Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	conscience_n	law_n	1,864	5	5.1678	4	false

Text snippets containing the quad

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

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

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

against the Law of God and of England as though my glasse of Life had been run indeed and I departed out of this life for Imprisonment let it be well observed is but a Civill Death the Law maketh it so And sure you and your Complices looked on me so to be indeed when illegally unrighteously and irregularly they granted Letters of Administration to you a second sonne by a second ventor which by Law is unanswerable Thus hath your dealings been like a treacherous false deceitfull unfaithfull unchristian unholy unnaturall Brother in which our Fathers Name cannot but be dishonoured I have read in Scripture also That Abraham and Lot though their Heardsmen strove together yet Abraham said to Lot Let there be no strife I pray thee between me and thee and between my Heards-men and thy Heards-men for we are Brethren Yet it is written Abraham and Lot had two severall men to be their naturall Fathers so that they were of one stock proceeding from the same Ancectors and were called Brethren or Nephews as Kinsmen are and not by one Father as Isaac and Ishmael was and by naturall generation of the same Parent a true distinction of discent apparant for that false and foolish Court of Probates instruction yet behold faithfull Abraham Gen. 25. who had nine Children by Keturah another Wife besides Ishmael whom Hagar the Egyptian Sarahs handmaide bare unto Abraham And to avoide strife discord contention and discention that might have come or risen amongst them as Brethren because of the heritage Abraham gave all that he had unto Isaack But unto the other sonnes Abraham gave Gifts and sent them away from Isaac his son while he yet lived Ask Dr. Walker of many words if this be not Civill Law and God said to Isaac Gen. 26. That Abraham obeyed his voice and kept his Charge and his Commandements his Statutes and his Laws and when men degenerated from God and did not walk as faishfull Abraham had done Then God maketh a Law That the Eldest sonne or the first-born sonne by the first Wife shall be by the father acknowledged for his first-born by the Fathers giving him a double Portion of all that he hath for that he is the begining of his strength the right of the first born-ship is his Deutr. 21.15 16 17. This is Gods law Maugre corrupt long breath'd Lawyers or pretended Regulators of the Abuses of Practisers in the Law or any silly Vilaines or Civilians belonging to Doctors Commons either Dyers Fishers or Lyers of any Court whatsoever or of that Arbitrary and irregular Court of Probates who act and practise under the title of Wise men or Fools and who act against the Truth and leave the Law of God and right of English Law practised in other Courts purposely to destroy by combination or corrupt will the right of a first-born sonne and a legall sole Administrator lawfully admitted sworne and made such must either have no knowledge and then uncapable of being either Judges Officers or Practisers therein or Dissemblers therein And Solomon saith He that dissembleth hatred with lying lipps and he that inventeth slander is a fool Pr. 10.18 And it will I doubt not but be agreed on that he was wiser then ever Dr. Wise-man And such wicked Lyers Lawyers Fishers Wisemen and Dyers in any Court whatsoever who slander men by misinformations in Court as you know sensibly by your means and contrivance was foolishly and malitiously by you and your Compl●c●s used for above two years before you brought about your combinated ends and Purposes against me which you may all be ashamed of or whosoever hath done un●ighteously in judgement and judgeth not what is right as well as in passing the Seale as Serle Zanchy or Cottle to do any wrong such ought by Law to make satisfaction to the Partie that is dammaged as I shall prove yet in this Epistle which act as the Lawyers and Scribes and Pharisees of old which Christ rebuked it will reach also the base practise of Lawyers in our times either Chancery men or Common Lawyers as well as Civill Lawyers whether they be Ecclesiasticks or Lay-men and did any Ecclesiasticks fit there more then Mr. Hugh Peters in the Court of Probates it would reach them also I dare say he will not deny it if he were asked they doing as the Lawyers and Scribes and Pharisees did if you compare Matt. 23.2 3 4. with Luke 11.39.42 43 44 45 46. if they Act and do like them hypocrittically and unrighteously for I hope he will not deny the Scripture which saith thus They did lade men or Peoples shoulders and it is understood their Estates also with burdens grievous to be borne they being as rotten graves that appear not into which men sinke and are caught of them before they are aware of them they being full of ravenning and wickednesse and will not touch the burdens with one of their fingers they layed then upon the Peoples shoulders And I finding it thus recorded Matt. 23.1 That Christ spake it unto the multitude of People as well as to his Disciples when he was upon the Earth with a multitude of