7. The same author (in the preface to his second essay) goes on:
“You, gentlemen of the grand juries, take a solemn oath, that you will diligently enquire, and true presentment make, of all such articles, matters and things as shall be given you in charge: as also, that you will (not only present no person for envy, hatred, or malice, but) not leave any unpresented, for fear, favour or affection. Now, are not the laws against immorality and prophaneness given you in charge, as well as those against riots, felony and treason? Are not presentment and indictment one method expresly appointed by the statutes, for the punishment of drunkenness and tipling? Are not houses of bawdry and gaming, punishable in the same courts, and consequently presentable by you? Is not the proclamation for the punishing of vice, prophaneness and immorality, always read before you as soon as you are sworn? And does not the judge of assize, or chairman of the bench, in the charge given immediately after the reading it, either recite to you the particular laws against such offences, or refer you for them to that proclamation? ’Tis plain from all this, that you are bound upon your oaths, to present all vice and immorality, as well as other crimes, that fall within your knowledge, because they are expresly given you in charge. And this you are to do, not only when evidence is offered before you by the information of others, but with regard to all such offences as you or any of you are able of your own personal knowledge to present: all which you have sworn to do impartially, without fear, favour, or affection.”
I leave it now with all reasonable men to consider, how few grand jurors perform this? And consequently, what multitudes of them, throughout the nation, fall under the guilt of wilful perjury!
8. The author proceeds, (page 8.) “I shall next address myself to you that are constables. And to you I must needs say, that if you know your duty, ’tis no thanks to us that are justices. For the oath we usually give you is so short, and in such general terms, that it leaves with you no manner of instruction in the particulars of the office to which you are sworn. But that which ought to be given you, recites part of your duty in the following words:
“You shall do your best endeavour, that rogues, vagabonds and night-walkers, be apprehended; and that the statutes made for their punishment, be duly put in execution: you shall have a watchful eye to such as shall keep any house or place where any unlawful game is used: as also to such as shall frequent such places, or shall use any unlawful game there or elsewhere. You shall present all and every the offences contrary to the statutes made to restrain the tipling in inns, alehouses, and other victualling houses, and for repressing of drunkenness. You shall once in the year, during your office, present all Popish recusants. You shall well and duly execute all precepts and warrants to you directed. And you shall well and duly, according to your knowledge, power and ability, do and execute all other things belonging to the office of a constable, so long as you shall continue therein.”
Upon this, “I would observe first, that actors of plays are exprest by name within the statute, to be taken up for vagabonds, and punished accordingly: and that though a statute of queen Elizabeth’s excepts such companies as have a licence under the hand and seal of a nobleman, yet a ♦later statute in the reign of king James I. has taken away that protection from them; by declaring, that from thenceforth no authority to be given by any peer of the realms, shall be available to free or discharge them from the pains and punishments of that former statute. Every constable therefore in those parishes, where any of these strolling players come, is bound by his oath, to seize upon, correct, and send them packing without delay.”
“The next part of your oath obliges you to keep a watchful eye, on such houses as keep and such persons as use unlawful gaming. The statute directs you weekly or at least monthly, to search within your liberties, all houses or places suspected of this offence, and upon discovering, to bring them to punishment. Upon this article I would observe, 1. That the law makes some allowance, for artificers, husbandmen, apprentices, labourers and servants, to play in Christmas, but at no other time of the year; and 2. That all sports and pastimes whatsoever are made unlawful upon the Lord’s day, by a statute of king Charles II. You are therefore bound upon oath, to bring to punishment such as are guilty of prophaning that day by any sports or pastimes whatsoever.”
