked for Nor observe as they might that the reason why the good intentions of many men in those many several Committees which the necessities of war did cause the late Parliament to erect in this Nation brought them so much into the hatred discontents curses Complaints of the People was amongst other their failings their ignorance in the Laws of the Land and of the old course of expounding taking-in and giving out of reason their immethodical proceedings and seeking sometimes to make a reason out of half a reason or that which was but a shadow or colour of it which with their many scruples which would not be made by more knowing men their bidding the people so often to withdraw and advising with themselves or referring it to their own Counsel which made many several hearings of that which other men would have dispatched presently have been the cause of those outeries pamphletings and Petitions have from most Counties and places been against them and that the horrid delayes and small dispatch of those Committees who if there were nothing else in it must needs in so many different opinions arguings and needlesse debates amongst themselves be a great deal more redious and undispatching than a fewer number of able men in a Court were much of the cause also of the peoples heavy complaints against the late Parliament And that the Chancery and Courts of Justice have not for many hundred years past put all the Complaints which have been made against them together had so many and so universal Complaints made against them as have in the space of these last Ten years been made against the late Committees of which those that have left their Hosanna to the Lawes to cry Crucifige would be ill contented if all the Trades in London should be at once put down for that there are greater abuses in them Doe not doe as they would be done by nor think what a drouth and want of Justice there will be all over the Land when the Springs thereof shall be stopped-up and what an encrease of wants and necessities there will be when the way of preferment and provision for younger Children shall in the ruine of this great Tribe and part of the people be taken away And what a strange attempt it would be in Physick upon the body Natural to go about to divert the daily and constant Course of the blood from the heart and put it into a new way or to make some other parts of the body to do the office of it Nor do those Proposers who would take away their Neighbours wood to build an Altar to sacrifise their own imaginations upon consider as they ought what it is to remove the old Land-mark and enter upon the field of the Fatherless nor how great a burthen of sin will lie upon their Souls in the day of Terror and Accompt for the unnecessary ruine of so many Thousand Families as are now living and a general disturbance and distemper of a whole Nation and their posterity for the time to come and all upon no greater a Score than their own presumption and incapacities to judge of Laws and meddle where they had no calling either from God or Man and when they stop'd their ears like the Adder and might have been advised but would not or how much greater or sadder a burthen it will be to their consciences if that which they shall now fancy to be good should prove hereafter to be a continual curse and thraldom to a whole Nation and a Succession of generations after them That the taking away from the people their Courts of Justice and reasonable Customs will not only root out and overturn their properties but cast it into an arbitrariness of will and power from which the best intentions and integrity of those that shall be in power at the present will not be able to secure the people or their posterity And that this so great an alteration though carried on with never so good purposes may meet with no better a success in the end than that unadvised and loving attempt of old Pelias Daughters in the Poets who by letting out of the old blood of their Father to procure new lost what they might have kept and gained no more than an impossibility to keep him alive whom they thought to have made young again And that when they shall have done all they can or have obtained what they would of the Parliament by such kind of proposals it will be to as little satisfaction to the people as to take away if they could the Sun out of the Firmament and promise them another instead of it or forbid all known experimented Medicines and Courses in Physick and tell them they shall have better CHAP. IV That the Lawes are not in themselves evil but are only abused by the People ALl which might be sufficient to call off those Tradesmen who have no more acquaintance with the Law than what they got in some Suites were rightfully adjudged against them and some others who are neer Allied unto a busie ignorance from troubling the Supreme Authority with their so eager pursute and persecution of those Laws which in the beginning of the last Parliament they took to be the Walls and Bulwarks of Parliaments and could protest swear covenant take arms expend and hazard their lives and estates for to maintain Or to perswade them not to hunt the Lamb instead of the Fox or their own happiness in stead of a grievance nor to think their Time well spent in Crying-down the Fundamental Laws of England without which they once thought they should be most miserable if they were not hurried or headlongly driven on by a strange fury of their own Fancies or presumptions or an expectation of setting-up themselves by the ruine and downfall of many Thousands will be losers to every one
