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A88846 Deceptio intelectus & visus. Or the lawyers vviles unmasked Being the plain innocent mans path-way, for a speedy end at a cheap rate, in any perplexed or troublesome cause, without multitudes, or any bauling or wrangling lawyers to obscure the truth, by their jeering, and endeavouring to daunt all that shal speak either as partee, friend, witness or otherwise; which hath been too common. By Edm. Leach, of London, merchant. Leach, Edmund, 17th century. 1652 (1652) Wing L767A; ESTC R230379 17,520 64

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Deceptio intelectus Visus OR THE Lawyers VViles VNMASKED Being the Plain Innocent Mans Path-Way for a speedy end at a cheap Rate in any perplexed or troublesome Cause without Multitudes or any Bauling or wrangling Lawyers to obscure the Truth by their Jeering and endeavouring to daunt all that shal speak either as Partee Friend Witness or otherwise which hath been too common By Edm. Leach of London Merchant To all Impartiall Readers and especially those who have been are or are in danger to be in such or the like Cases hereafter Related HAving been severall times a Traveller in that part of America called New-England and there finding most Causes of all sorts brought to a speedy and just End at small charges and trouble in some Courts for 2s. 6d. others for 3s. 4d. and the highest for 10s. without having any Lawyers by their Art to make the Cause seem difficult The Court consisting of several Magestrates would examine all Witnesses thereby to finde out the truth and if any should speak for his friend and aver any thing which he did not know to be true or could not prove he would be lookt upon as one that would discredit any business that ever he should appear in for time to come and the very worst of men there would shun his company And now of late coming into my Native Country and finding one neerly related unto me to be much troubled turmoyled wasted and dis-abled in his Estate by perplexed and tedious Suites which I finde have been of 23 years continuance at least I thought good after I had looked into the Causes and finding them just and conscionable by Records and severall Depositions of many honest credible Witnesses and severall other materiall proofs to undertake the prosecution of those Suites to a period hoping here where hath been accounted the best Laws in the world to be made and exercised before corruption crept in and especially in those times of expectation of the most speedy and best Reformation of Religion and Law in the world I doubt not although the Petitioners Petition by reason of some defects and mistakes is laid aside But that after the Petitioner shal have a Petition new drawn with amendments and Additions of Matter in a new Petition to be done by Council Learned and honest to see or hear of the matter to be again resumed and full and speedy justice done as anciently hath been without any Rubbs by reason of any forged falshoods or cavilations of any long winded Lawyers whatsoever But after I had undertaken the same and found such windings and turnings among them far beyond any Foxes or Juglers that no honest man is able to deal with them in the way of their Trade Therefore I have thought it convenient and necessary not onely for the satisfaction of my friends present and absent when I encountered with some such Lawyers but of all o-others who be shal or may be so perplexed and for a president of prevention for them to publish this particular Case to the world that all may judg whether I have cause to repent of what I have done in standing against some of the great ones of the world in a just cause or go on still in my prosecution the which by the help of the Lord I am resolved to do except I see better reason to the contrary then yet I do hoping that some of the honest people of this Nation will joyn with me in petition to the Supream Authority the Fathers of the Commonwealth for making a Law for Redress of such like Grievances in the future which to be effected is the desire of him who is a Hater of Unrighteousness and Injustice and a Lover of plain down-right dealing Truth and honesty E. L. The state of this particular Case in these Suits stands thus THe Petitioner before mentioned is Henry More at the Common Law Plaintiff against Thomas Wright And the said Henry More in Chuancery Defendant at the Suit of T. Wright Henry More at Common Law Plaintiff against Sir John Lenthal The same Henry More in Chancery Defendant at the Suit of Sir Jo. Lenthal Also the said H. More in the then Kings Bench and London in several Suits Defendant at the Suit of the said Sir Jo Lenthal The said H. More in Chancery Plaintiff against Mary Wright Administratrix of T. W. Also the said H. More in Chancery Defendant at her Suit And now H. More in Parliament Petitioner against Sir Jo Bramston and Sir Thomas Malet Kts. First I shall set forth the Petition to the Parliament which followeth in these words viz. To the Supream Authority the Parliament for the Common-wealth of ENGLAND The