“The following parts of your oath are, 1. That you shall present all and every the offences of tipling and drunkenness that come to your knowledge; 2. That you shall once in the year present all Popish recusants. Nay, and by the statute on which your oath is grounded, you are obliged once a year to present in session, all those within your parishes, who (not being dissenters) come not once in a month, at least, to church.” And 3. That you shall well and duly execute all precepts and warrants to you directed. I believe no constable will pretend to be ignorant of this. How is it then, that when we send out warrants, to levy on offenders for swearing, drunkenness, and the like, those warrants are so ill obeyed? Are you not sworn to execute these as well as any other, and that duly too, according to the tenor of your precept? Your precept tells you, you shall demand such a sum, and if the offender will not ♦pay, you shall levy it by distress of his goods: and if no distress can be taken, you are then only to set him in the stocks; otherwise you have no authority so to do: nor is the setting him in the stocks, when you might have distrained, any execution of your precept.”
“The last part of your oath is in general terms. That you shall well and duly according to your knowledge, power, and ability, do and execute all other things belonging to the office of a constable. I shall instance in some things which certainly belong to your office, because you, and none else, can do them. 1. A constable may, without a warrant, apprehend any persons, and carry them before a justice, who are driving carts, horses or cattle on the Lord’s day: 2. Such as he shall find at sports and pastimes on that day. 3. Such as he shall find tipling in public-houses; 4. Shopkeepers selling or exposing goods on the Lord’s day; and lastly, Such as he shall find drunk or blaspheming, or prophanely swearing or cursing.”
“Thus I have shewn you, in part, what belongs to your office: it is well, if according to the tenor of your oath, you duly, according to your knowledge and ability, do and execute all these things. But remember, that if you do not, if you neglect any of them, you are forsworn.”
Now let all men judge, how many constables in England are clear of wilful perjury!
9. “I will now (he goes on) address myself to church-wardens. Your oath is, ‘That you shall well and truly execute the office of a church-warden, for the ensuing year; and to the best of your skill and knowledge, present such persons and things, as are presentable, by the ecclesiastical laws of this realm.’ I shall set down only a few of these.”
“The statute of king James I. obliges you to present once a year, all monthly absenters from church.”
“The 90th canon enjoins you, first to admonish and then, if they reform not, to present, all your parishioners who do not duly resort to church on Sundays, and there continue the whole time of divine service. On this article observe. 1. That a person’s being absent from church, is ground sufficient for you to proceed. 2. That you are not only to present those who do not come to church, but also those that behave irreverently or indecently there, either walking about, or talking; all who do not abide there orderly and soberly, the whole time of service and sermon, and all that loiter away any part of that time in the church-yard or in the fields.”
“The 112th canon enjoins you, within 40 days after Easter, to exhibit to the bishop or his chancellor, the names of all above the age of sixteen, within your parish that did not receive the communion.”
“Other statutes oblige you to present drunkenness, tippling, and public houses suffering persons to tipple in them.”
“And the 109th canon binds you to present all manner of vice, prophaneness and debauchery, requiring you faithfully to present all and every the offenders in adultery, whoredom, drunkenness, prophane swearing, or any other uncleanness and wickedness of life.” It is therefore a part of that office to which you are solemnly sworn to present not only all drunkenness and tippling, but prophane swearing, lewdness, and whatsoever else is contrary to Christian piety. So that if you know any of your parishioners, be his quality or circumstances what they will, that is guilty of any of these, you are obliged to present him to the next visitation, or you are yourselves guilty of perjury. And the 26th canon expresses such an abhorrence of a church-warden’s neglect in this matter, that it forbids the minister, in any wise, to admit you to the holy communion, who (as the words of the canon are) having taken your oaths to present all such offences in your several parishes, shall notwithstanding your said oaths, either in neglecting or refusing to present, wittingly and willingly, desperately and irreligiously incur, the horrid guilt of perjury.”
And who is clear? I appeal to every minister of a parish, from one end of England to the other, how many church-wardens have you known, in twenty, thirty, forty years, who did not thus desperately and irreligiously incur, the horrid guilt of perjury?
