Reformation in courts, and cases testamentary.
Parker, Henry, 1604-1652.
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Reformation in courts, and cases testamentary.
Parker, Henry, 1604-1652.
11, [1] p.
s.n.,
[London :
1650]
Attributed to Henry Parker.
Caption title.
Imprint by Wing.
Annotations on Thomason copy: p.1: "Nouemb: 14. 1650"; p.11: "Written by Henry Parker. Esqr. 15. Novemb. 1650".
Reproduction of the original in the British Library.
eng
Justice, Administration of -- England -- Early works to 1800.
Law reform -- England -- Early works to 1800.
Jury -- England -- Early works to 1800.
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REFORMATION
IN
COURTS
,
and
Cases
Testamentary
.
BEfore
the
late
abolition
of
Episcopacie
this
Nation
suffered
under
too
many
Testamentary
Jurisdictions
:
some
Counties
had
no
lesse
then
50.
or
60.
Peculiars
:
and
in
some
Counties
divers
Lords
of
Manors
,
and
Corporations
had
a
priviledge
to
prove
Wils
,
and
speed
businesse
of
that
nature
upon
a
Lay
account
.
The
People
found
themselves
divers
wayes
aggrieved
by
this
multiplicitie
of
Jurisdictions
:
and
therfore
to
give
some
ease
,
and
redresse
therein
,
the
Metropolitans
Prerogative
Courts
were
erected
about
400.
yeers
ago
.
In
the
yeer
1643.
Dr
:
Merick
,
Judge
of
the
Prerogative
Court
of
Canterbury
,
removed
his
office
to
Oxford
:
and
then
there
was
a
Committee
appointed
to
consider
of
a
new
settlement
of
that
Court
,
but
nothing
was
reported
thereupon
.
In
the
yeer
1644.
Mr:
Maynard
brought
in
an
Ordinance
for
making
Sir
N
:
Brent
Judge
in
Dr
:
Merricks
place
:
and
the
same
was
passed
with
some
other
materiall
alterations
in
the
Prerogative
Court
.
In
the
yeer
1646.
All
Episcopall
Jurisdiction
was
taken
away
:
since
which
there
is
no
true
power
remaining
anywhere
to
dispatch
Testamentary
businesse
upon
the
Ecclesiasticall
score
,
except
that
of
Sir
Na
:
Brents
.
Sir
Na
:
Brents
Jurisdiction
has
two
defects
,
and
so
is
as
yet
insufficient
to
do
right
to
the
whole
Nation
:
it
wants
extesinon
of
bounds
:
and
a
competent
Power
of
coertion
.
For
want
of
Extension
it
cannot
proceed
duly
within
the
Province
of
York
,
nor
within
the
ancient
Province
of
Canterbury
:
but
onely
in
some
speciall
Causes
.
Hereupon
occasion
has
been
taken
by
divers
private
man
without
,
and
against
Authority
of
Parliament
,
not
onely
where
the
Prerogative
has
no
cognizance
,
but
also
where
it
has
to
exercise
Testamentary
Jurisdiction
:
and
so
by
these
misproceedings
the
deceived
people
is
put
to
much
unnecessarie
charge
,
in
as
much
as
they
are
necessitated
to
take
out
Administrations
the
second
time
,
and
be
at
the
expence
of
new
Probates
as
often
as
any
Suit
arises
.
For
want
also
of
a
sufficient
Coercive
Power
(
for
a
Court
without
a
Coersive
Power
is
no
Court
)
the
present
Judge
cannot
force
men
to
bring
in
true
Inventories
,
or
submit
to
order
in
other
points
:
whereupon
a
vast
licence
is
taken
by
many
to
defraud
Creditors
,
Legatees
,
and
other
Interessents
:
yea
the
State
it self
is
often
injured
hereby
,
aswell
as
multitudes
of
private
men
.
There
is
now
living
at
Guilford
an
Executor
which
refuses
to
bring
in
an
Inventory
:
yet
the
Testator
died
under
sequestration
,
owed
good
summes
upon
Bond
to
the
Parliament
:
and
besides
the
main
bulk
of
his
estate
,
He
gave
away
in
his
Will
above
900
l.
in
pety
Legacies
.
