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A78010 Advice, sent in a letter from an elder brother, to a younger. Which he missed of by being abscent, since occasionally printed, it relating to remedying and reforming severall abuses in the Common Wealth, by severall practisers pretending equitie and conscience in the High Court of Chancery, and that unsetled, irregular unlimmited Court of Probates, who also act against the law of God, and the law of England, as in the reading thereof may be observed and bewayled, and it is hoped, may be of publick concernment, and profit; wherefore the author hath been at this charge of printing it. Burt, Nathaniel, fl. 1644-1655. 1655 (1655) Wing B6140; Thomason E838_8; ESTC R207429 31,328 44

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Councill since Parliaments have neglected it Power to ease the People in such unlawfull Exactions of Fees as the Chancery and the Court of Probates by their Ministers exacted Extorted taken to the great oppression impoverishing of the People witness this distressed Widdows Case with five Children who hath never been able ever since to pay that money where she was faine to borrow it to stop this Extorting Ministers appetite of money or scarcely to put cloathes on her Children for shift convenient And Exaction Extortion and Oppression are forbidden by Gods Law and Word which People Officers Judges and Ministers of Courts who forsake Gods Law and Word Psal 119.158 I beheld the Transgressors saith David and was grieved because they kept not thy Word Rivers of Waters run down mine eyes because they keep not thy Law O that our Governours and People would doe the like Wherefore hear your Elder Bro●hers Exhortation John Burt and suffer this my rebuke for your sin against God our deceased Father whom you have much abused and belyed and my self the Pen-man hereof and also your own self and your malicious sinning hath now found you out and in our Fathers life time also caused him when you brought your Children and set them up upon his bed-side which sure was well done of you that he might blesse them before he departed this life and your self also but he remembring how extreamly you had abused him by possessing your self of his Keyes out of his Pocket which he had persued you to your owne house for though he were not so capable to expresse by words to you as to reprove some that others as well as your self might hear him declare himself demonstratively yet you know hee remembred your ungodly abusing of him and therfore would not acknowledge you or your Children but did bid you and them be gone be gone take them away take them away as though the sight of you and your Children were both of you a grievous vexation to him he then extreamly wringing his hands and lifting them up so and then spreading them doubling his dislike saying Be gone be gone away away to you and your Children and would not be quiet whilst you and your Children were in his presence and though you made it your advantage in his Infirmity to Possesse what you could of his by your over-reaching and fraudulent and unlawfull dealing or deceiving Policie pray that it may not be your Curse in which you think to have blessed your self see Jaacobs filialness He durst not offend or abuse his Father when he was blinde though his Mother bid him obey her voice therein Gen. 27.8.12 My Father peradventure will feel me and I shall seem to him as a Deceiver and I shall bring a Curse upon me and not a Blessing And by these your trespasses against our Father and my self you have even almost destroyed me your Elder Brother in my outward or Temperall Estate God knoweth by multitudes of Troubles and Losses and Law Suites and Lawyers Answering with the Money belonging thereto drawn out and expended the better to colour your guiltinesse And I should make my self guilty of all these your sinnes and Trespasses If I should not rebuke you I must therefore rebuke you and that openly if I will observe Gods Commands and Scripture Rules For it is written Levit. 19.17 Thou shalt not hate thy Brother in thine heart but thou shalt plainly rebuke him and not suffer sinne upon him saith the Margent or that thou beare not sinne for him thou shalt in any wise rebuke him Wherefore that you may not bless your self in your evill Wayes saying You have not sinned in all that you have done to our deceased Father and to my self and to the Estate as is herein related and charged by me which you know is truth See and read what the Lord commanded Moses to teach the People which I told you before are written in a Book for our learning for the time to come for ever and ever Ye shall not steal neither deal falsly neither Lie one to another And ye shall not sweare by my Name falsly Thou shalt not defraude thy Neighbour neither rob him and reade Levit. 