Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	defendant_n	plaintiff_n	1,918	5	10.3007	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37282	The humble addresse and remonstrance of Richard Dawson gentleman, now prisoner in the Fleet To the Right Honourable Lords and Commons in Parliament assembled. With all possible submission, representing the sad oppressures under which he groans, his estate being pluckt away from him by injustice, perjury, and subornation thereto, forgery, counterfeiting his hand and seal, and other unjust, illegal unconscionable grievances; by the ... confederacy of Roger Porrington gentleman, Philip Read attorney of the Kings Bench, Edward, and Francis Luttrel, solicitor, and counsellor of law, Sir John Lenthall knight marshall of the Kings Bench, and others, set on, encouraged, and defended by them.	Dawson, Richard.	1661 (1661)	Wing D459B; ESTC R215262	24,858	36

Kings Bench where Dawson charged him in Execution upon the sore-recited Judgement and there he to this time continues a Prisoner although for many years he hath been and still is at large dwelling at his own house in Yorkshire to the defrauding and great dammage of the injured Creditor who can look upon such actions no otherwise than Cheats however seemingly backt with Colour of Law But of this I shall have cause given to speak more fully hereafter in this discourse I will now come to shew by what vexatious troubles the Condemned Defendant hath for ten years molested the greatly suffering Plantiff by which he hath been put to so much cost besides molestation that he had better have been himself Condemned in as much more money and clearly lost his debt then recovered against the Defendant that Judgement of 1297l 13s 4d For to avoid payment thereof the Defendant Portington hath not only himself endeavoured but combined with others to bring Dawson to ruine and hath effected it so far as tedious Law-Suits and Imprisonments could do the same to the Expence and Dammage of him the forenamed Plantiff more than 8000l which he can make appear and this by such monstrous courses of Villany as can scarce be believed but that the Plantiff can by many Records make out the same His first vexatious Dog-trick was when that invention of Salters-Hall was hatched for the relief as was pretended of Creditors and Debtors To these Commissioners Portington Addressed himself by Petition which was granted and Dawson Summoned thereupon to have the Case heard by them who instead of relieving the Creditor ordered only a rehearng of the Cause before themselves to which order patience perforce Dawson submitted but the event proved neither relief to Creditor or Debtor for that Court after hearing the Cause and with mature deliberation weighing the merits thereof on both sides dismist Portingtons Petition which cooled his hopes and expectation of relief and for the Creditor Dawson all his relief was that after the expence of 200l in that second hearing and Tryal several of his Witnesses living 200 miles from London besides other ways of great charge and cost he had only his former Judgement confirmed and yet as far from his mony as before This Dog-trick failing Portington was soon provided with another which was to Petition the usurper Oliver for relief against so due a debt doubly now confirmed by two Tryals in which Petition being on Record and the Copy of it in Dawsons hands to be shewed any that desire satisfaction therein Portington to his praise be it spoken who would by all means be thought a Cordial Royalist did basely and perfidiously acknowledge the Supreme Legislative Power to be in that bloody Rebel betraying both his Conscience and the Cause he pretended to maintain with design only to cheat his Creditor Dawson of a just debt so injuriously detained The Usurper in answer to his Petition ordered several references In attendance upon which the Creditor was put to a new charge of 100l or thereabout the Prisoner finding as little relief as he before had at Salters-Hall that is none at all not do I believe he ever expected relief from either only used these delatory means if not to defraud at least to retard his Creditor from getting what by Law he had recovered and by multiplying expensive proceedings although illegal to weary him out and tire his patience seeing more monies dayly thrown away after the former of which he could now have but little hopes to receive either Principal Interest or Costs of Suit Yet for all these disappointments he is not weary but since his Majesties happy Restauration presented his Petition against Dawson in the Upper House of Parliament where the Lords after several hearings thought no relief fit to be granted in the Case wherein the Law had no lesse than twice had its full and due course however his restlesse spirit hath lately prompted to him another poor shift and that is to bring an Audita querela in which he pretends an acquittance by the Act of Indempnity although he hath been a Prisoner in Execution therefore now above ten years since he was first charged therewith Howbeit although I call him a Prisoner yet thanks to good Sir John Lenthall he is one at large this Gentleman when great Rogues come to be Cannonized shall passe for a pretious Saint the rules of whose Prison where he meets with one like himself