In
Order
to
a
Reformation
of
these
things
,
a
Committee
of
Parliament
was
chosen
in
April
1646.
which
after
3.
yeers
sitting
made
Report
in
May
:
1649.
The
matter
of
that
Report
was
referred
to
a
new
Committee
to
be
formed
into
a
Bill
,
and
in
July
following
for
the
better
maturing
of
that
business
,
other
Members
were
added
to
that
Committee
,
and
a
speciall
care
thereof
was
recommended
to
Sir
Pe
:
Wentworth
,
and
Mr:
Miles
Corbet
.
Since
that
time
a
Bill
has
been
prepared
,
and
twice
read
in
the
House
,
but
notwithstanding
so
much
time
is
elapsed
,
it
still
hangs
under
a
recommitment
,
and
fails
of
giving
satisfaction
.
The
reason
why
the
reforming
of
these
things
(
though
the
State
it self
,
and
thousands
of
particular
men
remain
sufferers
in
the
mean
time
)
proves
so
dilatory
,
and
difficult
,
is
supposed
to
be
:
because
most
men
are
possessed
with
two
contrary
extreme
opinions
:
and
few
there
are
that
pitch
upon
the
middle
and
more
moderate
way
.
Some
men
are
wholly
for
the
Civilians
,
and
out
of
favour
to
them
,
they
would
have
no
lesse
then
20.
Courts
erected
,
wherein
none
but
of
that
profession
stould
sit
as
Judges
.
Some
men
are
as
opposite
to
Civilians
,
and
they
would
have
that
whole
profession
removed
,
and
quite
eradicated
,
aswell
such
as
have
been
faithfull
to
the
Parliament
during
these
late
troubles
,
as
such
as
have
been
Enemies
:
only
that
Testamentary
busines
might
be
thronged
,
and
obtruded
upon
the
other
Courts
at
Westminster
.
In
the
mean
while
there
is
a
third
opinion
,
that
mitigates
both
these
extremes
,
and
thereby
declines
the
inconveniences
occurring
on
both
hands
.
According
to
this
Third
Opinion
:
if
the
Court
(
now
cal'd
the
Prerogative
)
were
inabled
with
such
a
Coercive
power
,
as
other
Courts
of
Justice
have
:
if
it
had
a
Jurisdiction
in
all
Causes
Testamentary
whatsoever
,
throughout
the
whole
Land
:
if
it
were
likewise
animated
with
as
many
Judges
,
as
use
to
sit
in
other
Courts
(
which
the
Lord
Bacon
thought
necessary
many
yeers
ago
)
and
if
it
were
subordinated
to
another
higher
Court
,
of
as
many
Judges
,
in
all
matters
worthy
of
appeal
:
it
would
prove
an
excellent
settlement
:
and
without
any
further
dangerous
Innovations
(
we
take
in
all
other
restrictions
,
and
points
of
Reformation
prescribed
to
other
Courts
against
delayes
,
excessive
fees
,
and
arbitrary
proceedings
)
would
be
sufficiently
serviceable
to
those
publick
ends
,
we
all
aime
at
.
It
is
remarkable
also
that
the
Advantages
,
and
Conveniences
,
which
commend
to
us
this
middle
way
are
many
,
and
very
weighty
.
For
,
1.
Hereby
that
admirable
light
of
the
Civill
Law
,
approvedly
usefull
in
Monarchies
,
and
yet
by
some
held
more
usefull
in
Democracies
,
will
be
preserved
in
our
English
Horizon
,
and
saved
from
utter
extinction
.
There
is
scarce
a
State
in
Christendome
,
whose
highest
Councels
,
and
Judicatories
are
not
mainly
swaid
by
the
profound
Professors
of
Civill
Law
:
and
as
learned
Polititians
are
generally
the
ablest
servitors
to
all
States
;
so
no
other
study
,
or
breeding
has
more
eminently
accomplisht
Learned
Polititians
,
then
this
of
the
Civill
Law
.
Without
a
competent
practice
this
knowledge
will
be
lost
to
our
Natives
:
and
this
being
so
lost
,
we
shall
be
driven
,
though
to
our
shame
,
to
have
forreiners
in
p●nsion
.
