Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	henry_n	john_n	sir_n	14,931	5	7.5187	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88846	Deceptio intelectus & visus. Or the lawyers vviles unmasked Being the plain innocent mans path-way, for a speedy end at a cheap rate, in any perplexed or troublesome cause, without multitudes, or any bauling or wrangling lawyers to obscure the truth, by their jeering, and endeavouring to daunt all that shal speak either as partee, friend, witness or otherwise; which hath been too common. By Edm. Leach, of London, merchant.	Leach, Edmund, 17th century.	1652 (1652)	Wing L767A; ESTC R230379	17,520	64

Deceptio intelectus Visus OR THE Lawyers VViles VNMASKED Being the Plain Innocent Mans Path-Way for a speedy end at a cheap Rate in any perplexed or troublesome Cause without Multitudes or any Bauling or wrangling Lawyers to obscure the Truth by their Jeering and endeavouring to daunt all that shal speak either as Partee Friend Witness or otherwise which hath been too common By Edm. Leach of London Merchant To all Impartiall Readers and especially those who have been are or are in danger to be in such or the like Cases hereafter Related HAving been severall times a Traveller in that part of America called New-England and there finding most Causes of all sorts brought to a speedy and just End at small charges and trouble in some Courts for 2s. 6d. others for 3s. 4d. and the highest for 10s. without having any Lawyers by their Art to make the Cause seem difficult The Court consisting of several Magestrates would examine all Witnesses thereby to finde out the truth and if any should speak for his friend and aver any thing which he did not know to be true or could not prove he would be lookt upon as one that would discredit any business that ever he should appear in for time to come and the very worst of men there would shun his company And now of late coming into my Native Country and finding one neerly related unto me to be much troubled turmoyled wasted and dis-abled in his Estate by perplexed and tedious Suites which I finde have been of 23 years continuance at least I thought good after I had looked into the Causes and finding them just and conscionable by Records and severall Depositions of many honest credible Witnesses and severall other materiall proofs to undertake the prosecution of those Suites to a period hoping here where hath been accounted the best Laws in the world to be made and exercised before corruption crept in and especially in those times of expectation of the most speedy and best Reformation of Religion and Law in the world I doubt not although the Petitioners Petition by reason of some defects and mistakes is laid aside But that after the Petitioner shal have a Petition new drawn with amendments and Additions of Matter in a new Petition to be done by Council Learned and honest to see or hear of the matter to be again resumed and full and speedy justice done as anciently hath been without any Rubbs by reason of any forged falshoods or cavilations of any long winded Lawyers whatsoever But after I had undertaken the same and found such windings and turnings among them far beyond any Foxes or Juglers that no honest man is able to deal with them in the way of their Trade Therefore I have thought it convenient and necessary not onely for the satisfaction of my friends present and absent when I encountered with some such Lawyers but of all o-others who be shal or may be so perplexed and for a president of prevention for them to publish this particular Case to the world that all may judg whether I have cause to repent of what I have done in standing against some of the great ones of the world in a just cause or go on still in my prosecution the which by the help of the Lord I am resolved to do except I see better reason to the contrary then yet I do hoping that some of the honest people of this Nation will joyn with me in petition to the Supream Authority the Fathers of the Commonwealth for making a Law for Redress of such like Grievances in the future which to be effected is the desire of him who is a Hater of Unrighteousness and Injustice and a Lover of plain down-right dealing Truth and honesty E. L. The state of this particular Case in these Suits stands thus THe Petitioner before mentioned is Henry More at the Common Law Plaintiff against Thomas Wright And the said Henry More in Chuancery Defendant at the Suit of T. Wright Henry More at Common Law Plaintiff against Sir John Lenthal The same Henry More in Chancery Defendant at the Suit of Sir Jo. Lenthal Also the said H. More in the then Kings Bench and London in several Suits Defendant at the Suit of the said Sir Jo Lenthal The said H. More in Chancery Plaintiff against Mary Wright Administratrix of T. W. Also the said H. More in Chancery Defendant at her Suit And now H. More in Parliament Petitioner against Sir Jo Bramston and Sir Thomas Malet Kts. First I shall set forth the Petition to the Parliament which followeth in these words viz. To the Supream Authority the Parliament for the Common-wealth of ENGLAND The humble Petition of Henry More Merchant Sheweth THat your Petitioner having Judgment