bond for his appearance at the return of the writ (when, perhaps, the matter in question is many thousand pounds value) and the plaintiff must sue this bond at law; and, when the forty pounds penalty is recovered, the plaintiff must take out another attachment for his answer, and so again, toties quoties; whereas the interest of the matter in question will pay that penalty, and costs of trial, ten times over; and yet the sheriff is obliged to accept of forty pounds bail, and is, thereupon, discharged from bringing in his prisoner; and the court will not grant a messenger to bring the defendant into the court, unless the attachment be made in London or Middlesex, or where the amerciaments of sheriffs are granted to a subject, as few are; all which inconveniences will be remedied by a sequestration, if the defendant hath any estate, real or personal, to sequester; and, if he has not, the prosecutor may take the usual process against his body, notwithstanding this clause.

XII. As to a clause for taking the bill in equity, pro confesso, for not appearing and answering in six months after the sequestration issues.

The present practice is, that, although the defendant is duly served with a subpoena to appear, yet, if he does not enter his appearance, the court cannot decree the bill to be taken pro confesso, whereby it is in the defendant's power to 'elude justice, and baffle the plaintiff at pleasure, and is often of dangerous consequence; as where there are co-partners, co-executors, or trustees, and great sums received or wasted by them, one of them is kept out of the way and will not appear, therefore the plaintiff cannot go to hearing, nor have any decree against the rest; so the whole demand is often spent, or lost by insolvency, or by death, and representatives know nothing of the management, or pretend the person, who would not appear, if dead, had all the estate, in demand, in his hands. This clause also establishes a better method against corporations than any yet known.

XIII. As to the delivery of a copy of the bill to prisoners.

It is upon the same reason as delivery of declarations at law, whereon, at the expiration of a rule, the plaintiff signs judgment, and is so established by act of parliament lately made: but the present practice in equity is, that the prisoner must be brought up to town by Habeas Corpus, and into court; and, if he will not answer, he is brought up thrice before the court by so many several writs of Habeas Corpus, viz. The first Habeas Corpus, an Alias, et plures Habeas Corpus, at fifteen or twenty pounds expence to the plaintiff; and, if he will not answer on the third writ, the court decrees the bill pro confesso. But, if he puts in either answer, plea, or demurrer, on the third writ, although never so insufficient or trifling, the plaintiff is then to begin again de novo, as if no such delay or expence had been, and so run the gauntlope through the whole course of delays in arguing the plea or demurrer, and in master's reports and arguings and re-arguings of exceptions to insuf

ficient answers and reports as aforesaid, before he can join issue for hearing.

XIV. That every person to be sworn an attorney, or admitted a sollicitor, should serve five years; and none but such be allowed to practise.

It is certainly most reasonable and necessary that they should be well instructed and qualified who are to be attornies and sollicitors, whose office and business requires so much skill and judgment, that, upon their good or bad conduct, the whole fortunes of men very often depend; and this will also prevent the frauds, as well as the great mischiefs, which are occasioned by those who practise in other persons names, and have had no other instruction than what the experience of their own misfortunes has furnished them with, who, being become bankrupts in trade, do then frequently set up for skilful practitioners in the law, and the notorious mischiefs, that are daily occasioned by them in practice, are become so intolerable, that they may justly be reckoned among the greatest grievances of the nation.

XV. That no attornies or sollicitors should have more than two clerks at one time.

This will prevent the too great increase of the number of attornies and sollicitors, which, without doubt, very often occasions great delays and expences; for, when the professors grow very numerous, business must necessarily be divided into a great many hands, so that a great many persons will have but a small share of business, and very often not so much as will maintain them; and they, having nothing else to depend on for subsistence, must necessarily be exposed to the temptation of doing little and poor actions, and the creating and promoting of business, in order to get their livelihood by it, or, at least, they will be tempted, under such circumstances, to keep business in their hands as long as they can; the consequence whereof is not only a delay, but a great charge to the subject, which, it is hoped, this clause will, in some measure, redress.

These lines, being designed to shew the reason of some of the delays and expences in suits in law and equity, have therefore been confined to the particulars before-mentioned: and, though it is too true, that there are many other dilatory, useless, and expensive proceedings, which have almost repealed Magna Charta, as to the clause thereof, which says, Nulli vendemus, nulli negabimus aut differemus Justitiam vel Rectum: Yet it is hoped the example of a bill now proposed, if made a law, would influence the courts themselves to regulate several more of the abuses, or give foundation, to a further regulation by the legislature; but, till the parliament has begun, till some good law is made to redress the present extravagant charges in suits, little or nothing is to be expected from the inferior courts, which have hitherto done nothing, or very little, for a reformation, notwithstanding the many attempts in

parliament on this subject, and the many instances of families, ruined by those expences and delays. The reason of all is this, that the officers, who get by these proceedings, buy their places; and, no doubt, but that the bill now depending will be opposed by them, and, if by this buying, the unnecessary charges, in the methods of proceedings, are become so much the property of the officers, as not to be abrogated or altered, without their consent, then, indeed, all attempts of this nature are vain; but the courts having in some instances altered the manner of proceeding, and several acts of parliament having done the like, and many of these purchases being contrary to an express act of parliament; it is humbly hoped, that it will be well remarked, who they are that oppose this bill, and that no opposition, arising from principles of profit, and not of reason, of private, not publick good, will prevail, so as to continue the nation under these delays, and unnecessary expences of suits, which even render right and property precarious, and make wise men compound, rather than contend for them.

