LIBERTY AND PROPERTY, WITHOUT OPPRESSION.
As is set forth in Sundry LETTERS, directed to the PUBLIC of the County of MONMOUTH, in the Province of NEW-JERSEY.
THE PREFACE.
TO THE READER.
WHEREAS Liberty, is the Glory of every true Subject under the Crown of Great-Britain, and as every Subject when crampt of that Liberty, ceded to him by the many Acts of Parliament, in particular, that Act for holding Courts, is taken from him, or at least, so far as to make the Court an Oppression, instead of being a Refuge to fly to, when oppressed, —I say, when Privileges are thus turned to Oppression; every true Lover of his Country, will readily agree with me, that the Subjects under such Oppression, have a just Cause of Complaint; and that such has been the Condition of the Inhabitants of the County of Monmouth, in the Province of New-Jersey, will appear by the following Copies of several Letters sent and dispersed, directed to the Public of said County; by which the Public may have an Idea of the Oppression, there so much complained of; and hope that every Lover of his Country, whether Creditors or Debtors, will duly consider the same.
LIBERTY AND PROPERTY, WITHOUT OPPRESSION.
The first Letter was found near the Court-House, in said County, directed to the Public of the County of Monmouth, enclosed with the following Verse,
PERMIT me to declare to you my deep Concern for you and myself, in regard to the present deplorable and afflictive Times, &c. which brings to my Mind the past heavy Burthens we have struggled through; it is but a few Years ago, when we were burthened, [Page 6]with a l [...]ng, tedious and expensive War, which drained our Country in a great Measure, of both Men and Money: but as it was in Defence of our Rights and Liberties, we cheerfully struggled through the same
Secondly, we were burthened with a most Destructive, alarming, and unconstitutional Act of Parliament, (to wit the Stamp Act) and that from our Mother Country, the Thoughts of which alarmed every considerate Breast, from the highest to the lowest Bank of People: every one calling out for Liberty and Property: The Consequence of which, was, that by a steady, firm and undaunted Resolution, in Opposition to so unconstitutional an Act; we as Freemen held our Right to Freedom, and boldly withstood the Threats, and at [...]th were heard by our Mother, our Grievance red [...]ssed, and we restored to our former Liberties.
Thirdly, We having by our good Resolutions turned our the w [...]ding and devouring Serpent, and then setting ourselves down easy, and not keeping out a resolute Watch, have l [...]t in Serpents seven Times more devouring than the first (to wit L—yrs) who in their daily Practice are as Private Leaches, sucking out our very Hearts B [...]; our public Houses are p [...]p [...]r [...]d with [...] Advertisements, and we daily h [...]a [...] [...] Lands and Goods sold for [...] one Fourth Part of the Value, [...] is ruined, and his Family turned ou [...] of [...] his whole Estate not amounting to m [...]re th [...] [...]wyer's and Sheriff's Fees, while the Cre [...] [...] hi [...] Money, and in the next Place the [...] to G [...]al, the [...]e to starve and suffer, [...] in the like Condition at hom [...]; the Consideration of which makes me cry out to you my Countrymen, Rouse, Rouse! and shake off your dr [...]w [...]y and stupid Delays; open your Eyes, and you will see the ruinous State of your Country, [Page 7]and say with David of old, that the Hand that deliver'd us out of the Paw of the Lyon and the Bear, shall he not deliver us out of the Hands of the uncircumcised L—yrs? We all of us complain of the Hardness of the Times, but not one of us offers to forward any Means to shake off the Burthen, David would never have slain the uncircumcised Philistine, had he not used Means for that Purpose; neither shall we ever overcome the ungrateful L—yrs, if we do not bestir ourselves: Consider the daily Practice of those Gentlemen of the Law, as they Stile themselves; what extravagant Bills of Cost are made, and Escapes brought against Sheriffs, when they already have got the Man's whole Estate? We are free People, & shall we be brought to Slavery, and that by a Set of People brought up among us, who are living upon the Ruins of the Poor, and will hardly look at a common Man, when they meet him, unless they can persuade him to have an Action brought against one or another of his Neighbours? We were deemed a People of