against one Thomas Wright for 7007 li and 1 s. and having him in execution for the same in the Custody of Sir John Lenthall Kt and the said Sir John suffering the said Wright to escape Your Petitioner brought his action of debt against Sir John Lenthall for the same and filed his Declaration in Hillary Term the 2 of February 1641. at which time the said Wright was escaped and at liberty And by the Rules of the then Kings Bench where the Judgment was had and the Action brought Judgment was to be entered according to the Rules of the said Court But to prevent the same Sir John Bramston and Sir Thomas Malet Kts ordered your Petitioners Declaration to be filed as of Easter Term 1642. by which time the Prisoner was dead And by those Orders your Petitioner barred from his Judgment due and all proceedings upon that Declaration filed as aforesaid and defrauded of his Debt and made remedles except only against the said Judges who made the said Orders contrary to Law and Equity and to your Petitioners utter undoing The Premisses considered and for that your Petitioner hath no remedy herein in any Court of this Nation or otherwise but by this Supream Authority as he is advised by many learned Counsel May it please your Honors to take this matter into your serious Consideration and order the same to be examined and your Petitioner relieved as your Wisdoms shall think fit And your Petitioner shall pray c. To the Petition the Judges made their appearance upon the 29 of Sept. 1653. and made a long and tedious relation impertinent to the matters in question Thereupon the said Committe made an Order in these words following Thursday Sept. 29. 1653. At the Committee for Petitions UPon hearing of Sir John Bramston and Sir Tho. Malets Answers this day to the Petition of Henry More Merchant it is ordered That the sixth of October next be appointed for a further hearing and examining the matter of Fact upon the said Petition the Petitioner is then to prove That his Declaration mentioned in his Petition was filed in Hillary Term 1641. That the said Sir John Bramston and Sir Tho Malet ordered the said Declaration to be filed in Easter

Term after and that the said Order and Alteration was contrary to Law Anth. Rous. Then were the Petitioners proofs made good that is to say That the Declaration was filed in Hillary Term 1641. the Order made by the late Judges Sir John Bramston and Sir Tho. Malet and that that Order for altering the filing of the Declaration from one Term to another to be contrary to Law by these Statutes following 1. Viz. Anno 9 Hen. Tertii Cap. 29. in these words We shall sel to no man we shall deny nor defer to no man either Justice or Right c. 2. Anno 2 Edw. Tertii Cap. 8. It shall not be commanded by the great Seal nor the little Seal to disturb or destroy common Right and although such Commandment do come the Justices shall not cease to do Justice in any point c. 3. Anno 15 Edw. Tertii Cap. 1. They shall do even and execution of Right to all rich and poor without having regard to any person And a Gentleman Councel for the Petitioner related truly the course of the Court of the Kings Bench as it was Whereupon a Gentleman replyed and at first began with smooth language but in the end injuriously fell foul on the Petitioners Counsel calling him a Gentleman of the Long Robe although he himself of the same Profession taxing him with not knowing the Law nor the course of that Court of Kings Bench where the Declaration was so filed alledging untruly that a Copy of it according to the course of that Court should have first been delivered to Sir Jo. Lenthall whereas in truth there was no such course nor custom in that Court when the Declaration was so filed nor many years before nor since as ever I could hear of nor is the Law so nor can or will he in writing aver the same so to be but I have heard the contrary affirmed by Practizers in that Court since the matter was in some debate in the Painted Chamber at Westminster before that honorable Committee of Parliament for Petitions and for any such Order to be made since there is none to be found neither if any were they of any force as concerning that Declaration being filed before But the Judges brought one Witness who only said as far as I remember that he conceived it to be the practise of the Court to deliver Declarations or Copies thereof to priviledged persons the same Term that they were filed And another Gentleman being a Practizer in the same Court also being called in and sworn on the Judges behalf was demanded the same or some of the questions as the first Gentleman was who did not say so much as the first but contrary as I have been since informed I having so many to oppose me and none who did or would at all help me or any to testifie or reveal any thing to me in this Cause because against such powerful persons but what they were strictly examined unto and brought to answer by command and the Judges having many coming willingly at the first call or without any sending for at all some of which being present at that Debate were called to testifie But as I have been informed by some standing near them since after some whispering of some of the Judges party the