Now
to
reject
the
service
of
Englishmen
,
when
we
are
to
treat
with
aliens
:
and
not
onely
to
trust
,
but
also
to
gratifie
with
our
English
gold
men
born
to
a
forrein
Interest
,
will
be
a
great
discouragement
to
our
own
Students
so
rejected
.
Besides
Testamentary
busines
is
common
to
us
with
other
Nations
,
it
never
had
hitherto
any
thing
peculiarly
municipall
in
it
,
the
formes
and
the
processes
,
and
proofs
of
the
Civill
Law
have
ever
hitherto
so
prevailed
,
that
Englishmen
might
confidently
as
to
Testamentary
Interests
demand
,
and
recover
their
rights
abroad
,
and
strangers
might
do
the
like
in
England
.
And
t
is
not
yet
easie
to
foresee
what
inconveniencies
may
ensue
if
in
this
infancy
of
our
Republick
we
presently
depart
too
far
from
ancient
legall
communities
and
correspondencies
with
other
neighbouring
Nations
.
2.
As
the
study
of
the
Civil
Law
will
be
preserved
,
by
the
number
of
Doctors
and
Advocates
,
that
will
be
supported
by
one
Admiralty
,
and
these
two
Testamentarie
Courts
:
so
the
Students
of
the
Civil
Law
will
be
hereby
the
better
reduced
.
Heretofore
,
when
there
were
so
many
Peculiars
,
and
Judicatories
in
England
,
the
very
number
of
them
was
oppressive
to
the
people
:
and
yet
there
is
not
left
now
the
tenth
part
of
busines
,
and
imployment
for
Civilians
,
as
was
then
.
All
the
cognizance
of
Decimal
cases
,
and
questions
about
Matrimony
,
Incontinence
,
Canonicall
obedience
,
and
granting
Licences
of
many
severall
sorts
is
taken
away
;
and
therfore
it
remains
,
that
we
must
lessen
our
Courts
,
as
we
have
lessned
the
busines
appertaining
to
our
Courts
,
or
else
our
Lawyers
themselves
will
feel
the
inconvenience
of
it
,
as
well
as
Clients
.
Countrey
practise
addes
little
to
the
skill
,
and
ability
of
our
Gownmen
,
wherfore
when
there
is
a
scarcity
of
Countrey
Practise
too
,
(
as
there
must
needs
be
,
if
no
fewer
then
20.
Courts
be
establisht
for
so
little
busines
,
as
is
now
remaining
)
the
very
number
of
Professors
will
become
a
burthen
to
the
Profession
,
rendring
them
,
as
indigent
,
as
it
does
illeterate
.
3.
This
due
reducement
of
Civilians
will
be
for
the
States
ease
,
as
wel
as
for
the
commodity
of
our
long-robed
Gentlemen
.
For
multiplicity
of
Jurisdictions
,
what
by
their
own
clashings
,
and
what
by
the
craft
of
their
Ministers
,
often
begets
multiplicity
of
needles
Suits
,
and
t
is
possible
that
more
publick
and
dangerous
differences
may
be
occasioned
by
their
disputed
limits
,
and
divisions
,
and
all
these
will
be
damageable
to
the
Common-wealth
.
If
we
calculate
what
the
necessarie
charge
will
be
of
maintaining
twenty
Courts
,
as
some
propose
in
favour
of
Civilians
:
or
what
will
maintaine
so
many
Clerks
,
and
Officers
,
as
there
are
Counties
in
England
,
according
to
the
proposal
of
the
other
side
,
we
shall
finde
,
it
will
amount
to
no
small
value
.
4.
This
just
apportionment
of
Civilians
to
the
latitude
of
their
busines
,
by
bringing
with
it
an
inlargement
of
benefit
,
and
subsistence
to
those
few
practisers
which
remaine
unreduced
,
will
inable
them
to
serve
the
State
more
beneficially
and
cheaply
then
their
predecessors
have
done
hitherto
.
T
is
manifest
that
the
same
practise
which
with
moderate
fees
will
creditably
and
amply
maintaine
twenty
practisers
,
will
not
maintain
fourty
,
though
they
be
permitted
to
exact
fees
more
immoderately
.
