Equity against him to discover and make him confess the Truth Why then you shall have no Remedy For his Counsel shall direct him to Plead and Demurr to what he cannot answer without Confession And I have heard a Lord-Keeper on the Bench in a Cause I had before him in K. Charles the Second's time declare Mine Adversary that cheated me ought not to be compell'd to answer my Bill because 't was customary for Shop-keepers in Cheapside to tell Lyes and if you go from one End to the other to buy a pair of Stockins they would tell you they lost though they got never so much by them So it seems Wickedness is defended by Wickedness and there is no Remedy 5 thly Their great Master piece and what the most ingenious as they account themselves doe profess is to cut a man's Throat with a Feather 6 thly The great care of a Counsel and an Attorney is to manage a Cause with that method as may draw the most Money from their Client and that they call doing for the good of the Law 7 thly They are very forward to multiply Motions and for every Motion the Attorney or Sollicitor must be paid for new Briefs though the old ones doe serve and every Counsel you have had to doe with must be Fee'd for the Motion and must have his Brief of the whole Cause though perhaps two or three Lines for one Counsel be enough and there is no occasion for the rest to speak one word 8 thly They must all be Fee'd also and have new Briefs for the Defence against every Motion made by the Adversary upon due notice given to the Client 9 thly The Attorney commonly directs the Client what he must give to Counsel and commonly once in three Months he gives his Client a Bill amounting to as much Money as has bin given in that time to Counsel and if the Client offer to abate him Three-half-pence of his Bill he 'l take it amiss and in great dudgen although the Client perhaps hath spent upon him and the Counsel many a Pound at the Tavern 10 thly If your Counsel have undertaken by the force of Money from your Adversary to betray you and favour his Cause he shall under pretence of zeal for your Cause bawl most filthily and calling your own Witnesses to give their Testimony he 'l either bawl and make such a noise as to affright them or else confound them with cramp Questions And when all is done you must believe he hath laboured most vehemently and taken an abundance of pains for you 11 thly The Sollicitor or Counsel can neither of them tell you how long 't will be before the Cause be ended or how many Years 't is like to continue especially in Chancery for I did never yet hear of a Cause begun and ended there in so little as one Year's time and most Causes are held out according to the length of the Clients Purses 12 thly For the benefit of a Fee there is hardly any Case but they 'l pretend if you desire to be secured legally by a Writing under a Counsel's hand as Law they 'l not disappoint or displease you by telling you according to Law it cannot be though to be safe according to Law only it is you do come to desire Advice and a legal Instrument to be drawn whether it be a Defeazance or Conveyance c. yet right or wrong he 'l pretend to draw it out legal and firm and safe and afterwards if it prove insignificant or scandalous in the Law he to excuse himself shall call the Client Rogue and Knave c. for asking of him his said Advice and taking the Writing of him which he parted not with unless he had received the Payment of perhaps more than his full Fees twice told at least Suppose a Man be wronged and cheated of ever so much as suppose it be to the value of a Million which to me seems a very considerable Summ and he himself could make it appear undeniably by good and sufficient proof if had the liberty to speak himself for 't is impossible any Man can know the truth of his Case better than himself yet if he have not Ten shillings to give a Lawyer to speak for him he must lose all and be without remedy and if he cannot borrow beg or steal so much he must go to Prison and there rot and be quite undone for the Lawyers never trust a Client So 't is plain that without Money no Justice must be had and whether it be according to the Law of the Land I know not but I dare be so confident as to say 't is not according to the Law of God who hath given every Man a Tongue to speak for himself Also I have found a sort of a Lawyer of 20 or 30 Years study and reading the Law that is neither Counsel nor Attorney but pretending to great Knowledge in the Law and great Commiseration and Pitty towards me to see me so much harrassed and abused would also pretend friendly and faithfully to advise and help me and accordingly did advise me by no means to be served with a Decretal Order and meeting with one of mine Adversary's Counsel threatning to take out a Statute of Bankrupt against me if I would not be served with the Decretal Order he bids him kiss at which he pretending to be enraged effectually does the thing And afterwards finding that by Law I was Heir to what Brother Mann hath and doth keep from me bids me not trouble my self he would undertake to get for me my Right without my disbursing one penny of Money till 't was fully recover'd For which kind proffer as I did accept of so I gave him my many and most hearty Thanks and accordingly he undertakes it and in the stead of taking the right and short way by serving the Tenants with Ejectments as I desired and he promised me to doe he it seems thought fit to imploy the great Mr. E. of Bristow as he