woes which he pronounced against them for their Hypocrisy rottennesse oppressions extortions and injustice as well as dissimulation and faire speakings and promises to the People which they never intended which is the ground of Hypocrisie In the Bibles of the English and Roman letter Printed 1609. and 1610. by the Kings Printer Robert Barker as you may read Psal 10.10 The Prophet in his dayes complaining of the fraude rapine tyranny and all kinde of wrong which worldly men then used or wicked men or Hypocrites amongst the rest of their pretended Vertues saith the Scripture He croucheth and boweth therefore heapes of the poor do fall by his might and in the Margent it is thus Printed By the Hypocrisie of those that have Authority the Poor are devoured And Christ warned the People as well as his own Deciples that they should not do after their works but whatsoever they did bid him observe all those things they were to observe and doe sure then they were exact teachers though bad performers or doers But Christ said All their Works they do for to be seen of men Matt. 23.1 2 3 4 5 6 7. They loved the chief seat in the Sinagogues and the uppermost place at Feasts and to be called by Titles of Dignitie and to be saluted honoured or greeted in publique places as if they were somewhat more then other men as many do now in our dayes but for loving of these things and passing over judgement and the Love of God Christ pronounceth woe against them Luke 11.42 43 44. Mark 12.36 which Luke said or spake by the Holy Ghost and without doubt these Hypocrites carried themselves as close and covertly and seeming courteous with as faire and plausible Pretences as any do now and as now so then they would compasse both Sea and Land for their own ends to make

all that have had to do therein if they have not found it so without they have been in speciall favour in that Court and then by consent much may be done My Appeal formerly against it hath set forth the iniquity thereof sufficiently printed 1653. a Moneth after the Parliament was dissolved I read in a Book called The Mirrour of Justices made by Henry Horne pag. 293. That the Common people called the Chancery then a Court of Conscience and the Author saith it is to be noted in respect of other Courts the Court of Chancery is a Court of a high nature And the Ordinance made by His Highnesse c. 1654 calls it The High Court of Chancery which Octob. 22. 1654. should have taken place for the regulating and limmiting their excessive Fees and exorbitant practises to the end all Proceedings touching relief in Equitie to be given to that Court may be with lesse trouble expence and delay then heretofore thus the Ordinance declareth f●lio 495 523 unto which all honest Englishmen should gladly shout Amen Amen Amen and which the pen-man hereof hopes to see put in execution by His Highn●ss comm●nd c. as sure as 44 ●ustices who were hanged in one year for oppressing the People by false Judgement Mirrour of Justices pag. 239. that famous law-Book saith It is an abuse of the common-Common-Law that Justices and their Officers who kill People by false Judgement he not destroyed as other murderers which King Alfred caused to be done who caused 44. Justices in one year to be hanged as murderers for their false Judgements which Judges are in the following Pages perticularly named and their false and Arbitrary Judgements for which they suff●red death or imprisonment or wounding or losse of limbe or member And accordingly he caused mortall rewards to criminall Judges for wrongfull mortall Judgements and so he did for wrongfull Judgemenss venialls Imprisonments for wrongfull imprisonments and like for like with the other punishments pag. 244. It is an abuse of the Common Law to obey the Judge who is appealed of doeing wrong pages 158. 230. And the Penman hereof Appealeth from the false and wrongfull Judgement of Thomas Manby George C●ck Anthony Kous John Hild●sly Joachim Mathewes or all or any other Judges of the Court of Probates and granting Administrations unto the Common Law of the Land for relief herein having by Letters forewarned them severall times that they could not doe it without my consent being personally present and it is verily beleeved some of these Judges would think it judgement contrary to Law and so wrongfull and false Judg●ment if they should have stood in my place and others should have sitten in their places and should have so done by them and judged contrary to Gods Law and Englands Law as they have done by me who have given yon John Burt my yonger B●other by the second ventor Letters of Administration two years after the law had possessed me thereof lawfully and that I had paid in portions taken receits from your self and you had denyed it in Court had not our sister personally testified the same against you shee seeing you receive a part thereof and her self about that time which was about 18 Moneths since given me a release on her part which being produced in Court you having seduced her and by that means defrauded both of us as yet of our parts of 200. l. in your hand and you villanously would have had her to have denyed it as her Act and Deed and the Judges of Probates c. would have perswaded me to have relinqu●shed it I am