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cause_n action_n judgement_n plaintiff_n 2,011 5 10.8617 5 true
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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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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