called him who being the richest Attorney in Bristow must needs be both the most extreamly honest and able so upon his discoursing with him they did resolve and contrive betwixt them how to make a beneficial Suit of it So concluding together to File a Bill in Chancery to get the Writings they accordingly preferr a Bill and after a few days were past my learned Lawyer comes and tells me what was done and how that without the Writings 't was impossible to serve Ejectments so I acquiesc'd with whatsoever his great Friendship and Learning did suggest and about three Months after tells me that the great Mr. E. had done the business and I need not trouble my self he would take care though they had neither gotten an Answer to the Bill nor the Writings for the Estate So waiting some months longer and no Answer appearing I went to the Clerk in Chancery that they had imployed to know the reason of the delay and told him
upon a small consideration did make him an abatement of 352 l. and accordingly I endeavoured to make an end with him but he finding no Right to be had for me at Law in any case hath put a stop to all and saith he will spend Fifteen hundred pounds but he will have what by Law is my Right from me though the whole matter is worth but 862 pounds So he having wheedled with and given great Entertainments to the Trustee and other Friends that I had desired to endeavour to perswade him to do the reasonable and just Things according to agreement did on the contrary prevail with them to assist him to over reach and circumvent me and to tell me that I was without any remedy both in Law and Equity and that he being the Sword-bearer would upon all occasions find more favour in a Court of Justice than I should Can there be a greater aspersion upon the Government than to say their Courts of Justice do distribute Justice according to the respect they have for persons in Office or otherwise more than others I am sorry to see any one should have cause to think or speak such a word They also would needs perswade me to leave it to them Whereupon being professed Friends in an extraordinary manner the one being my Brother-in Law and the other having all along before that time pretended to tell me how unreasonable and unjust my Brother Mann's dealings in the World both with me and others had bin I did tell them thus Let the Case be truely stated and carried to two of the most Eminent learned and able Counsel for their Opinions both in Law and Equity and to have the Opinions clear without interruption by talking with them I did desire we might all meet together and I would give to each of them a true Copy of the Case verbatim with the same Words in two distinct Papers and at one and the same time to go from me separately the one to the one Counsel and the other to the other and without mentioning one word of the Case deliver to each Counsel the Case in the Paper and not to meet one another untill they did come again to me I would then if Counsel should advise that I had no remedy as they had said referr it to them but in the stead of so doing they did not meet me together or could I ever after see them together since the time I made my proposition of terms for the Reference they had desired of me to be left unto them but on the contrary not finding them in some days I did to lose no more time send one with the Case that knew nothing of the matter to Mr. Serjeant Levine who gave his Opinion subscribed to the Case and then Mr. Brome not knowing Advice had bin taken upon it sent to me for a State of the Case so I sent him the Original Draft thereof which he before had seen and said was so truely stated that there was not a word to be added to or be taken from it But Brother Noyes not being to be found I sent him another Copy with Copy of the Serjeant Levine his Opinion so the next day Mr. Brome and he meeting together consulted which way to make void Serjeant Levine his Opinion so went to Mr. Serjeant Pemberton and representing to him different things upon the Case in their talk with him did get him to subscribe an Opinion seemingly different but not contrary as they fancied And then they went to Serieant Levine and told him he was mistaken in his Opinion and thence went to Brother Mann's House and to the Tavern and drew up their Award according to his mind which they signed and left with him Next day Mr. Brome came and told me how they had made an end and had bin with two Counsel and a long Story how Serjeant Levine had owned himself mistaken but shewed me nothing that had bin written by any of the Counsel and Brother Noyes went away that morning out of Town without seeing me from the time they first proposed to have the Reference and thinks by that means to bind me with the Award notwithstanding he acted contrary towhat was proposed and as some that are learned in the Law did say was very knavish and is of no force A True Copy of the State of the Case with both the Serjeant's Opinions and the Award signed is as follows The Case betwixt A. and B. A. having a Widow Sister who by surviving her first Husband became seized in the Fee simple of the two Estates in Lands Houses and Tenements the one Estate being valued at 250 l. per Ann. she did according to Agreement before Marriage with her second Husband settle upon him and his Heirs for ever all the Estate of 250. l. per Ann. upon Condition that he should pay off the Summ of 2010 l. Debts due upon that Estate and she have the liberty after Marriage