Charles Long, in which the defence, plea, general error, error afresh, &c. is all fiction, tending only to prolong the time of payment on the part of the defendant; and obliging the plaintiff to answer the defendant to matters which do not concern the action, or else have his property taken for default. A certain attorney was lately boasting that he had already put a plaintiff, who was against his client, to seventy pounds expence; and that as he should move the cause into chancery, he doubted not making it three hundred pounds expence to him.-It seems it was a juft debt of fifteen pounds. I think every reasonable perfon will allow, that the court of Common Pleas, wherein we will fuppofe an action of debt shall originate, is quite fufficient to determine the cause: the moving therefore of actions of debt from one court to another, is an evil calculated only to promote litigation for the fake of gain to the courts. A debtor in the King's Bench prison was advised by his attorney to move himself by a habeas corpus, on a friendly action, to the Fleet prifon; which being done, it seems the plaintiff could not charge him in execution, without the expence of a habeas to take him out of the Fleet and

bring him before the court, which his attorney would charge him twelve guineas for; and in this cafe, the plaintiff being a poor man, and not being able to pay, the fuit was nonprofsed; the defendant got out of the Fleet, and the plaintiff was fent to prison for the defendant's cofts.-Thus the fhops of justice promote each others trade.

I must now take notice of the habeas corpus act, fettled in the reign of Charles II. but was known long before, only on account of the difficulty of procuring it, it was found neceffary to inflict penalties on any officer refufing it: it is therefore 500l. penalty for default in a judge; and for an officer, 100l. for the first offence, and fevere penalties, for the fecond, as a court fhall order. The meaning and intent of the habeas corpus act is, that no perfon fhall be illegally confined; for before the paffing this act, wicked judges, or ignorant magiftrates, imprisoned men at their pleasure; and the infamous court of Star Chamber, in the reign of Charles I. broke through the laws of the land; and executed, fined, and imprisoned men at the com mand of the court: the habeas corpus was denied by the judges, and the nation had no other remedy from the most tyrannical proceedings, but to arm themselves,.

themselves against an unconstitutional standing army. When Charles II. afcended the throne, the conftitution was put upon a better footing than it had been for a long time;. but was far from being restored to its original purity. The habeas corpus act, however, was deemed a great fecurity to perfonal liberty; for it will remove a man before a judge or court of justice, although committed by the king in council: the habeas ab fubjiciendum fays, it discharges all but criminals; yet a debtor in confinement went with this habeas before a judge, and demanded his liberty, or be proved a criminal : the judge pleaded ignorance of the law in this respect, and recommended him to have it returnable before the court of King's Bench. The court smiled at the man's coming there for juftice, and ordered him to prison, without giving him an answer. It is true, the debtor had a little spirit, and with some others broke out of the King's Bench prison; but an act of infolvency coming immediately after, the spirit of liberty that then began to rouze itself, soon subfided. Our ancestors used to make complete work of what they took in hand; but now, it seems, a man will patiently fee his near neighbour ruined,

till

till it comes to his own turn to fuffer.

But

now let us confider the ufe and intent of this valuable fecurity to the perfonal liberty of the fubject; it is to give a remedy to any person illegally confined; no matter how, or in what manner. But now mark the abuse of it; as it is given for a remedy where a man is in confinement, it ought to be given without any expence; for justice in England ought not to be bought; inftead of which, the lowest price they will fell you a habeas, is four guineas and that debtors' may be frightened to become cuftomers, they have contrived to put chains over the debtors door of Newgate, that paffengers may be terrified at the horrid profpect; the confequence of which is this, that however a man may have been diftreffed, by taking him from his business to a lock-up houfe; he will at all events, if he poffibly can, raife the money to buy a habeas. But it is a great fault in habeas mongers to tell a poor man, if he will raise two guineas, he shall have a habeas to move him to the Bench; when they know, at the fame time, there is no going through the turnpike without paying toll. A poor man had a habeas lodged for him, and when

he

he went to judge's chambers, had not money to pay conduct for the sheriff's officer, judge's fee, or tipstaff conduct-money. The poor man's wife was fimple enough to fuppofe, because fhe had twelve children, the judge would pass the habeas, and give her credit: the judge's clerk smiled at her fimplicity, and told her if the king himself came there with a habeas, without the fee, he would be fent to Newgate. The poor wife, who thought if her husband was fent to Newgate, he would be hanged-pawned her cloak, gown, and upper-petticoat to raise the money, that an upright judge might not condemn an honest man, because he could not pay fees.

We must now take a little notice of the manner in which business is conducted at this turnpike of justice, which our witty judges call their pill-fhops. It is ufual for all attornies, who are polite, to write a commitment warrant on the back of the habeas, and fold it in fuch a manner, that there shall be no occafion for a judge to trouble himself to open it; for formerly, when justice was administered without fee or reward, it was usual, according to the law of the land, for a judge to read the habeas him

felf;