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A78011 An appeal from Chancery, to the Lord General and his Councel of Officers, as also to the Councel of State, and to all free-born English men of honest hearts, who have not forfeited their liberty, or captivated their reason, but fear and love the name of God, and the interest of all honest men, ... that Christs kingdom may be advanced, and the kingdom of Satan, with Antichrist, and that of the beast, may be thrown down, with all their covetous, persecuting, ... perjured officers, ..., either that have been corrupt Parliament-men, ... such who are in places of judicature, ... with every corrupt member thereof, ...in England, or in places called Innes of Court, or the devil's school of sophisticating and lying, frauds and hypocrisies, which bring forth a generation of vipers, ... wolves in sheeps clothing, ... or those in places of government in cities, ... who usurp authority over English-men, and that because they are in place or places over them, they combine also with this serpentine brood, and tyrannize over their brethren which never yet brake their trust, as the most of these have done, and that because they will not sacrifice to this devil of unrighteousness, ... to do unrighteously, and to deceive, and defraud, and oppress their brethren, and to undo them, as these experimentally many of them are found and known to do, for filthy lucre sake. Burt, Nathaniel, fl. 1644-1655. 1653 (1653) Wing B6141; Thomason E697_21; ESTC R207111 20,805 28

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among them as is among you yet it could not help them I rather believe it hastened their dissolution Be herein advised you Guildhalls and Corporations or Fraternities incorporated and you which call your selves Governours therein and thereof who are in Office and are averse therein for your brethrens good Have you not learned this aversion and bitterness of this corrupt fountain the quondam Parliament to perpetuate your own fittings as the corrupt Parliament did before you and as they endeavouring to perpetuate themselves enslaved the Nation as our fellow-souldiers Remonstrance from Scotland relates p. 4. and we by experience have found it both from them and you who by perpetuating your selves enslave your brethren and tyrannize over their persons and estates But believe it our day of Redemption groweth neer and the bud of our Liberty beginneth to appear and as both Monarchy and the Parliament are dissolved so are the great Diana's or Idols your Charters which you boast of and trust in fallen and so will you and your power you usurp and exercise thereby since the makers thereof are dissolved the thing made with or by them must cease since both succession faileth as well as the predecessor that granted it as your selves well know and proclaimed it down in all Cities Ports and Corporated Towns and yet you will adore and set up the Idol-Deed-Patent Grant or Charter of those dead conquered nulled dissolved or if living yet not to de owned served obeyed by English-men so that since the lively character of Succession is dead to this Commonwealth and it is Treason against the Commonwealth to acknowledge any other then I pray what are all your Grants and Charters worth you so love honour idolize and tyrannize by Wherefore you in places of Government and Power in Cities Ports corporated Towns and Guild-Halls and other Halls and Corporated Fraternities weep and howl for these your Idols are fallen by which you have made your selves rich and have corrupted your selves See what James adviseth Ch. 5.1 to 9. and repent of the cries of your brethren which are come up against you and behold the Judge standeth before the door Wherefore I intreat you all to repent and to walk humbly and glory in nothing but this To understand and know God the Lord which exerciseth and is delighted in mercy or loving kindness judgement and righteousness Jer. 9.23 that so your brethren may live by you in peace and not be any longer oppressed defrauded destroyed Yet trust my dear brethren in Jacob's God and not in man in whom there is no help whose breath goeth forth and he returneth to the earth for it is better to trust in the Lord then to put confidence in man David knew it in all his troubles yea he knew it is better to trust the Lord then to put confidence in Princes Psal. 11.8.8,9 Then I pray if there is no help in man nor trust in Princes Psal. 146 3,4 5 6 7 9. what trust can be in the Grants or Charters of dead Kings and yet none to be given to the persons of living Princes But happie is he that hath the God of Jacob for his help and hope which keepeth the truth for ever O remember this you Judges Justices Commissioners Masters of the Chancery you that call your selves Lawyers but are Lyers Counsellors at Law but are Concealers of our Law and all your Viperous and Serpentine brood Know that God which keepeth truth for ever looseth the Prisoners giveth food to the hungry executeth judgement for the oppressed loveth the righteous raiseth them that are bowed down openeth the eyes of the blinde preserveth the strangers he relieyeth the fatherless and the widow but the way of the wicked he turneth upside down Reader here followeth the