that makes no more Conscience of giving than he of taking a bribe reach as far as Constantinople some say to the East-India's by which means those who can dispense with their Consciences va●ue the Execution of the Law not a rush as particularly appears in Portington who being suffered though in Execution to live at home and sometimes for nigh three years together not to come so much as to Town hath taken up a resolution never to pay his Credit or Dawson a groat yet boasts that he can and will have his Liberty in spight of him although the hopes of Dawson are that this Parliament will take such effectual course against these kind of tricks as may truly relieve the oppressed and curb the insolencies o● unconscionable men And so at present I shall leave my first Customer of this kind and proceed to new and more prodigious Villanies acted by others but countenanced and fomented by this Portington who to secure himself in his unjust proceedings hath not been backward in the most hellish designs to act his part to the shame of those who have abetted him and his Associates who were men of Rank and Repute In the year of our Lord 1656. Novemb. 11. Dawson being then in Norfolk had occasion to make use of three hundred pounds for the manageing of his Trade which he offered to repay in London by Exchange nine days after which Sum one Phillip Read an Attorney in the Court of the Kings Bench undertook to furnish him with all in two dayes time provided Dawson would give him a Warrant to an Attorney to confesse a Judgement to him for five hundred pounds with a Defeasance for nine dayes for his better security of the payment of the said 300l which Dawson consented to Signed and Sealed a Warrant and Read also Signed and Sealed the foresaid Defeasance annexed thereto which being delivered mutually by both parties Dawson came at the time appointed viz. two dayes after to receive the 300l according to agreement but could have no more paid him then 158l which was repayed by Dawson to Read and his appointment in London by the time limited and allowed in the Defeasance yea in truth two dayes before with 15 pounds more which was lent by him to Read to be repaid upon demand upon which payment Dawson called for his Warrant of Attorney which Read at that time put off with this excuse That he had forgot and left it at his house in the Country promising the delivery of it as soon as he returned to

then delivers it to the use of Robert Dun having witnesses in readinesse who upon examination affirm that they knew neither the persons of Read or Dawson to subscribe to the delivery thereof as the Act and Deed of Dawson Upon which Warrant so given by himself he procured a Judgement to be entred and Execution taken out and levyed on the Goods of Dawson in the County of Norfolk where by a Combination between him and the Sheriff with his under Officers who knew very well the Judgement to be grounded upon a forged Warrant of Attorney before the Execution of the Writ 1000l worth of Goods were seized and sold yet valued but at 150l which Goods so under valued were bought by one John Prat whom Read procured to buy them upon a joynt account between them both Which 1000l being thus swallowed up between these two devourers and the Execution still unsatisfied more than one half in the next place Read sues forth a Commission of Bankruptship against Dawson in the name of Dun for the unconscionable remainder of the pretended Execution to sit upon which he pickt up Commissioners of his own Confederates who in a very short time after the Commission came to their hands declared Dawson a Bankrupt and discharged Read from payment of any monyes to him no other pretence of Debt being brought before these Commissioners to prove this Statute against Dawson but only the forged Warrant for Judgement as is before at large recited and testified by those very witnesses who were present at the Sealing and Delivering that Warrant of Attorney who deposed that Read whom then they had no personal knowledge of Subscribed Sealed and Delivered it in the name and counterfeiting the Person of Dawson Things being thus corruptly and unjustly carryed Dawson to prevent if possible the ruine which he saw inevitably hanging over the heads of himself and Family unlesse such villanies were redressed in Michaelmas Term 1659. made his complaint before the Judges of the Kings Bench of the fore-recited horrible Forgery of Read in his name as also of false witnesses which were suborned by him and in readinesse to swear that Dawson was the very person who Signed and Sealed the Warrant of Attorney to the use of Dun upon which complaint the Court referred the matter of fact in the Case to the examination of Mr. Herne Secondary of the same Court who upon examination of Dun and several other witnesses found that no monyes were due from Dawson to him but on the contrary Dun was indebted to Dawson in the Sum of 400l due upon Bond who had a general release from him under Hand and Seal before the forging that Warrant of Attorney by Read in his name nor did ever Dawson deal with him since as he hath confessed in the hearing of several persons To make which more evident Dawson hath now from Dun a Judgement upon Record acknowledged by himself for that same debt of 400l then due when this forgery was