6.1 2 3 4 5. compared with Numb 5.6 7 8. It is written If a soul sin and commit a Trespass against the Lord and lie unto his Neighbour in that which was delivered him to keep or in fellowship or dealing saith the Margent or that which was put to him of trust in a thing taken away by violence hath deceived his Neighbour or doth by Robbery or violence oppress his Neighbour or hath found that which was lost and lyeth concerning it sweareth falsly Or hath found that which was lost and denyeth it and forsweareth it and sweareth falsly in any of all these that a man doth sinning therein or for any of these things that a man doth wherein he sinneth Then it shall be because he hath sinned and is guilty or when I say he thus sinneth and trespasseth that he shall restore that which he took violently away or the thing which he hath deceitfully gotten or he shall then restore the Robbery that he hath robbed or the thing by violence which he took by force or the thing which was delivered him to keep or the lost thing which he found Or all that about which he hath sworne falsly Or for whatsoever he hath sworn falsly he shall even restore it in the principall and shall adde the fift part more thereto and give it unto him to whom it appartaineth or he shall both restore it in the whole Sum and give it unto him to whom it pertaineth in the day of his Trespass-Offering saith the Margent or in the day of his being found guilty or the same day he offereth for his Trespass or give it unto him against whom he hath trespassed But if the man have no Kinsman to whom he should restore the Dammage or to be recompenced for the Trespass of Lying and Detaining and Concealing as before related Herein is used two severall Translations for the plainer expressing of Trespasses Therefore John Burt now that it will be proved against you that you are guilty of concealing Mr. Whetstones Mortgage and denying of it by Oath and cancelling it and altering it as before related you ought both to make Restitution to me and to humble your self also which you will finde Christ taught to men when he was upon Earth which strengtheneth this Scripture and maketh a threefold Testimony against you or any obstinate Lyer or Concealer or false Swearer and sure you ought to observe it and to conform thereunto Matt. 5.24 25. Therefore if thou bring thy Gift before the Aaltar and there remembrest that thy Brother hath ought against thee leave there thy Gift before the Aaltar And go thy way first be reconciled to thy Brother and then come offer thy Gift Jesus speaking to his Disciples about offences said Take heed to your selves Luk. 17.1.3 4. If
laid aside yet by Jury and Witness a man may prove his Action or Appeale and I having spoken to you and finding you so reall and just and honest in your Discovery of the matter related in these following lines and confession thereunto and since this our Appeal to Equity and Law is a Combating and that the Victory is holden for truth and you a Witness therein I have placed you upon the front of the Battell and have dedicated it to you that in this fraudulent matter whereof doubtless you have been ignorant as a faithfull and Couragious Champion or Combitant you may maintain the truth hereof to this evill lying World and in your answer in Chancery quit your self like a Christian man and thereby keep a good Conscience void of Offence Thomas Walton hath confessed the cancelling of the old Writings to our Father in his House though not by his own hand Aprill the Eleventh 1655. But would not confesse Francis Riche● Habitation Sir on Saturday Aprill the Seventh toward Evening I was with Mr. Thomas Ellis to have delivered this Letter to my Brother John Burt where he lodgeth in More-fields and his Landlord told me and Mr. Ellis that he and his Wife and Children were gone out of Towne and that he had no servant left there in being to answer for them or belonging to them so that not knowing when he may return I having been at the paines of penning of it and added since something of Court Abuses and wishing his repentance and amendmennt and theirs also that this iniquity be not his perpetuall loss and undoing but that he may be saved in the day of Christs appearing though thereby he hath sought my temporall ruine and I not being certaine of his return that I might have seen how he would have received my Councell or rebuke herein and answered thereunto next unto Gods glory and Englands Laws I claime satisfaction to and any Dammages or losses I have received by him and his Complices therein beside my trouble and grief thereby and the expences and losse which you have already seen and felt by him and through him and his procurement who as it is beleeved never deserved or ought to have had any such usage from him or any of his complices abbetors or Confederates and that now it is discovered and come to my knowledge so much as concerneth you you are by Law answerable to me who am the Eldest son of my Father and sole Admininistrator by Law of my Fathers Estate and by the Seal of the Prerogative Court unto whom John Burt became bound in a bond of 500. l. to fulfill certain Articles which were sealed between us twelve dayes after our Fathers Funerall and Sixteen dayes after his discease wherein he tyes or bindes me the eldest Son to sue Letters of Administration out of the Prerogative Court in 500. l. also and himself with me to Discover to the utmost of our knowledge the said Estate viz. All and singular the Goods Chattells Plate ready Money Leases and all other things whatsoever which any way did or doth concern the Estate of the said disceased which B●nd Witnesses and administration I have shewed you and he having had in his hand and Possession severall Writings and Leases of your Fathers which have continued with our Father ever since Anno 1639. and the use made by our Father Recited in his Book of Accounts written with his own hand untill the Christmas before he dyed which rests with me and he dyed June the 12th 1654. Now you being the Principall Witnesse herein and next unto