I. BY the Ancient Law of England , every Subject who came to the Kings Courts for the Kings Writ , was obliged to bring his Pledges to prosecute his Suit with Effect , or to pay such Fine to the King as the Court should lay on him for his unjust Clamor , as may appear in all Declarations , not only in the Courts at Westminster , but also in all inferiour Courts , whether Courts of Record or Courts Baron ; and if such Plaintiff were Nonsuited , or a Verdict pass'd against him , he was Amerced to the King , as appears by the Entry of every such Judgment , which is qd . quer . sit in Misericordia , or Capiat . pro Injusto clamore suo .

II . By the Ancient Law , the King by his Royal Prerogative might Imprison his Subject for Debt , but one Subject could not Imprison another , until the Statute of Action Burnell . 13 Ed. 1. & 27 Ed. 3. and some later Statutes in particular Cases , but never pretended to hold any Defendant to Bail , on measne Process unless it were for Debt upon Bond , or for Rent in Arrear , or for Debt appearing to be due by some Writing under the Defendants Hand at least , until within Fourty years last past .

III . By the Ancient Law of England , when an Original was Filed in Debt , the next Process was a Summons for the Defendant to appear at a certain day , to answer the Plaintiffs Action ; at the Return whereof , if the Defendant did not appear a Writ of Capias was awarded to Arrest him , for his contempt of the Authority of the Kings Court , which Capias was made Returnable some day in that Term , or the next 15 days at least after the teste or date thereof ; at which day , if the Sheriff did Return , that the Defendant was not found in his Bayliwick , the Court granted another Writ called an alias Capias , directed to the same Sheriff , Returnable 15 days at least after the teste or date thereof , commanding him to Arrest the Defendant ; at which day if the Sheriff returned that the Defendant was not found , &c. the Court granted a third Writ called a Pluries Capias , with the like teste and Return ; whereon if the Sheriff Returned the third time , that the Defendant was not found , &c. the Court then granted a Writ of Exigent , commanding the Sheriff to call the Defendant from County Court to County Court , five Courts following ; and also another Writ , called a Proclamation , commanding the Sheriff to make three publick Proclamations , one at the County Court , another at the General Quarter Sessions , and the third at the Church-door where the Defendant lived , on a Sunday immediately after Sermon or Divine Service ; and if the Defendant did then render himself , or retained an Attorney to File a Supersedeas , which cost him 2 s . 4 d . all these Proceedings were discharged , and his Appearance accepted without Bail , and the Defendant to make his defence as a Free man , but if he then failed to appear after Summons , and so many Writs and Proclamations , he was adjudged an Outlawed person , and thereby to Forfeit the Issues and Profits of all his Lands and Tenements , and all his Goods and Chattels to the King , and his Body to be committed to Prison , and not to have the benefit of the Kings Laws in any of the Kings Courts of Law or Equity .

IV . By the Ancient Law , when the Plaintiff had recovered Judgment in any Action , after a Year had pass'd without any Prosecution , he could not take out any Execution thereon , without suing forth a Scire facias , for the Defendant to shew cause why Execution should not go against him , the Law supposing the Debt might be satisfyed when there had been no Prosecution in all that time .

V. By the Ancient Law , when a Writ of Error was brought to reverse any Judgment , and the Plaintiff therein had put Bail , there was a Supersedeas to stay all Proceedings on the Original Judgment , until the Error was tryed , and the Defendant all that while was safe .

VI . By the Ancient Law of England , generally where one was sued for a Debt without Specialty under the Defendants Hand and Seal , the Defendant might wage his Law by swearing he owed the Plaintiff nothing , and bringing his Compurgat into Court , to swear they believed him , he was discharged .

VII . By the Ancient Law , when the Debtor had given Bond for what he owed , he was safe until the day of Payment .

VIII . By the Ancient Rules of Practice , when one brought an Audita Querela , two persons only were required for Bail , and the Presidents were so but Fourty Years since .

IX . By the Law of England , no Attorney could appear for any Man without his Order .

X. By the Ancient Law , If the Defendant pleaded several Matters in his defence or justification to the same thing , the Plaintiff might demur for the uncertainty , for that he could not thereon joyn a single Issue .

I. BY the Law now in Practice , every Man that pretends an Action against another , tho' but seigned , hath liberty to Arrest his Adversary for any Sum , and hold him to Bail at his pleasure , without giving any Pledges to Prosecute , but only naming Jo . Doe and Rich . Roe , or any two imaginary Persons for his Pledges ; but if the nominating such Pledges be omitted in any Declaration , it s held a manifest fatal Error not to be help'd . So zealous are we for Shadows , neglecting Substances .