committed Dun having moreover confessed on his Oath that Read to acquit himself of the Judgement for 718l and 100 Marks Costs did Sollicite him to consent to and own this forgery and suing forth the Statute of Bankruptship against Dawson thereupon Mr Herne having carefully sifted the whole truth of the Case made thereof a just report to the Court who thereupon ordered a Tryal at Law and the rule was that this Tryal should be according to the Election of Dawson at the next Assizes in Norfolk or Suffolk upon a feigned Action whether the Warrant of Attorney were the Act and Deed of Dawson or no which if upon tryal the Jurors should find in the affirmative then the monyes in the Sheriffs hand made of the goods levied in Execution to be delivered to Dun but if they should find in the Negative then the Judgement to be vacated and the moneys restored to Dawson Dawson upon this order moved that the Tryal might be either in London or Middlesex where the Forgery was committed because at so great distance Knights of the post might stand for substantial witnesses Yet in this he was overborne by the Court and the Tryal ordered in one of those two Counties who because he could have it no better chose of two Evils the least and had his Tryal at Bury St. Edmonds at the Assizes holden Sept. 10. 1660. for the County of Suffolk Read making Cock-sure of the Tryal to goe on his side being at such a distance carries down the Record and with it Witnesses that knew how to swear home Dawson also knowing the justice of his Cause fearing the other should neglect it though Defendant he also carried the Record with him to tryal in case Read and Dun should not So two Juryes were Impannelled one on the Plaintiffes another on the Defendants score And although Dawson might have just cause to fear the packing of a Jury on the behalf of Read and Dun whom his former experience had taught him to be notoriously villanous yet trusting to the righteousnesse of his Cause rather than contend was content to lose the benefit of his own Record and proceed to tryal by their Jury Who being sworn upon the Case between Dun and Dawson Read who was at the charge of that Tryal and carrying the witnesses out of London as hath been since confessed upon Oath by the Plaintiff Dun and several other witnesses and may be concluded by this undenyable Circumstance that Read gave Ten thousand pound security to the Warden of the Fleet to whom Dun was then a prisoner to have him personally present at the Tryal to own the same yet this Read appears as one witness in the behalf of Dun and swore that Warrant of Attorney was a true Warrant and Signed and Sealed by Dawson to Dun for 220l which Dawson owed him although in truth Read did himself Forge Sign and Seal that Warrant as hath been already said and also made appear by Oath upon Record Having thus led the Dance he next produceth another witness like himself to confirm his testimony who went by the name of William Holmes which name also was so subscribed to the Warrant of Attorney but that person being dead this Counterfeit swears positively that he was the same William Holmes who subscribed his Hand to that Warrant of Attorney which he upon Oath said was Signed Sealed and Delivered by that same Richard Dawson who was then Defendant in that Cause But it was discovered in Court that this pretended William Holmes was indeed Isaack Harding a Scrivener now and for thirty years last past dwelling in Swan-Alley near Holborn-Bridge and was hired by Read for the Sum of 45s paid him in hand by his appointment besides what was promised him afterward to make that desperate Oath which he knew to be false in every Circumstance of it Now how God was pleased to discover the falshood and perjury of these Villains whose feared Consciences durst attest his Divine Majesty so solemnly yet so falsely it

Norfolk but not performing his word Dawson made several times other demands of the said Warrant but had for answer It was lost Yet before several persons of Repute and Credit Read acknowledged himself fully satisfied by Dawson and nothing to remain due to him from the same However Sept. 12 1657. Read having privately without the least knowledge or suspition of Dawson entred that Judgement took out Execution upon it against the goods of Dawson and by virtue thereof did levy in the County of Norfolk to the value of 700l and after sent one Thomas Hide into Huntingtonshire who by his order without Writ of Execution or any other Authority but his direction took away 47 fat Bullocks worth 200l and sold them nor content with this he in the same year and month in the County of Norfolk at a place called Wallpool in Marshland did by Colour of the said Execution seize of the proper goods of the said Dawson viz. Hay in Stacks and Reecks to the value of 500l which though he had no power to condemn and dispose of yet he detained by colour of his own Execution till he could and did procure one Robert Dun by a pretended Execution to Levy the same and sell it Upon which illegal abuse Dawson made complaint to the then judges of the Kings Bench in those dayes called the Upper Bench by whose order Read was committed Prisoner in the Custody of Sir John Lenthall but by favour of some of his Fraternity forthwith had his Liberty which he imployed so well that before