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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	see_v	write_v	year_n	3,146	5	4.6224	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

all that have had to do therein if they have not found it so without they have been in speciall favour in that Court and then by consent much may be done My Appeal formerly against it hath set forth the iniquity thereof sufficiently printed 1653. a Moneth after the Parliament was dissolved I read in a Book called The Mirrour of Justices made by Henry Horne pag. 293. That the Common people called the Chancery then a Court of Conscience and the Author saith it is to be noted in respect of other Courts the Court of Chancery is a Court of a high nature And the Ordinance made by His Highnesse c. 1654 calls it The High Court of Chancery which Octob. 22. 1654. should have taken place for the regulating and limmiting their excessive Fees and exorbitant practises to the end all Proceedings touching relief in Equitie to be given to that Court may be with lesse trouble expence and delay then heretofore thus the Ordinance declareth f●lio 495 523 unto which all honest Englishmen should gladly shout Amen Amen Amen and which the pen-man hereof hopes to see put in execution by His Highn●ss comm●nd c. as sure as 44 ●ustices who were hanged in one year for oppressing the People by false Judgement Mirrour of Justices pag. 239. that famous law-law-Book saith It is an abuse of the Common-Law that Justices and their Officers who kill People by false Judgement he not destroyed as other murderers which King Alfred caused to be done who caused 44. Justices in one year to be hanged as murderers for their false Judgements which Judges are in the following Pages perticularly named and their false and Arbitrary Judgements for which they suff●red death or imprisonment or wounding or losse of limbe or member And accordingly he caused mortall rewards to criminall Judges for wrongfull mortall Judgements and so he did for wrongfull Judgemenss venialls Imprisonments for wrongfull imprisonments and like for like with the other punishments pag. 244. It is an abuse of the Common Law to obey the Judge who is appealed of doeing wrong pages 158. 230. And the Penman hereof Appealeth from the false and wrongfull Judgement of Thomas Manby George C●ck Anthony Kous John Hild●sly Joachim Mathewes or all or any other Judges of the Court of Probates and granting Administrations unto the Common Law of the Land for relief herein having by Letters forewarned them severall times that they could not doe it without my consent being personally present and it is verily beleeved some of these Judges would think it judgement contrary to Law and so wrongfull and false Judg●ment if they should have stood in my place and others should have sitten in their places and should have so done by them and judged contrary to Gods Law and Englands Law as they have done by me who have given yon John Burt my yonger B●other by the second ventor Letters of Administration two years after the law had possessed me thereof lawfully and that I had paid in portions taken receits from your self and you had denyed it in Court had not our sister personally testified the same against you shee seeing you receive a part thereof and her self about that time which was about 18 Moneths since given me a release on her part which being produced in Court you having seduced her and by that means defrauded both of us as yet of our parts of 200. l. in your hand and you villanously would have had her to have denyed it as her Act and Deed and the Judges of Probates c. would have perswaded me to have relinqu●shed it I am sure you● Dr. Wiseman can rem●mber this who mis-informed the Judges for you about it severall times and sputtered hard therein against me then personally relating the truth unto the Judges against both his and your lies and your P●octers also Fisher my Proctor either being by you or some of you so corrupted or by others conjured to be dumb in my case that in my absence you and you● Complices might attain your intended ends to null the Administration of the Son and Heire as the severall Orders in Court will yet testifie which were commonly drawne by Dyer your Proctor to speak as that Viper would have them who made the Register enter or signe what he pleased thus would you and your Complices have cast out the sonne long since to have shared the inheritance and yet he had the Power legally and was m●de sole Administrator of all that was his Fathers Deceased and had long before brought in a true and perfect Inventory and an Account Aditionall which the Order of the Court saith the Judges allowed of June 6. 1653. for a true and perfect account as is therein declared and your Oath also then taken which you may be heartily ttoubled for and had you one dram of grace you would but at last you procured an unjust Ord●r and upon that a false and wrongfull Judgement against mee viz. That my Letters of Administration should be null and that John Burt should have Letters of Administration and it was given you of which wrongfull Proceedings of the Judges of Probates I have heard Learned men and Auncient Practisers both of Common and Civill Laws say that it was irregularly and illegally done against both the Civill and the Common Law And that if such Arbitrary Judgements or Sentences be suffered to be Decreed what English man can say he hath any thing his owne or any inheritance by Enlish Law when Judges without the Peoples or Parties consent shall g ve the title right interest dignitie or Estate or Inherritance of the People or any perticular Person or p●oprietie thereunto away from him or them wilfully against Law and contrary to Law And when Judges do passe their ju●isdiction or the bounds of their Delegacies or of their Commissions and I dare jeopard my life to prove Mr. Manby and the rest of the Judges who gave you Letters of Administration have passed their jurisdiction and Delegation and Commission And for such offences King Alfred did not meddle with the judgements In l●sser Off nces he did not meddle with judgements but disinherrited the Justices and removed them according to the points of those Statutes in all points where he could understand that they had passed their jurisdiction or the bounds of their Delegacy or of their Commissions or had released or increased any punishment contrary to Law or done any other wrong in dissalowance of a reasonable Exception of the Parties or to the judgement Mirrour of Justices pag. 245. It is worth the observing and declaring also that the Judges of Probates c. could not be ignorant of my Case and rightfull Cause it having been d●pending though to my grief and losse as long as Mr. Manby or Mr. Cock had been in and out of Commission by Act of Parliament or Ordinance since although I had beleeved that I had ended Septmeber the 28. before the Acted grew vacatt or null October the

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

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