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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	king_n	time_n	3,467	5	3.5652	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 Concernmen● and Profit wherefore the Author hath been at this charge of Printing it Who riseth up with me against the wicked Who taketh my part against the evill doers If the Lord had not helped me my soul had been put to silence Wilt thou have any thing to do with the stool of wickedness which imagineth mischief in the Law Mr. Tindalls translation Psal 94. If a Ruler hearken to Lies all his servants are wicked Prov. 29.12 None calleth for Justice nor any pleadeth for truth they trust in vanity and speak lies they conceive mischief and bring forth iniquitie Esay 59.4 Of false Judges assigned King Alfred ordained such Judgement that the wrong they do to God whose Vicegerents they are and have conusance to judge Offenders that first they be judged to make satisfaction to those they have hurt that are parties Plaintiffs The Book called The Mirrour of Justices pag. 207. LONDON Printed for the Author 1655. TO HIS HIGHNESSE O. CROMWELL Lord Protector of the Common Wealth of England Scotland and Ireland And to His Honorable Councellors and Assistants O. CROMWELL I Am moved by Gods Spirit this present 24. of May 1655 to write this to You and those that assist You in Council for your leisurely perusal with the other lines that belong thereunto and also to present them by the spirit of God who is the King of all the Earth and reigneth over the Heathen and of a truth will be found no respector of Persons though many that are in places to Judge the People give false Judgement and respect Persons both in the High Court of Chancery And that Illegall Arbitrary Irregular Unlimmited Court now called a Court of Probates c. in which is executed more the will of man then the judgement of the Lord they respecting the Persons and Profitts one of another as they do yet in Chancery although in the Ordinance for Regulating and limmitting the High Court of Chancery it is Ordained fol. 523. That for the future there be no more cause of just Complaints from the People SIR it is hoped good things will be found in You Jehu told Jehoshaphat 2 Chro 19.2 3 For such a thing he had provoked the Lord to be wrath with him Neverthelesse good things are found in thee and that You will set Judges over the People of the Common-Wealth of England Scotland and Ireland You having accepted the Stile of Lord Protector thereof and sworn to Govern these Nations according to the Lawes Statutes and Customes seeking their Peace and causing Justice and Law to be equall Administred The Lord God of our Fathers enable Your Highness to put in such men to Judge between the People that may be men of Truth fearing God and hating Covetousness as Jethro advised Moses Exod. 18.21 the People have been long abused and oppressed by lying unsatiable extorting unfaithfull unconscionable Lawyers and men in places of Judicature to the dishonor of God and the destruction of the Nations and their great reproach for sin is a reproach to a people or Nation But Justice or Righteousness exalteth a Nation Prov. 14.34 and lying lipps are an abomination to the Lord but they that deal truly are his delight Prov. 2.22 then all lying men in place of Judicature and ●ying Lawyers that deal not truly are an Abomination to the Lord The Apostle who knew all Gods Councell Acts 20.27 For he must first know it before he could declare it Rom. 13.1 2 3 4 5 6 7 saith God ordaines Powers for the Peoples Weale or good and such are called Gods Ministers and are to attend continually for that very end or thing for the Peoples good and well-being if the People do well but they are to take Vengeance if the People do evil and to such ministring Persons ought People to be obedient or subject unto not because of their wrath but for Conscience sake Your Highness assisted with your Council hath begun to limit and regulate that unconscionable Court of Chancery and lying delaying Practisers and to pull down their extortions by your Ordinance made August 22. 1654 though they are loath to obey it Oh judge for the Lord and limmit and regulate that unchristian corrupt Court stiled a Court of Probates c for the Civillians must confesse their Law is a Sea full of Waves and as uncertain as the present Judges mindes thereof but the grounds of our Common Law have from the beginning been lay'd with such deep Wisdom Policy and Providence as they do provide for and meet with almost all Cases that can fall out in our Common Wealth Th' Imperiall Power th'immeiate Power under God and Christ is setled in Your Person with Your Council and all Writts Processes Commissions Patents Grants and other things in Your Name they are to run as the 2 3 33 Articles of Government declared Decem 16. 