❧ A CAVEATE for Sheriffs, or a Whip for corrupt OFFICERS.
WHat cruell Exactions, and heavie Oppressions the good People of England have sustained by corrupt Officers and other Varlotts, by forcing from them unjust summs, as also by uncivill usage of their Persons, and abufing their Goods, Without all doubt, there are few or none but are senfible hereof; and many by sad Experience have felt the same, to the utter ruine both of them and their Families, many People so wronged, being ignorant of the Lawes and Statutes made to curb their Insolence and Oppression, suffer meerly for want of knowledge thereof; Therefore for the better Discovery of the unjust and cruell oppressions of these Vermine, and for giving some light to the abused People, as well as for prevention of these groaning Evills, it will be very requisite to insert here what good and wholsom Laws are now in force against these Catterpillars, and what Dammages are given to the Party grieved for evey offince committed contrary to the Law.
In the 29th Year of Queen Elizabeth, amongst other Laws, it was Enacted.
In the 23 Year of Henry the Sixt, and the tenth CHAPTER.
IT was also provided for prevention of Extortion, Oppression and other Crymes notorious, by Sheriffs, Undersheriffs, and their Clerks. Coroners, Stewards of Franchisees, Bailiffs, and Keepers of Prisons, and other Officers in severall Counties;
That no Sheriffe take for any Arrest or Attachment, above | xx. d. |
The Bailiffe that maketh the Arrest, to take but | iiii. d. |
The Goaler, if the Prisoner be committed to his Ward, | iiii. d. |
The Bayl Bond upon the Arrest | iiii. d. |
And if any Sherriff, Ʋndersheriff, Clerke, Bailiffe, Goaler, Coroner, Steward, Bayliffe of Franchise or LIBERTY, or any other Officer or Minister, which shall do contrary to the same, shall loose to the Party in this behalf grieved, trebble Dammages, and shall forfeit the Sum of 40. l. for every time they, or and of them shall so offend; The one Moity is to His Highness the Lord Protector, and the other Moity to him that will sue for the same.
HEre you see what limmits former Ages have put, to restrain these Officers from Exaction; now if any Person (as I think few or none but have been bitten by these Serpents) will seek after a Cure for his wound, the Law is his best Phifition.
But though the prevention of this horrid Charge and Exaction may seem very difficult; Yet this may be offered by way of Caution.
IF any Man borrow money, or buy any Merchandize or other Cōmodities whatsoever upon specialty, when he sealeth, or upon Contract, when he so Contracts, to leave with the Party to whom he is ingaged, a Warrant to some Attorney to appear for him in any of the Courts at Westminster, where such Plainte may propperly lie, in case of Failer, which Warrant to be Irrevocable, and the Attorney to whom such Warrant is granted, not to refuse the same, but to file his Bayle in the Terme he is required, after the time limmitted to the Party for Payment or performance, and to take a Declaration with an Imparlance, the Plaintiffe or Defendant paying unto him the due Fees for the same.
That in Case the Plaintiffe in all such Cases, or in any other Case whatsoever, where Bayle is requirable, shall doubt of the parties payment or performance, after this milde way, and will have Bayle to his plainte, It is offered that the Plaintiffe would be so Christian like, before the day of payment or performance of whatsoever it may be; to admonish the party to keep his time, or provide reasonable Bayle.
This Christian Course would keep Goals empty, and make the Varlotts return to their Vomitts, and not to bury men alive as they now doe, and swim to the chin in the ruine of whole Families.
This way will make People buy and deale safe in respect the Law looks upon them the first day of their commerce and Ingagement.
The Warrant of Appearance to be thus.
To A. B. Gent. one of the Attorneys of the ƲPPER BENCH.
If in the Common Pleas, Then thus.
To A. B. Gent, one of the Attorneys of the Court of Common Pleas.
WHereas J. M. C. of D. in the County of N. give him his Adition am Bound unto R. F. of O. in the County of L give him his Adition, in o [...] Bond or Writing obligatory, of the penalty of [...] Conditioned to pay the Sum [...] of lawfu [...] English Money at or upon the [...] day of [...] next ensuing the Date of these Presents. [Page 7]If therefore I the said M. C. shall faile in payment thereof at the time aforesaid, Then upon sight hereof you are hereby Authorised to appear for me, in the said Court as my lawfull Attrney, and to take a Declaration, with an Imparlance of the said R.F. Attorney the next Term following the said [...] day of [...] Or in any other Terme following, if you shall be thereunto required. And for your so doing, this shall be unto you a sufficient Warrant; and what Fees shall be due to you for the same, I will pay you, or allow the same to R. F. if he shall pay the same.
Witness my hand and seal this [...] day of [...] 1654.
Sealed and delivered to the use of A. B. In the presence of [...]
And so for all other Warrants of Appearance, according to the quallity of the thing done between party and party, which may be very easily recited.
This is a sure way that the Plaintiffe may proceed when he please, let the Defendant be where he will.
This is a great ease to the Defendants, in all first Proces, and sometimes to the Plaintiffs, for it so falls out sometimes, that they loose the thing sued for.
And if no necessity of Bayle in the Case, then an Appearance is sure.
This will prevent Utlawryes ad respondendum.
The Charges of Arrests are infinite great, Oppressive and delitory many times to the losse of the thing sued for, together with the Charges of sute.
This Warrant may lie Dormant at the Plaintiffs pleasure, and to be in force in any Terme; the Parties being living; which will be of very great use, and induce much to payment or satisfaction, at the Case shall require.
For he that will not give an Appearance in this nature, or Bayle upon notice, as is before expressed, if required, cannot expect any thing of favour from his freind to whom the Demand belongeth.
This way will probably secure mens Rights & Dues, and preserve many an idle Person out of the Jawes of the Goalor, who would (if not so neer the Goal) be careless, and run away from it; the sooner to fall into it, being negligent of payment, because not in present danger of prosecution.
It's true, Creditors ought to be paid, and it is as true, Debters onght to pay; But you know the old Proverbe, Where nothing is to be had, the Chief must loose his Right.
Can a Man make Brick without Straw? Can a man pay before he hath it?
Put not your Christian Brother upon Impossibilities.
Measure as you would have measured unto you; This is the whole Sum of the Law.