my self the neerest concerned both in the abuse Charge and loss past and of suffering for future I having used your Name in relating the matter of mine and your abuse and since he is abscent that I cannot have his present Answer I am constrained to publish it in Print that my wrongs losses and false judgement given against me may appear to you and through you to the World you being the grand Witness and others also and that can here discover concerning the fraude and Concealement of the said Writings belonging to you and your Father disceased and I hope by this to finde much more of my Fathers concealed Estate And it being commanded That the hand of the Witnesse be first upon him that is to suffer Deut. 17.7 And that the Father and Mother of the Rebellious or stubborn Son which would not heare the voice of his Father or Mother should lay hands on him and bring him before the Elders of the City That he might suffer for that he would not hear and obey them it being an evill Example in Israel and not to be suffered This Premised to you with my Love and Well-wishings to you Aprill the 18. 1655. I rest yours for the truehs sake NATHANAEL BVRT ADVICE Sent in a LETTER From an Elder Brother to a Younger And Isaac trembled very exceedingly and said thy Brother came with subtilty and hath taken away thy blessing And Esau said Is he not rightly named Jaacob for he hath supplanted me these two times he took away my birth-right Behold now he hath taken away my blessing JOHN BURT I Am not ignorant that Cain and Abel were naturall Brethren and that Isaac and Ismael were naturall brethren or taken by Abraham so to be who was their naturall Father as well as by others though they were by two severall Women and Esau and Jaacob were so both by one Father and Mother as Cain and Abel were by one man and one Woman which Scripture setteth forth and though Cain the elder Brother slew Abell the younger Brother in those dayes as Mr. Sparkes his younger son in your memory slew his Elder Brother and suffered the Law for it so you ungratiously and unnaturally left word at my House September 8. 1654. with two severall Persons in my abscence That my last glasse was run and bid them to tell me so from you And when you had buried me alive December 1654. in Luds-gate in your rage and Malice to bring about your conspired ends you having no just cause against me in Law to ground an action upon or to file a Declaration against me Wherefore you were fain the 2 Court Day after to withdraw your own Action of 500. l. though your Attorney Baines against his Oath Malitiously moved the Court against a Non-suit therein saying he could not find the Bond and he knew he had declared thereon in the Vpper Bench the Michaelmas Terme was 12 Moneths before yet in the mean time with my ungracious Son in law Peter Tompson you both of you offered to sweare then in the Court of Probates you had no Action then upon me which was a Lie as two witnesses can yet testifie viz. Thomas Ellis and John Brooke And though you are my half Brother and had buryed me there alive to bring about your malitious fraudulent ends and thereby to procure to your self of those unjust and unrighteous Judges letters of Administration
first 1653. and by the Order of the Court I had charges given me though since by some Officers and my own Proctor I have been very much abused untill he diss●nted and denyed to own my businesse any longer for that in op●n Court I had demanded judgem●nt against him for consenting against me and abusing me and labouring to destroy me so that so much as the Judges hath heard not onely from my self in Court pleaded in Faylor of my Proctor but also by that juditious Advocate and Auntient Practiser Honored Dr. Swett and severall Letters and Petitions to enable th●ir memories and severall exceptions in writeing delivered them to keep off false and wrongfull judgement for in the Mirrour of Justices pag. 198. It is said The Judge doth not offend so much that he doth not make the Law but he ●ffendeth in foolish undertaking upon him to judge foolishly or falsly And when you had buried me in Ludgate in the height of your Malice and Rage as one d●ad or not in being to appear in my own right and my Proctor desented and the Judges denying me any Proctor in Court to ●ssist me or appear for me or to answer for me in my absense I sent my Letter from Ludgate December the 8. 1654 Which Mr. Th●mas Ellis brought them which was read in Court and the par●ie examined by the then Judges if it were mine written by me or no And I sent it as a Messenger who came to them from the dead in Prison to warn and Protest against them as often I had done before that they should not dare to do unrighteously in judgement who seemed then to be much minded to give you Letters of Administration which Originall Letter of which that was a Copy is still to be seen and as Cain churlishly denyed the Lord who inquired for Abel whom he had slaine so I though shut up by you cryed by my Letter to the Judges of Probates that as I was the Eldest sonne of our Father Deceased and sole administrator and representor of his Person that they would do no wrongfull judgement then unto me though I was inclosed and shut up as a dead man and in that Letter I did averre as I had done before in Court in March 1654. when I put in my Exceptions to the Proctors Abbortive and misconceived report which was underwritten thus Mr. Manby I doe averre that my life