1653. and from You to be distributed in all Courts they acting and doing in the Name of Oliver Lord Protector should act justly and truely and the Pen-man hereof shall exhort all People with the words of Paul 1 Tim. 2.1 2. to make supplycations for Your Highness c. and all you shall preferr to Judge between the People and deal truly therein that so we may lead quiet and peaceable lives in all godliness honesty for false Judges and false lying Practisers about the Law under them must be a more intollerable and ahhominable thing then Warr beleeves Yours while GOD is with you and you with him Cap. Nathanael Burt. AN EPISTLE DEDICATORY TO Mr. WILLIAM WHETSTONE His hoped for Freind in the Truth SIR THat a man should Dedicate his case to one he is forced to sue in the Law one would think should seem a Juggle or a Paradox but it will not be so found in this and I shall cleer it to you or any else for in the Mirrour of Justices pages 156 157 158. Our Ancestors if the partie would not confesse that had done any falsitie to a man in deed or word where there was no witness to testifie the truth they were suffered to enter Battell if Equalls for Declaration thereof or proof thereof and sometimes they proved by Witnesses saith the Author for if a man hath done any falsity to me in deed or in word whereof he is appealed or impeached in Judgement if he deny it it is lawfull for me to prove the Action either by Jury or by my Body or by the body of one Witness Now that Battell is

a Prosilite and to bring him to beleeve with them and to be of their Synagogue though thereby when he was brought to their belief he was made twofold more the childe of Hell by being made one of the Synagogue of Satan this Christ spake Matt. 23.15 Who was greater then Solomon Luke 11.31 And as he left it both to Rebuke and instruct that generation I desire this pretended wise generation would take notice thereof in this day that belongs to our Peace and not to delight to burden their Brethrens shoulders and to betray their fellow brethren and their Estates for as Paul whom Christ counted Faithfull became injurious no more and persecuted none of his Brethren after he had obtained mercy himself 1 Tim. 12 13. and was called and made to beleeve he averreth Rom. 15.2 3 4. that every man should please his Neighbour to edification as it is written The rebuke of them that rebuke thee fell on mee for saith Paul by the Holy Ghost Whatever things are written afore time are written for our learning that we through patience and comfort of the Scriptures might have hope And saith Paul They are written for our admonition upon whom the ends of the Wo●ld are come 1. Cor. 10.11 Yet he adviseth to rebuke them that sin before all that others also may fear if it can be proved by two or three Witnesses yea though he were in place partiallity should not be used 1 Tim. 5.19 20 21. And Paul shunned not to declare all the Councell of God and he thereby stood pure from the blood of all men Acts 20.26 27. Now this being an Epidemicall disease in England and perticularly rooted in you John Burt as by Witnesses will be proved so that it is in you gangrened I fear or setled you having been the chief plotter and Acter and Contriver all along against me and Concealer Decliner and Instigator and Importunator of all Persons of all sorts and in all Places so that it is feared you being m●st concerned therein may be said To have spoken Lies in hypocrisie and have your Conscience seared with a hot-iron as the Holy Spirit spake by Paul expresly In the latter times some should depart from the Faith and should doe 1 Tim. 4.1 2. Therefore this Epistle is sent to rebuke you that you may not be destroyed and that I may be pure from your blood and from the blood of all men and any that are concerned with you herein Wherefore I instruct you with meeknesse and intreat you to examine your self and to judge your own self for these enormities by you acted committed that you no longer harden your heart and braze your forehead and continue in your sines against the Light of truth and Conscience or light of Nature though you served much time of an Aprentiship to a Scrievener but as the Apostle S. Peter by the Holy Spirit adviseth 1 Pet. 2.1 2. Laying aside all malice and all guile and Hypocrisies and envyings and evill speakings As new-born Babes desire the sinceer milk of the Word that you may grow thereby for holy David through his temptations and experience could tell you Psal 119.9 Wherewithall shall a young man cleanse his way by taking heed thereto according to thy Word for the Prophecie came not in old time by the will of man But holy men of God spake as they were moved by the holy Ghost 2 Peter 1.21 Wherefore John Burt be instructed thereby that you may be recovered out of the snare of the Devil who are taken Captive by him at his will if God peradventure will give you repentance to the acknowledging of the truth as it is written 2 Tim. 2.25 26. Therefore in all meeknesse I