good Courage and undaunted Resolution, when we withstood the Stamp-Act; and shall we now give away our all to this unconscionable Set of L — yrs? No, but let us with the same manly Spirit withstand them; and first in a friendly Manner desire them to desist their unwarrantable Practices, and if that will not take Effect, then where are all our couragious young Men? Remember the saying of Soloman of old, that Oppression maketh a wise Man mad; stand together and forbid them Practising in our Court, and rid the County of such Barbarity, and turn them out of the County. Young Men consider you are now entering the Stage of Life; the Burthen has been laid upon your Fathers, and Friends, and if you do not shake it off in Time, it will be seven Times as weighty upon your Shoulders, and so multiply from Generation to Generation; it is easier to grub up a Sapling, than to grub up an old [Page 8]Tree: My Advice to you is, to collect a Body together, and to forbid them entering the County House, except such as are concerned in Kings Business; let them with the Court proceed on such Business, and no farther; let us bear true Allegiance to our Rightful Sovereign, GEORGE the Third, whom God prosper; but not bear Allegiance to a Set of uncharitable and ungrateful L—yrs; let their Money be deemed a Curse, their Company a Disgrace, their Practice unwarrantable, the very Sight of them an Aggravation; let such who encourage them, be deemed a public Nusance, and Enemies to their Country. Those L—yrs, will tell you they do not act of themselves, but that their Clients order them, which may be the Case in Part; but consider their Practice after Judgment,—they will grant Execution against a Man's Goods and Chattels, Lands and Tenements, ordering the Sheriff to sell them at all Events, let it sell for what it will; the Sheriff is thereby obliged to sell, to save himself; but before the Sheriff can have Time to make the Money of the Man's Estate, which is due, the L—yrs will grant what they call a Casa, for the Residue; and by the Time that is returnable, they will have an Escape against the Sheriff, for not confining the Debtor to Goal, and so make a treble Bill of Cost, before the First has had Time to be settled; when the Whole comes to a Conclusion, perhaps they have not raised Money to pay one Third Part of the Cost; well then, the artful L—yr, will say to his Client, I have done all in my Power to serve you, I have been diligent in my Business for you, and am sorry Matters have turned out so bad, but you see I could do no better; you will be so kind as to pay the Remainder of the Cost; and then the Creditor may think himself well off it he has not above Fifteen or Twenty Pounds Cost to pay.
[Page 9] Now, I would give a Word of Advice to Creditors: You see by the above Practices of the Gentlemen of the Law, how artful they are a taking your Money from you; yea, more so than the noted Robin Hood, the great Robber; for he would do it to your Face, and let you know what he was about to do; but those Gentlemen will take it from you smiling, and telling of you a fair and plausible Story: Note, the above Case, perhaps, had the Creditors taken the Debtor's Estate, and made the best of it, he would have got his Whole Money, and the Debtor left at Freedom; but now you find the Creditor has lost his Demands, and obliged to pay a considerable Cost, and the poor Debtor in Confinement.
So I conclude with this my Advice to you, open your Eyes, and every one see for himself and his Friend, is the Prayer, of a Friend to the Public in General.
The Second Letter was also found near the same Place, and directed as the Former. Enclosed with the following Verse.
MY dear Friends and Countrymen, please to consider the critical and most lamentable State our County of Monmouth is in, from the licen [...]ious Liberties, that the voracious L—yrs take in their Practices of the Law; and which is worse, they get their Abominations sanctified elsewhere; to the utter undoing of whole Families, (to wit) One Person was sued for Seven Pounds, on a Note; the Person paid the Sheriff, £ 16, the Sheriff told the Person that the aforesaid Sum was not sufficient for Debt and Cost, but must have Goods in Execution, which he took to treble the Value of the Debt, besides the sixteen Pounds; before the Money could be had, an Escape was brought against the Sheriff, so that the Debt and Cost, with Forty Shillings Interest, came to Twenty Five Pounds.