humble Petition of Henry More Merchant Sheweth THat your Petitioner having Judgment against one Thomas Wright for 7007 li and 1 s. and having him in execution for the same in the Custody of Sir John Lenthall Kt and the said Sir John suffering the said Wright to escape Your Petitioner brought his action of debt against Sir John Lenthall for the same and filed his Declaration in Hillary Term the 2 of February 1641. at which time the said Wright was escaped and at liberty And by the Rules of the then Kings Bench where the Judgment was had and the Action brought Judgment was to be entered according to the Rules of the said Court But to prevent the same Sir John Bramston and Sir Thomas Malet Kts ordered your Petitioners Declaration to be filed as of Easter Term 1642. by which time the Prisoner was dead And by those Orders your Petitioner barred from his Judgment due and all proceedings upon that Declaration filed as aforesaid and defrauded of his Debt and made remedles except only against the said Judges who made the said Orders contrary to Law and Equity and to your Petitioners utter undoing The Premisses considered and for that your Petitioner hath no remedy herein in any Court of this Nation or otherwise but by this Supream Authority as he is advised by many learned Counsel May it please your Honors to take this matter into your serious Consideration and order the same to be examined and your Petitioner relieved as your Wisdoms shall think fit And your Petitioner shall pray c. To the Petition the Judges made their appearance upon the 29 of Sept. 1653. and made a long and tedious relation impertinent to the matters in question Thereupon the said Committe made an Order in these words following Thursday Sept. 29. 1653. At the Committee for Petitions UPon hearing of Sir John Bramston and Sir Tho. Malets Answers this day to the Petition of Henry More Merchant it is ordered That the sixth of October next be appointed for a further hearing and examining the matter of Fact upon the said Petition the Petitioner is then to prove That his Declaration mentioned in his Petition was filed in Hillary Term 1641. That the said Sir John Bramston and Sir Tho Malet ordered the said Declaration to be filed in Easter
was taken from him by force or as he hath often said robbed of it And an Issue of per minus being entered and thereupon Wright being informed that he was in danger notwithstanding the Bond was taken from Mr More he caused the Lord Keeper several times to have the decretal Order signed that he might have a Decree made and enrolled thereupon But his Lordship being informed as it is proved in another Suit in that Court concerning the same matter that the subornation and perjury of the Viva Voce Witnesses was publique and that Wright had boasted much of the said Order and told it about that he had now accomplished his end although it cost him dear near about two thousand pounds and that one of the Witnesses were run away * and that the other was sound a common Cheat and Swearer for mony and otherwise a haynous Offender the Lord Keeper never did but refused to sign the decretal Order so highly esteemed of But let the Gentleman consider of these lines and say what more he please and he shall hear surther from me And after the death of the L. Keeper C. it was several times moved before the Lord Littleton to be done besides other things inconvenient But Wright and his Councel were denyed after they had put Mr More to great charges long attendance trouble labour and travel In Hillary Term 16 Car. Rex after a verdict before the Lord Chief Justice Bramston Mr More obtained a Judgment in the Court of Kings Bench upon the Issue before mentioned being for 7000 l. upon the Bond with damages and costs And in Michaelmas 17 Car. Rex Wright was charged in execution for it in the custody of Sir J. L. then Marshal c. And Wright being so in execution offered to Mr More 2000 l. and security for the residue of the Debt all the same appearing to be due by the proceedings in Chancery under the great Seal of England But before any part thereof was satisfied Sir J. L. suffered Wright to escape out of execution Mr More in Hillary Term 17 Car. Rex ten days before the end of the Term caused an Action of Debt to be brought for the Debt and Damages and then filed a Declaration against the said Sir J. L. for the same and he to deprive Mr More of his Debt and remedy for the same in Trinity Term 18 Car. Rex only by Affidavit deposing that he had not a copy of the Declaration delivered until Easter Term and that he had retaken Wright in the Vacation before Easter Term then next before notwithstanding that Mr More had several Rules against Sir J. L. for Iudgment upon the said Declaration so filed he the said Sir I. L. in Trinity Term 18. although he had before promised to bring in his Plea and failed having taken warning for tryal procured an Order to be made by Sir Jo. Bramston and Sir Tho. Malet in open Court the first and confirmed the second day that the Declaration filed in Hill Term 17. Car. Rex should stand filed as of Easter Term 18 