again advise you to repent of your many and perticular unfaithfulnesses malitiousnesses envyings lyings unnaturall combinations concealements threatnings imprisonings by your self and other your Complices and false reports to stop and detaine my monies due to me not onely 66. l. 13. s. 4 d. in your own hand besides the use which is of ●he Mmrgage of the Red Lyon Inn at St. Edmonds Burie but in oth●r mens also to put me to charges in Law-suits viz. In Henry Woods hand my Tenant which this is the third time and in John Wests hand 60. l. which had been paid me but for you and your Complices Jan 23 1654. besides my many losses other ways well known to your self as also your contrived Demurrings in Chancery and halfe perjuries And your cancelling like a Scrievener with one eare and detaining severall Writings as well as much moneys which belong to me as the Image and representor of our Fathers Person and your many Provocations and incitements as well as inticements of others to lie and sweare falsly against me and to sue me in severall Courts or to withstand my right to cause me to sue for it to which I was not onely bound in 500. l. to you with Articles to discover our Fathers Estate before letters of Administration were delivered me in Sir Nathanaeel Brents time but also bound to the Prerogative Court with securitie in a farr greater sum and sworn therein also to be a faithfull Administrator to our d●ceased Fathers Estate you having ever since vexed both my self and others and then and still threatning them if they Pay me and such whom you have and still do procure with you so to doe also your home-swearings Personally in two Courts Viz. the one of Chancery which I hope in time will be made to submit to the fo●me and Power of that Ordinance which was Ordered by His Highness the Lord Protector and his Council to be Printed and published August 22 ●654 both for their limitation and regulation it seeming to be the distribution of his own Conscience therein and a great step to reform abuses though by those sons of Zerviah which sure are but as a spot in a Pavement in respect of the whole Nation it was never yet obeyed and submitted unto and all other Ordinances that have been made besides are establish●d and compelled to be obeyed by all People under the Power And also your home swearing in that Arbitrary Irregulated unlimmited and unparralell'd Court of Probates the very Pest and Plague as it is and hath been lately used to this English Nation which I hope the present Power will curbe and bring into Order also in due time and settle them by Orders as the other Courts are setled by the Judges of the Land viz. the Common Pleas and the Vpper Bench which shall be by them published in Print as the Ordinance for Chancery for the Peoples instructions and relief and also Order their unlimmitted and excessive Fees therein taken as it formerly was by Statute Law and give them Rules also to proceed therin that for future as saith the Chancery Ordinance that there be no more just complaints from the People so that they have declared both the Proceeding and Fees of the Chancery to be unconscionable I appeal to

time to the utmost of their and either of their knowledge make full and cleer discovery and Declaration of the said Estate and to this you know Major Hayne the Scrievener that made them and his two Servants are witnesses therein and at the same time you sealed a Bond of 500. l. to me to keep the Articles and Covenants therein contained which was to Discover from time to time the Estate but not to conceale the Estate from time to time which if you submit not your self for the breach thereof time may compell you thereunto or discover it to Englands Law which may compell you to perform or suffer accordingly and reward you for breach of your Articles and Covenants and Bond and faith as a younger sonne or younger Brother and then truth will discover it to time and time then will not conceal it from the knowledge of men when that shall come to passe And you and your Complices opposed me all that you could before my Letters of Administration were sealed to me and withstood me to the face to hinder me therein but then I striking the words of the Statute law 31 Ed. 3. 