to give and bequeath the Summ of 2000 l. amongst her friends to be paid them within two Years after her decease to be levied out of the said Estate of 250 l. per Ann. as by the said Deed more particularly appears in the Hands of the Trustee the other Estate being but two Houses and a Stable with Ten Acres of Land reckoned worth 31 l. per Ann. She also reserved to her self at her own disposal without ever interesting or concerning her Husband therein About two Years and twenty-two Days since A. his said Sister died and by Deed according to Marriage-Covenants gave away but 1800 l. of the 2000 l. by reason she had prevailed with her second Husband B. to put 200 l. for her Life into the Million-Lottery Now B. her second Husband having extreamly importuned her to make over to him the other Estate of 31 l. per Ann. had gotten Writings drawn and accordingly did about Ten of the Clock at Night shew them unto her which did so much trouble her that soon after she was in Bed 't is supposed she died because next Morning she was found dead and her Corps almost quite cold and indeed was the occasion of once breaking off the Match But however B. the second Husband comes to A. the deceased's Brother and tells him that he is Heir at Law to the Estate of 31 l. per Ann. and if his Sister had lived but two Days longer she would had made them over to him and did not doubt but he would accomplish the thing his Sister had intended to doe because he knew him to be a just Man and withall told him That if he would be so kind he would give him a hundred Guineys but A. not complying desired B. to deliver unto him the Writings belonging to the said Estate but B. replyed He would not part with them but having Possession 't was 11 Points of the Law and he had Children and Grand Children to provide for Hereupon A. Files a Bill against B. in the High Court of Chancery
pleased to say That here are two to be cheated and he had rather Albyn should be cheated than Fowles and another Baron that perus'd corrected and sign'd my Bill against them both in the Exchequer whereby to be relieved against the Fraud then said at the Hearing I had no Equity though when I gave him his Counsel-Fee at signing being above the rate the Law allows I had a great deal of Equity Now by no means can I obtain an Hearing of the Cause against Haddersich who did fraudulently get and still keeps my Right to the said 250 l. from me so it seems a Counsel whiles a Counsel to get a Fee will tell his Client he hath Equity in his Cause but when made a Baron the Equity ceaseth though his Client be injured never so apparently by a most notorious Cheat who confesseth to have the Money and yet goes free without being called to Judgment and though my Bill be still depending he is protected and I can by no means obtain Justice in so plain a case which is stupendious to think how in England a Court of Equity should protect such a notorious Cheat I do believe the like is not in any other part of the World which doubtless must be a great encouragement to Cheats and looks as if the Laws were made only for the Practisers therein to enrich and raise themselves in the World and not for Righting the People and that such Cheats were to be encouraged as persons that brought Grist to the Lawyer 's Mill. Now in Turky where any Difference doth happen betwixt Man and Man the Man aggrieved may immediately call and have him that offends before the Caddee or Judge and without any delay both Plaintiff and Defendant plead their Cause themselves and according to their Laws the Caddee passeth Sentence which is immediately executed and the Matter ended both parties become friends and no provocations make the Turks live in Malice as generally people do here in England who I do believe use it more than all the World besides partly because here are so many whose business is to set people at variance by telling them what advantage one may have of the other by the force of Law partly because generally the people do highly commend the envious and malicious Spirit and call it a great Spirit though if duely considered I think nothing is more base and less worthy of respect and is indeed the effect of Purse pride For what is more common than for people that have more Money than their Advesary to say as Mr. Moyer's Brother-in-Law did say after we had spent some years and much Moneys in his Suit against me in Chancery he being to receive his share of what they hoped to get from me said thus finding it a very chargeable Court If One thousand pounds would not do another thousand should and if that did not do another should and so on to I know not how many thousand pounds and he was resolved his Brother Moyer should carry the Cause whatsoever it cost so it seems he did not pretend to any Right there was in the Cause on their side but only to ruine me by the force of Money as I was told Mr. Moyer did threaten to do when I was in Turky if ever I should come into England which to effect I do think he hath omitted no means or endeavours but what reason he had for it I could never learn or find out for I never had to do with or did ever see the Man in mine whole life that I know of untill I did arrive from Turky back to England Sometimes I have thought that because my Father sometimes would laugh and jest with his Father and salute him by the Title of Mr. Chairman because that in the time of Sequestring as I suppose the Estates of the Nobility and Gentry of England much about King Charles