Car. Rex upon the motion of Mr More by his Councel against it by which motion cause was shewed to the contrary And for that Mr More being advised that that Order if it should stand would deprive him of his Debt several times moved in Court and otherwise and moved those Iudges to alter the same but could not prevail and that notwithstanding the earnest solicitation of Mr More for his judgment of the Court above four years to his great expences travel and trouble after about 15 Orders made in the Cause the said Order was confirmed And the said Sir J. L. made a great bussle in the Chancery exhihiting his Bill there and setting forth all the lyes and scandals in the said Bill of old Wright mentioned which were forged and feigned as aforesaid And notwithstanding Mr More denyed the same in his Answer and made it appear in the proceedings and proofs in the Cause of the Widow Wright Administratrix of the said Thomas Wright concerning the matter in question which was dismissed and by his proofs in the Suit wherein he obtained a Decree in Chancery against her Sir J. L. obtained an Injunction at the Rolls before his Brother which after before the Lords Commissioners was ordered to stand dissolved unless Sir I. Lenthall would confess a Judgment of 7007 l. and 1 s. at the Suit of Mr More and to reserve what Equity would afford which was principally ordered upon the pressing of Mr William Okeham Soliciter for Mr More for the dissolution of the Injunction after Councel had given it almost over but after the Injunction was so moved to be dissolved and pronounced by the Lords Commissioners Mr Newdicate one of the Councel for Mr More moved further for a release of Errors which was also assented to by the Court and ordered or otherwise the Injunction to stand dissolved And before or after Sir I. L. had obtained the Injunction to be granted or continued by the Speaker which was after damped by the Lords Commissioners unless c. Sir I. L. never to this day confessed any Judgment to or at the Suit of the said Mr More nor gave unto him any release of Errors and therefore from that time to this the Injunction standeth and remaineth dissolved Yet notwithstanding the Judges layd that as a stumbling block in the Petitioners way and before * Sir J. L. to disable Mr More of prosecution for the escape arrested him upon an Action of 1000 l. in London and having no cause of Action against him neither did nor durst declare nor proceed after he had forced him unto and perceived that he could and did put in good bayl And Sir J. L. threatened the like also to Mr Okeham Solicitor for Mr More and had Officers employed for that purpose who told Mr Okeham if he would not leave being Solicitor in that Cause he would be undone But after Sir J. L. being taxed for it in the Court of Kings Bench he denyed it although Mr Okeham proved it and made Sir J. L. sware that he had no action or cause of action against him the said Mr Okeham And that also Sir I. L. conceiving the Friends of Mr More who would bayl him to be out of London caused him to be arrested upon an attachment of priviledg * at the Suit or him the said Sir I. L. being difficult to put in or find bayl to and required and demanded bayl thereupon for 2000 l. which Mr More was constrained unto and by chance did provide and put in bayl I my self being one and provided the other And after that Sir I. L. declared against Mr More for words that is to say that he had a Judgment against him for above 7000 l. and after surceased proceedings thereupon because it appeared that Mr More had such a Iudgment against him the said Sir I. L. and therefore Mr
in vain by impertinent and untrue repetitions until the night drew on purposely to weary out the Committee and those that stood about them and to bring into and leave the Cause in a sog raised from the mud and Jakes houses at S. Katherines that it might never be found again all which matters used by him I could and would have answered and cleared on the Petitioners behalf and left his first old Chancery Clyents in the Mists Mazes and Labyrinths into which he imagineth hee hath driven the Petitioner whom I doubt not but cleerly to bring out And as for the Language he said concerning me I shal say but little but that I say shall be truth only and not any knowing untruth and I will not willingly take or detain any thing of any mans against his will which I shall not deserve nor disclose any thing of any mans that wil trust me wch shal prejudice him but as I have so I hope I shal in a conscionable way by the Lords help maintain my self and family without taking any such course as to take money of men and so cause them to let the whole weight of their Causes lye upon me and never come to perform that which I was hired to do by which it may be a whole family is ruined nor keep the money and papers of a Clyent eight or ten dayes by which time I might pick out what I could and then send all back again the day before Tryall and turn to be council on the other side neither ever was it my trade to study how to daunt all that should speak either as Partee