Selected quad for the lemma: cause_n
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A26628
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An appeal to God and the King together with a true narrative of unparallell'd grievances &c. wherein may be seen as a mirrour ... the surpassing miseries of the English nation above other nations for having the best and most wholesome laws in the whole world, yet being so excessively corrupted by covetousness of money in the law-practicers as now they are ... and unless some expedient be found out for a just and due administration of justice without fee or bride, 'tis impossible for this nation to be happy, but must remain the most miserable nation in the whole world / most humbly presented by Benjamin Albyn.
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Albyn, Benjamin.
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1697
(1697)
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Wing A884; ESTC R30565
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91,672
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50
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means of the Villainy of the Law-practicers that have done me so much wrong And now W. D. one of the said Law-practicers hath on the 30th of June last caused an Execution to be served upon my Goods breaking open my Counting-house Dore Trunk and Cabinet-Locks whiles I was Citing him before the Judge to shew Cause for said Execution he having received of me an Assignment of sundry Bonds above a Year since as a satisfaction to prevent the Charge of Execution as I told him and though he hath evaded going before the Judge and his Client be paid all Dues yet he keeps mine Assigned Bonds and lets not his Client acknowledge satisfaction upon Record at Westminster and hath taken out the said Execution without a Scire facias and told the Party that served him with the Summons to appear before the Judge he would soon blow off the Matter of fact with an Affidavit Also sundry other Abuses I have met with both from him and others the Lawyers and Attorneys I have truely set forth that so if a due consideration thereof be taken 't will be found that as mine Unparallell'd Grievances are unpresidented so if they shall be made Presidents for People so aggrieved as I am to be without Remedy at Law and by the corrupt Practices used therein the Peoples substance must be eaten up What must the Consequence be For when People are made desperate what is it that they will not adventure to doe and Patience provoked is not quickly retrieved or easily reconciled and when their Passion and Rage is up they 'l regard a Man worth a Million no more than a Man that hath but a Mite And therefore I doe think with humble submission to the candid Government 't will be no Imprudence to prevent Mischief by a timely Reformation of the manifold intollerable vile Practices now used by the Law-practicers which doe cause so many and great Ruins and Oppressions upon the People that they doe most lamentably complain of and groan under them in all Parts of England and by that means there may be a due and an impartial Administration of Justice in all Parts of the Land 'T is true I am but one Man but yet as a Man of honest Parentage and an honest English-man free-born that hath always lived in all Obedience quietly abroad under many Governments and paid all Dues to the King and his Government here at home And therefore as I need not fear so I doe without fear of any Man living upon Earth in the Name of God and the King demand my rightfull Due and just Protection and wherein I am wronged I may be righted according to the Laws of the Land and not be any longer banter'd out of my Right by the Impudence Treachery and Insolence of the insatiable Lawyers and Attorneys who are ashamed of nothing and when a Man is wronged care not but will laugh at him and tell him 't is the Practice of the Court I am the more bold thus to demand because Mr. Moyer's causeless Statute of Bankrupt hath bereft me of all my friends that otherwise would or should appear for me who am a hearty Well wisher to all Mankind but most heartily and especially to those of mine own Country the English Nation that it may be delivered from the Tyranny of Injustice and that the Law-practicers may reform and become just and good Men honestly to deal by their Clients without Covetousness From Mark-Lane in London 12th of April 1697. Kept to the 12th of July 1697. Benjamin Albyn A True NARRATIVE of the Unparallell'd Grievances c. HAving lived to near the top of the Mount of Man's Age in great trouble and sorrow I will now hope for a Year of Jubilee before I begin to step down on the other side of the Mount And therefore having brought mine Appeal to