10. I proceed to perjuries of another kind. The oath taken by all captains of ships, every time they return from a trading voyage, runs in these terms:
“I do swear, that the entry above written, now tendered and subscribed by me, is a just report of the name of my ship, its burthen, bulk, property, number and country mariners, ♦the present master and voyage: and that it doth farther contain a true account of my lading, with the particular marks, numbers, quantity, quality and consignment, of all the goods and merchandizes in my said ship, to the best of my knowledge; and that I have not broke bulk, or delivered any goods out of my said ship, since her loading in.
So help me God.”
These words are so clear, express, and unambiguous, that they require no explanation. But who takes this plain oath, without being knowingly and deliberately forsworn? Does one captain in fifty? Does one in five hundred? May we not go farther yet? Are there five captains of vessels now in London, who have not at one time or another, by this very oath, which they knew to be false when they took it, incurred the guilt of wilful perjury?
11. The oath which all officers of his Majesty’s customs, take at their admission into the office, runs thus:
“I do swear to be true and faithful in the execution, to the best of my knowledge and power, of the trust committed to my charge and inspection, in the service of his Majesty’s customs: and that I will not take or receive, any reward or gratuity, directly or indirectly, other than my salary, or what is or shall be allowed me from the crown, or the regular fees established by law, for any service done or to be done in the execution of my employment in the customs, on any account whatsoever. So help me God.”
On this it may be observed, 1. That there are regular fees, established by law, for some of these officers; 2. That the rest do hereby engage not to take or receive any reward or gratuity, directly or indirectly, other than their salary or allowance from the crown, on any account whatsoever.
How do the former keep this solemn engagement? They whose fees are established by law? Do they take those established fees and no more? Do they not receive any farther gratuity? Not on any account whatsoever? If they do, they are undeniably guilty of wilful perjury.
And do the latter take no fees at all? Do they receive no reward or gratuity, for any service done, or to be done, in the execution of their employment? Do they not take any money, directly or indirectly, on any account whatsoever? Every time they do receive either more or less, they also are flatly forsworn.
Yet who scruples either the one or the other? Either the taking a larger fee than the law appoints? Or the taking any fee, large or small, which is offered, even where the law appoints none at all?
What innumerable perjuries then are here committed, over and over, day by day! And without any remorse; without any shame! without any fear either of God or man!
12. I will produce but one instance more. The oath of one who votes for a member of parliament is this:
“I do swear, I have not received or had, by myself, or of any person whatsoever in trust for me, or for my use and benefit directly or indirectly, any sum or sums of money, office, place or employment, gift or reward, or any promise or security for any money, office, employment or gift, in order to give my vote at this election, and that I have not before been polled at this election. So help me God.”
We may observe here, 1. That this oath is taken, once in seven years (if ♦required) by all the freeholders, in every county throughout England and Wales, as well as by all the freemen in every city and borough-town: and 2. That hereby every voter swears, in words liable to no evasion, that he has not received, directly or indirectly, any gift or reward, or promise of any.
But (to pass over those godless and shameless wretches, who frequently vote twice at one election) how few are there, who can take this oath with a conscience void of offence? Who have not received, directly or indirectly, any gift or promise of any? No! have not you? If you have received nothing else, have not you received meat or drink? And did you pay for the meat or drink you received? If not, that was a gift; and consequently, you are as really perjured, as the man that has received an hundred pounds.
What melancholy prospect is then before us! Here are almost all the common people of any substance throughout the land, both in the city and country, calling God to record to a known, wilful falshood!