the First 's time he was Chairman of that Committee as I have heard and have bin told but I do remember the Old Man did not much like it for he would look very grum and sowre upon it Now though such jesting might pass betwixt them what was that to me could I help it Now Mr. Moyer having as it may be supposed this innate principle of encroaching upon and taking away the Rights and Estates of other Men obtained an Order out of Chancery to have my Books laid open unto him and having before a Master perused and examined my Books in all things he could desire and not being able to find out any thing therein for his purpose or find any fault became so enraged at me that he said Mr. Albyn you are a cheating Knave and I le prove it Then said I Bear witness Gentlemen So the next day he came to me upon the Exchange and told me he was in a Passion and began to beg my Pardon but all that I said unto him was Pray do not let you and I talk for I indeed did then intend to bring mine Action against him for so notorious an Abuse But the Lawyers that were the Only Men then present being unwilling to bear Testimony made me to forbear so was forced to swallow that Injury likewise One instance more of Moneys being the Rich man's Justice and Confidence in his Cause be it never so bad black and foul is what Mr. now Sir Richard Blackam said to me in Serjeants-Inn after we came out of Judge Dolbin's Chamber when we had bin both before him upon his Summons to shew Cause of Action wherefore he had Arrested me and upon hearing the whole Matter the Judge had told him there was no Cause of Action and if he went on he would be Non-suited Sir Richard Blackam did then laugh at me and told me that he had yet Five hundred pounds to spend for all that for so much or near that Summ he would needs pretend to recover of me for I believe he knows pretty well that whatever a Man recovers at Law it must cost him as much at least Now whereas by the ingenuity of the Lawyers Sir Richard Blackam is hindred from confessing and plainly setting forth the truth and matter of fact set forth in my Bill if he were of himself only to make a full and true Answer the Truth would soon appear and Justice would take its due place without any delay trouble or expence But now there is no Remedy because by the force of Money he sets the Lawyers Wits on work to make it an endless Suit by evading some part and not in any measure answering the other near 19 20th parts only in general terms saith My Bill is full of falsities Which I do deny and he knows that if he should be put to answer particular by particular he must confess and not deny the particulars and by such means the truth being concealed I have no more remedy than as if I should knock mine head against the Wall Now though these and the like and many more instances
amounted to far more than what could thereby be recovered although I think I never retained more Counsel or fee'd them with more or greater Fees than what my Sollicitor told me was necessary and have sometimes had the Attorneys Bills taxed according to Law as was pretended yet some after the taxing have told me that by the strict Rules of the Law one tenth part of what charged therein could not be due unto them and for what really laid out I generally deposited in their hands for the Practicers in the Law are generally so wise as not to trust their Clients nor to go to Law one with the other I do not remember that in near sixteen years time that I have bin harrassed and tormented at Law that I did ever see or hear of two Lawyers dispute their own Right at the Law neither is there any reason to expect to hear of such a thing for doubtless the Laws are plain and a Cause truely stated must needs appear by the Law at the very first time as well as at the thousandth time to be either in the right or in the wrong but the great-Virtue of a good and able Lawyer is to make a bad Cause good and a good Cause bad But is it not a marvellous thing to see how in other Countries without Lawyers people can live and enjoy their own peaceably and quietly without imbroils And here in England if a Man have any thing that then he must either undoe others or be undone himself by the Law And that the Laws designed for the good and welfare of the People should be so managed as to become their utter ruine and destruction Now whereas in the time of the Heathen Roman Empire St. Paul had so much Justice Favour and Reason used towards him as to be allowed the liberty of Speaking without hindrance so as to be heard in whatsoever he could say in making his own Defence for himself And now here in England the Lawyers have a method of understanding one another for favouring a Cause on the one side and baffling it on the other side by saying This is not to the Point and That is not to the Point and also by calling it the Practice of the Court to Fine a Man for setting forth the whole truth although it be never so much to the purpose of clearing the Case on both sides which cannot rightly be understood without And whereas a Bill in Chancery preferred by one Man against another is no less than one man's Accusation of another who being to answer upon Oath is therein to make his Defence I do most humbly pray that all such unreasonable and lawless Practices being without Statutes may be forborn And that in this my Case mine Answer filed in the Lord Mayor's Court the 23d of July 1696 may stand without a Fine and upon hearing of the Cause all parts thereof