The
Lady
RVSSEL's
,
and
all
Lords
of
Manners
,
CASE
and
REASONS
against
the
BILL
for
Erecting
a
Court
of
Conscience
.
1.
AS
to
the
Matter
of
the
Act
,
it
takes
away
(
as
to
the
Cause
mentioned
in
the
Act
)
the
Ancient
Tryals
by
Jury
,
and
gives
an
Arbitrary
Power
to
the
Commissioners
to
Hear
and
Determine
Finally
,
without
any
Appeal
from
them
to
any
Judicature
whatsoever
:
And
great
Inconveniences
must
ensue
,
by
giving
an
Absolute
Power
to
the
Commissioners
to
dispose
of
all
Debts
under
40
s.
at
their
sole
Wills
and
Pleasures
,
and
takes
from
every
Man
his
Birthright
to
the
Ancient
Law
of
the
Land
.
2.
Parliaments
have
been
ever
very
Careful
to
Maintain
the
Ancient
Law
in
its
Fundamentals
,
(
of
which
,
Tryals
by
Jury
is
a
Chief
one
)
and
therefore
it
was
once
the
Answer
of
a
Parliament
,
upon
almost
the
like
occasion
,
Nolumus
mutare
Leges
Angliae
.
3.
4.
Justices
shall
not
take
Assizes
in
their
own
Country
,
prohibited
by
Statute-Law
,
because
of
the
Favour
they
may
use
to
their
Acquaintances
.
This
Law
,
just
contrary
to
the
Reason
of
that
Statute
,
gives
a
Jurisdiction
to
persons
over
their
Neighbors
;
and
whether
it
be
not
likely
that
Partiality
may
prevail
.
5.
Supposed
some
of
the
persons
to
be
named
Commissioners
should
be
Indebted
to
their
Neighbors
in
Sums
of
Mony
under
40
s.
Those
to
whom
they
are
Debtors
are
absolutely
without
Remedy
;
for
,
either
they
must
be
Judges
in
their
own
Cases
,
(
which
is
not
to
be
supposed
the
Statute
does
intend
)
or
else
they
are
exempt
from
Paying
for
the
time
they
are
Judges
,
not
suable
elsewhere
.
Put
likewise
,
in
case
that
several
persons
should
be
Indebted
to
the
Commissioners
under
40
s.
they
being
made
Commissioners
,
are
disabled
to
recover
their
Debts
for
the
Reasons
aforesaid
.
Now
,
as
to
the
Design
of
the
Act
,
to
hinder
the
expending
of
great
Costs
and
Charges
at
Law
,
for
Small
Debts
,
which
there
is
an
absolute
necessity
for
,
because
some
persons
had
better
lose
such
small
Debts
than
venture
the
expending
10
l.
in
the
superiour
Courts
for
the
recovery
thereof
,
and
also
paying
the
Defendant
Cost
,
if
he
be
Nonsuited
;
others
must
Lose
such
small
Debts
,
because
they
are
not
able
to
Sue
for
them
:
But
the
greatest
Sufferers
are
those
that
are
taken
upon
Arrests
,
who
are
first
squeezed
by
Bailiffs
out
of
as
much
(
most
times
)
as
such
small
Debts
come
to
,
for
their
Fees
and
Attendance
,
then
liable
to
pay
about
10
l.
Cost
to
the
Plaintiff
(
if
they
are
cast
)
besides
their
own
Charges
in
defending
it
,
or
lye
in
a
Jayl
for
it
till
they
perish
,
which
is
very
deplorable
,
Prisons
being
glutted
with
such
miserable
People
,
and
has
been
the
Ruin
of
many
Families
,
and
is
directly
contrary
to
the
Letter
of
the
Law
,
for
Debts
under
40
s.
And
,
1.
As
to
that
,
the
Law
has
provided
already
inferiour
Courts
,
where
the
Defendants
are
only
summoned
,
and
their
Body
never
liable
to
be
taken
for
such
small
Debts
;
the
Charge
of
a
Tryal
so
small
,
(
if
they
come
to
it
)
that
will
hardly
amount
to
the
Charge
of
the
Bailiffs
upon
an
Arrest
,
and
the
Recovery
quick
and
easie
:
And
if
the
Defendant
(
upon
the
first
Summons
,
or
Notice
of
a
Suit
against
him
)
tenders
to
the
Plaintiff
what
is
justly
due
to
him
;
if
the
Plaintiff
refuseth
to
accept
of
it
,
but
will
(
notwithstanding
such
tender
)
wilfully
proceed
,
it
shall
be
at
the
Plaintiff's
own
Costs
and
Charges
,
by
the
Course
and
Practice
of
the
said
Courts
.