taking of their oaths was spared And I have been informed by many since the matter in agitation before the said honorable Committee that many if they should be called in upon their oaths can and must testifie that the course of that Court of Kings Bench when the said Declaration was so filed was and yet is that any man who hath cause of Action against any priviledged person in that Court may in his own proper person being the most ancient usage or by his Attorney file or cause to be filed a Declaration against such priviledged person within any Term and as some of them say any time before the continuance day being about three or four days next after such Term and that the giving to him or to his usual Attorney or Agent in that Court a Copy or notice of the filing of such Declaration any time before the essoyn day being about three or four days before the next subsequent Term is sufficient to compel such person priviledged as aforesaid to answer to the same that subsequent Term or else to enter Judgment against him And most Practizers with whom I have confer'd about these businesses have informed me that the like may be done to enforce an Answer or obtain Judgment to be entered if such Declaration should be filed and no Copy thereof delivered or any notice given until another Term although a year or divers years after or the essoyn day of the then subsequent Term in which the Plaintiff shall call for and obtain Rules to answer to be entered And the major part of ancient Practizers say that it is but in courtesie so that a Declaration be filed to give any copy or so much as notice thereof to any that have appeared in that Court but that in Law they being intended to be under custody of the Marshal or some for them ought to take notice of and answer to what Declarations be or shall be in the same Court filed against them or otherwise Judgment to be entered at the prayer of the Plaintiff or his Attorney hath been accustomed and by Law and of right ought to be entered against such Defendant for such Plaintiff and in Justice not denyed or delayed And the same custom hath been and is and the Law is so against such Marshal upon and for the same reason and much more stronger being always while the Court is open there present in person or so intended and some of his Agents or Officers are never missing who are to and do attend upon all his occasions there And some Ancient Clerks are of opinion that after a Declaration filed against a priviledged person in that Court the course and custome hath been and the Law is as I am advised by Council and doubt not but to make good he ought to answer from day to day or Judgement to be entred against him at the prayer of the Plaintiff And some of those that were called on the behalf of the Judges and not sworn and other practizers standing amongst them if they had been sworn and strictly examined on the behalf of the Petitioner could and must have testified some of them all and the others of them the greatest part as I have here set forth on the behalf of the Petitioner And after the Gent. Council for the Judges thought he had given me a check saying He himself had sat in such places as did the honorable Committee and in a frowning manner that he did not use to hear such language from such a fellow as I was as I conceive to dash me out of countenance and cause the Honorable Committee and the company standing by to have an ill opinion of me spining out time

More is voyd of all remedy in the premisses but in the Supream Court of Parliament The Iudges to make themselves innocent pretend that they thought they did Justice when they made those Orders and that now they do not remember upon what grounds they made them To this I say That so might the forty four Justices have said which appears in the 239 page of the Mirror of Iustice to be condemned by King Alfred for their misdemeanors but it seems that neither could nor would serve the turn for they did undergo the pains and penalties of the Law and those Judges Sir Iohn Bramston and Sir Tho. Malet had no more colour or ground for their judgment in their Orders then the old Judges for theirs But the long-winded daring and daunting Lawyer saith That sometimes Orders in Court are made upon Affidavits in writing which after be of late years filed in Court although anciently not so and that the Judges might have cause shewn which now they do not remember and that some things are beleeved and some not beleeved by some in Court To this I answer I wonder how any such ought to be beleeved who feign things which they know to be untrue and set a bold face upon them as though they were as true as the Gospel to run the other party upon a Lee shore And the Gentleman cavilleth at the filing of the Declaration although he did see it under the hand of Mr Hoddesdon who he said was accounted as honest a man as ever was Secondary of the Kings Bench Office that it had been examined and reported to be filed in Hillary Term and the Rules now in question and divers other Rules made in the Cause and the same was and can be made appear by Witnesses against which there neither is or was any exception taken And further to make it appear and manifest that the