It
is
proposed
therefore
in
behalf
of
this
new
settlement
,
that
the
Judges
,
and
their
Dependents
above
,
without
any
demand
of
new
fees
,
shall
at
their
proper
cost
maintaine
,
and
depute
sufficient
Officers
belowe
in
the
chief
Towne
,
or
City
of
each
County
,
that
is
distant
above
60
,
or
70
,
miles
from
London
:
to
dispatch
all
such
Testamentary
busines
there
,
as
is
in
common
forme
,
and
may
be
dispatched
by
letters
:
and
so
save
the
greatest
number
of
suitors
their
travaile
to
London
.
It
is
also
undertaken
,
that
the
said
Deputies
shall
in
favour
of
the
poorer
sort
do
busines
gratis
,
and
neither
take
gratification
nor
reward
where
the
Inventory
exceeds
not
10
l.
and
in
all
other
dispatches
of
greater
value
it
shall
be
the
same
Deputies
part
to
transmit
all
things
up
to
London
that
deserve
registring
,
and
reserving
,
without
grating
upon
Clients
.
Likewise
,
the
same
Deputies
,
if
Authority
thinke
fit
,
which
thus
intend
Testamentary
busines
below
,
may
finde
leasure
,
and
opportunity
enough
to
keepe
authenticall
entires
,
and
records
of
all
other
contracts
,
and
solemne
acts
betwixt
party
,
and
party
,
which
deserve
to
be
treasured
up
for
publick
search
.
How
acceptable
therefore
such
a
settlement
would
be
to
the
people
,
when
it
should
speed
all
mens
busines
so
compendiously
,
and
the
poores
so
gratuitously
,
and
how
full
of
grace
it
would
appear
to
the
generality
,
need
not
be
further
demonstrated
.
5.
Hereby
the
excessive
incumbring
,
and
over-charging
of
our
Courts
at
Westminster
with
a
surplusage
of
Testamentary
busines
(
not
yet
foreseen
by
some
practisers
of
the
Common
Law
)
will
be
aptly
prevented
.
It
will
be
the
wisdome
of
the
Parliament
to
provide
,
that
we
have
neither
too
many
Courts
for
our
suits
,
nor
too
many
suits
for
our
Courts
:
both
being
attended
with
great
inconveniencies
,
but
the
second
with
far
greater
,
then
the
first
,
some
would
have
in
every
County
a
Court
,
and
reduce
us
to
the
old
manner
of
Jurisdiction
,
which
was
used
in
England
long
before
the
Norman
Conquest
,
when
this
was
a
cantoniz'd
Country
,
and
obeyed
severall
pety
Princes
:
and
this
is
pressed
as
very
counsellable
,
by
that
party
,
which
would
cantonize
us
the
second
time
:
but
t
is
to
be
fear'd
,
if
this
designe
prevaile
,
our
quarrels
,
and
controversies
will
abound
,
and
increase
upon
us
,
as
fast
as
our
Judicatories
do
.
That
fire
which
is
now
kept
up
in
one
hearth
at
Westminster
,
will
be
then
scatered
all
over
the
House
,
and
so
spread
its
flame
much
wider
then
before
.
Other
objections
lie
against
too
many
Courts
,
espescially
when
they
are
attended
with
more
illiterate
Judges
,
and
unexpert
Counsellors
:
but
the
intent
of
this
paper
is
to
shew
that
there
is
lesse
publick
prejudice
in
too
many
Courts
,
then
in
too
few
.
T
is
with
the
politick
,
as
with
the
natural
body
:
both
finde
obstructions
more
fatal
then
fluxes
,
and
both
receive
more
torture
from
a
defect
in
the
expulsive
faculty
,
then
from
a
defect
in
the
relentive
faculty
.
Too
much
vexation
from
many
Courts
may
be
compared
to
a
disentery
:
but
want
of
expedition
by
reason
of
too
few
Courts
is
like
the
nephriticall
malady
,
and
kils
us
with
pangs
inexpressible
.
The
Parliament
of
late
has
taken
away
half
our
Courts
almost
at
Westminster
:
and
thereby
doubtles
it
has
taken
away
from
amongst
us
many
of
our
suits
,
and
Law-questions
▪
but
it
is
as
far
out
of
doubt
withall
,
that
all
the
differences
that
were
formerly
decided
in
those
abolisht
Courts
,
are
not
abolisht
together
with
those
Courts
.