to put the Sword again into the Scabbard when it is drawn but very much conduces to keep it from comming out again and is in the ordinary execution thereof at this time trusted out into lesse than twelve hands in the ordinary Courts of Law at Westminster will by these proposals upon very small security be trusted and put into the hands of Two Hundred and Fifty men more who will want that wisdom as well as estates which the other have to make them responsal whereby the Supreme power of the Nation may by its being too much divided and diffused into such lesser bodies come to want that strength and intireness it hath formerly had and enjoyed in the several succession of Kings for almost One Thousand years together by keeping their residence in the chief Citie or part of the Nation As David and the Kings of Juda did at Jerusalem and as all other Kings and Estates do in other Nations with their chief Courts of Justice about them where the pulse contents and discontents of the People from all parts of the body Politicque may be felt whither all their Complaints or principal businesse might Circulate and come and passe to and fro like the blood from all parts of the Body to the Heart and from thence back again to all parts of the Body and whither the Common sense did from time to time bring in its Intelligence to the great Counsel which was holden in the Brayn for preservation of the Heart as wel as every part of the body They that heretofore could with one expence and charges prosecute a suit at Law at Westminster and at the same time attend the Parliament or their Committees the Council of State the Exchequer or Committee of revenue and the motions and designs of their adversaries who it may be had bills in Chancery or actions in some other Court of Westminster depending against them at the same time and do many other businesses whilst they remained there meet and confer with Friends or Foreiners or people of all parts of the Nation could make bargains and dispose of Children and have the help or assistance in their Suits at Law of the ablest most eminent Lawiers in their several Innes of Court or Stations must now perhaps goe to the Shire Town as a Plaintiff or Defendant at Law and to London for his other businesse be content with such Lawiers only in his own Country as are there resident when it may be there are none eminent or very able to be had there or be inforced to procure such as are to come at great rates one hundred or Two hundred miles at a time from the places where they inhabit and that Country and many a more distressed Client want them in the mean time Such a multitude of Courts will throw many men especially such as have great dealing and multitude of businesse with men of many Counties into so many journeys and perplexities as they shall never be at leisure from attending one Court or other whereas now one man that hath occasion to prosecute Actions of debt against one Hundred Debtors living in 20 Counties dispersed over the whole Nation doth his businesse without Travelling or sending any further than to London Streightens and gives men no time to provide their evidence or Witnesses and puts the Lawiers as well as their Clients by so much attendance at so many several Courts into a continual attendance or Travelling from one Shire to another and will not a little distract mens affairs to have an Action at one and the same time to be tryed or called upon at London Cornwall Barwick and Pembroke Shire where they should be personally at every one of them and can be but at one and must be in a continual unquietnesse and trouble when all the year shall be as a continual Term or time of controversie and when they shall be enforced to neglect their affairs of Husbandry and Harvest to travel and tire themselves through all the lines of the Circumference when they might have a shorter way to and from the Centre which by the intermission of Terms and Vacations and the known and convenient times of Assizes when the Terms were ended was by the Laws now in being sufficiently prevented But these are not like to be all the inconveniences neither for if the Courts of Westminster shall besides the Two and Fifty County Courts to be taken out of them be cut into lesser pieces by giving cognisance of pleas of Actions of Trespasse Battery and the like and of Actions of debt under 40 shillings as some would have it there will then be as many smaller Courts as will make us up above 2600 Courts the Judges whereof will look to be paid as well as the Judges of the other Courts for the neglect of their own businesse to take care of other mens and if they should have but 50 l. per annum a peece for standing salaries will make a yearly charge to the State of above Sixty Five Thousand pounds per annum or if they shall be prohibited their taking of Fees will grow carelesse and nnwilling to be troubled pretend to be sick or absent when they are not or half hear causes or like some of the Midlesex or Suburbian Justices take a great deal more in Fees and Incomes than that would come to and doe as little for it as they use to doe in matters of Breach of this Peace or petty Brawls which is to bind them over to the Sessions and take their Fees for it and for those causes which they shall adventure to determine beget in a year more appeals than there shall be Justices of the peace which in a year but after the rate of 2600 petty Courts or more but 40 Times appealed from every one of them will yeeld to the people above One Hundred Thousand appeals which may cost them no small mony time to maintain and bring to a hearing and by such double and treble agitations discovery of Titles and evidence and half hearing of their causes make their contentions grow as endlesse as their Charges CHAP. VIII That it will not only raise up again those old grievances which were formerly the cause of disusing or restraining the Sheriffs Turns County Courts Court Barons and Hundred Courts and such like petty Jurisdictions but far exceed them BUt surely they that thus erre for want of knowledge and do too much build upon their own ignorance would if they knew the reasons that accompany our Laws not be so forward to goe back again into those evils which our Auncestors and the care of former Parliaments did bring us out of nor take that to be a new and better way is but a going back again into them and a reviving of old grievances We shall therefore shew them what they were let them see they are very like unto that they are now so willing to establish amongst us The Courts called Hundreds Wapentakes the