Judges might have been informed upon what grounds they made the first of these two Orders in question Mr Keeling who made and Sir Io. Lenthall who caused that first momotion to be made be yet living and well known to the Iudges and so is Mr Edward Harris who made the second of those motions By those and many Officers of the Court might the Iudges have been well informed of all circumstances in the business especially being the Iudges or at least one of them have been from year to year and from time to time called upon and desired to afford or help the Petitioner to relief in the premisses both while they were in Office or Iudicature and since but always hitherto delayed and refused and never stirred or went about to have the said Orders altered since they have been out of Office but suffered the Petitioner hitherto to groan under this sad oppression There is a strong presumption that there was some under-hand dealing between the Iudges and Sir I. L. for never the like act was known to be done or so much as heard of before during all the time that they sate as Iudges in that Court and therefore I think all that they have said cannot excuse them but they are as faulty in this as the old Iudges before mentioned of those things for which they were condemned And further they endeavor to excuse themselves because nothing is proved that they took for making those Orders and therefore they are not to be questioned To this I say Did the late Lord Chief Justice Richardson or late Justice Bartlet excuse themselves for taking insufficient Bayl though nothing were proved against them for so doing were they not compelled to pay the Debts themselves Or were the old Iudges before cited excused because that it was not proved that they gained any thing by what they did And were not some Iudges questioned and turned out of Office and fined and ordered to pay damage for adjudging the Ears of some persons to be cut off and sentenced to other miseries And the like for many other offences though nothing proved for so doing too long now to enumerate but much more may be said when opportunity serve And these Iudges Sir Iohn Bramston and Sir Tho Malet especially one of them had continued long enough in that place of Iudicature to have had more judgment then to be ignorant that they might make such Orders upon such Assidavits that he had not a copy of that Declaration in time for that he only deposeth in his Affidavit that he did not receive the Declaration until within Easter Term and if he had not had notice of the filing of it in Hillary Term before it is likely he would have deposed that as well as the other and therefore it cannot but be presumed but that he had notice of it in that Term in time although it were sufficient for the Petitioner to have his Declaration stand of Hillary Term without removing being a Rule was then given and entered that Term of which Sir I. L. ought and could not but to take notice and yet if he should have had no notice before the Declaration was given to him the Iudges could at the most but have given him imparlance until the next Term after that he had notice without any alteration of the Declaration And the Iudges might as well as make the Orders aforesaid order any Declaration filed within the time in the Statute of Limitation to be filed when the time is out and past when the Plaintiff should not have the benefit of his Action And they may as well when a Declaration shall be filed for mony due upon a Bond order that the Declaration shall be filed at a time before the date of the Bond when there is no cause of Action And so in all Cases by such means the Plaintiffs may lose their Actions and totally their debts and demands therein lawfully due and owing to them 1. This I thought good for several causes to publish First That I could not get any body who could to sort my papers readily out as the Iudges had and did and also to promp their Councel and no body to help me at all nor appear without compulsion nor speak any thing but what was drawn from them by questions 2. For that it may clearly appear to all unbyassed persons who shall read the same how much the Petitioner hath been and is dampnified by those Orders for if Sir Iohn Lenthall had not suffered Wright to escape the Petitioner had had 2000 l. down above eleven years since and security for the rest which he offered while he was a Prisoner and after he had escaped flew off and said he had compounded with Sir I. L. better cheap and therefore Sir I. L. was the cause of the loss of the debt of Wright and the Iudges for the obtaining the same of Sir I. L. by reason of the Orders 3. To the end that a good cause may not be thrown into the dirt by any decretal Order grounded upon untruths and would not abide the light when it was