Another, Person was sued upon a Bond in Judgment, the Defendent confessed Judgment, to prevent further Cost; yet the Costs in Six Months, amounted to above Fifteen Pounds: Another Person was sued for Eight Pounds, upon a Book Debt, Judgment and Execution [Page 11]were obtained against said Person, and he died intestate; his Administrators had Twenty eight or Thirty Pounds Cost to pay to a preying Vulture, when Forty Shillings would have been full enough: Thus have we a Widow left with four or five small Children, in a lonely Cottage, almost without Bread to support Nature, or Clothing to keep them from the Extremity of the Cold! What a pretty Article would it have been to them in a Christian Land, that the Law should have secured the Sum, thus obtained by the above said Extortion, for the Relief of those little innocent Ones? when alas! they have now nothing left but Penury and Want.) To number or sum up the Whole of such Transactions and Extortions, that are perpetrated under Pretence of Law, is needless, since a Letter found at Freehold, in the County of Monmouth, June 21st, 1769, will fully demonstrate the L—yrs Abominations, which, if not timely prevented, will be the Case of Hundreds of Families in this County; these crying and abominable Practices, as is set forth in the aforesaid Letter, are at this Time thoroughly known by the major Part of the County. For Heaven's Sake! Can it be thought, that the wise and merciful Creator, made a few Men to govern as Gods, and the rest of Mankind to be governed as Beasts? The Almighty has form'd us, to get our Bread by the Sweat of our Brow, and he that doth it not, is a useless Member, and ought to be turned out of Society, which are the L—yrs.
And now my dear Countrymen, what Heart that is human, or is not as hard as an Adamant, would not melt to hear the Distresses and Cries in our Land? and not be moved to put down such idle Drones from practising, until there is a thorough Regulation in the Law? and that the Law may be made so legible, that we may do without these Drones, or may prevent them for ever from their unconscionable Practices any more! And now my brave Countrymen arise, and let us [Page 12]join in mutual Defence of each other, and against every Practitioner of the Law, and prevent them from vexing and ruining so many Hundreds, if not Thousands; for it seems to be the strange Policy in us, to leave the Whole Property of New-Jersey, to be disposed of by the ungodly Consciences of the petty Foggers, the L—yrs, that can't one in ten of them, plead as well as Balaam's Ass, except they are illuminated, which is impossible.
For Prevention whereof, we the Public of said County in general, do sincerely, absolutely, and bonefide, engage to defend ourselves and each other, in Pursuit of a thorough Regulation, against every Practitioner of the Law or his Deputy, or Substitute, that doth or shall practise in this County; and prevent their perpetrating any Suit as aforesaid, or hereafter, in said County, by turning him or them out of said Country, King's Business only excepted; we do hereby promise that we will not disturb such Suits, upon the Account of the Peace of Society, and good Order of Government; but do acknowledge a true and faithful Allegiance to his Majesty, GEORGE the Third, and do sincerely engage to defend him with our Lives and Fortunes; and by these Presents do hope and pray, that every true Lover of his Country, will appear early the first Day of July Term next, at Monmouth Court House, there to prevent any more of our Countrymen, and their Families from Ruin, until our Complaints be heard and our Grievances be redressed.
July 6th, 1769.
In the next Place, I shall give a Brief Account of the Effects, the foregoing Letters had upon the Minds of the People, &c. The major Part of the People of said County, upon hearing and reading the foregoing [Page 13]Letters, were ready to join the Proposals made in said Letters, and many Consultations were held upon the Subject; it was at length agreed to present the following Petition to the Court, which was signed by about One Hundred Freeholders in said County, &c.
The following is the PETITION.
To the Honourable COURT of Common PLEAS, for the County of Monmouth, &c.