the end of the same Term he procured one Disney to commit wilful perjury with intent to overthrow Dawson in his most just cause he when Read first moved to him that he should make such an Oath replyed Master I know no such thing who then swore by his Maker that unlesse he would make that Oath as he directed him he was utterly undone so partly by importunity partly by promises he procured the said Disney desperately to swear against his own knowledge Whereupon Dawson endicted Disney for this perjury and this Master for subornation thereto since which Disney's Conscience accusing him he hath confest to several persons of worth and repute that his Master Read would never permit him to be at rest till he had perswaded him to make Oath of such things of which he had not the least knowledge For which Cause in Easter Term 1658. Dawson filed a Declaration in the Kings Bench against Read who did and still doth practise there as an Attorney upon the Case in a special Action which the first of July he brought to a Tryal and recovered 700l dammage besides costs of Suit 18l for which the following Michaelmas Term he had Judgement and Execution granted thereupon against the person of Read which Writ being delivered to the Sheriff of Norfolk the businesse was so jugled between them that although Read was often in the Sheriffs Company yet he was not taken in Execution nor would the Sheriff at the instance of Dawson return the Writ for several Terms and at last returned a non est inventus thereupon when Read during the time of detaining this Writ without Execution or Return had embroyled Dawson in a tedious and chargeable Chancery Suit which because of its Exemplary Injustice and Corruption discovered in the manageing thereof shall be particularly here set down Not long after Dawson had got against Read this Judgement and Execution the Defendant sues for relief in Chancery and serves Dawson with a Subpaena to that purpose and proceeds the Vacation following to examine witnesses and by favour with the Master of the Rolls William Lenthall procures the cause to be forthwith set down for a hearing in Easter Term suddenly then following 1659. which Term being adjourned the Cause was again set down for hearing at the Rolls the 9th of June following where as soon as it was opened by Reads Counsel Lenthall the Consciencious Master of the Rolls called for Dawson and in seeming familiar friendship told him he would make a bargain with him viz. that Read should within two dayes pay him Four hundred pounds and the differences between them made up and fully ended thereupon to whom Dawson replyed his debt was 718l in recovery of which it had cost him no lesse then 500l When Lenthall saw that this bait would not allure Dawson to bite at it who had sufficient former experience of his corrupt basenesse and dissembling villany as before the Close of this discourse shall be discovered in another case he then demanded of Reads Counsel if they could produce any Presidents where relief in Equity had been granted in the like case after recovery Judgement and Writ for Execution who replyed there were several Presidents upon which answer Lenthall put off the hearing till the 18th following of the same month against which time he willed them to have those presidents in readinesse and then he would determine the Cause but in the mean time tyed up Dawson not to take Read in Execution the appointed day for hearing being come upon reading the first president Lenthall told them plainly it made not at all for but against them but he had since the last hearing Considered of the Cause on his pillow and so forthwith without farther hearing Counsel on either side ordered them to go to a new Tryal at Law after which he would reserve the Equity to himself but in the mean time Read should not be taken in Execution with which orders Dawson being much agrieved Petitioned the then Lords Commissioners of the Great Seal as they were called complaining of the great injustice he suffred thereby in answer to which Petition they granted him a rehearing before them upon which Counsel having spoken on both sides they dismist Reads Bill and discharged the several orders made by the Master of the Rolls with costs to be taxt by a Master of Chancery which were accordingly taxed at an hundred marks Whereupon Sir John Lenthall one of the Rebel Olivers mock Knights Son to the Master of the Rolls being at that time a Member of that thing then called a Parliament seeing Read thus left to the Law notwithstanding his honest Fathers devices to obstruct the same gives him his protection during the sitting of that Convention Read finding himself thus countenanced by the Master of the Rolls and his Son for which as himself confesseth it cost him three hundred pounds thinks he is now armed Capape for any villany and having a prodigiously villanous wit goes thorow stitch to the purpose and thus performs it First he perswades and prevails with one Robert Dun that he might make use of his name at his own charge and costs to confesse and enter a Judgement against Dawson for the Sum of 350l upon which grant Read as representing the person and taking upon him the name of Richard Dawson forged the foresaid Warrant of Attorney Subscribes and Seals it as if himself had been the person of Dawson and