Libertie or Estate cannot be taken away but where the Law doth it and it was but the other day the Lord Protector took an Oath That he would Govern according to the Laws Statutes and Customes of this Nation and the descretion of a Court ought not to be contrary to Law and Reason thus testifies Nathanael Burt and this was added to my Letter also from Ludgate to testifie they were the lines of a living man though the Judges with you and your Compli●cs looked upon me as dead in your judgements and practises and this Letter also is preserved to be given in testimony agai●st their unrighteousn●sse and false wrongfull judgement and your frawd and maliciousnesse John Burt herein may be read you have put me to no small trouble losses and attendances and charges in severall Courts besides Imprisonments also by you and your Complices combination to destroy me in my Name Liberty Estate dependencie of Trade to gain bread the staffe of life in this Orbe to make me fall under you who am the Survior of our deceased Fathers Person in Law and lively represent or thereof and thus you and your Complices have Acted to keep me from an Account of the Estate of my deceased Father who am in Law the sole Administrator to his Estate and all parts and particulars thereof and to detaine and conceal from me and to turn it to your own use profit and Benefit Witnesse that concealing of one Hundred Pounds of money our Father sent to one William Whe●stone of St. Giles Holburn about the year 1638 or 1639. of which the use was honestly paid unto our Father untill the Christmass before he dyed as by his Book under his own hand will appear and by witnesse also four Pounds half yearly which was secured to him his Executors Administrators and Assignes by a Mortgage of two severall Houses in Holburne held by Lease from one William Wooley Esq of Lincolnshire which Writeings of Conveyance security you possessed your self of secretly fraudulently as you did of our Fathers Keyes out of his pocket in his lifetime to his great grief and vexation he wanting much of his tongues benefit to expresse but not then quite dumbe which you took advantage of and by this meanes possessed your self of severall Moneys and other Writeings of Bonds and Mortgages which you kept concealed and some since Cancelled and others you received the use and profits thereof your self sometime uncancelled and you knowing my Administration was in Power and in full force which will be made to appear And at the same time in the Chancery to my first Bill you and your Complices generally demurr and deny and not long after to my second Bill for discoverie onely against your self you sweare positively an untruth to the major part of our Fathers Estate concealed by you and also of the Mortgage of 200. l. of St. Edmonds Burie somewhat therein you confesse upon which confession it was Ordered to be devided as 200. l. of cleer Estate of which you know the moyetie or Third part belongeth to me and as much unto our sisters Children she being deceased since and you having paid neither of us and though it was put in my Inventory yet you know it never came out of your hands though it came to my knowledge and I had been forsworne and had forfeited a Bond of 500. l. to you had I not discovered it as part of our Fathers Estate he having entred it into his Book with his own hand writing which you and others have seen and you your self cannot deny which in the Court of Probates c. before the Judges you confessed in my presence you canceled saying Samuel Thomlins once your fervant could testifie it was given you which you know you then and in your Answer lyed in for he hath denyed it unto your face as also in his Answer in Chancery But this Mortgage of Mr. Whetstones which you knew of many years belore of 100. l. paying 8. l a year this is so swallowed and Concealed and Forsworn the knowledge of by You in both Courts of Chancery Probates yet you know you received of Mr. William Whetstone the son of William Whetstone deceased who was bound with his Father upon the old Mortgage to perform Covenants after the rate of 8 per Cent. after our Fathers decease I having Letters of Administration and that you had bound your self to me in 500. l. Bond with Articles to discover our deceased Fathers Estate which Bond you know if this be proved is forfeited by you And thus you concealed the same
as all the rest And it is beleeved you have concealed a Bond of a 100. l. for the payment of 50. l. wherin Jeames Ryton and one Tobias Markeham old Mrs. Ryton were bound to our Father and it is entred into his Book the use received by him about Christmass before he deceased with his own hand as Mr. Whetstones is and demanding of Mrs. Ryton to be satisfyed therein the same day Mr. Whetstone had satisfied me the truth of his she sord●dly denyed ever that she knew of any Bond given our Father or any money had of him as though you had been in her belly to prompt her to lie in her Answer and so soon as she had done speaking James Ryton appeared and he being demanded concerning 50. l. he should be bound for with one Markham and his Mother he before her face confessed it and hath not yet given me full satisfaction of payment thereof and to whom Now since you sware so desperately and Whetstones concealment having lyen so snugg I see that neither Lies nor Oathes will choak you for it will be proved that you have received the use to your self upon the old Mortgage for time