His most Gracious Majesty I do now set forth my Grievances in the Narrative following that so it being duly considered how much Evil Mr. Moyer's Malice hath brought upon me some Recompence may be made and I Relieved and Justice being done I may most heartily pray God to forgive him and all my Enemies and the King's Throne may be established to him and his Posterity throughout all Generations The Worshipfull John Jollife deceased having bin Partner in Trade and Merchandizing with my Father many years before I was born and so continued many years after I was sent by them abroad into Turky which was in the Year of Our Lord 1668 when my Father being much troubled with the Stone and Gravel in his Kidneys did very much desire to part their Stocks To which proposition although for a long time the said Mr. Jollife was very much averse yet my Father alledging that his Body was infirm and not likely to continue long and that I being grown up and gone abroad in the World 't would save much trouble and imbroil with Executors He was at last prevailed with to part and in April 1676 which was but the Month before he died my Father did write to me that he had then just finished and ballanced their Books and appropriated each Man's Right to his proper Accompt But all the while which was some-time near seven years in doing Mr. Jollife having married his eldest Daughter to Mr. Samuel Moyer was very peevish and contentious in his Correspondency with me insomuch that I often desired him to imploy and send his Business to some body else but could not prevail with him untill my Mother did importune him and then he did it with as much unkindness as possibly he could being after my Father's death most industriously incensed against me by the said Mr. Samuel Moyer who was very jealous and fearfull of his Father-in-Law's having too good an opinion of me and this I have the more reason to believe because before that his Marriage I am very confident I never had so much as one syllable of an unkind word from him or an unkind look in Twenty years that I was in a manner almost daily with him unless in the time of my Nurture and School-education before I went abroad but always very kind in his Expressions towards me But after my Father's decease Mr. Jollife being grown old and feeble and decrepid as I have been told Mr. Moyer made use of the opportunity to make him believe any thing and did accordingly perswade him that I had sent him home Grogoram-Yarn at four Dollars per Oke not so good as what himself had received from others at 2¾ Dollars per Oke although by my Letter of Advice and the Invoice thereof 't was charged at no more than two Dollars per Oke so that he protested against me for so doing in Publick Notary and would have charged it upon me at four Dollars per Oke as Mr. Jollife himself wrote me Also he perswaded Mr. Jollife that I had kept 13272 Dollars in mine hands from him which being the Ballance of an Accompt of the Nett proceed of all
many Years forc'd to defend my self and after I had bin in some measure Righted by a Decree in that Court Three of his Counsel being afterwards made Lords Commissioners for the Custody of the Great Seal Reversed my Decree that had bin Signed and Enrolled without any manner of Reason only for to please their Client of whom for many Years together they had all received extravagant great Fees and then the most Reverend and Right Honourable the Lords Spiritual and Temporal by Reversing their Decree of Reversal confirmed again unto me my Right upon full Hearing of the Cause brought before them upon mine Appeal for which I pray God to reward them But leaving me to the Law for my Damages sustained by the said Statute of Bankrupt I have there had a Tryal with the said Moyer who being quitted by the ingenuity of a favourite Counsel and the inclinations of the Judge I was forced to pay him Costs and the Court being told by the Judge that my Remedy at Common-Law did lie only against the Lords Commissioners of the Great Seal by bringing mine Action against them which the Judge knowing very well is an unpracticable Thing unless I had a Million of Money to spend hath left me without Remedy for 't is Money and not Law that now doth the Justice in many if not most Causes and if a Man have enough of That he is sure of his Cause in any Case But as such Practices are unknown to Your MAJESTY that abominates all Injustice and such Ways of Unrighteousness so doubtless Your most Excellent MAJESTY will not allow Money to stand in Competition with and jostle Justice out of its place in Your MAJESTY's Government which doubtless Your MAJESTY desires may be a Righteous Government I doe therefore humbly make this my most humble Petition of Appeal to Your most Gracious and Sacred MAJESTY to be