II . By the Law now in Practice , every Man hath liberty not only to Imprison his fellow Subject in Execution for Debt , but also to hold him arbitrarily to Bail on mesne Process , which was never practised in Westminster Hall in the time of King Char . I. the Rump Parliament , the Protectors , nor in the beginning of King Char . II . until the Court of Kings Bench growing much on the Common Pleas by the Writ of Lat . which paid no Fine , as Originals in Debt did in the Common Pleas , whereby that Court lost not only great part of the Practice , but also the Lord Chancellor and Lord Chief Justice of that Court finding themselves much prejudiced in their Shares of those Fines , they joyned to procure the Statute made in the second Session of Parliament , 13 Car . 2. that no Man should be held to Bail , unless the Cause of Action appeared in the Writ ; after which , for some Years , the Common Pleas recovered ground on the Kings Bench , until Sir Matthew Hale was made Lord Chief Justice of England , who about 1667. incerted the Clause of ac Etiam Bille , &c. in the Writ of Lat . and by that means regained their ground of the Common Pleas , whereof that Court being sensible , found it absolutely necessary to make all their Originals in Trespasses , and to incert the same Clause of ac Etiam , &c. in their Writs of Capias , and after Judgment , to File an Original in Debt , perchance in one case of twenty ; ever since which time , both Courts have vyed on each other in the point of holding Defendants to Bail : So that in the least Action upon the Case , Trespass , or any other Action , feigning any special Matter whatsoever , tho' never so false in the ac Etiam , every Man is Arbitrarily Imprisoned as abovesaid , whereby all the Prisons in England , especially the Kings Bench and Fleet are so crowded with Prisoners .

III . By the Law now Practised , the Summons is only mentioned in the Declaration , but never served on the Defendant , the three several Writs of Capias , alias & Pluries , are all sealed at once , and brought to the Sheriff together , but with several Trespasses and Returns , with 15 days betwixt each of them ; and the Sheriff , who is sworn to make no false Returns , must at his peril return then altogether at once , though brought to him so long after their several days of Return , and the Proclamations at the County Court , the Quarter Sessions , and the Church-door , are either not made at all , or so made that they are but a meer Mockery , so contrived that the Defendant shall have no notice at all , until he is taken on the Outlawry , and hath thereby forfeited the Issues and Profits of his Lands , and all his Goods and Chattels ; and he being a close Prisoner , his Adversary takes advantage to proceed against him in all Courts , who for want of making his Defence , is condemned and ruined without being heard , and all this Calamity brought upon him without any Fault or Neglect of his in the least ; and the Peers of England are not absolutely out of Danger in this Case .

IV . By the Law now , when a Judgment is Entred , and a Year , two , three , ten , or more are past , the Plaintiff takes an ac Etiam out of either of the Courts of W●stminster , and holds the Defendant to Bail in double the Judgment , which is the same in effect as if he were taken in Execution ; and if sometimes there be a scire facias , it s but a Formality ; for it s so managed , that the Defendant shall have no notice thereof , until taken in Execution .

V. But now though the Plaintiff in the Writ of Error , hath put in never so good Bail , the Plaintiff in the Original Action may Arrest the Defendant on that Judgment , and Declare in a new Action of Debt , and recover another Judgment , and take the Defendant in Execution thereon , tho' his Writ of Error be depending undetermined .

VI . But now all such Actions are turned into Actions on the Case , Indebitat . Assumpsit , quant . meruit , Insimul Computasset , mutuat . and several other Actions wherein the Plaintiff may declare for 1000 l. or as much as he please , and hold the Defendant to Bail , and if he proves but a penny , he recovers it and his full Costs .

VII . But now though the Debtor hath given Bond for what he owes , the Creditor , on pretence the Debtor is about to run away , may Arrest him before the day of Payment , and hold him to Bail .

VIII . By the Practice now , four persons are required for Bail in Audita Querela , and in time may require four and twenty .

IX . By our Law now , if two , three , or four persons , or more , are bound in a Bond or a Bill Obligatory , any one of them may give an Attorney order to appear for himself , and all the rest , and recover Execution against all or any of them without their knowledge , and then he himself goes free .

X. By the Practice now , the Plaintiff may lay 2 , 3 , 5 , 10 , 20 several Promises or more , in one Declaration , and oblige the Defendant to make his Defence to them all at his peril .

By these and divers other strange Practices of this sort , the Law of England , as it is now practised , compared with what it was anciently , looks like a prodigious Monster , absolutely destructive to the Liberty of the Subject , whereby all the Prisons in England , though they have often been emptied by many good Acts , especially in His present Majesties Reign , yet are they now as full as ever ; and should they now be cleared again , will in a Year or two be as full as they are now , unless these Abuses , and many others , be reformed by some good Act or Acts of Parliament .