upon a small consideration did make him an abatement of 352 l. and accordingly I endeavoured to make an end with him but he finding no Right to be had for me at Law in any case hath put a stop to all and saith he will spend Fifteen hundred pounds but he will have what by Law is my Right from me though the whole matter is worth but 862 pounds So he having wheedled with and given great Entertainments to the Trustee and other Friends that I had desired to endeavour to perswade him to do the reasonable and just Things according to agreement did on the contrary prevail with them to assist him to over reach and circumvent me and to tell me that I was without any remedy both in Law and Equity and that he being the Sword-bearer would upon all occasions find more favour in a Court of Justice than I should Can there be a greater aspersion upon the Government than to say their Courts of Justice do distribute Justice according to the respect they have for persons in Office or otherwise more than others I am sorry to see any one should have cause to think or speak such a word They also would needs perswade me to leave it to them Whereupon being professed Friends in an extraordinary manner the one being my Brother-in Law and the other having all along before that time pretended to tell me how unreasonable and unjust my Brother Mann's dealings in the World both with me and others had bin I did tell them thus Let the Case be truely stated and carried to two of the most Eminent learned and able Counsel for their Opinions both in Law and Equity and to have the Opinions clear without interruption by talking with them I did desire we might all meet together and I would give to each of them a true Copy of the Case verbatim with the same Words in two distinct Papers and at one and the same time to go from me separately the one to the one Counsel and the other to the other and without mentioning one word of the Case deliver to each Counsel the Case in the Paper and not to meet one another untill they did come again to me I would then if Counsel should advise that I had no remedy as they had said referr it to them but in the stead of so doing they did not meet me together or could I ever after see them together since the time I made my proposition of terms for the Reference they had desired of me to be left unto them but on the contrary not finding them in some days I did to lose no more time send one with the Case that knew nothing of the matter to Mr. Serjeant Levine who gave his Opinion subscribed to the Case and then Mr. Brome not knowing Advice had bin taken upon it sent to me for a State of the Case so I sent him the Original Draft thereof which he before had seen and said was so truely stated that there was not a word to be added to or be taken from it But Brother Noyes not being to be found I sent him another Copy with Copy of the Serjeant Levine his Opinion so the next day Mr. Brome and he meeting together consulted which way to make void Serjeant Levine his Opinion so went to Mr. Serjeant Pemberton and representing to him different things upon the Case in their talk with him did get him to subscribe an Opinion seemingly different but not contrary as they fancied And then they went to Serieant Levine and told him he was mistaken in his Opinion and thence went to Brother Mann's House and to the Tavern and drew up their Award according to his mind which they signed and left with him Next day Mr. Brome came and told me how they had made an end and had bin with two Counsel and a long Story how Serjeant Levine had owned himself mistaken but shewed me nothing that had bin written by any of the Counsel and Brother Noyes went away that morning out of Town without seeing me from the time they first proposed to have the Reference and thinks by that means to bind me with the Award notwithstanding he acted contrary towhat was proposed and as some that are learned in the Law did say was very knavish and is of no force A True Copy of the State of the Case with both the Serjeant's Opinions and the Award signed is as follows The Case betwixt A. and B. A. having a Widow Sister who by surviving her first Husband became seized in the Fee simple of the two Estates in Lands Houses and Tenements the one Estate being valued at 250 l. per Ann. she did according to Agreement before Marriage with her second Husband settle upon him and his Heirs for ever all the Estate of 250. l. per Ann. upon Condition that he should pay off the Summ of 2010 l. Debts due upon that Estate and she have the liberty after Marriage to give and bequeath the Summ of 2000 l. amongst her friends to be paid them within two Years after her decease to be levied out of the said Estate of 250 l. per Ann. as by the said Deed more particularly appears in the Hands of the