THE Petition of the Subscribers, humbly sheweth, Your Petitioners beg Leave to lay before your Honours, the distressed State of said County, &c. Your Honours will readily allow, that such a Time of Distress, among the Inhabitants, never was, since this was a County; which Distress we conceive, arises in a great Measure, from the irregular Use of the Law, made by those Gentleman, called Lawyers, of which many Instances might be numbered, which we think unnecessary, as your Honours are not Strangers to the Proceedings of those Gentlemen aforesaid; we daily see their oppressive Practices increase; we understand that there are now between 130 and 150 escape Writs served upon our late Sheriff, returnable to this Court, which is enough to alarm the most stupid of Mankind: We your Petitioners had thought not to make my Complaint, until we had a Legislative Power to complain to; but as we are at Present deprived of that Power, we are now under the Necessity of laying our Complaints before your Honours; we are of Opinion that unless there is an immediate Stop put to the Proceedings and abominable Practice of the aforesaid Gentlem [...]n, [Page 14]that our County will in a few Years be ousted of the greater Part of its present Inhabitants: Now we your Petitioners humbly pray, that your Honours in your Wisdom, will take the before-mentioned distressed State of this County into Consideration, and with us lament the Consequences. We farther pray, that there may be a Stop put to the aforesaid Practices, by making a Rule in this Court, that all Proceedings in the Law Way (King's Business excepted) be stopped until we your Petitioners, with the remaining Part of this County, have an Opportunity to lay our Grievance [...] before the Legislative Power; surely your Honours wisely considered the Alarms of the Stamp-Act, and stoped Proceedings upon the Account of said Act, to the great Satisfaction of the Public; and shall you not now stop Proceedings upon the aforesaid Abominations, which are much more alarming? The Thoughts of the before recited Practices of said Gentlemen, has alarmed the greatest Part of this County, of which there is a Number ready to risk their Lives, to shake off the aforesaid Burthen; and it is our Opinion, that unless your Honours acquiesce with us in the above Proposal, of making a Stop of Proceedings, as aforesaid, that the People will be riotously mad, and where it will then end, God only knows; for it seems to be the Resolution of the People in general, to stop the unwarrantable Proceedings of the aforesaid Gentlemen, by one Means or other: We therefore earnestly pray, that your Honours will remedy the aforesaid Grievances as aforesaid, so that the People may return home, quietly and peaceably.
We your Petitioners pray, that your Honours will after considering this our Petition, favour us with an Answer thereto, before you admit one Lawyer in, or adjourn the Court; for which, your Petitioners, as in Duty bound, shall ever pray, &c.
[Page 15] Thirdly, I shall now give an Account how Matters were carried on at the Court. The Evening before the Court, there was a Liberty Pole set up, with a Union Flag at the Head of said Pole. Tuesday the 25th of July, it being the first Day of the Court, there was no less than two or three Hundred Liberty Boys, appeared under said Flag, in Defiance of the Gentlemen called La—yrs; the Court being called, the Court with the Grand-Jury, were admitted peaceably to enter the Court-House, but no La—yrs were admitted to go in; upon which the Court made Proposals to the Public, with Assurances, that they would redress the Grievances of the People, as far as lay in their Power; which in some Measure appeased the People, but could not fully consent to make Way for the Lawyers to enter the Court-House. Wednesday the 26th Day of July in the Morning, it was again warmly insisted upon, by the Court Party, that the Liberty Pole should be taken down; a Gentleman of said County, asserted to the People, that the Lawyers had given up the Point, and would not seek for an Opportunity to enter the Court; upon which in Obedience to the Court, the Pole was taken down, and all Ma [...]ters appeared quiet; but when the Liberty Boys were in a Manner all dispersed, the Court was called; the Judges coming to the House, intermixed with the Lawyers, gave some few of the Liberty Boys Reason to suspect, that the Assertion from the aforesaid Gentlemen, was not fully observed; upon which they demanded the Reason of the Lawyers coming to enter the Court; but were answered with a general Attack from Judges, Sheriff, and Lawyers; who played away so furiously, that they soon overcame the small Number that opposed them; they being four to one, and so Judges, Sheriff, and Lawyers entered the Court, &c.