questioned but was dampned long since upon solemn debate by many learned Councel on both sides before divers Lords and other Commissioners of the Supream Court of Parliament and the justness of the Causes of Mr More against Wright made good and the Bond questioned to be entered into and delivered upon good ground and really and not as in the scandalous decretal Order all which is manifested by the inrollments of a Decree in the Court of Chancery in one Cause concerning the said Bond for Mr More against the widow Wright Administratrix of the said Thomas Wright and of a dismission in another Cause wherein she was Plaintiff against Mr More 4. Because the common report is in the City of London that the matter in the decretal Order standeth as truth in many places by reason Mr More hath had such multitudes of adversaries which have divulged those falshoods abroad and few of his friends or others yet know the truth of the carriages in these Causes or take notice of the clearing of the scandals and manifestation of the lawfulness and justness of the Petitioner his Cause in all Courts I thought good to publish this short Abstract thereof hoping that after I have throughly taken advice about the business I shall procure another Petition to be drawn with enlargements and amendments against the aforesaid Judges So at present I shall cease to write further of these things until the said Petition shall be prepared unless I shall hear of something from any of the adverse party which if they please and can write any thing to purpose against what I have here published and then they shall soon hear from me again 5. That those who be have been or may be in danger to be perplexed in the like kind may find out and seek the same remedy not doubting but some will joyn with me in a Petition to be presented to the Supream Authority for a Law to be made That in every perplexed or troublesom Cause before any Court be pussled with lying or wrangling Lawyers which hath been too frequent of late years they having been usually fined for such things in ancient times after a Petition or Complaint exhibited admitted into any Court the Defendants may answer and the Complainants or Petitioners reanswer or reply the one after the other as long as any new matter be or shall be introduced and that to be without wilful untruths or impertinency under a penalty until the matters therein to be in issue shall be stated and that such writings may be read in Court and no person constrained to hire many Lawyers to con the matter without Book as is now used few or no single Lawyer being either able or willing to carry so much in memory and many times by misrepeating or opening and omissions of proceedings in writing by Councel many people have been undone and others received much damage And that according to the good and equitable Order which the honorable Committee for Petitions have made for Petitioners for setting of the proofs in the margin of Petitions that the like may be done by the Defendants or other parties of all which they shall contend for or endeavor to prove hoping that the Lord will give a blessing to the endeavors of our noble Legislators speedily to do and perform the necessary work of this Nation The principal matters concerning the Cause aforesaid are 1. THat Thomas Wright became bound to Henry More in a Bond of 7000 l. in the year 1629. and the Bond being put in Suit the said Tho. Wright pleaded per minus at Common Law then immediately fled to the Chancery where he put in a Bill stuffed full of lyes and scandals one whereof being that he was forced to seal the Bond but proved nothing at all which had any colour of any such practise 2. That Henry More did by three Witnesses prove the Bond sealed freely and willingly all being present at the execution thereof and also by three more which several days afterwards did hear Tho. Wright acknowledg that he had sealed and delivered such a Bond and if it were to do again he would do it and that he did it upon good consideration 3. That Tho. Wright did hire two Witnesses to swear Viva Voce which were accepted of by the Lord Keeper Coventry contrary to the course of the Court of Chancery at which time he made an Order That H. More should immediately deliver up his Bond to be cancelled which being refused some of the standers by were commanded to take it away who readily and violently performed the same 4. That Tho. Wright several times after moved the said Lord Keeper to have the said decretal Order signed which was refused because it suddenly came to his Lordships ear that the two Witnesses were found out to be such as aforesaid the one confessing and run away and the other standing convicted at Newgate for a common Cheat and Swearer for mony and that T. Wright had made his brags of the said Order but said that it cost him near 2000 li. 5. That when H. More had spent much mony at Common Law and in Chancery in the prosecution of his Suit for the space of about eleven or twelve years he obtained after a Verdict before the Lord Chief Justice Bramston a Iudgment for 7007 l. and 12 d. 6. That Tho. Wright was charged in Execution in the custody of Sir J. Lenthall and then proffered H. More 2000 l. or more in mony and security for the rest but before the mony payd or the security given T. Wright met H. More in London where he jeered him and said that he had made his composition with Sir J. L. upon better terms 7. That H. More then brought his Action against Sir J. L. for the escape and filed his Declaration in Hillary Term 1641. ten days before the end thereof and Rules were given and out that Term and no Plea put