And
in
case
poor
Persons
do
either
Sue
or
be
Sued
there
,
they
are
admitted
in
Forma
Pauperis
,
and
pay
no
Fees
at
all
.
Equal
Difficulty
in
a
Case
of
Forty
Shillings
as
Forty
Pounds
,
yet
left
to
the
decision
of
Vnlearned
Men.
If
it
be
Objected
,
That
Juries
are
always
of
the
Neighborhood
,
which
the
Common
Law
appoints
.
For
Answer
,
1.
In
case
of
a
Jury
either
Plaintiff
or
Defendant
hath
his
Lawful
Challenge
.
2.
If
they
go
against
their
Evidence
,
or
against
the
Law
,
an
Attaint
lies
against
them
,
upon
which
the
wronged
Party
is
restored
.
3.
New
Tryals
are
given
after
ill
Verdicts
by
the
Court
;
but
to
these
Commissioners
,
no
Challenge
lies
beforehand
,
nor
Attaint
after
;
nor
from
their
Judgment
is
there
any
Appeal
.
In
case
of
Arbitrement
,
where
Shopkeepers
are
chosen
Judges
,
't
is
observable
,
how
Zealous
each
Person
is
for
his
Friend
,
particular
Acquaintance
,
and
Customer
,
even
beyond
Equity
and
Reason
;
And
〈◊〉
to
be
hoped
they
will
prove
more
moderate
when
they
are
nominated
by
any
other
Means
than
by
the
joint
Consent
of
the
Parties
submitting
.
How
far
forth
special
Agreements
bind
,
and
upon
what
Considerations
Promises
for
the
Payment
of
Mony
are
obliging
,
is
a
very
nice
Point
of
the
Law
.
Therefore
,
From
hence
it
must
follow
,
that
many
Errors
must
of
necessity
be
in
the
Decrees
of
this
Judicature
,
and
yet
from
such
Decrees
there
is
no
Appeal
.
It
seems
to
be
no
good
Answer
,
to
say
,
That
the
Decrees
of
this
Judicature
are
but
for
small
Debts
,
inasmuch
as
Justice
is
equally
abused
and
transgressed
in
Small
as
Great
Things
,
tho'
the
Losses
sustained
vary
.
This
Judicature
is
Impower'd
to
Examin
and
Determin
upon
the
Oaths
of
the
Parties
themselves
,
as
well
as
Witnesses
,
(
not
allowable
by
our
Laws
)
which
will
cause
frequent
Perjuries
amongst
poor
People
,
who
will
be
enticed
to
Forswear
themselves
,
not
only
to
enrich
their
Pockets
,
but
to
gratifie
their
Revenge
and
Anger
.
This
Judicature
will
cause
Dissention
in
the
Neighborhood
where
practised
;
for
,
Tradesmen
being
made
Judges
over
Tradesmen
,
and
every
man
thinking
best
of
his
own
Cause
,
will
certainly
blame
their
Neighbors
that
give
Judgment
against
them
;
which
will
breed
ill
Blood
and
Heart-burning
amongst
them
.
This
Arbitrary
Proceeding
,
contrary
to
the
Law
and
Magna
Charta
,
(
being
the
Subject's
Birthright
)
will
bar
the
Subject
of
the
Benefit
of
other
Good
Laws
,
and
most
especially
of
the
Statute
of
Limitation
,
made
21
Ja●
.
and
revive
old
antiquated
Controversies
,
which
that
Law
had
buried
in
Oblivion
.
Who
knows
where
this
will
end
,
if
once
the
Fence
be
broken
,
and
a
Breach
made
in
this
strong
Wall
of
Safety
,
which
guards
our
Lives
,
Good
Names
,
and
Estates
,
from
the
Violence
of
the
Multitude
?