Fourthly, I shall here introduce a Third LETTER, found as aforesaid, which will add Something more to opening a View, to the Public, of the Oppressions so much complained of.
I think it is highly necessary to acquaint the Public, what was the moving Cause of the Opposition made by the Inhabitants of said County, against the Gentlemen called L—yrs; at our Court held in said County, on Tuesday the 25th July, the Inhabitants of said County, having long laboured under great Oppression, arising from some of the aforesaid Men, of which, I shall mention one Instance, tho' many more of the like Kind might be proved; one of the said Gentlemen finding that a Shop-keeper, of said County, was indebted to a Merchant in New-York, the said Gentleman (tho' not worthy of that Character) informed the Merchant, that if he did not immediately push for his Money, he would be very likely to lose it; upon which, the Creditor put the Debtor's Bond in the Lawyer's Charge; the Lawyer yer sent to the Debtor that he had such a Bond, and that if he did not put Bonds and Accounts in his Hands sufficient to discharge the Debt, that he must immediately sue him; upon which the Debtor put between 40 and 50 Bills of Accounts, in said Lawyer's Hands, by an Agreement, that they should not be sued upon, until after the next Court; but the ungrateful Lawyer, violated the Agreement, and before the Court, granted Writs for all the above cited Bills and Accounts, and also for the Shop-keeper himself; this with many such like Practices might be prov'd.
[Page 17] The Second Oppression arising from the said Gentlemen, is the many unwarrantable Bills of Costs made by many of them, which was fully prov'd, at the Court aforesaid; the Inhabitants under the aforesaid Oppressions, were determined to shew the Court, their Disapprobation of such Proceedings; upon which the Court, with the Public, agreed upon amicable Terms, and all Animosities to be laid aside; but by a misunderstanding of some Persons, when the Court was called, said Persons pretended still to oppose the said Lawyers, which caused some considerable Confusion for a few Minutes, but when fully understood by both Sides was also dropped for the Present; I mention the above Proceedings of the aforesaid Gentlemen, and also the Proceedings of the Court, to shew the Creditors of the People in said County, that it was not with a Design to defraud them, but that it was much the contrary. After the above Commotions, a few Bills of Costs were laid before the Court, off of which, there were above one Hundred Pounds docked; if my Information be right, there is so much saved for Creditors, and I doubt not, but in the Term of a few Years, it will prove, that there will be many Thousands of Pounds saved for the Use of Creditors as aforesaid.
Fifthly, I shall farther introduce [...] LETTER, found as aforesaid [...] will shew where the Lawyers' Ab [...]mi [...] tions get Sanctity, as set forth [...] the Second LETTER, before [...], &c.
Directed to the PUBLIC of the County of Monmouth.
GENTLEMEN, I being a Spectator at your Court, of July Term last, and there seeing the great Tumults, that were made in opposition to the Gentlemen, called Lawyers, put me to a Consideration, were the Abominations there so much complained of, against said Lawyers, might arise from, upon which I put myself in the Way of Discourse, with a worthy Gentleman, who I knew was well versed in the Business of Courts, and what they were erected for, who I shall introduce under the borrowed Name of Moderator.
WHERE did our Courts of Quarter Session, first take Rise from?
Our gracious Sovereign, Charles the Second. having the Good of his Subjects much at Heart, he with his Council, first granted Commissions for Courts to be held throughout his Dominions, for the Safeguard of his People; so that every County and Shire, should have Judges, and Courts, among themselves, to hear and redress the Grievances of his People, to which every Subject had free Recourse, and there to be heard.
Were there any Lawyers to appear in said Courts, to open the Laws to said Judges?
No, their Judges were not deemed worthy of that Honourable Commission, until they were fully versed in the Law, and likewise Men that were so well grounded in their Principles, as not to be swayed or controuled by any Solicitor whatsoever.
What was the Consequences, if they should be swayed by the Influence of a Solicitor, so as to deviate from the true Intention of said Courts?
In Honour to so worthy a Commission, they were publickly made an Example of, and their Commissions taken from them, and they never deemed worthy of bearing a Commission again, under his Majesty.