This
together
with
the
calamity
of
our
late
broiles
,
and
confusions
,
has
begotten
a
very
great
glut
of
busines
at
Westminster
Hall
:
and
this
glut
of
busines
has
most
undeservedly
begot
a
complaint
against
Westminster
Hal.
Every
man
sees
that
the
Chancery
at
present
grants
not
Clients
such
dispatch
as
is
expected
:
but
every
man
sees
not
the
true
cause
of
this
:
and
the
plain
truth
is
,
the
fault
is
not
in
the
Court
,
nor
in
the
Commissioners
,
nor
in
the
Pleaders
:
t
is
too
great
a
confluence
of
busines
that
chokes
up
,
and
obstructs
Chancery
proceedings
:
and
t
were
much
better
for
the
Common-Wealth
to
be
at
the
charge
of
two
Chanceries
for
too
little
busines
,
then
to
maintaine
one
that
's
over
burthened
with
too
many
Causes
.
Oh
that
the
Parliament
would
consider
what
want
of
a
due
hearing
,
and
redresse
is
in
Chancery
,
and
other
Courts
,
yea
and
within
its
own
walls
.
The
greatest
of
our
grievances
,
the
grievance
of
all
our
grievances
at
present
is
;
that
our
grievances
can
have
no
vent
,
and
that
our
complaints
know
no
place
,
where
they
may
effectually
disburthen
themselves
,
many
thousands
at
this
day
being
no where
remediable
but
in
Parliament
,
have
wofull
petitions
to
present
,
yet
can
obtaine
no
accesse
at
all
to
the
House
:
and
some
thousands
of
those
that
obtaine
accesse
,
either
waste
themselves
in
a
diuturnall
frustraneous
attendance
,
or
are
at
last
denied
their
requests
,
or
are
undone
for
want
of
a
timely
deniall
.
There
is
now
a
Prisoner
in
Warwick
Castle
,
whose
long
durance
has
sunk
him
into
the
deepest
of
all
worldly
afflictions
,
and
his
languishment
is
now
almost
desperate
,
because
though
He
has
alwayes
in
other
matters
deserved
well
of
the
Parliament
,
and
no
great
ill
in
this
(
as
He
hopes
to
prove
,
if
He
may
be
admitted
to
any
Triall
)
He
sees
the
House
which
can
hear
his
accusation
,
yet
cannot
find
leisure
to
hear
his
defence
,
nor
will
provide
for
Him
any
other
issue
out
of
this
miserable
condition
.
I
my self
in
a
Case
of
no
meer
,
private
concernment
have
attended
upon
Committees
for
dispatch
at
least
seven
yeers
:
and
though
that
attendance
has
much
broken
my
Fortunes
,
and
disappointed
me
of
divers
hopefull
preferments
,
and
given
me
cause
to
complain
against
my
undoers
:
yet
am
I
fain
to
strangle
my
griefes
in
private
,
lest
I
should
by
a
new
supplication
condemne
my self
again
to
the
torture
of
Sisyphus
,
for
seven
yeers
longer
.
I
uttet
not
this
here
,
because
it
burns
,
and
festers
like
a
deep
suppuration
in
my
minde
:
but
because
I
beleeve
there
are
very
many
others
in
my
condition
,
to
whom
want
of
expedition
(
being
like
the
stoppage
of
the
stone
in
the
uritories
)
apears
more
intolerable
,
and
procures
more
desperate
disaffections
then
it
does
to
me
.
Pardon
this
Digression
,
it
means
no
ill
:
it
would
onely
demonstate
,
that
there
is
danger
,
and
damage
in
too
many
Tribunals
,
yet
not
so
great
as
in
too
few
.
6.
Hereby
there
will
be
one
cettain
place
for
all
Suitors
to
dispatch
their
busines
at
,
and
that
place
will
be
London
our
Metropolis
,
incomparably
the
most
commodious
of
the
whole
Land
for
such
dispatches
:
when
there
are
many
Judicatories
,
and
Registries
in
severall
Counties
,
and
Provinces
to
resort
unto
,
there
cannot
but
follow
much
uncertainty
to
Clients
;
and
uncertainty
in
matters
of
this
nature
is
ever
the
mother
of
confusion
,
and
distraction
.