13. I shall conclude this head in the weighty words of the author before cited.
“Most of these, I am afraid, look upon their oaths as things of course, and little to be regarded. But can there be any thing in the world more sacred than an oath? Is it not a solemn appeal to God for your sincerity? And is not that very appeal an acknowledgment, that he will surely punish falshood? Nay farther, Is it not a calling down the vengeance of God upon yourselves if you are false? Do you not, by laying your hand upon the gospel, declare, that you hope for no salvation by Christ, if you perform not what you then promise, or, if what you then affirm, is not true? And do not the words, So help me God, sufficiently prove, that the intention of your oath is so? And that if you swear false, you are to expect no mercy from God, either in this world, or the next? And do you not personally and expresly give your consent to this heavy curse, by kissing the book? How then dare any of you to venture to play with so awful an engagement? Is it that you think the oath of a grand jury-man, or parish-officer,” (of a captain, an officer of the customs, or a voter in elections) “is not as sacred and binding as that of an evidence at the bar? What is it can make the difference? Both of them are equally appeals to God, and imprecations of his vengeance upon wilful perjury.”
14. If there be then a God that is not mocked, what a weight of sin lies on this nation? And sin of no common dye; for perjury has always been accounted one of the deepest stain. And how will any one attempt to excuse this? By adding blasphemy thereto? So indeed some have done; saying, like those of old, Tush, thou God carest not for it. The Lord seeth (i. e. regardeth) us not. The Lord hath forsaken the earth. He has left second causes to take their course, and man in the hand of his own counsel.
* How many are they who now speak thus? According to whose minute philosophy, the particular providence of God is utterly exploded, the hairs of our head are no longer numbered: And not only a sparrow, but a city, an empire may fall to the ground, without the will or care of our heavenly Father. You allow then only a general Providence. I do not understand the term. Be so kind as to let me know, what you mean by a “general providence, contradistinguished from a particular one?” I doubt you are at a loss for an answer; unless you mean some huge, unweildy thing, (I suppose, resembling the primum mobile in the ptolemaic system) which continually whirls the whole universe round, without affecting one thing more than another. I doubt this hypothesis will demand more proof, than you are at present able to produce; beside that it is attended with a thousand difficulties, such as you cannot readily solve. It may be therefore your wisest way for once to think with the vulgar, to acquiesce in the plain, scriptural account. This informs us, that although God dwelleth in heaven, yet he still ruleth over all: that his providence extends to every individual in the whole system of beings which he hath made: that all natural causes of every kind, depend wholly upon his will; and he increases, lessens, suspends or destroys their efficacy, according to his own good pleasure: that he uses preternatural causes at his will, the ministry of good or of evil angels: and that he hath never yet precluded himself from exerting his own immediate power, from speaking life or death into any of his creatures; from looking a world into being, or into nothing.
Thinkest thou then, O man, that thou shalt escape the judgment of this great God? O no longer treasure up unto thyself wrath, against the day of wrath! Thou canst not recall what is past; but now keep thyself pure, even were it at the price of all that thou hast; and acknowledge the goodness of God, in that he did not long since cut thee off, and send thee to thy own place.
15. The Jews of old were charged by God, with prophaning his sabbaths also. And do we Christians come behind them herein? (I speak of those who acknowledge the obligation.) Do we call the sabbath a delight, holy of the Lord, honourable? Not doing our own ways, not finding our own pleasure, nor speaking our own words? Do our man-servant and maid-servant rest thereon? And the stranger that is within our gates? Is no business, but what is really necessary, done within our house? You know in your own conscience, and God knoweth, that the very reverse of this is true.
But setting aside these things which are done as it were by stealth, whether by mean or honourable men; how many are they, in every city, as well as in this, who prophane the sabbath with a high hand? How many in this, that openly defy both God and the king, that break the laws both divine and human, by working at their trade, delivering their goods, receiving their pay, or following their ordinary business, in one branch or other, and wiping their mouths and saying, “I do no evil?” How many buy and sell on the day of the Lord, even in the open streets of this city? How many open or (with some modesty) half open their shops? ♦Even when they have not the pretence of perishable goods; without any pretence at all, money is their god, and gain their godliness.——But what are all these droves in the skirts of the town, that well nigh cover the face of the earth? Till they drop one after another into the numerous receptacles prepared for them in every corner. What are these to gain by prophaning the day of the Lord? Nothing at all. They drink in iniquity like water. Nay many of them pay for their sin; perhaps great part of what should sustain their family the ensuing week. I know not what is finding our own pleasure, or doing our own ways, if this is not. What then shall we plead in your excuse? That “many others do it as well as you?” Nay, number is so far from extenuating your fault, that it aggravates it above measure. For this is open war against God. And a whole army of you joins together, and with one consent, in the face of the sun, runs upon the thick bosses of his buckler.