11. and the 21 Hen. 8.5 And proving my self to be the next of kin and the next most lawfull Freind of our Father who died intestate and none being in equalitie and degree of kindred with me which being by me written out of the Book and brought in my hand that I might strengthen my Claim thereby you and your Complices Pride was abated your malice for the present asswaged and your Devices for that time confounded and by Letters of Administration I was legally confirmed sole Administrator c. and neither you nor your Complices secretly or openly could hinder me thereof except you had bereft me of my life and by that means my last glasse had been run as in September last 1644. you threatned me so indeed if you had not suffered by law you might have come to have been Administrator to our Fathers Estate deceased But while I live you cannot be by Gods Law or Englands Law or Custome for if that there were any truth or mercy or knowledge of God in the Chancery to be found I or another man might have relief therein according to the Statute of the Fift of Eliz. cap. 5. which saith For the avoiding as well of long and tedious Suites as also great Expences in prosecuting of Civill Causes by reason of divers Appeales permited to be made by Order of the Lawes Civill in such cases c. Be it inacted c. all and every such Judgement or Sentence definitive given or pronounced in any Civill and Marine Cause upon Appeal lawfully to be made therein to the Queens Majestie in Her Highness Court of Chancery by such Commissioners c. as it hath been used in such Cases shall be finall and no further Appeal to be had or made from the said Judgement or Sentence definitive I would ask any man or Commissioner thereof How the People can expect Equitie therein or relief thereby since they will not obey and fulfill that Equitable and lawdable Ordinance Ordained by His Highnesse the Lord Protector by and with the consent of His Council who Ordained therein That the Chancellor Keeper or Commissioners of the Great Seal for the time being shall according to the times and in manner by this Ordinance prescribed put in Execution all the Rules Lawes Orders and Directions before mentioned That for the future there be no more cause of just complaints from the People folio 522. 523 or who can or dare be incouraged to appeal to His Highness● Court of Chaucery while the Practisers therein delay the People and put them to such trouble and Expence that it is scarce one of a thousand but may feelingly experimentally say that when they are complaining therein and wayting for Equity the Remedy there is as bad if not worse then the Disease being thus feelingly sensible of the iniquitie of this unconscionable Court which the Commissioners should take care with all diligence and Circumspection that all the Officers Ministers Clerks and servants belonging to the said Court do honestly and faithfully c. in the Chancery but how many faithfull English men heartily desire the regulation yea rather the Reformation thereof in Conscience in honesty and truth and of all Courts of Judicature according to Gods Word and Law and not that they should imagine and practise mischief in the Law I conclude against the iniquity Falshood and false judgements I have seen in the Court of Chancery which when they have submitted to the Ordinance I will call the High Court of Chancery because they may be then said to be under His Highnesse Protection when they obey his Ordinances which are for Gods glory and the Peoples good as this Ordinance it is hoped cannot but be and also that thing so irregular and unlimmittd at Doctors Commons which calls it self with all that rabble Rowt belongs thereunto a Court of Probates c. when sitting which formerly sate in the Starre Chamber place at Westminster where when there were Bishops and a King or a King and Councill and Bishops held a Court there called the Starre-Chamber from the place and it is beleeved by judicious men though they were cryed but against for Injustice Extortion and Opressing of the People and acting Arbitrarily against Law that these have exceeded their Exorbitances and have exacted and extorted from the People since their being which was in comparrison but the other day abundantly more then they only these have some colourableness for their exacting of Fees by the Act of Parliament made Aprill 1653. to continue in force untill the first of Octoher 1653. and no longer the remainder of the Fees taken by the Registers their sallaries and under Officers being paid and Clerks the overpluss or profits to be paid to Commissioners for the use of the Navy Reader I will give you an account of one Extortion Acted in this Court of Probates June the 8. 1654. by which a Widow with five Children was oppressed against the Statute of the 21 Hen. 8.5 In my own sight and knowledge since obtainmed of the Statute Law to curbe their Exactions and Oppressions thereof which was thus A Minister of the Court of Probates agreed with the Widdow before he would deliver her the Administration under the Seal of the Court for 3. l. for which she paid him down presently 50. s. and promised him 10. s. more and then he delivered the Widdow Letters of Administration her Husband dying Intestate and her Inventory did but amount to not full 20. l. and by Statute Law he should have taken but 3 s. 6 d if they had amounted to 40. l. sterling so they had not exceeded and not above and I never knew this Statute repealed and the unlawfull Exactions are said in the said Act To be against Right and Justice and I pray why hath not His Highness the Lord Protector and His