The
Breach
is
easier
widen'd
than
it
was
first
made
;
and
tho'
it
begins
with
Actions
under
40
s.
it
may
quickly
encrease
to
5
l.
or
more
,
&c.
The
Subject's
Right
is
not
more
or
less
,
according
to
the
quantum
of
the
Sum
,
but
he
hath
the
same
Right
to
any
Sum
under
40
s.
due
to
him
,
as
to
any
above
;
and
he
is
as
much
depriv'd
of
his
Right
when
he
is
deny'd
to
Sue
at
Law
for
the
one
as
for
the
other
.
To
prevent
the
many
Perjuries
,
Partialities
,
Corruptions
of
Commissioners
,
and
other
Inconveniencies
,
which
must
unavoidably
fall
out
,
if
the
Bill
for
the
Courts
of
Conscience
do
Pass
into
an
Act
,
it
's
Humbly
Offer'd
as
an
Expedient
,
That
an
Act
of
Parliament
may
be
made
to
strengthen
the
said
Ancient
Courts-Barons
,
&c.
and
,
That
the
Law
may
be
Restored
as
to
the
Recovery
of
Small
Debts
,
the
Arrest
taken
away
,
both
in
mean
Process
and
in
Execution
,
in
all
Cases
where
the
Debt
or
Damages
do
not
exceed
40
s.
and
the
Process
be
by
Summons
,
or
reasonable
Distress
of
the
Goods
.
And
if
it
be
enacted
by
Parliament
,
That
on
Proof
by
Oath
of
the
Execution
of
the
Summons
,
by
leaving
it
in
Writing
with
the
Defendant
,
or
his
Wife
,
or
fixing
it
on
the
Door
of
his
Dwelling
House
,
or
on
Oath
made
that
the
Party
was
distreined
:
If
the
Defendant
do
not
appear
according
to
the
Summons
,
the
Plaintiff
may
File
his
Declaration
in
Court
,
and
proceed
as
if
the
Defendant
had
appear'd
.
And
further
,
That
if
the
Plaintiff
shall
proceed
in
any
Court
by
Arrest
,
and
not
by
Summons
and
Distress
only
,
and
shall
not
recover
above
40
s.
Debt
or
Damages
,
that
he
shall
have
no
more
Costs
than
Damages
:
The
County-Courts
,
Hundred-Courts
,
and
Courts-Baron
of
Lords
of
Mannors
,
will
be
saved
,
and
small
Debts
and
Damages
may
be
recovered
,
with
little
Charge
,
and
no
Vexation
to
Debtors
,
without
Bail
or
Imprisonment
,
in
the
ordinary
Legal
Methods
,
without
seeking
a
Remedy
by
the
Arbitrary
way
of
a
Court
of
Conscience
,
as
proposed
to
be
erected
;
where
the
Body
is
yet
to
remain
liable
to
Imprisonment
,
and
the
Defendant
may
,
during
such
Suit
within
those
Courts
,
which
is
from
month
to
month
,
or
from
three
weeks
to
three
weeks
,
with
his
Labour
,
get
Mony
to
discharge
the
same
.
And
if
it
be
put
into
the
Power
of
such
Courts
to
give
Time
for
the
Defendant
to
pay
the
Debt
or
Damages
recover'd
by
the
Plaintiff
,
so
that
the
Whole
be
to
be
paid
within
One
whole
Year
after
the
recovery
,
and
the
Fees
of
such
Courts
be
setled
by
Act
of
Parliament
,
or
left
to
be
setled
by
the
Judges
in
Westminster-Hall
;
This
Act
,
if
it
be
made
,
will
fully
answer
all
the
Ends
the
Promoters
of
the
said
Bill
for
Courts
of
Conscience
do
pretend
to
aim
at
;
And
the
Law
will
thereby
be
Preserved
,
Small
Debts
and
Damages
easily
Recovered
,
and
all
Inconveniencies
will
be
Removed
.
Note
,
That
in
London
there
is
no
Court
in
nature
of
the
County
Court
;
for
,
the
Sheriff's
Court
there
,
by
Custom
,
begins
with
a
Capias
,
and
for
that
Reason
a
Court
of
Conscience
was
first
set
up
there
,
by
a
By-Law
,
and
afterwards
Confirm'd
by
Parliament
.