16. It is once mentioned in the prophets, In thee (Jerusalem) they have set light by father and mother. But frequent mention is made of their setting light by their civil parents, of their murmurings and rebellions against their governors. Yet surely our boasting against them is excluded, even in this respect. For do not all our histories witness such a series of mutinies, seditions, factions and rebellions, as are scarce to be paralleled in any other kingdom, since the world began? And has not the wild, turbulent, ungovernable spirit of our countrymen, been continually acknowledged and lamented, (as abundance of their writings testify to this day) by the cool, rational part of the nation? Terrible effects whereof have been seen and felt, more or less, in every generation.
But did this spirit exist only in times past? Blessed be God, it is now restrained, it does not break out; but the traces thereof are still easy to be found. For whence springs this continual speaking evil of dignities? Of all who are at the helm of public affairs? Whence this speaking evil of the ruler of our people, so common among all orders of men. I do not include those whose province it is to inspect all the public administrations. But is not almost every private gentleman in the land, every clergyman, every tradesman; yea every man and woman that has a tongue, a politician, a settler of the state? Is not every carman and porter abundantly more knowing than the king, lords and commons together? Able to tell you all their foibles, to point out their faults and mistakes, and how they ought to proceed, if they will save the nation? Now all this has a natural, undeniable tendency to mutiny and rebellion. O what need have we above any nation upon earth, of his continual care and protection, who alone is able to rule the raging of the sea, and still the madness of the people!
17. But to proceed. Were there drunkards in Ephraim, mighty to drink wine, men of strength to mingle strong drink? And are there not in England? Are they not the growth of every county, city and town therein? ♦These do not indeed, or not often rise up early, that they may follow strong drink; and so continue till night, till wine inflame them. They have found a readier way! namely, to begin at night, and continue following their wine or strong drink till the morning. And what numbers are there of these throughout the land? Lost to reason and humanity, as well as to religion: so that no wonder they regard not the works of the Lord, neither consider the operation of his hands.
* Nor indeed have our drunkards need to continue from morning to night, until wine inflame them: seeing they have found a far more compendious method of casting aside all sense and reason, and disincumbering themselves of all remains, either of conscience or understanding. So that whatever work of darkness is speedily to be done, and that without any danger of being interrupted, either by fear, compassion or remorse, they may be in a few moments, by one draught as effectually qualified for it, as if they could swallow a legion of devils. Or, (if that be all their concern) they may, at a moderate expence, destroy their own body as well as soul, and plunge through this liquid fire, into that prepared for the devil and his angels.
* Friend! Stop! You have the form of a man still. And perhaps some remains of understanding. O may the merciful God lay hold of that! Unto him all things are possible. Think a little for once. What is it you are doing? Why should you destroy yourself? I could not use the worst enemy I have in the world, as you use yourself. Why should you murder yourself inch by inch? Why should you burn yourself alive? O spare your own body at least, if you have no pity for your soul! But have you a soul then? Do you really believe it? What, a soul that must live forever! O spare thy soul! Do not destroy thy own soul with an ♦everlasting destruction! It was made for God. Do not give it into the hands of that old murderer of men! Thou canst not stupify it long. When it leaves the body it will awake and sleep no more. Yet a little while, and it launches out into the great deep, to live, and think, and feel for ever. And what will chear thy spirit there, if thou hast not a drop of water to cool thy tongue? But the die is not yet cast. Now cry to God, and iniquity shall not be thy ruin.