also after our father deceased and afterwards in Mr. Waltons house the Scrievener or shop you then sealed new Writings in your own Name with Mr. Whetstone the survivor of his deceased Father then you also with him and in his Presence altered the old property thereof into your own Name and then cancelled the Old Writings and Bonds made between both our Fathers deceased as before related which were at 8. l. per Cent. and yet you like a well-tutered Scrieveners bratt in all this you well knew you had acted and done sware you knew nothing of this belonging to your Fathers Estate And after you had cancelled these old Writings and the Bond thereto belonging as is before mentioned and will be proved to be true to your face and to your shame which by the old men deceased had been made and sealed and again renewed them in your owne Name with his sonne William Whetstone you could not rest content therewith and satisfied But you must have them altered again by Mr. Walton And then you doe intitle and interest one Francis Rich in the said renewed Mortgage pretending to Mr. Whetstone you had received of Francis Rich for the said Mortgage of his not long before you had renewed in your own Name though fraudulently as he now beleeveth 100. l in money for which cause say you and Walt n the Scrievener Whetstone must now assigne to Francis Rich and become bound to pay the Use to him as they had done to our Father for 14. years before and to you for some time Then after sealing to R●ch by Whetstone there is a suite commenced or brought in the Exchequer of Pleas against William Whetstone in the Name of Francis Rich and in Michaelmas Terme 1654. recovery is made against Whetstone in the said suite and Whetstone is thereby forced to compond the same and pay charges in Francis Rich his Name who is now of opinion neither John Burt or Francis Rich had or hath any right or interest therein and also William Whetstone at that time Judgement being in the Name of Francis Rich obtained against him or to be was forced to promise payment thereof to Francis Rich and for his use as then he could agree to stop Execution and accordingly he paid 25. l. of the said 100 l. January 4. 1654. and all Interest unto that present day besides charges of suite therein and likewise to promise Twenty Five Pounds from the●ce quarterly untill he had paid in Francis Rich his Name and for his use the full sum of one Hundred Pounds and Mr. Whetstone saith In all his life as yet he never did see or know the said Francis Rich and this he spake Thursday the 29th of March 1656. but said Thomas Walton the Scrievener had been there to see if 25.l in money were ready to be paid in his Name and for his use and William Whetstone saith He paid the 25.l above meneioned unto John Burt and the Interest in the Presence of Thomas Walton and took his Receipt for Francis Rich his use and that he had not so much as ever known Nathanael Burt the elder Brother of John Burt and sole Administrator of Nathanael Burt their Father deceased untill March following after and beleeveth if he had known the Administrator He should not have payed John Burt any money or suffered the Old Writings to have been altered in his Name and afterwards into Riches name or agreed to the cancelling the old Writings Oh John Burt heare Pauls advice which was inspired by God if you will not hear me who saith Ephe. 5.25 Wherefore cast off lying or putting away lying and speak every man truth unto his Neighbour See Esay 30.1.8.12.15 For wee are members one of another and the Lord the Holy One of Israel hath caused it to be noted in a Book that it may be for the time to come for ever and ever which you may read Prov. 12 19.22 15.27 28 29 20.21.21.6.28.24 Lying lips are an abomination to the Lord But they that deale truly are his delight But a lying tongue is but for a moment He that is greedy of gaine troubleth his own Howse and he that maketh haste to be rich shall not be innocent An Inherritance may begotten hastily at the beginning but the end thereof shall not be blessed And I beleeve in time if you receive not this instruction many more of your Concealements and frauds you have so lustily covered with Lying and so falsly sworn against of which you see this apparently is one for a righteous man hateth Lying but a wicked man is loathsom and commeth to shame Prov. 13.5 and whoso robbeth his Father or his Mother and saith it is no transgression the same is the Companion of a destroyer And you robbed our Father of his Keyes in his life time which you know too well which the Citie Cryer cryed before your door about seven Weekes before he dyed though you never delivered them no more then the Lease of the Crown you possessed and the Fine thereto belonging and much Monies other Bonds Mortgages and money belonging then to him and since to his Estate All which hath been denyed by you in Chancery by your delaying hum haw demurrer and in your Answer also Yet John you may very well remember you once had me to one Mr. Oglethorps in Alderman-Bury I could name you the day also for I entred it for Memorie who is Attorney of the Vpper Bench and then said you would deny your Demurrer and give an Answer to my first Bill in Chancery if I would accept thereof which it seemeth he then hindred you in or of like a kindle-coal and sower of discord for this was within Seven Moneths after our Father deceased which had you Answered then you might have saved many suits in