Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

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

time to the utmost of their and either of their knowledge make full and cleer discovery and Declaration of the said Estate and to this you know Major Hayne the Scrievener that made them and his two Servants are witnesses therein and at the same time you sealed a Bond of 500. l. to me to keep the Articles and Covenants therein contained which was to Discover from time to time the Estate but not to conceale the Estate from time to time which if you submit not your self for the breach thereof time may compell you thereunto or discover it to Englands Law which may compell you to perform or suffer accordingly and reward you for breach of your Articles and Covenants and Bond and faith as a younger sonne or younger Brother and then truth will discover it to time and time then will not conceal it from the knowledge of men when that shall come to passe And you and your Complices opposed me all that you could before my Letters of Administration were sealed to me and withstood me to the face to hinder me therein but then I striking the words of the Statute law 31 Ed. 3. 11. and the 21 Hen. 8.5 And proving my self to be the next of kin and the next most lawfull Freind of our Father who died intestate and none being in equalitie and degree of kindred with me which being by me written out of the Book and brought in my hand that I might strengthen my Claim thereby you and your Complices Pride was abated your malice for the present asswaged and your Devices for that time confounded and by Letters of Administration I was legally confirmed sole Administrator c. and neither you nor your Complices secretly or openly could hinder me thereof except you had bereft me of my life and by that means my last glasse had been run as in September last 1644. you threatned me so indeed if you had not suffered by law you might have come to have been Administrator to our Fathers Estate deceased But while I live you cannot be by Gods Law or Englands Law or Custome for if that there were any truth or mercy or knowledge of God in the Chancery to be found I or another man might have relief therein according to the Statute of the Fift of Eliz. cap. 5. which saith For the avoiding as well of long and tedious Suites as also great Expences in prosecuting of Civill Causes by reason of divers Appeales permited to be made by Order of the Lawes Civill in such cases c. Be it inacted c. all and every such Judgement or Sentence definitive given or pronounced in any Civill and Marine Cause upon Appeal lawfully to be made therein to the Queens Majestie in Her Highness Court of Chancery by such Commissioners c. as it hath been used in such Cases shall be finall and no further Appeal to be had or made from the said Judgement or Sentence definitive I would ask any man or Commissioner thereof How the People can expect Equitie therein or relief thereby since they will not obey and fulfill that Equitable and lawdable Ordinance Ordained by His Highnesse the Lord Protector by and with the consent of His Council who Ordained therein That the Chancellor Keeper or Commissioners of the Great Seal for the time being shall according to the times and in manner by this Ordinance prescribed put in Execution all the Rules Lawes Orders and Directions before mentioned That for the future there be no more cause of just complaints from the People folio 522. 523 or who can or dare be incouraged to appeal to His Highness● Court of Chaucery while the Practisers therein delay the People and put them to such trouble and Expence that it is scarce one of a thousand but may feelingly experimentally say that when they are complaining therein and wayting for Equity the Remedy there is as bad if not worse then the Disease being thus feelingly sensible of the iniquitie of this unconscionable Court which the Commissioners should take care with all diligence and Circumspection that all the Officers Ministers Clerks and servants belonging to the said Court do honestly and faithfully c. in the Chancery but how many faithfull English men heartily desire the regulation yea rather the Reformation thereof in Conscience in honesty and truth and of all Courts of Judicature according to Gods Word and Law and not that they should imagine and practise mischief in the Law I conclude against the iniquity Falshood and false judgements I have seen in the Court of Chancery which when they have submitted to the Ordinance I will call the High Court of Chancery because they may be then said to be under His Highnesse Protection when they obey his Ordinances which are for Gods glory and the Peoples good as this Ordinance it is hoped cannot but be and also that thing so irregular and unlimmittd at Doctors Commons which calls it self with all that rabble Rowt belongs thereunto a Court of Probates c. when sitting which formerly sate in the Starre Chamber place at Westminster where when there were Bishops and a King or a King and Councill and Bishops held a Court there called the Starre-Chamber from the place and it is beleeved by judicious men though they were cryed but against for Injustice Extortion and Opressing of the People and acting Arbitrarily against Law that these have exceeded their Exorbitances and have exacted and extorted from the People since their being which was in comparrison but the other day abundantly more then they only these have some colourableness for their exacting of Fees by the Act of Parliament made Aprill 1653. to continue in force untill the first of Octoher 1653. and no longer the remainder of the Fees taken by the Registers their sallaries and under Officers being paid and Clerks the overpluss or profits to be paid to Commissioners for the use of the Navy Reader I will give you an account of one Extortion Acted in this Court of Probates June the 8. 1654. by which a Widow with five Children was oppressed against the Statute of the 21 Hen. 8.5 In my own sight and knowledge since obtainmed of the Statute Law to curbe their Exactions and Oppressions thereof which was thus A Minister of the Court of Probates agreed with the Widdow before he would deliver her the Administration under the Seal of the Court for 3. l. for which she paid him down presently 50. s. and promised him 10. s. more and then he delivered the Widdow Letters of Administration her Husband dying Intestate and her Inventory did but amount to not full 20. l. and by Statute Law he should have taken but 3 s. 6 d if they had amounted to 40. l. sterling so they had not exceeded and not above and I never knew this Statute repealed and the unlawfull Exactions are said in the said Act To be against Right and Justice and I pray why hath not His Highness the Lord Protector and His