may be heard justly and duely weighed and considered And that Sir Richard Blackam and Mr. John Freeman may fully and truely answer upon their corporal Oaths every Word or at least each Paragraph in my Cross-bill preferred against them without Evasion or Equivocation by the help of Lawyers that so the truth of all matters depending betwixt me and them may be made manifest and the Right and Truth being fully understood Justice may be done accordingly For though by the Law I had undeniably a good Action for great Damages yet by the force of Mr. Moyer's Money the Law could not prevail So it seems the Law is so much to be managed and byassed by Money that it can by no means Right any Man that hath it not or at most but in proportion to the quantity he hath to bestow For I do remember the first time my Counsel moved the Lords Commissioners of the Great Seal for a Supersedeas to set aside Mr. Moyer's Statute of Bankrupt most unjustly and unduely taken out against me Mr. Moyer's Counsel did alledge that Mr. Moyer was worth the best part of One hundred thousand pounds so they ordered the Statute to go on notwithstanding all the Allegations and the undeniable Arguments my Counsel could use whereupon my Counsel said at their peril let them go on upon which Caution I think they went on no farther although they would not grant a Supersedeas but continued the Statute many months after and by their means Mr. Moyer did most wrongfully continue the Statute upon me near twelve months Doubtless God Almighty in his Law hath directed other things contrary and in no case allows partiality and hath given every Man his own tongue to speak for himself though now the Lawyers here in England have brought the People to that pass that they by no means must be allowed to speak for themselves or can hardly say their Souls are their own nay I know some of them will not allow that any Man but a Lawyer can speak Reason or Sense unless he be very rich and then he is wise and every thing else So now since nothing can resist the forceable Power of Money but the Personal Authority and Word of the King 's most Excellent Majesty God's Vicegerent I have therefore thought it highly necessary and the only expedient left me to throw my self Life and mine All at His Majesty's Feet whose Just Power and Prerogative alone can and I doubt not but will do me Justice And therefore as I have presumed so far to assume the Right of a Loyal Subject herein to represent the Truth of mine Unparallell'd Grievances by no means to be Redressed by Law or by Parliaments though endeavoured for sundry years last past I do adventure to mention one Grievance more because I do look upon it encouraged and caused merely by the want of Redress in my former Grievances for as yet not being gotten out of the Grave of Infamy dug so deep by Sir Richard Blackam that cannot yet find its bottom One William Mann Esq the City of London's Sword-bearer doth think fit to keep that form me which God in his Providence by the Rules of the Law hath made to be mine for he knowing and finding that by the Law I can have no Right done for me without an expence of as much or perhaps double the value of the thing I should any time offer to Sue for refuseth to do only the common part of an honest Man which is only to deliver up unto me the Writings of a small Estate that he himself told me I was Heir unto by Law upon the Death of my Sister his fifth Wife who did also leave me a Legacy of 200 l. to be paid me within two years after her decease but he will part with neither because for peace and quietness sake and to avoid a Law-suit and to lay a foundation for Friendship with him if possibly I could I say for the said Considerations I did upon his importunity rather than have words of difference with him come to an agreement with him for the whole and
her and acquainted her with what had pass'd and gave her the necessary and best Advice I could find But she not sending a Letter of Attorney did only write a Letter to her Brother to supply me with whatsoever Moneys her Occasions should require which coming in her Pacquet to me sealed up I delay'd not to deliver it to him as soon as I could find him which I do believe was within less than two hours after I received it As soon as I had given it into his hand he opened and read it and then I showed him my Letter she had wrote me though he did not think fit to shew me hers wrote to him then I asked him for Moneys and urged what he had plainly seen she had wrote to me but he answered me That he was just going into the Country as I believe he was because his Chariot was waiting at his door for him and he would be in Town again within a fortnight and if I would please to lay out a Guiney or two he would repay me At which I was so netled that I could not but tell him what he said was all stuff for there were then some Ships that were just upon departure and in few days would be gone for New-York and the loss of a day was more than a month at another time and desired him to make the Case his own and 't would be well if 100 Guineys would doe But however if he would pay me but 100 Pounds I would doe the best I could for her and in case 50 would doe the business I would invest or lay out the other 50 so as to put 100 l. into her Pocket there but all signified nothing for he immediately went his way into the Country and came no more to Town till January following the August he went away into the Country with her Letter I then deliver'd