Some
men
which
look
no
further
then
to
the
ease
of
Executors
and
Administrators
,
suppose
London
too
far
distant
from
some
Counties
,
and
therefore
they
propose
to
have
all
Wils
proved
,
and
Administrations
granted
where
each
Testator
or
partie
Intestate
dyes
:
but
these
in
the
mean
time
have
no
regard
to
the
ease
of
Creditors
,
Legatees
,
and
other
interessents
who
often
are
more
in
number
,
and
whose
rights
are
often
of
more
value
,
then
the
Executors
and
Administrators
.
Wherfore
forasmuch
as
one
that
lives
in
Cornwall
,
another
in
London
,
and
a
third
in
Norfolk
,
may
be
concerned
in
a
Will
or
Administration
at
Barwick
,
or
Carlile
,
and
so
by
this
Proposition
must
accidentally
travail
to
Barwick
or
Carlile
,
the
most
incommodious
places
of
all
England
:
and
still
there
is
no
certain
place
designed
to
any
man
before-hand
;
what
a
generall
vexation
and
perplexity
is
this
likely
to
produce
in
many
Cases
?
Now
London
as
it
is
a
place
alwayes
fixed
,
and
pre-determined
,
so
it
does
for
manifold
conveniences
deserve
that
preheminence
before
all
other
places
whatsoever
.
For
,
1.
London
is
the
Common
Justice
seat
for
all
Suitors
to
resort
unto
in
all
other
differences
;
and
therefore
Testamentary
Records
are
most
necessarie
to
be
there
kept
,
where
they
are
to
be
oftnest
produced
,
and
where
they
may
be
most
ready
at
hand
upon
all
occasions
to
be
used
.
2.
All
ages
can
testifie
,
that
Testamentaries
Records
have
there
been
ever
most
safely
treasured
up
:
whereas
if
an
inquiry
be
now
made
of
the
Registries
belowe
,
without
doubt
it
will
be
a
strange
account
that
will
be
returned
of
their
Records
,
and
ancient
minniments
.
3.
If
suits
arise
(
as
they
do
most
frequently
about
Wills
,
Administrations
,
&c.
)
No
other
place
can
afford
so
able
Advocates
,
Sollicitors
,
&c.
as
London
can.
4.
London
is
so
qualified
for
correspondence
,
by
reason
of
the
vast
concourse
of
people
there
about
other
busines
,
that
any
man
may
write
thither
,
and
by
writing
have
busines
dispatcht
there
with
lesse
trouble
and
expence
,
then
he
can
ride
twenty
miles
any
other
way
:
And
the
greatest
part
of
Testamentary
busines
is
dispatchable
by
Letters
.
5.
As
the
best
choise
of
Able
responsall
Registers
and
other
Officers
are
to
be
had
at
London
,
so
if
they
misdemeane
themselves
,
there
is
the
readiest
remedy
to
be
obtained
against
them
.
6.
The
dispatch
of
busines
below
is
not
left
to
the
meer
care
and
costs
of
Interessents
farr
remote
from
London
,
that
is
in
in
great
part
to
lie
upon
the
shoulders
of
such
as
shall
have
Deputations
from
above
as
the
busines
is
here
stated
:
Upon
the
whole
matter
therefore
it
may
rationally
be
concluded
:
1.
That
a
speedy
settlement
of
some
new
Testamentary
Jurisdiction
is
worthy
of
the
Parliaments
serious
consideration
.
2.
That
this
settlement
here
proposed
,
is
the
most
adequat
to
our
publick
,
nationall
interest
of
any
that
has
been
yet
debated
:
if
every
man
would
know
that
the
generall
interest
comprehends
his
particular
,
as
the
greater
does
the
lesse
:
but
not
on
the
contrary
:
and
so
the
common
and
Civill
Jurist
would
not
confine
their
thoughts
to
what
is
the
advantage
of
their
profession
;
Nor
the
Burgesse
of
such
a
Town
,
nor
the
Lord
of
such
a
Mannor
,
nor
the
Knight
of
such
a
Sheere
;
restrain
themselves
within
their
own
narrower
Circles
,
but
would
obey
the
rapture
of
the
highest
orbe
;
all
our
motions
would
be
far
more
regular
,
and
concentrick
.