Besides, these officers ought, in common civility, quietly to part with the profits arising by these dilatory and useless proceedings, since they have gained many fees and perquisites created by several acts of parliament, and rules of their respective courts. Thus the chancery gained by the laws, concerning bankrupts, and the courts of law, by the Habeas Corpus, and Escape Acts; by writs of error into the exchequer-chamber; by common recoveries, by entering and dog-getting judgments, and by the new method of proceedings on ejectments, and in many other instances.

The late act, for the amendment of the law, expresly takes away the Dedimus bill from courts of equity, as being useless, though belonging to such who had purchased their places; and that act also, in consequence, took away above one half of the fees of the clerks of the papers of the Queen's Bench, in requiring an oath to the truth of all dilatory pleas; and yet neither the clerks of the Exchequer, for the loss of their Dedimus bill, nor the clerks of the papers, for the loss of their fees, had any recompence, and the recompence to the clerks in Chancery was out of ancient fees of the six-clerks, who insisted on a right by purchase; so that the reason of this, as well as many other acts of parliament, made for preventing vexatious and dilatory proceedings, will hold the same in the clauses above.

The delays and unnecessary expences, in suits, having been universally agreed to be so exorbitant, as to want redress: and, as the case now stands, the practisers being accused for the officers faults, this occasioned the offering of these reasons for the bill now depending, whereby it will appear, no other interest has been consulted, than that of the publick; for, as the philizers and cursitors lose their writs, so the attorney loses much more than both, viz. his fee of three shillings and four pence, for suing out each writ. This act likewise subjects all sollicitors in Chancery, to be admitted as such, which no law or custom now in being obliges them to, and compels all persons who practise as attornies, to be entered and sworn; which will bring in several thousands to be sworn, and each attorney or sollicitor being to pay four pounds to

the stamp duty: that will abundantly recompense the publick, for any small loss that may happen to that part of the revenue, by the making of such a law, as is now desired.

A TRIP TO DUNKIRK:

OR,

A HUE-AND-CRY AFTER THE PRETENDED PRINCE OF

WALES.

Being a Panegyrick on the DESCENT.

Said to be written by Dr. Swift.

Printed, and sold by the Booksellers of London and Westminster. MDCCVIII.

HY, hark ye me, Sirs,-if this rumour holds true,

WHY,

W'are like here, Egad, to have somewhat to do:
The French, as they say (he'll believe it that sees it)
Are coming, gadsookers, to pay us a visit;
With such a vast fleet-(L-d have mercy upon's,
And keep us from popery, swords, and great guns)
That, as I'm alive, tho' I n'er was afraid yet,
It almost had frighten'd me-first when I heard it.
Nay, more than all this, it is certainly said

There's a little Welch monarch to come at their head;
And he (shame the Devil, and let us speak the truth)
You know, in your hearts, is a very smart youth,

And doubtless will prove, when he's pleas'd to bestir him,
As valiant as e'er was his father before him,
Who, bent on some great expedition in view,
Now glitters in arms with an equipage too,
Which, positively, you may swear is all new.
For, as I have heard (if some people speak right)
He ne'er march'd before,-unless 'twere to sh-te;
But now at the head of ten thousand brave fellows,
(That is, as accounts thence are pleas'd for to tell us)
He's going on some strange advantage or other,
(Perhaps 'tis to seek out his father or mother)
In Ireland, or Scotland, or some land or another;

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I can't tell you where, but to some place no doubt,
Which you'll hear time enough, if he e'er does set out,
With an army of French, popish bridles and knives,
To cut all our throats, and to ride all our wives.
Then stand to your arms, all good people, I'd wish ye,
You loyal train'd bands, and the valiant militia,
Brush up your buff doublets, and Scotch basket-hilt,
(By which, to your honour, no blood was e'er spilt
The nation will now your assistance want sore,
Which, as I remember, they ne'er had before,
Nor will

I hope in kind heav'n, e'er want any more.
Altho', for your zeal, it is not to be question'd,
You've always been ready, when aught has occasion'd:
At ev'ry rejoicing you've made a fine show,
(And that is one part of a soldier we know)
Been drunk, and done all that became you to do.
And as for your valour we cannot deny it,

'Tis known you can fright-tho' you'd rather be quiet.
Nor has the French threats, or their menaces scar'd us,
Because we knew well we'd such a hero to guard us.
Then, since the're so hot on't, 'gad e'en let 'em come,
I'll warrant they'll be maul'd-tho' I don't say by whom.
We've rods here in piss that will firk off their tails,
For all their brave alls-and their monarch of Wales.
Adsheart the young hero had best take a care,
That he ben't in conclusion drawn into a snare:
For, as it is said, his old godsire intends

Or at least wou'd be glad, as the matter now stands)
To get shut of him handsomely off of his hands;
And therefore e'en tells him in words very plain,
That he hopes (which is true) ne'er to see him again.
So, e'en sink or swim, fleet, forces, and all,
He'll venture this cast, tho' it cost him a fall.
To Ireland some think this Welch hero is bound,
Tho'
pox that's a jest, one may venture five pound:
For there's an old debt still on Lewis's score,

He was bit in assisting his father before,

And therefore he'll hardly come there any more.

No, Scotland's the place, they say, he's design'd to,

Where 'tis thought-

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H'as a great many friends-which, perhaps, he'll scarce find so;
But let him take care what may follow hereafter,

If he trusts to the Scots, he may chance catch a Tartar:
And, if he shou'd fall in our clutches you know,
He'd be damnably mump'd, I can tell him but so;
Were I in his case, I'd not trust my own brother;
They sold us one K-, shou'd they sell us another;
For our Jacks here at home-as brave fellows as may be,
They prick up their ears at the news on't already;