sure you● Dr. Wiseman can rem●mber this who mis-informed the Judges for you about it severall times and sputtered hard therein against me then personally relating the truth unto the Judges against both his and your lies and your P●octers also Fisher my Proctor either being by you or some of you so corrupted or by others conjured to be dumb in my case that in my absence you and you● Complices might attain your intended ends to null the Administration of the Son and Heire as the severall Orders in Court will yet testifie which were commonly drawne by Dyer your Proctor to speak as that Viper would have them who made the Register enter or signe what he pleased thus would you and your Complices have cast out the sonne long since to have shared the inheritance and yet he had the Power legally and was m●de sole Administrator of all that was his Fathers Deceased and had long before brought in a true and perfect Inventory and an Account Aditionall which the Order of the Court saith the Judges allowed of June 6. 1653. for a true and perfect account as is therein declared and your Oath also then taken which you may be heartily ttoubled for and had you one dram of grace you would but at last you procured an unjust Ord●r and upon that a false and wrongfull Judgement against mee viz. That my Letters of Administration should be null and that John Burt should have Letters of Administration and it was given you of which wrongfull Proceedings of the Judges of Probates I have heard Learned men and Auncient Practisers both of Common and Civill Laws say that it was irregularly and illegally done against both the Civill and the Common Law And that if such Arbitrary Judgements or Sentences be suffered to be Decreed what English man can say he hath any thing his owne or any inheritance by Enlish Law when Judges without the Peoples or Parties consent shall g ve the title right interest dignitie or Estate or Inherritance of the People or any perticular Person or p●oprietie thereunto away from him or them wilfully against Law and contrary to Law And when Judges do passe their ju●isdiction or the bounds of their Delegacies or of their Commissions and I dare jeopard my life to prove Mr. Manby and the rest of the Judges who gave you Letters of Administration have passed their jurisdiction and Delegation and Commission And for such offences King Alfred did not meddle with the judgements In l●sser Off nces he did not meddle with judgements but disinherrited the Justices and removed them according to the points of those Statutes in all points where he could understand that they had passed their jurisdiction or the bounds of their Delegacy or of their Commissions or had released or increased any punishment contrary to Law or done any other wrong in dissalowance of a reasonable Exception of the Parties or to the judgement Mirrour of Justices pag. 245. It is worth the observing and declaring also that the Judges of Probates c. could not be ignorant of my Case and rightfull Cause it having been d●pending though to my grief and losse as long as Mr. Manby or Mr. Cock had been in and out of Commission by Act of Parliament or Ordinance since although I had beleeved that I had ended Septmeber the 28. before the Acted grew vacatt or null October the

first 1653. and by the Order of the Court I had charges given me though since by some Officers and my own Proctor I have been very much abused untill he diss●nted and denyed to own my businesse any longer for that in op●n Court I had demanded judgem●nt against him for consenting against me and abusing me and labouring to destroy me so that so much as the Judges hath heard not onely from my self in Court pleaded in Faylor of my Proctor but also by that juditious Advocate and Auntient Practiser Honored Dr. Swett and severall Letters and Petitions to enable th●ir memories and severall exceptions in writeing delivered them to keep off false and wrongfull judgement for in the Mirrour of Justices pag. 198. It is said The Judge doth not offend so much that he doth not make the Law but he ●ffendeth in foolish undertaking upon him to judge foolishly or falsly And when you had buried me in Ludgate in the height of your Malice and Rage as one d●ad or not in being to appear in my own right and my Proctor desented and the Judges denying me any Proctor in Court to ●ssist me or appear for me or to answer for me in my absense I sent my Letter from Ludgate December the 8. 1654 Which Mr. Th●mas Ellis brought them which was read in Court and the par●ie examined by the then Judges if it were mine written by me or no And I sent it as a Messenger who came to them from the dead in Prison to warn and Protest against them as often I had done before that they should not dare to do unrighteously in judgement who seemed then to be much minded to give you Letters of Administration which Originall Letter of which that was a Copy is still to be seen and as Cain churlishly denyed the Lord who inquired for Abel whom he had slaine so I though shut up by you cryed by my Letter to the Judges of Probates that as I was the Eldest sonne of our Father Deceased and sole administrator and representor of his Person that they would do no wrongfull judgement then unto me though I was inclosed