Do we not hold our Courts under the same Commission the People of England did, and yet do?
Yes. our Sovereign's Laws for holding Courts, extend as far as he has any Subjects to hold Courts, and that under the same Discipline as they are and were held in England.
Are the Lawyers Members of that Honourable Court?
No, they are not Members of the Court.
What then is their Business in the Courts, and where do they get their Licence from, for acting in said Courts?
The Lawyers first obtained a Licence from our Governor, to appear in the Courts, to act for the People, there to open the Complainers Cause to the Court, so that the Court may have a full Apprehension of the Complaint to them made, so that they do Justice to the Subjects.
Then the Lawyers are Subjects to the Court, and are liable to be brought to Justice, if they act against the true Tenor of the Law?
Surely they are liable to be [...] brought to the Barr, for acting the least [...] [...]y to the Law.
How comes it then the Lawyers [...] [...] plained of in your County, are not brought to [...]
It is my Opinion that the Judges [...] be blamed for the great Oppression complaine [...] [...]g the People, than the Lawyers; for the Law [...] [...] as all other Mechanics, they endeavour to get [...] Business they can, and when they have got the Business, to make all the Profits by it possible, to support them in their luxurious Way of living.
Have not the Judges Power to dock the Lawyer's and Sheriff's Fees, if they take more than the Law allows them.
Yes, and they are bound by Oath, to do so according to Law.
I understand that there were some Bills of Costs that had been taxed by one of the Judges of your Court, brought before said Court, and there docked of near one Third; then where was that Judge's Oath?
Indeed I cannot tell you, unless he had it shut up in his Snuff-Box, or drowned it in a Glass of Wine.
Ought not such Judges to be brought to Justice?
Yes, they ought, but where will you bring them to Justice, for all of them have swallowed so much of the unrighteous Mammon, that it is hard to find a competent Judge among them, and it is necessary for the County, that they be brought before a higher Court.
But how shall we common People bring the Judges before a higher Court?
Now you come to the Point, which Question I cannot resolve, unless you have a large Purse of Gold, and then fee a Lawyer; then perhaps you may have [Page 21]them called to an Account in the Supreme Court, or a Court of Chancery.
I understand that your Grand-Jury, found Bills of Indictment against some of the Lawyers, ought not they then to be brought openly before the Court, and to be tried by their Country?
Surely they ought, but I fear that there is so much accessary Guilt among those that have the Power to bring them there, that they will rather punish a Dozen common Men, who would spend their Lives in a good Cause for their Country, then that there should one of those Extortioners, be openly brought to Justice.
What you say in your last answer, I think seems to be a hard saying.
Not one whit too hard! was it not fully proved at our last Court, when the County under the heavy burthen of Oppression, sought out the best Means to relieve themselves that they conceived they could do, the Judges would not enter the Court, without they had a Train of Lawyers after them, and that the Judges were the first Men that entered into the unhappy Combat, in Defence of the Lawyers; and shall we expect, Justice from such Judges, against Lawyers, that they will fight for? no reasonable Man can expect it.
What you say seems to carry great Weight with it, and how shall you then bring the Court to Justice?
I know of no other Means, unless it be to withstand them in all their Wiles, until they will appear hearty in the Cause of their Country, to bring every Offender to public Justice, from the highest to the lowest Rank of People.
Do you not think the late Commotions will make the Judges, think something more of their Duty towards their Country.
I fear that they, like Pharoah of Old, will again harden their Hearts, until they feel the Effects of it themselves.
I think according to what you say, that the Judges in every County, are placed as Fathers of that Family.
They surely are; as a Father's Duty is to discipline his Children, and govern them according to the Rules laid down in holy Writ, without respect of Persons, so it is the Duty of all Judges and Justices to discipline and govern the People, and Judge between Man and Man, without Respect of Persons, according to the Laws of our Land.
I am very much obliged to you for your Condescention in opening so far to me the Grounds of our Courts, and also the Duty of the Judges of said courts.