in so that Judgment was due and that a Copy of the Declaration was given to his usual Attorney and notice also to him the said Sir J. L. himself within the said Term which was more then H. More need to have done the filing of a Declaration against an Officer of the Court chiefly a Marshal being sufficient without any notice and warranted by the Law of this Nation 8. That Sir J. L. took the best course he could to disable H. More besides his prosecution of unjust feigned Indictments which cost at least 100 l. to defend and clear Sir J. L. attested him at one time in an Action of 1000 l. then upon an attachment of priviledg for 2000 l. by which he thought to have layd him up safe 9. That Sir J. L. endeavored to have H. More brought into his own custody and at his own Suit 10. That Sir J. L. perceiving that as he ought to have done he was in danger of paying the said 7007 l. and 12 d. procured Sir Io. Bramston and Sir Tho. Malet

to make an Order That the Declaration filed in Hillary Term 1641. should stand filed as of Easter Term 1642. when the said T. Wright by Sir I. L. was brought into prison again and two or three days after dead and the estate made away contrary to Law and the course of that Court 11. That by the practise of Sir I. L. H. More was deprived of having satisfaction of T. Wright and then the Judges made him remediless by taking the cause of Action off from Sir I. L. so that if the Gaoler may free the Prisoner and the Judges the Gaoler and not to be questioned all Debts whatsoever may be destroyed 12. That the Judges chief end of making the said Order must be to free Sir I. L. because if they should not have done it he must have payd the Debt for I cannot hear of any body that can remember or have heard of any such Order ever made by any Iudges neither before nor since 13. That Judges by the Law ought to satisfie all parties wronged by reason of their doing Injustice whether it can be proved they got any thing thereby or not 14. That Lawyers anciently in England and other Countries were fined for affirming any thing in the face of a Court untrue THE END This the Judges Council allowed confessed which if I had had time to speak to at large I shold have made appear did contrary and confound a great part of that which he spake on the bebalf of the Iudges * This is a meer fiction and so proved by the several proceedings in Chancery * The decretal Order then made was grounded upon the oaths of Wallis and Waleworth the one indicted and proved a cheat the other after the oath made fled no decree ever signed or enrouled nor colour of proof to ground any such decree upon It appears by some Orders that the Gentleman was of Councel in the Cause and may be acquainted therewith and where the infamy and foulness lies I shall shew immediately * Nothing at all of this proved in the Books or otherwise * This positively all proved by those three Witnesses being examined by order of Court * And confessed after by Wright before three other substantial and credible Witnesses also examined in Chancery to be freely and willingly done * This for the most part in the decretal Order of which the Gentleman made such a noise which he would have been ashamed of if he had repeated the whole truth which I shall express by and by * Of this I can make good proof by Viva Voce Witnesses if need be I have heard say that Wright did report also that he gave 1500 l. of the 2000 l. to the L. K. and that he gave his Secretary a Sute and Cloke lined through with Plush besides 100 l. in mony * And so since he hath been found several times convicted as was made so to appear in the Lords House of Parliament and for such things were so taken notice of by the Lords Commissioners for the Great Seal Proved in the Depositions in Chancery Witnesses to prove escape now dead If Judges can or have power to alter the filing of Declarations let it be upon what ground soever they can pretend without the consent of both parties no man can be safe to recover any debt whatsoever This it seemeth the Judges had notice of and had seen the papers of Wright and Sir J. L. otherwise why should they send to Mr Okeham to retain him in this Cause for them and to offer him mony which he refused and they and their Councel find out the mud and filth in St. Katherines to throw upon Mr More which they did or might see in Wrights Books was endevored before but missed and fell upon Wright If they had imagined they had had just defence what need they to urge such untruths and offer the Committee such vain things to interrupt their urgent occasions * He had provided a Habius Corpus to remove Mr More into his own custody if he could not have procured bail and yet he did sware that he set no Officer awork c. Sir J. L. left never a stone unturned * I heard that Sir J. L. should say that he was about matching one of his daughters and because Mr More did say he had a Judgment c. the match was broke off which was to his damage 2000 l. as he pretended They might have assisted the Petitioner to procure the Order to be altered seeing that Sir Jo Bramston many years since did so much take notice of it as to say that if he had not been put out of Office he would have altered it c.