and shut up as a dead man and in that Letter I did averre as I had done before in Court in March 1654. when I put in my Exceptions to the Proctors Abbortive and misconceived report which was underwritten thus Mr. Manby I doe averre that my life Libertie or Estate cannot be taken away but where the Law doth it and it was but the other day the Lord Protector took an Oath That he would Govern according to the Laws Statutes and Customes of this Nation and the descretion of a Court ought not to be contrary to Law and Reason thus testifies Nathanael Burt and this was added to my Letter also from Ludgate to testifie they were the lines of a living man though the Judges with you and your Compli●cs looked upon me as dead in your judgements and practises and this Letter also is preserved to be given in testimony agai●st their unrighteousn●sse and false wrongfull judgement and your frawd and maliciousnesse John Burt herein may be read you have put me to no small trouble losses and attendances and charges in severall Courts besides Imprisonments also by you and your Complices combination to destroy me in my Name Liberty Estate dependencie of Trade to gain bread the staffe of life in this Orbe to make me fall under you who am the Survior of our deceased Fathers Person in Law and lively represent or thereof and thus you and your Complices have Acted to keep me from an Account of the Estate of my deceased Father who am in Law the sole Administrator to his Estate and all parts and particulars thereof and to detaine and conceal from me and to turn it to your own use profit and Benefit Witnesse that concealing of one Hundred Pounds of money our Father sent to one William Whe●stone of St. Giles Holburn about the year 1638 or 1639. of which the use was honestly paid unto our Father untill the Christmass before he dyed as by his Book under his own hand will appear and by witnesse also four Pounds half yearly which was secured to him his Executors Administrators and Assignes by a Mortgage of two severall Houses in Holburne held by Lease from one William Wooley Esq of Lincolnshire which Writeings of Conveyance security you possessed your self of secretly fraudulently as you did of our Fathers Keyes out of his pocket in his lifetime to his great grief and vexation he wanting much of his tongues benefit to expresse but not then quite dumbe which you took advantage of and by this meanes possessed your self of severall Moneys and other Writeings of Bonds and Mortgages which you kept concealed and some since Cancelled and others you received the use and profits thereof your self sometime uncancelled and you knowing my Administration was in Power and in full force which will be made to appear And at the same time in the Chancery to my first Bill you and your Complices generally demurr and deny and not long after to my second Bill for discoverie onely against your self you sweare positively an untruth to the major part of our Fathers Estate concealed by you and also of the Mortgage of 200. l. of St. Edmonds Burie somewhat therein you confesse upon which confession it was Ordered to be devided as 200. l. of cleer Estate of which you know the moyetie or Third part belongeth to me and as much unto our sisters Children she being deceased since and you having paid neither of us and though it was put in my Inventory yet you know it never came out of your hands though it came to my knowledge and I had been forsworne and had forfeited a Bond of 500. l. to you had I not discovered it as part of our Fathers Estate he having entred it into his Book with his own hand writing which you and others have seen and you your self cannot deny which in the Court of Probates c. before the Judges you confessed in my presence you canceled saying Samuel Thomlins once your fervant could testifie it was given you which you know you then and in your Answer lyed in for he hath denyed it unto your face as also in his Answer in Chancery But this Mortgage of Mr. Whetstones which you knew of many years belore of 100. l. paying 8. l a year this is so swallowed and Concealed and Forsworn the knowledge of by You in both Courts of Chancery Probates yet you know you received of Mr. William Whetstone the son of William Whetstone deceased who was bound with his Father upon the old Mortgage to perform Covenants after the rate of 8 per Cent. after our Fathers decease I having Letters of Administration and that you had bound your self to me in 500. l. Bond with Articles to discover our deceased Fathers Estate which Bond you know if this be proved is forfeited by you And thus you concealed the same