18. Of old time there were also those that were at ease in Zion, that lay upon beds of ivory, and stretched themselves upon their couches, that ♦ate the lambs out of the flock, and calves out of the stall. But how inelegant were these ancient epicures! Lambs out of the flock, and calves out of the stall! Were these the best dainties they could procure? How have we improved, since Jeroboam’s time? Who can number the varieties of our tables; or the arts we have “To enlarge the pleasure of tasting?” And what are their couches, or beds of ivory, to the furniture of our apartments? Or their chains and bracelets, and mantles and changeable suits of apparel, to the ornaments of our persons? What comparison is there between their diversions and ours? Look at Solomon in all his glory; and yet may we not question, whether he was not an utter stranger to the pleasures of the chase? And notwithstanding his 40,000 horses, did he ever see a race in his life? He made gardens and orchards, and pools of water; he planted vineyards and built houses. But had he one theatre among them all? No. * This is the glory of later times. Or had he any conception of a ball, an assembly, a masquerade, or a ridotto? And who imagines that all his instruments of musick put together, were any more to be compared to ours, than his or his father’s rumbling Hebrew verses,
“To the soft sing song of Italian lays.”
In all these points our pre-eminence over the Jews, is much every way.
* Yea, and over our own ancestors, as well as theirs. But is this our glory, or our shame? Were Edward the third, or Henry the fifth to come among us now, what would they think of the change in their people? Would they applaud the elegant variety at the old Baron’s table? Or the costly delicacy of his furniture and apparel? Would they listen to these instruments of musick? Or find pleasure in those diversions? Would they rejoice to see the nobles and gentry of the land, lying at ease, stretching themselves on beds of down? Too delicate to use their own limbs, even in the streets of the city; to bear the touch of the people, the blowing of the wind, or the shining of the sun! O how would their hearts burn within them! What indignation, sorrow, shame must they feel, to see the ancient hardiness lost, the British temperance, patience and scorn of superfluities, the rough, indefatigable industry, exchanged for softness, idleness and fulness of bread! Well for them, that they were gathered unto their fathers, before this exchange was made!
19. To prove at large, that the luxury and sensuality, the sloth and indolence, the softness and idleness, the effeminacy and false delicacy of our nation are without a parallel, would be but lost labour. I fear, we may say, the lewdness too; for if the Jews, as the prophet speaks, assembled themselves by troops in the harlots houses, so do the English, and much more abundantly. Indeed, where is male chastity to be found? Among the nobility? Among the gentry? Among the tradesmen? Or among the common people of England? How few lay any claim to it at all? How few desire so much as the reputation of it? Would you yourself account it an honour or a reproach, to be ranked among those of whom it is said, These are they which are not defiled with women: for they are virgins? And how numerous are they now, even among such as are accounted men of honour and probity, who are fed as horses, every one neighing after his neighbour’s wife?
But as if this were not enough, is not the sin of Sodom too, more common among us than ever it was in Jerusalem? Are not our streets beset with those monsters of uncleanness, who burn in their lust one toward another, whom God hath given up to a reprobate mind, to do those things which are not convenient? O Lord, thy compassions fail not: therefore we are not consumed.
20. Neither do we yield to them in injustice any more than uncleanness. How frequent are open robberies among us? Is not the act of violence even in our streets? And what laws are sufficient to prevent it? Does not theft of various kinds abound in all parts of the land, even tho’ death be the punishment of it? And are there not among us, who take usury and increase, who greedily gain of their neighbour by extortion? Yea, whole trades which subsist by such extortion, as was not named either among the Jews or Heathens? Is there not yet the scant measure, the wicked balances, and the bag of deceitful weights? Beside the thousand nameless ways of over-reaching and defrauding, the craft and mystery of every trade and profession. It were an endless task to descend to particulars, to point out in every circumstance, how not only sharpers and gamesters, (those public nusances, those scandals to the English nation) but high and low, rich and poor, men of character and men of none, in every station of public or private life, have corrupted themselves, and generally applaud themselves and count it policy and wisdom so to do: so that if gain be at hand, they care not, though justice stand afar off: so that he which departeth from evil, which cometh not into their secret, still maketh himself a prey; and the wicked still devoureth the man that is more righteous than he.