Trustee the other Estate being but two Houses and a Stable with Ten Acres of Land reckoned worth 31 l. per Ann. She also reserved to her self at her own disposal without ever interesting or concerning her Husband therein About two Years and twenty-two Days since A. his said Sister died and by Deed according to Marriage-Covenants gave away but 1800 l. of the 2000 l. by reason she had prevailed with her second Husband B. to put 200 l. for her Life into the Million-Lottery Now B. her second Husband having extreamly importuned her to make over to him the other Estate of 31 l. per Ann. had gotten Writings drawn and accordingly did about Ten of the Clock at Night shew them unto her which did so much trouble her that soon after she was in Bed 't is supposed she died because next Morning she was found dead and her Corps almost quite cold and indeed was the occasion of once breaking off the Match But however B. the second Husband comes to A. the deceased's Brother and tells him that he is Heir at Law to the Estate of 31 l. per Ann. and if his Sister had lived but two Days longer she would had made them over to him and did not doubt but he would accomplish the thing his Sister had intended to doe because he knew him to be a just Man and withall told him That if he would be so kind he would give him a hundred Guineys but A. not complying desired B. to deliver unto him the Writings belonging to the said Estate but B. replyed He would not part with them but having Possession 't was 11 Points of the Law and he had Children and Grand Children to provide for Hereupon A. Files a Bill against B. in the High Court of Chancery
Cousin Farmer a Packer that sold me great Quantities of Cloth counterfeited my Mark upon an Iron Stamp and therewith Stamping inferior Cloths changed them for my Cloths that cost me and were better worth by 81 per Cloth Of which Fact though he was convicted both at Common-Law and in Equity yet I could never have one Farthing Allowance either for Damages or Charges So the Sharpers and Cheats of the Town finding that by Law I could recover no thing or have any Right laid their Heads together to cheat me of 1000 Pounds and though I detected and convicted One of them of Forgery for which he stood in the Pillory and though he consessed to have received 250 l. which being in my Wrong ought to be re-paid me yet I can by no means obtain an Hearing of that Cause in the Exchequer with him neither have I had one farthing Allowance for all Also having received some accounts from Mr. Tho. Hatton of Alleppo relating to the joynt Account of Mr. T. Barnadiston and John Barton for Factor Marine Duties owing which through his inadvertency were sent neither signed nor in any-wise authenticated Yet I having paid a Thousand Dollars to the deceased Barnardiston's Kinsman that took care of his Concerns upon his telling me John Barton had died indebted so much to the said Barnadiston I thought it but just to shew to him the said Accounts to get a reallowance accordingly but instead of duely considering them called them Sham-accounts and hath scandalized me much about them Also another Account of Money received and paid by my self being by my Directions shewed unto him on purpose to be examined by him that so if there were any Error it might be rectified by me he called it a Knavish Account without demonstration of any one particular Error and not knowing but these may be part of the things with which Sir Richard Blackam hath blackened my Reputation I have for that Reason set them forth Also to make manifest the cruel Consequences of Mr. Moyer's causeless Statute of Bankrupt I have set forth some of the unkind Usages I have found from near Relations as well as Friends Though I must needs say I do believe Brother Mann the Sword-bearer's unkindness and unjust Dealings towards me proceeds also from his excessive Gluttony and Ignorance that puffs him up with Pride and Covetousness that makes him think by a nonsensical dull and obstinate humour to shew himself a Man of an high spirit forsooth which the poor Man is very ambitious of to be accounted though I have bin told he is accounted a Man of a venomous Spirit which I think I ought not to conceal because to satisfie his Malice and Revenge rather than lose Time he 'l put other people upon doing very ill unkind and ruinous Things that else they would not doe or think of His g eat Glory is in Oppression and when he is most intent in effecting any ill thing then he saith God forbid that he should doe or think of that very thing and then he doth it even as he hath told me He hath an Art to eat most when he seems to eat least and by that means he passeth for an harmless innocent Man among some but he is better known than he thinks he is Also he having covetoufly contrary to his Promise