Friend or Witness thereby to pervert Justice and cause Righteousness to be carried out of the true channel And after the Gent. had cavilled what he could against the Petitioners proofs and made what he could of the slender testimonies on his Clyents behalf then to stave me off before I could have time to reply to what untruths were alledged for further to any impertinent or flourishing cavillations I neither then did intend to speak to trouble the honorable Committee or company about them nor now to spend writing and paper in vain but because words presently go into the ayr and vanish on a sudden and so may not be remembered by many of the parties present when they were uttered and so to be accounted of some validity against the Petitioner whereby the Petition did not take effect as some of the Petitioners adversaries have boasted though what they said or urged against the equity or lawfulness of the Petitioners Cause was of no more force against it then a feather in the wind But I finding the Petition ready drawn and conceiving the Petitioner had had it viewed by Councel I obtained it to be read before I shewed it to any Councel some of whom afterwards informed me that it was defective upon which as I beleeve the proceedings upon the same are stayed yet I hope upon a new Petition to be well drawn by advice of Councel if I can procure any the matter of the first Petition supplyed with other will be resumed again and the Petitioner have relief therein But because my Acquaintance should not think the Cause quite lost until it can be set right again I shall first repeat the effect of the worst that was said against the Equity of the same * which as I take it was that the Bond of 7000 l. upon which the Judgment was obtained was gained by fraud and circumvention by inticing Wright into a room or chamber in St. Katherines having a privy-house or trap-door hanging over the Thames and there forcing him to seal the Bond without consideration * And that thereupon the Lord Keeper Coventry decreed the Bond to be delivered up to be cancelled which never was but the Bond violently taken from More in open Court The truth of the matter hereafter-followeth which Mr Maynard speaking largely at the Debate before the Committee seemed to take notice of saying That it was an Infamous Cause and that he knew it being acquainted therewith all along and at the beginning and that it was the foulest Cause that ever came under Westminster Roof which indeed had been so if all the lyes which Wright put in his Bill and all that the Lawyers have said had been true A Bill indeed was exhibited against Mr More and his only Witnesses to the Bond which were three by Wright in Chancery in the sixth year of Carolus Rex and therein was alledged * That Mr More did draw and entice Wright into a Tavern in St Katherine into a Room at the foot of the stairs of which was a Trap-door hanging over the Thames and that money being payd to Wright by More which Wright pretended More owed him through fear Wright sealed and executed the Bond in question * Mr More and his three Witnesses the other Defendants answered and denyed all practise and circumvention but said that the Bond upon payment of money by More to Wright * was willingly and freely sealed and executed and that Mr More parted from Mr Wright lovingly from the house where he stayed behind above an hour after and seemed very well pleased Some Witnesses were examined on the behalf of Wright but spake nothing to the matters in question Yet he obtained a hearing in the Cause about two or three Terms after his Bill exhibited at which Mr Noy being one of his Councel said to the said Wright he could not help him and the Lord Ke●per Coventry said that he found no cause of relief for Wright but ordered That Breefs should be made of the Cause on both sides the one to avoyd the Bond and the other to support it and then he would hear the Cause again upon the Breefs Mr More thereupon caused Breefs to be made and feed divers Councel about the business against another hearing which he expected But afterwards out of all course the L. Keeper Coventry sent for More to attend the Court with his Bond and he attending with it there the Lord Keeper having other Judges with him unacquainted with the former proceedings heard two Viva Voce Witnesses the one named Robert Wallis the other Francis Waleworth one of which afterwards confessed that Wright gave him 50s to swear for him and had promised to give him 50s more the other stood convicted at Newgate for a Cheater and otherwise a grievous Offender * And thereupon in the presence of those Judges so unacquainted as aforesaid and sitting still and saying nothing the Lord Keeper made a decretal Order * That the Bond should be delivered up to be cancelled and commanded More to deliver it up in Court which he refused then by command of the Lord Keeper Coventry violent hands were layd on Mr More and his pockets rifled and all things there taken out and the Bond not being found there his hands in Court also were violently unclasped and his Bond being there found