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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

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before Honourable Persons as was before touched in each of them the name of the Right Honourable the Judge before whom taken being particulary remembred in giving their testimonies in brief for the Readers fuller satisfaction and further confirmation To which I might adde many more of the like Kind thirty several at least but that I here account needlesse since in the mouth of two or three witnesses each thing in controversy is and ought to be confirmed and here we have not only witnesses but ipsos fatentes reos the persons concerned in the forgery either ignorantly or knowingly drawn in thereto upon Oath confessing against both themselves and one another which is a testimony as firm as can be desired or expected I shall now speak a little more particularly to the Statute of Bankruptship sued forth by Read in the name of Dun against Dawson and firmed by Commissioners pickt and packt for the same purpose only to discharge Read from paying any monies to Dawson whose just debt upon a legal recovery was upward of 800l For taking forth and granting or affirming the same Dawson brought his action against Read and those Commissioners his Confederates and upon Tryal in Jan. 1660. recovered against them 500l notwithstanding which upon an Affidavit of Reads read openly in the Court at the Kings Bench Bar a motion was made to have a second hearing which was had by the consent of both Plantiff and Defendants the Hillary Term following where Read according to his old wont procured in readinesse four several witnesses to swear Dawson a real Bankrupt viz. Thomas Wigge one of Honest Sir John Lenthalls Engineers a villain so notorious in that kind that if in any Case where he is well paid his Evidence come short that is be not sworn home enough blame the Lawyer that gave him not better and larger instructions and not him who wants only to be informed what manner of Oath will serve turn then as for performance let him alone for one The second Jacob Wragge servant to Read one who had learned so much of his Masters qualities that no wise man can trust his Word or believe his Oath the third Robert Coghill a neighbour to Read who by this hopeful beginning gives great assurance what a compleat Knight of the Post he may prove in time if he continue the acquaintance and follow the direction of Read the last Thomas Adamson formerly a Clerk to Read who it seems still wants his help at a dead lift knowing his abilities though at present he hath left his Service These four being pre-instructed could if occasion had required have sworn any man of dealing in England a Bankrupt for to give them their due in their depositions there wanted nothing but Truth Malice enough and Formality sufficient with a home shot to reach the mark aimed at by Read their Tutor who put cruel words of falsehood into their mouths and told them what manner of Oaths would serve his turn and they accordingly swore as dangerously desperately and resolutely against the Credit and Reputation of their innocent Neighbour whom some of them knew not others very little all of them knew certainly that what they swore against him was absolutely false and so God by his providence hath plainly since discover'd it to be to the great shame of those poor perjured wretches but most especially of that Monster who suborned them to doe it as he had done others often before For which wilful perjury palpably now detected these four abovenamed stand indicted at the Old Bayly in London by Dawson who doubts not but to have them brought to Condigne and Exemplary punishment Thus have I in brief decyphred out to you a great Monster in villany as in a Landskip given you a large volume of Roguery contracted into an Epitome a short narrative of what to his cost and trouble Dawson who hath still been the sufferer hitherto hath felt for these many years to the ruine almost of his Wife Children and Family and whose Case or Lot may it not be next nay who can escape for future if such Villanies be countenanced as they will be if not prohibited and severely punished to the terror of others It is reported of a Bravoe that he would vauntingly boast how he had at his beck ready an hundred to swear for him an hundred to fight for him and an hundred more to supply him with money The thing though I cannot affirm the number is most true of this Read who as for swearers hath made his boasts that he is so provided with a stock of them as never to fail in any Case and that his manner of dealing with such Knights of the Post is suitable to that of the Dutch before a Sea-fight with their Marriners viz. to give them 20 or 30 glasses of Sack just before they come upon their Oaths then quoth he they are fit to serve my turn and swear resolutely bravely and boldly without making the least scruple of any thing that is told them makes absolutely for the good of the Cause depending to have it sworn either thus or otherwise And for fighting or rather maintaining his quarrel 't would make a man blesse himself to see prodigious Villains so favoured before one that mannageth a Cause as just as Justice it self having been so often determined just by the reiterated Sentences of common-Common-Law Commissioners for Equity c. How did the honest Master of the Rolls Speaker to the reforming Rump endeavour to entrap Dawson in favour of Read How was Read with great charge brought into a Prison where he deserved to lye till death yet Presto be gone Sir discharged forthwith and Dawson brought in upon a large Scroll of Fob'd Actions to keep the other and such as he procured to commit Perjury wilfully and maliciously from Condigne punishment How ready was the Sheriff of Norfolk to Execute a Writ upon a forged Warrant for Judgement against Dawson and yet knew it to be so using this expression He would Execute 1000 the like if they were brought to him and Goods of Dawsons to be found in his Balywick yet how loth nay absolutely unwilling to Execute a true Writ upon a Judgement justly recovered in Court after the discovery of a pack of Roguery against Read though oft in his Company nor would be perswaded to make return of the same till Reads Cockatrise Eggs of Villany were hatched How have the Gaolers and their fetting dogs complyed with this perjured Monster and his Confederates to ruine one in defence of the other Portington a Condemned Debtor to Dawson and Prisoner to Sir John Lenthall in Execution having liberty to choose whether he would live in restraint or no and Read cast into Prison for Perjury and Subornation thereto Forgery personating other men and taking upon him their names not without great cost and charge to the Plaintiff yet he in short time let out upon inconsiderable Bayl though Dawson wrongfully imprisoned upon feigned