relieved against the manifold Oppressions I lie under by mine Unparallell'd Grievances now shewed to Your MAJESTY For having paid to the full all manner of Taxes due to Your MAJESTY which have bin required of me to pay every Penny whereof being so much more than I have gained since the Year 1690 when the said Moyer most wrongfully and causelesly took out the said Statute of Bankrupt against me I will hope for as much Clemency from Your MAJESTY being the Great Christian Soveraign and Father of this Nation as the Grand Signior shews to any manner of person Native or Foreigner that by the Turkish Laws hath bin aggrieved in his Dominions It being the Manner and Custom there in Turky for any person whatsoever that at the Turkish Law hath bin aggrieved by the partiality and injustice of an Unjust Caddee or Judge to put Fire upon his Head with which he standing in the way or but in sight as the Sultan or Grand Signior is passing along when he rides abroad As soon as ever the Grand Signior or Sultan espies the Fire he certainly and immediately commands the Man to be brought unto him and then hearing his Complaint redresses him without any delay and many times the unjust Judge is put to Death by being pounded all to Mash and squobb'd all of a Lump in a Mortar Now though such Ceremonies are not used here yet I doe most humbly hope this my most humble Petition of Appeal to Your MAJESTY may doe as well And as I am desirous to approve my self Your MAJESTY's most Loyal and Obedient Subject so Dread Soveraign I doe most humbly prostrate My self my Life and mine All at Your MAJESTY's Feet begging Pardon for this Liberty that it may be without any Offence And as in Duty bound I shall whiles I breathe pray for Your Happiness to continue and if it may be possible to be augmented in this World and in the World to come Life everlasting Amen April 12. 1697. Benjamin Albyn To the High and most Honourable THE KING's Lords Justices May it please Your Excellencies THis mine humble Appeal to God and the King being designed to be presented to His MAJESTY before the Rising of the Parliament but the Printer not being able to get it ready in time and His MAJESTY being gone out of the Land I therefore thought I must had stayed for His Return but the Outragiousness of one Sir Richard Blackam admits no delay being such as by force to seize and take away my Goods in the stead of paying me Money and restoring unto me sundry Notes for sundry Thousand Pounds which in Kindness only I had accommodated him withall For Sir Richard having contrary to all Agreement with me by sundry Arrests forc'd me to a Refferrence unavoidably and I having accordingly made choice of one Mr. John Freeman to be a Refferree for me against one Sir Alexander Rigbey a Refferree Sir Richard had chosen for himself who thinking fit to go off without effecting any thing in the matter Mr. Freeman became sole Refferree and Sir Richard having smiled upon and insinuated himself into him he did not at all consider me or my Case notwithstanding I gave him caution and told him how that Sir Richard would Wheedle a Thousand of him and me neither would Mr. Freeman regard any thing I could say for my self but plainly told me when I spake to him any of the Things material for me sometimes I doe not mind That and at other times I doe not regard That and became so wholly enclined to his Interest as to Award me to pay him 380 Pounds in the stead of making him to pay me 1018 Pounds without giving any manner of Reason for it but only said when I asked him the Reason I doe not know so it is and I can doe no otherwise and if you were in Blackam's Clothes you would doe the same Things that he doth And afterward became so very hard upon me as to make me give him Security for my complyance with his Award by causing me to order my Correspondent at Alleppo to consign unto him some Goods of mine of greater Value and afterwards Sir Richard Blackam refusing to doe his part which was easie being only to deliver up my Notes upon Oath because lent him in kindness only and I did not nor doe know how many they were or for what Summs the Award became void Yet afterwards to please the said Sir Richard as I believe because Mr Freeman told me himself Sir Richard had sold him my Goods for 50 l. less than he was to allow me for them which was scarce half their Value as then worth for he would needs perswade me to sell them at very low Rates to Sir Richard and make him a Bill of Sale of them and in the stead of my Notes laboured vehemently with me to take Sir Richard's Bond And because I refused so to doe he did in his Rage tear the Bill of Sale he had appointed and swore in those very Words BY GOD I WILL NOT CONCERN MY SELF OR MEDDLE ANY MORE WITH THE MATTER Whereupon as I thought it