thy Law I read in a Book called For the sacred Law of the Land Cap. 1. The Precepts of Law are as Bracton De. Nat. Deo 1. To live honestly wrong no man give every man his own Our Saviour comprehends the same in one Rule also Do as you would be done to and this is called the Law and the Prophets Matth. 7.12 Presidents have only so much of Law as they have of Justice Ch. Just Hub. 270. Those and Lawes are built upon Reason Justice Law and Justice are inseparable We read in our Old Lawes 1. Bract. l. 4. c. 4. In the time of the Danish Kings right was buried in the Realme the Lawes and Customes slept together in their time saith Fleta Judgement and Peace goe together 1. c. 29. and it is a good Consequence that so common Justice and Right may be done to every Man Britton unites Peace Law in another place as fully Peace saith he cannot well be without Law fol. 1. the Arbitrary will of man cannot be Law Lawes cannot be just without they be certaine It is the best Law sayes the Illustrious Viscount St. Albon Aphorism 8. which leaves least to the Arbitrariness of the Judge saith Francis White the Authour thereof in his Preface pag. 18. No man is assured He shall either keep his Estate or transmit it to Posterity but by the Lawes let the Inherritance be what it can be there is more taken from the Lawes which direct and fix the Discent and wall it in then from our Parents The poorest necessitated man amidst the calamityes of this present life who lieth under Oppression and misery even crush'd almost to pieces which might make him loath his Condition he would yet be more unhappy were not the Law his Sanctuary and here now being come to the just wholsom Sanction of the Lawes when they are obeyed and Reverenced I shall herein rest and make it my Sanctuary as of old it hath been to our Ancestors committing my self in spirit to Jeovah the Great Law-giver who is King of Kings and Lord of Lords the Mighty GOD and my Person and Estate and Franchise and Right unto the Protector Ordained and set up by God as Ruler and Governour of the Three Nations and ought to be God's Minister for our good for Rulers are not a terrour for good Works but for evill Rom. 13.1 2 3 4. and to His Highness Conscience distributed in His Highness Courts and in time I hope to see Englands Lawes Statutes and Customes maintained and Justice and Law equally administred and all false Judgements rectified and Judges punished and the abusive Practise in His Highness Courts reformed for the Peoples tranquillity and Peace And so prayeth the Pen-man hereof N. B. Aprill 9. 1655. ❧ Philostratus Philodemius WHo tendered the Consideration of Seasonable Observations to His Highness the Lord Protector and His Council relating to the High Court of Chancery and the Fees and Proceedings thereof and in the 56 57 58 59 60 61 pages thereof in the Table where he sets down the then standing Fees were taken what will content the Labourer and what will be saved to the Common Wealth The Six Clerks demanded saith he by vertue of a Pattent from the late King a gaine for Inrollment the six Clerks and the Three Masters of the Petty Bagge they also demanded great Fees by colour of a Pattent or Charter from the late King and the Examiners Office demanded also by colour of a Pattent from the late King saith the said Authour the Subpoena Office is a Monopoly Reader I pray observe at the Subpoena Office they have submitted to the Regulation of the Ordinance made by the Lord Protector and his Council I pray why shall not the rest of the Pattentees submit to this Ordinance as well as the Subpoena Monopoly Office also might not the Pattenttees and Monopolizers which were under the late King demanders by colour of Pattents from the King extort monies from the People as these now doe although they are commanded otherwise which for their Information is Exemplified in the Table of Fees belonging to the said Ordinance in the 66 Distinction of the said Ordinance you may read thus That if any Register chief Clerke Examiner Attorney of the said Court or Officer for making Subpoenas shall either directly or indirectly demand take or receive any other Fees or sum of money then what is contained in the Table annexed c. And every such Offence shal be and is hereby Ordained adjudged and declared and shall be reputed and taken to be Extortion and shall be punished as Extortion and that every Person or Persons so offending and thereof convicted shall be and are hereby dissabled to beare any Office of Trust or P●●fit in the Common Wealth you may herein see that the ●u●poe●● Officers have submitted to the said Ordinance and the table ●f Fees thereunto annexed least they should loose their severall and respective Places and be diss●bled for nonconformance thereunto it being so ordained by the Authority aforesaid The other Officers of Chancery that are greater in Place can read better then I though they will not obey thereunto Distinction the 65. It is Ordained That the Master of the Rolls and Masters of the Chancery respectively shall not demand take or receive any other Fees then what are contained in the Table annexed and that every offence in that behalf shall be and is hereby adjudged and declared to be Extortion and shall be punished as Extortion Reader This Ordinance must be obeyed as all the rest this present Power hath made and Ordained maugre all chose that call themselves Lawyers or their dependants see and observe the Subpoena Officers belonging to the Lord Protectors Highness Court of Conscience the Chancery in which I pray you all to help me in your Prayers that God will Enable O. CROMWELL who was sworn Lord Protector the Sixteenth of December 1653. by the Lords Commissioners they Administring the said Oath to him that he may distribute a good Conscience to the Peoples relief in Equitie and Justice that his face may appear as an Angel of God So prayes Captain N. B FINIS