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
false Actions maliciously brought against him to hinder his prosecuting these so abominable Villains hath not liberty to remain in one prison but is tost like a Curr in a blanket from Gaol to Gaol to a vast expence of monyes nor without danger to his person being this present Term removed from the Fleet where he was so happy as to be free from grosse incivilities to the Kings Bench where the Keeper Sir John Lenthall for a base bribe hath injustly yet much like himself and his Brother the Quondam Ravenous Master of the Rolls suffered Portington a Prisoner in Execution at his Suit to have free liberty these many years to the defrauding his greatly oppressed Creditor and his extraordinary dammage and is now become a deadly Enemy to Dawson because he Sues him for an Escape I might be large here but that I study and must affect brevity In a word then to close this sad discourse concerning this bad Subject I wish only that the effect and tendency of such practises would be seriously weighed which is no other than the total subversion of all our Laws and destruction of civil policy for if all that is recovered by legal processe may be so evaded and detained from the Plantiff and Costs multiplyed by vexatious after hearings his Estate pluckt away violently by forged Judgements and these proved true and real by wilfull perjury till the party thus wronged hath not monyes left him to prosecute such injuries or to make a motion in Court yet when this is discovered and openly made to appear the parties doing the wrong be not curbed and discountenanced what hopes can an honest man have for future in a just and righteous Cause well then may we cry out with the Philosopher fiat Justitia aut ruet Coelum Willingly could I now throw aside my pen but that more injuries compel me to a farther complaint From relating the Villanies of an Attorney I would next proceed to match him with a pair of as great Villains as himself in his own profession viz. a Sollicitor and a Counsellor which three if the Devi● had a Cause to be prosecuted he could not be better fitted with a leash of Lawyers But before I come to a survey of their Villanous actings I shall relate a short particular Case which for ought I know hath no relation to any of the rest but was carried on by the Conscientious Master of the Rolles and a Kinsman of his as very an honest man as himself to the Dammage of Dawson at the least 2000l About the year 1649. Dawson Commenced a Suit with Mathew Binkes a Grasier for a great summe of money which he injuriously detained from him and by Law recovered 805l and had Judgment entered for the same Binkes brings his Bill for relief in Chancery whereupon after a tedious Suit and great Expences the Commissioners for examination of witnesses sitting above a hundred and eighty miles from London at last the cause came to hearing before the honest Speaker William Lenthal at the Rolls who perswaded Dawson to referre the matter to a person whom he should name promising to name an honest indifferent man a stranger to both their persons and the Cause but scorning to be as good as his word nominated a Kinsman of his own by name John Nabbs whose Son was Sollicitor in that Cause against Dawson for Binks and pleaded it before his Father so effectually that Nabbs gave away the Judgment of 805l from Dawson and moreover ordered him to pay 44l 4s 6d costs to Binks a strange order which could not be expected otherwise considering how it was brought forth for neither Dawson or any friend of his for him was present or heard but only Binks and such who spake on his side the chief of whom was Nabbs Son a Sollicitor retained by Binks Nor was the Judgment only given away but Dawson ordered to acknowledge satisfaction for the same upon Record which he refusing appealed to the then Lords Commissioners Lisle c. who without proofs or allegations ordered Dawson to be committed Prisoner to the Fleet until he submitted to perform the order of Nabbs whom the Master of the Rolls had impowered to hear and finally determine that Cause without appeal Nabbs understanding that Dawson questioned his decretal order in a most unjust revenge further ordered 180l more to be paid to Binks for costs which payment Dawson refusing a Serjeant at Armes was commanded to seize and imprison him till he did acknowledge satisfaction on the Judgment for 805l pay the first 44l 4s 6d and the other 180l awarded for Costs and give a general Release never more to question Binks Now the injustice of Nabbs decree may easily be evinced for that the Master of the Rolls before Dawson consented to the reference proffer'd to give him by decree 380l taking the rule of those Consciencious Jurors who at a venture hang half and save half which Dawson refusing as unjust and too much damnifying him at last consented to a reference where such a Referre was appointed by Lenthal who gave not only the judgement away wholly but above 200l more for imaginary costs refusing to hear any testimony on Dawsons side but perremptorily binding him up to his determination upon pain of imprisonment to avoid which Dawson was a long time hunted from County to County by the Officers of the Fleet and at last finding such a fugitive life to tend to his absolute ruine he was enforced to submit to this monstrous piece of injustice not seeing then any hopes of remedy Lenthal being a man so powerful and Nabbs supported by him that not to yield to them then signified nothing else but present ruine they being able to crush at their pleasure whom they listed He that knows the manner of dealing of the Master of the Rolls may give a shrewd guesse at what it cost Binkes to purchase this piece of injustice who thriv'd so well upon it that he who then was visibly responsible for such a debt trebled is now as far from being master of a tithe of such a summe as he was then from honesty from whence may be concluded undeniably that at the long runne honest dealing will prove the best policy And now I am at leisure to take notice of and lay open the injuries wherewith I have been and still am oppressed by the procurement of two Lawyers a Counsellour and a Sollicitor Brothers in Profession Name and Villainy Francis Lutterel and Edward Lutterel who both write themselves of Grayes-Inne but their practises have been so basely foul and grossely corrupt as may justly be the shame of all the Innes of Court which I hope will shortly spue out such I will not say Villains because they are Lawyers but who are the scorn and shame of the long Robe Edward Lutterel who prectiseth as a Sollicitor was in that Capacity emp●oyed by Dawson for several years who was indeed the chief means o● his sustenance for that time he having not