before Marriage prepared Writings for an Estate to be passed by a Fine and Recovery before a Judge by his Wife mine own Sister against her Will unto him and his and having shewed them to her at Ten of the Clock at Night to certifie her they were ready prepared when she having seen them not being very well became much troubled at it and went to bed and next morning was found dead and her Corps almost cold when 't was thought she only slept soundly and 't was but a little before about one or two days at most before she died that she complained and told a very near Relation how she was forc'd to study all the ways possibly she could to please him for if she did not she verily believed he would turn her out of dores into the streets although before Marriage my Sister had setled upon him and his Heirs the Fee-simple of another Estate in good Lands worth 250 l. per Ann. and now keeps my Right from me though the whole matter is not worth One thousand Pound yet he saith he will spend Fifteen hundred Pound but he 'l keep That my Right from me which by Law I am her Heir unto And I doe believe there is not any one thing in the World can doe a Man in any kind so much mischief as a causeless Statute of Bankrupt and though I brought mine Action against the said Moyer for so doing and as the Judge said I had proved all my Declaration but the Malice which though was sufficiently proved by the Fact in the most of all other men's Opinions yet by the ingenuity of a Favourite Counsel and the inclination of the Judge I was cast and forc'd to pay Thirteen pound and Thirteen shillings Costs to Mr. Moyer's Attorney he being acquitted and my Remedy at Law it seems lies only again7s t the Three Lords Commissioners of the Great Seal because it was their Fact only and not Mr. Moyer's in regard what Mr. Moyer did was by the Advice of his Counsel as the Judge was pleased to tell the Court. Now I doe know that the Lawyers are the only proper Men to advise with in bringing an Appeal yet well knowing the great Good-will they have to one another and their firm Combination for the support of their ill practices and consequently if should had advised with any one of them in this matter I must had either bin deterred by some strange Stories or else be betrayed before had effected it I have therefore chosen to put my life in mine hand without any Advice at all innocently to act mine own part in mine own concerns And if by mine Ignorance I have committed any Error for the want of due form I humbly hope it may be excused because in my conscience I doe think I ought not to omit any thing I am by mine Oath obliged to doe And in this I could not expect any faithfull Advice from any Lawyer because of my Complaint of them And I doe not doubt but the Law-practicers will therefore seek many ways to bereave me of life and doe me what mischief they can but I know God governs the World and their Malice cannot doe this much mischief to me more than his Providence will permit And I say God's Will be done So I doe my Duty I hope I shall be satisfied For as I am but a Batchellor and single Man without Wife or Child to want me so I think it much better to die by a publick Stroke of I was about to say Justice but I know true Justice cannot hurt me but must help me rather than to linger and pine away for the want of Justice by
then B. comes to A. knowing him to be a Man that would suffer much rather than be troubled with a Law-suit and pretends what disreputation 't would be unto him to part with the said Estate and would therefore give him rather more than the full value thereof in Money for it Hereupon A. enters into a Treaty with him about the Estate and the 200 l. Legacy left him by his Sister then B. pretending that the Estate was but of small value the Houses being old must be pluckt down and re-built and the Ten Acres of Land being lett out upon Three Lives could not be worth above 40 l. A. replyed That 500 l. had bin refused for the Houses and the Land was worth 100 l. more as he had bin informed Then B. replyed God forbid he should doe any wrong and A. was mis-informed and what B. had said was very true and therefore A. must not expect such a Price for them Then A. desired to have his Writings and to talk no more of it but B. would not hear of that but with much peevishness said He would this and he would not doe that without any fair reasoning and being very vexatious and troublesome to A. A. did contrive an expedient as he thought to end all Matters without Controversie and at next meeting did propose to B. as followeth I said A. am but a single Man and you 'll put no more into the Pot or upon the Spit for me so if you will you shall find me with Dyet during my Life Then said B. With all mine heart and clapping his hand into A. his hand said It shall be put into the Writings To which A. agreed and then went on to make his Proposition and said 200 l. was left as a Legacy 500 l. had bin offered and refused for the Houses that was 700 l. and the Ten Acres of Land is worth 100 l. that made 800 l. and two Years Arrears of Rent was 62 l. altogether made 862 l. so if B. would pay him 600 l. A. would be conteut to let him keep all but B. was unwilling to give above 400 l. then came to 450 l. then 500 l. and at last coming to 510 l. A. agreed with B. who having paid 5 l. on account of the Bargain A. wrote a Receipt as followeth Viz. Received this 20th of Novemb. 