And what redress? Suppose a great man to oppress the needy? Suppose the rich grinds the face of the poor: what remedy against such oppression can he find in this Christian country? If the one is rich and the other poor, doth not justice stand afar off? And is not the poor under the utmost improbability, (if not impossibility) of obtaining it? Perhaps the hazard is greater among us, than either among Jews, Turks, or Heathens.
For example. Suppose a great man, with or without form of law, does wrong to his poor neighbour. What will he do? Sue his lordship at common law? Have the cause tried at the next sessions or assizes? Alas! Your own neighbours, those who know the whole case, will tell you, “You are out of your senses.” “But twelve good men and true will do me justice.” Very well: but where will you find them: men unbiassed, incapable of corruption, superior both to fear and favour, to every view whether of gain or loss? But this is not all; they must not only be good and true, but wise and understanding men. Else how easy is it for a skilful pleader to throw a mist before their eyes? Even supposing too the judge to be quite impartial, and proof against all corruption. And should all these circumstances concur, (of which I fear there are not many precedents) supposing a verdict is given in your favour, still you have gained nothing. The suit is removed into a higher court, and you have all your work to begin again. Here you have to struggle with all the same difficulties as before, and perhaps, many new ones too. However, if you have money enough, you may succeed: but if that fails, your cause is gone. Without money, you can have no more law; poverty alone utterly shuts out justice.
But, “cannot an honest attorney procure me justice?” An honest attorney! Where will you find one? Of those who are called exceeding honest attornies, who is there that makes any scruple.
1. To promote and encourage needless suits, if not unjust ones too?
2. To defend a bad cause, knowing it so to be:
By making a demur, and then withdrawing it:
By pleading some false plea, to the plaintiff’s declaration:
By putting in an evasive answer to his bill:
By protracting the suit, if possible, till the plaintiff is ruined:
3. To carry a cause not amounting to ten shillings into Westminster-hall, by laying it in his declaration as above forty:
4. To delay his own client’s suit knowingly and wilfully, in order to gain more thereby:
5. To draw himself the pleadings or conveyances of his client, instead of giving them to be drawn by able council:
6. To charge his client with the fees which should have been given to such council, although they were not given:
7. To charge for drawing fair copies, where none were drawn:
8. To charge fees for expedition given to clerks, when not one farthing has been given them;
9. To send his clerk a journey (longer or shorter) to do business with or for different persons; and to charge the horse-hire and expence of that journey to every person severally:
10. To send his clerk to Westminster, on the business of ten (it may be) or twenty persons, and to charge each of these twenty for his attendance, as if he had been sent on account of one only:
11. To charge his own attendance in like manner: and
12. To fill up his bill with attendances, fees, and term-fees, though his client is no whit ♦forwarder in his cause.
This is he that is called an honest attorney! How much honester is a pick-pocket?
But there is a magistrate whose peculiar office it is, to redress the injured and oppressed. Go then and make trial of this remedy; Go, and tell your case to the Lord Chancellor. Hold; you must go on regularly: you must tell him your case, in form of law, or not ♦at all. You must therefore file a bill in chancery, and retain a lawyer belonging to that court. “But ♠you have already spent all you have; you have no money.” Then I fear you will have no justice. You stumble at the threshold. If you have either lost or spent all, your cause is naught: it will not even come to a hearing. So, if the oppressor has secured all that you had, he is as safe as if you was under the earth.