to him So hearing nothing of him I did write him sundry Letters but had not one word of Answer from him so at Christmas I went down and stayed at his House about fifteen days hoping he would consider and doe something for Shame if not for Justice or Good-nature So when ten of the fifteen days were past I gave him a Memorial desiring him to consider of it finding him altogether unwilling to talk in any measure about her and though I thought 't would had forc'd him to speak or doe something yet could not have so much as one word from him in the other five days though in that time I did offer many occasions untill I was in his Coach coming for London and putting the matter home unto him he did then tell me that the Letter was neither with her Name nor her own Hand-writing So asking him why he did not shew it me or say so sooner I went my way and since that being very angry with me hath reported very false things of me but however the Searcher of hearts knows all things And I do believe his Hope is That the Government of New York will break her heart and then she being his Sister and Childless he knows he is her Heir at Law So it seems not only natural Affection but all honour and honesty is gone and banish'd from among some sorts of people that forget to be either charitable or just but indulge themselves in Covetousness because they know that all Complaints at Law and their Issues are not only doubtfull but also chargeable and troublesome above measure For according to mine own little experience and observation among the Lawyers I find that now the Attorneys are grown so very exceeding expert in turning twisting and managing the Law that 't is an approved Opinion among the Lawyers that the best way to make a good and able Lawyer is to breed a young Man by binding him Apprentice to an Attorney first for 't is not studying the Law and the Statutes so much as the Tricks and Practice of Courts according to the Rules of the Courts of Justice that makes a good Lawyer Now what those Rules and Practices of Courts are is the great Mystery and would be worth the while for a Parliament to consider For if they doe any thing and you ask by what Law 't is done they 'l tell you they know not by what Law 't is done but 't is the Practice of the Court. So I perceive 't is no matter for Law because Book-Cases and Reports are among them much more studied than the Statutes Now why should not a Judge declare in all Cases upon what Statute he delivers his Opinion and passes his Judgment as well as a Divine must prove by a Text in the Holy Scripture the Ground of his Doctrine when he Preaches But what I chiefly observe is First In their Pleadings they 'l not be wanting not only to ridicule and banter but also to assert falsities calumnies and reproaches which doubtless ought not to be allowed before a Judge where the Truth only ought to appear 2 dly When they have a design to favour a Cause on the one side and to baffle it on the other they 'l tell you This is not to the point nor That is not to the point although the Case in all its circumstances cannot be rightly understood without and the omission of those Points which they 'l call needless quite alters the Cause and Truth being hid Justice cannot be done 3 dly I find that matters of Accounts are meer Paradoxes to them yet they 'l pretend to understand them beyond any body and perswade a Man he is mistaken and if he doth not come over to what by their mistaken apprehension they doe think they 'l tell him he 'l lose his Cause and by that means confound his Cause As for example If you talk with a Lawyer of so much per Cent. be it 2 10 20 or 50 per Cent. which are but certain Quantities upon an Hundred of Goods or Moneys of a Forreign Coin as Dollars c. yet if you doe not allow him to put the word Pounds to the 2 10 20 or 50 per Cent. he can by no means understand what you mean though at the same time he puts the word Pounds 't is meer nonsence and abominably impertinent But however you must let him alone And with this sort of Understanding he takes upon him to Plead a Cause betwixt Merchant and Merchant whereas if Merchants were left to themselves and had a Power to be Judges in their own Matters among themselves there would be more Justice and less Wrong done by the impertinency of the devouring insatiable Lawyers 4 thly Let a man's Cause be right or wrong they 'l not be wanting for the benefit of a Fee to tell him he is in the right and he must carry it without all doubt and the Cause cannot go against him And if a cunning Knave in private Contract by fair Promises have over-reach'd and by his non-performance cheats you and there being no Witness you preferr a Bill in
