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A35579 Some animadversions on a case inserted in a book lately printed entituled Modern reports, or, Select cases adjudged in the courts of Kings-Bench, Chancery, Common Pleas, and Exchequer, since the restauration of His Majesty King Charles the Second. L. C. 1682 (1682) Wing C83; ESTC R35824 9,662 13

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charitable person of the unparallel'd severity of this case I shall only here insert his own Affidavit made before one of the Judges of His Majesties Court of Kings-Bench and in a few words more shall conclude without any farther trouble to the courteous Reader Stephen Mosdel of the Inner Temple London Esq maketh oath that during the time of the Imprisonment of George Reynel he the said George Reynel seemed to be very poor and oftentimes declared that he wanted money to supply his necessary Occasions and this Deponent upon oath farther deposeth that he never had or received from the said George Reynel or of any other Person or persons by his Order during his Imprisonment or at any time before or after the summ of fourty Shillings in money nor never had any thing whatsoever to his knowledg for a year an halfs Diet Lodging Chamber rent and fees other then a Horse and a Dog which were valued at Twenty pounds or thereabouts which never were worth to him this Deponent ten pounds which is all that he this Deponent ever had of the said George Reynel directly or indirectly and this Deponent farther deposeth that he never had any acquaintance or intercourse with the said George Reynel till he the said George Reynel was committed a Prisoner in Execution to him this Deponent It may be asked why Mr. Mosdel having so charitable and so commiserative a case and a Case that justly lays claim to a relief in Equity did not exhibit his Bill in the High Court of Chancery to be relieved It is answered that Mr. Mosdel did bring his Bill in Chancery but the Defendant by the cruel I will not say unjust and unchristian-like advice of her Counsel pleaded in Barr to his relief the Statute of 4 H. 4 by which it is enacted that no Judgment given in any of the Kings Courts shall be called in question till that Judgment be reverst by Writ of Error or Attaint by pleading and insisting upon this Anti-equitable Plea the hands of the Right honorable the Lord Chancellor were restrained from giving any manner of relief to his most humble and immense oppressed Orator It may be then farther asked why Mr. Mosdel did not exhibit his Bill in Chancery before the Verdict was given against him at common Law I shall answer that his Counsel were of opinion that the immediate pursuit of the Prisoner from Exeter to his House and his dying there in the Custody of his Keepers would have excused the Escape and that he had no reason to seek a Remedy in Equity when the Law would help him and properly a man is to seek his Salve when he hath received his wound The reporter may say that here are not only Animadversions but here is also a Sermon of Mercy and Charity if that be his opinion I would have him to consider that when a man and his Family shall for a Trifle be ruined and undone by the Rasour metled cutting rigorous proceeding upon that penal Statute of Westm 2 Ca. 11 and by the Statute of 4 H. 4 Ca. 23 and the Statute of Praemunire which is the Statute of 27 Ed. 3 Ca. 1. the Olive Doors of Mercy Equity and good Conscience shall be lookt up and no relief to be had there is no remedy left but an Appeal to the great Tribunal of divine Justice where every mans merits and demerits shall have a plenitude of rewards and punishments I have been oftentimes in the Company of this unhappy Gentleman Mr. Mosdel since and before this severe thing happened upon him and when we have discoursed of this matter and of this severe prosecution he never would speak a word that might reflect upon the Lady but would always say she was put upon it by her Attorney not out of kindness to her or malice to him but for his own interest and to get money to himself how he hath prospered with it since is well known he hath also often declared that altho the Lady was severe and hard in the prosecution yet she was not so in the Execution of that sharp and cruel Verdict for he could never find or discover that she did ever endeavor to arrest him But he complained that she kept him in fear and he dare not follow any publick imployment for the support of himself and family which was as bad or rather worse then an Imprisonment which he thought the Lady did not understand or else might be misinformed that which supported him in all these difficulties and obscurities of life for almost these Nine years last past was the great hopes he had in the young Gentleman to whom the Lady was during his Minority Administratrix that he when he came of age would take this melancholy and cruel Case into his charitable and merciful consideration and not suffer a calamity of such a nature and for so trivial a matter to remain and continue on a Man and his Family to their ruine and destruction when he never by any single act of his suffered the loss of Six pence neither had Mr. Mosdel as he hath often declared to me any reason to shew any kindness to Reynel whereby to expose himself to any danger or to do any ill thing to the Lady for he never had any manner of acquaintance with or knowledge of Reynel till he was committed to him a Prisoner and after he was committed he was so poor and necessitous that he wanted necessaries as doth appear by the Depositions and Affidavit before mentioned But now the Gentleman is come of age and Mr. Mosdels hopes will have their determination either by the discharging him of this heavy burden where under he hath groaned almost these Nine years or by the continuance of the Weight sink him and his Family into greater miseries He that hath been in the Company of this Gentleman must acknowledge that nature hath been very prodigal in her favors to him in all respects from whence Mr. Mosdel may almost assure himself of his Equity and that after so long continued a storm and tempest by the sweet gales of a merciful and a charitable Breath he may arrive into a quiet and peaceable Harbor It is never seen that dirt and trash is lodg'd and plac'd in rare and curious Cabinets but Jewels of great value and certainly there are Jewels of great value lodg'd in the Breast of this worthy Gentleman such as will lead him into an Enquiry into this matter and to do and to act therein as every Christian and Gentleman ought to do and to act one towards the other which are the hearty wishes of L. C. Philalothis ERRATA In page 3. lin 25. instead of or put and p. 4. l. 10. r. only one the idem at the end of the Habeas Corpus add Anno Regui nostri xxiiijo. FINIS