* 21. Now what an amazing thing is this! The very greatness of the villainy makes it beyond redress!——But suppose he that is opprest, has some substance left, and can go through all the courts of justice, what parallel can we find among Jews, Turks, or Heathens, for either the delays or the expence attending it? With regard to the former, how monstrous is it, that in a suit relating to that inheritance, which is to furnish you and your family with food and raiment, you must wait month after month, perhaps year after year, before it is determined, whether it be yours or not? And what are you to eat, or to wear in the mean time? Of that the court takes no cognizance! Is not this very delay, (suppose there were no other grievance attending the English course of law) wrong beyond all expression? Contrary to all sense, reason, justice and equity? A capital cause is tried in one day, and finally decided at once. And, is the life less than meat? Or the body of less concern than raiment? What a shameless mockery of justice then, is this putting off pecuniary causes from term to term, yea, from year to year.
* With regard to the latter. A man has wronged me of a hundred pounds. I appeal to a judge for the recovery of it. How astonishing is it, that this judge himself cannot give me what is my right, and what evidently appears so to be, unless I first give, perhaps one half of the sum, to men I never saw before in my life!
22. I have hitherto supposed, that all causes when they are decided, are decided according to justice and equity. But is it so? Ye learned in the law, is no unjust sentence given in your courts? Have not the same causes been decided quite opposite ways? One way, this term, just the contrary, the next? Perhaps one way in the morning (this I remember an instance of) and another way in the afternoon. How is this? Is there no justice left on earth? No regard for right or wrong? Or have causes been puzzled so long, that you know not now, what is either wrong or right? What is agreeable to law, or contrary to it? I have heard some of you frankly declare, that it is in many cases next impossible to know, what is law, and what is not. So are your folio’s of law multiplied upon you, that no human brain is able to contain them: no; nor any consistent scheme, or abstract of them all.
But is it really owing to ignorance of the law, (this is the most favourable supposition) that so few of you scruple taking fees on either side, of almost any cause that can be conceived? And that you generally plead in the manner you do on any side of any cause? Rambling to and fro, in a way so abhorrent from common sense, and so utterly foreign to the question? I have been amazed at hearing the pleadings of some eminent council: and when it has fallen out that the pleader on the other side understood only the common rules of logic, he has made those eminent men appear, either such egregious knaves, if they could help it, or such egregious blockheads, if they could not, that one would have believed they would shew their face there no more.——Mean time, if there be a God that judgeth righteously, what horrid insults upon him are these! Shall I not visit for these things, saith the Lord? Shall not my soul be avenged of such a nation as this!
23. There is one instance more of (I know not what to term it) injustice, oppression, sacrilege, which hath long cried aloud in the ears of God. For among men, who doth hear? I mean the management of many of those who are intrusted with our public charities. By the pious munificence of our fore-fathers, we have abundance of these, of various kinds. But is it not glaringly true, (to touch only on a few generals) that the managers of many of them, either 1. Do not apply the benefaction to that use for which it was designed by the benefactor, or 2. Do not apply it with such care and frugality, as in such a case are indispensably required: or 3. Do not apply the whole of the benefaction to any charitable use at all; but ♦secrete part thereof, from time to time, for the use of themselves and their families. Or, lastly, by plain, bare-faced oppression, exclude those from having any part in such benefaction, who dare (though with all possible tenderness and respect) set before them the things that they have done:
“Yet Brutus is an honourable man:
So are they all: all honourable men!”
And some of them, had in esteem for religion; accounted patterns both of honesty and piety! But God seeth not as man seeth. He shall repay them to their face. Perhaps, even in the present world. For that scripture is often still fulfilled, This is the curse that goeth forth over the face of the whole earth. I will bring it forth, saith the Lord of hosts, and it shall enter into the house of the thief, (such he is and no better, in the eyes of God, no whit honester than a highwayman) and it shall remain in the midst of the house, and shalt consume it, with the timber thereof, and the stones thereof.