95. of Brother B. the Summ of 5 l. in part of 510 l. I have this Day agreed with him for the Houses and Lands at Bristow that by Law I am Heir unto as also the Legacy of 200 l. left me and all that I am Heir unto the Wife of the said B. he having promised to pay me the rest of the Moneys the next Week after the following the Date hereof and the free liberty of Dyet at his Table during life provided that he continues in London Memorandum That the business of Dyet is not to be mentioned in the Agreement unless Brother B. shall so please B. A. Witness W. Gee Now when A. had written the Receipt and therein expressed the Dyet for his life B. objected and said He would not have the Dyet expressed in Writing for the value of the whole Estate for it would be a disparagement unto him Then said A. Why do you go back from your Agreement I do not care said B. I will not doe it Then A. looking upon that as a childish and foolish Humour and thinking that Law and Equity would compell him to do so reasonable a thing as to give him Security for his Dyet apparently bought of him with 352 l. he did to please him put in the Words as he desired Provided that he continues in London Memorandum that the business of Dyet is not to be mentioned in the Agreement unless Brother B. shall so please Then B. went and prepared Writings and Deeds for A. to sign and seal and all of a sudden would fain had prevailed with him at the Tavern when he had but read them once over without any Advice of Counsel to accomplish his ends but A. told B. that without Advice of Counsel he did not dare to do it so with much of do A. did get leave to take and advise about them and then A. was told they were unreasonable and unfit for him to sign but however A. did get and prepare others with due Amendments to sign and seal but B. rejected them neither would he sign any Writing for the securing the Dyet of A. during his life So though both Parties met to make an end yet they parted without effecting any thing So then A. went on in Chancery and after B. had trifled from the beginning of Novemb. to the middle of May in the stead of an Answer put in a Plea and therein recited the one part of the Agreement and left out the other which being upon Oath seems marvellous Then A. got leave to amend his Bill and therein set forth the whole Agreement but B. denying it upon his Oath in his Answer A. wrote him sundry Letters to make an end according to his Swearing and particularly the 24th of Decemb. last sent him an open Letter by a friend who after he had taken a Copy of it delivered it to him requiring his Answer but he would give none in Writing but said His Money was in the Bank and he was busie for all that Week and when Mr. Brome came to Town he would talk and do no body knows what Now the great Question is Whether ever the Receipt was in itself a good Bargain in Law and if it were Whether it be not now void both in Law and Equity and how far in Law and Equity A. stands obliged to B. and B. stands obliged to A. or whether A. must lose his Money and his Dyet without any Consideration as B. would have it The Estate in the Lands and Houses remains in A. notwithstanding the Acquittance which yet imports an Agreement in Writing for the whole Matter to be made good in Chancery but A. may notwithstanding that bring an Ejectment and recover the Houses and Land as Heir to his Sister and thereby put B. to be Plaintiff in Equity and have the Agreement performed or A. may go on in Equity if he thinks fit and have the Agreement performed and which soever of them is Plaintiff in Equity the Court will before B. shall have the Land compell him to pay the 200 l. and also the 510 l. and secure the Dyet or else will let A. keep the Houses and Land and leave him to Sue B. and the Trustees of the 250 l. per Ann. for the 200 l. Legacy Creswell Levine 22 Feb. 96. Upon Consideration of this Agreement made between A. and B. I am of Opinion That this is a good Agreement and will be Binding to A. and the Chancery I conceive will enforce A. to perform it in Specie and to convey the Tenements to B. upon performance of the Contract on his part and I conceive the Letter now shewed me