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

it not be said that such who Act thus are delivered up or given over to a Reprobate minde which the Marginall Notes render thus into a mad and froward minde whereby it commeth to passe that the Conscience being once put out and having almost no more remorse of sinne men run headlong into all kinde of mischief thus Diabolicall Practisers of the Law will sell the Right and Interest of the Righteous Person for a pair of shooes or a piece of bread thus are thy People eaten up all the day long by them as bread but these Gormorants m●y in time be caused to Vomit up their morsells again for as the Crown indureth not to every generation so Riches are not for ever for though the wayes of wicked men and such who are greedy of gaines would take away the Life and Liberty of the owners thereof Prov. 1.19 Malice shall slay the wicked and they that hate the Righteous sha●l perish for though the troubles and afflictions of the Righteous are many The Lord heareth and delivereth them out of all their troubles Psal 34.17.19 21. But these Politick Foxes and other subtill serpentine fellows who pretend they are Lawyers but indeed they are Enemies to the Law both of God and of England and also the Peoples Priviledges and Liberties and such Countors or Pleaders whether Sergeants Councellors or Attorneys Solicitors or other the Plaintiffs or Defendants Freind either Doctor or Proctors For though Lawyers say an Englishman is not to Pleade his own Case yet that ancient Law-book called The Mirrour of Justices will tell you Though every one be not admitted to Pleade some are admitted to pleade in all Actions without Tutors and some but in fellonies and where any Person is not capable or in a Capacitie therein Countors or Pleaders are allowed to defend their Clyents Causes according to the Rules of Law and the Customes of the Realme and every one that knoweth not how to defend their Causes in Judgement and there are many that do saith the Author pag. 65. 128. And therefore Pleaders are necessary so that that which the Plaintiffe or Actors cannot or know not how to do themselves they may do by their Sergeants Attorneys or Freinds Again saith he Countors are Sergeants skilfull in the Lawes of the Realm who serve the Common People to declare and defend Actions in Judgement And every Countor is chargeable by Oath That he shall do no wrong nor falsitie and also that he put no false Dilatories into Court nor move or offer any false Corruptions Deceits Leasings or false Lyes nor consents to any such nor false Witnesses and I say of the Law of England next unto Gods Sacred Law 1 Tim. 18. Which is good if it be used lawfully which is made for lawlesse and dissobedient Persons c. And for Lyars and Perjured Persons and one that Writt concerning Courts in King Henry the Eights time saith Note that an Oath ought to have three Companions Truth Justice and Judgement And if that be wanting it is no Oath but Perjurie and St. Paul saith That the Law is made for offenders for Lyers and perjured Persons Perjury is called a great offence whether in a procured Witness or acted by one Personally in his own Case when it shall be discovered and proved to be his owne Act that by his own consent and agreement he shall wilfully a d corru●●ly in any Court of Chancery or Court of Probates c. formerly called the Prerogative Court or Spirituall Court or in any of the other Courts formerly belonging to the Kings or Queens of England All the Judges of England 9. Ed. 4.53 did manifestly affirme That the Chancery Kings Bench Common Pleas and Exchequer be all the Kings Courts and have been time out of minde and so that no man knoweth which of them is most auncient used 19. Ed. 4.4 and Cookes Preface to the Eighth Report practise of the High Court of Chancery pag. 56. and choice Cases of Chancery pag. 141. A Subpoena was awarded out of this Court to Answer a Bill of Perjury committed by the Defendant Goze in swearing for the impotencie of the other Defendant whereas he was not above 50 years old and not able to travell Griffeth plaintiff ap Jenkin and Goze Defendants Anno 21 22. El●z and are not the Courts now called His Highness Courts the Lord Protect●r The Chancery had a Soveraigne Power above ●ll other Courts of Equitie it being a Court of the distribution of the Kings own Conscience and Bills are Exhibitted here in the vacancie of the Lord Keeper or Chancellor to his own Royall Person viz. To the Kings most Excellent Majestie in His High Court of Chancery Practice of Chancery unfoulded pag. 35. and will you not suffer the distribution of His Highness Conscience viz. OLIVER Lord Protector the present Governour whose Name you know all men are now to obey to be distributed in His Highness High Court of Chancery Perjury was fined examined and punnished Transaactions of the the High Court of Chancery pag. 156. 157. Perjury to be examined here Halse contra Browne notwithstanding the cause was dismissed 16. Eliz. fol. 401. Free-born contra leasure in Trin. 20. Jac. li. B. Mound contra Culme 40. pounds cost given for Perjury in Mich. 14. Car. in the j●dgement Roll the 37. H 8 between Baskervile and Guill●ams set on the Pillory for procuring Perjury in the Spirituall Court with divers others not herein named who were punished by Chancery Power And I hope since we have such Presidents when His Highness Conscience shall be distributed in His Court of Chancery as it hath been in other Kings time or Governments The Justices of other Courts of Westminster have their Authority by Writt or Patient under the Great Seal of England being the Seal of Chancery which is Committed to the Lord Chancellour or Keeper by the King together with the distribution of his own Conscience Thus have Kings promised to Govern Gods People to maintain defend their Persons and their Goods in Peace by Rules of Law and this hath His Highnesse the Lord Protector sworne to Govern by the Lawes Statutes and Customes of this Nation seeking the Nations Peace and causing Justice and Law to be equally Administred This He signed December 16 1653. O. CROMVVELL ANd this ought the peaceable People of the Three Nations to clayme and expect from His Highness and to endeavor peaceably to obtain and under this Protection of His Highness O. CROMWELL declared Lord Protector as abovesaid I Claim and require the defence of my Person from violence and injury and the Right Title Property and Interest in my owne Goods and Estate in Peace according to Gods Law and the Rules of the Law of England which comes neerest to Gods Law from fraudulent concealment and from false Judgement for it is Written Psal 119.150.165 Great peace have they which love thy Law and nothing shall offend them but they that f●llow after mischief are farr from