is as follows 10th of June 1696. REceived then of Mr. Benjamin Albyn the four Bonds under-named viz. One Bond wherein Mr. Peele and Mr. Dixton stand bound to him the said Mr. Albyn in 50 l. for the payment of 25 l. One other Bond wherein the same Parties stand bound to him in the same Summ of 50 l. for payment of 25 l. One other Bond wherein Madam Gloxin and Others stand bound to him in 80 l. for payment of 41 l. 4 s. And also a Covenant from Capt. Cuttance to pay 20 l. Witness my Hand the Day and Year above-named Warner Dawes So I went my way thinking to had bin quiet but contrary to all Reason and Justice being an Attorney that can manage the Law to all his intents and purposes finds out a way in few days after to trouble my Bail and as I was told by them takes Execution out against them for the same Debt that I thought I had in some measure satisfied and since the 10th of June 1696 hath run up the debt which was then but 85 pounds with charges now on the 23d of March 1696 unto 160 l. and 40 l. more for Charges besides 20 in 30 l. more my Bail have spent of my money for their defence and now the said Dawes pretends to lay a Sequestration on some Lands and Houses I have a Right unto and keeps my Bonds before mentioned from me Now being in mine apprehension thus unjustly dealt with and used by the Attorneys I would gladly be informed whether it be reasonable and according to our Law for Attorneys to munkeyfie metamorphize and abuse Men after such a rate and if they shall be encouraged and suffered to go on in these their practices who shall live free from the plague of their devices Another experiment I have had of Lawyers and Gentlemen of the Long Robe and Quill is That having fee'd two of them with five Guineys to each for to plead my Cause the next day in the morning which being then called according to appointment and expectation and the one of them being then in waiting and expectation of a Cause to be called at the Exchequer Barr when my Cause was called and although I went and called him my self yet not being able to come back in time my Cause was put off to another day so according to their unconscionable practice and expectation I was forc'd to give them both their refreshing Fees and then upon hearing my Cause it appearing very fair for me 't was again put off for the Accommodation of mine Adversaries not being in all points ready for some days longer so was forc'd to Fee them again and by that time my Cause came on again to be heard mine Adversary did gain such an interest in my Counsel that the Elder of them laboured industriously to betray and deliver me up to mine Adversary had not the Minutes of his first Pleadings bin taken and then considered and to the Younger of them I gave at the Evening before two Guineys to make up his Fee fifteen Guineys he told me I was very slender in my Fees and I think did not speak one word more for me I confess if I had found or could at any time find my Moneys in the streets I might then had afforded to fill his Pocket with Guineys But in regard it is not so and what Fees I gave them were none other but out of such Moneys that as a Merchant by the sweat of my brows I did difficultly gain with much labour toil and hazard both of my Person and mine Estate and the Law hath appointed a Counsels Fee to be but Ten shillings Is it not great Impudence in a Lawyer to pretend himself not duely paid when according to the sett Rate in the Law he is Fee'd not only with Ten shillings but more than Ten times over so much Nay I have heard of one that being offered sixty Guineys for a Fee did refuse and say he would not take 90 and under 100 Guineys he would not appear Is it not a stupendious thing and a burning shame And if duely considered what must the end of these things be when a Lawyer that knows the Law shall contrary to Law exact extravigant Fees to falsifie all Causes they are not for but retained against How is it possible that Truth and Justice should abound whilst such vast Numbers are permitted and imployed to confound the Rights of the People I have bin told that according to the strict Rules of the Law less than Five pounds will pay all Expences for a Law Suit as for Counsel and Attorneys Fees for Writings and Briefs with all other Charges whatsoever of a Law Suit cannot cost above Five pounds and now 't is not Five hundred or Five thousand pounds can end some Law-Suits and doubtless 't is not Money that before God can make a Cause better or worse or that which is right to be wrong or that which is false to be true or that true which is false and whilst the People are thus oppressed by the Lawyers covetous and undue practices how is it possible for Peace and Happiness Truth and Justice Religion and Piety to be established amongst us according to the Prayers of our Church which must not and when it considers dares not seem to mock God in its Prayers But that I with most humble submission leave to the Consideration of the great Wisdom of the King and his great Council the Parliament whose business 't is for doubtless a Reformation is not only a great Duty but would be a great Blessing to this Nation In Turky in any Case if a Man go to the Muftee who though is the Head or Chief of their Church yet he is commonly so learned and well read in the Turkish Laws that when he gives his Fetfa that is a short Declaration in Writing under his Hand what is Law in the Case you go to him about 't is so true firm and sure that the Caddee or Judge cannot go against it when he gives his Judgment on the Case And if we had Lawyers that would study the Laws of this Land so as to be able to doe the like I doe think they would be highly worthy of great Honour and Esteem and great Rewards both from the King and People for then every Man might upon good ground plead his own Cause if he be in the right or if in the wrong then might desist and of himself fairly and honestly adjust and agree with his Adversary And this I do humbly conceive would be a very good means to prevent and save people from those long tedious expensive and vexatious Law-Suits that waste Estates and make Envy and Malice so much to abound in this Nation and on the contrary will cause Unity Peace and Concord to be much more esteemed and practiced amongst us FINIS