Petition to the quondam-Speakers Sir John Lenthals brother but as he is Master of the Rolls which is the first part of my appeal to the Souldery for then there was no other visible power setled for the people who are the Common-wealth and his order thereunto to dismiss my Bill then in Chancery to which I still stand because I paid the costs to Mr. Web a party in the behalfe of the rest of the combinators or his complices and here followeth the Order since made which provoked my Petition to the General and councel of State the present setled trust for the people to declare and manifest the abuses of the Chancery and Rolls proceedings for filthy lucre sake to betray and undo the people of the Common-wealth my dear Country-men for whose sake I have presented these lines for their preservation to whom next unto my Maker I hold as I ever did my self obliged and shall to procure the good of the publick though I know for this I shall be censured abundantly of abundance of men there being by computation in England and Wales of Lawyers Solicitors Clarks and their dependents about six score thousand besides the multitude of Office is discovered herein in Guild halls and all other Corporated Companies and places which may seem to be offended hereby their wickedness being rebuked like that of the Lawyers mentioned Luk. 11. 45. for their hypocritical formalities and ravening wickedness Then answered one of the Lawyers and said unto him Master thus saying thou puttest us to rebuke also But he said Woe be to you Lawyers who lay grievious burdens upon the people and take away the key of knowledg from them c. And he reproves the proud Pharisees men in place as Aldermen others for their formality and devouring widows houses since the great fraud by imbezling the Orphans estates in Guild-hall London is in Print discovered which one would think were for the value thereof incredible if not printed to relate for which doubtless God will be avenged who is the Father of fatherless where you defeated Orphans put your trust in him he it is that relieveth the oppressed the fatherless and the widdow which sheweth mercy judgment and righteouss in the earth and is delighted therein The parable of the unrighteous Judge mentioned by Christ Luke 18. which neither feared God or reverenecd man yet when the widow demanded justice of him against her adversary he at the last said to him self Because this widdow trossbleth me I will do her right lest at the last she come and make me weary And it is beloived that when he had done justice and right to her he did not afterwards by Petition Motion or Order undo what he bid by her importunity done for her Lords Commissioners and Master of the Rolls let your Chaplain or Chaplaines oft read this Gospel to you and let it be expounded to the mercenary lying Lawyers and then let be read unto them both my Petitions and a few of their regained and again regained Orders either by Motions or Petitions or both at Court the Temple or the Rolls by which they have overturn'd overturn'd overturn'd Equity or Justice and Right There being a Warrant sent to me under Nathanell
leave aspersing of them and leave the words to sober judgements whether they were blasphemy against God or no they setting the sincerity of their hearts as it were above God to save the spilling of blood and charge it upon God and also the breach of the Amity when the Apostle St. James faith Chap. 3.17 18. The wisdome that is from above is first pure then peaceable gentle easie to be intreated full of mercy and good fruits without judging and without hypocrisie And the fuit of righteousness is sown in peace of them that make peace But observe the noble General and the Souldery in their Declaration say page 6. We have been necessitated though with much reluctancy to put an end to this Parliament which yet we have done we hope out of an honest heart preferring this cause above our names lives families or interests how dear soever with clear intentions and real purposes of heart to call to the government Persons of approved sidelity and honesty believing that as none will expect to gather grapes of Thorns so no good men will hope that if persons so qualified be chosen the fruits of a just and righteous reformation so long prayed and wished for will by the blessing of God be in due time obtained Wherefore my dear and honest Brethren truly honest English men let us minde our time for to reform not altogether the Law which next unto Gods Law is sacred much of it but the abusive mercenary lying Lawyers and their dependants who are diabolical and corrupt the most of them scarcely being Christians who like the sons of Zeruiah are to strong for us and our liberties utilleties rights and profits yea to the dayly imprisoning of us against Law and English right liberty and Freedome many times to the destruction of our lives as well as our estates and inheritages by fraudes forgeries perjuries extortions briberies false returnes by Sheriffs and Bayliffs or Secondaries false and partial reports by Masters of Chancery false orders by Councellers Registers and Clarkes inserted either for bribery self-ends partiality or by combination to uphold their friends in their diabolical and antichristian kingdome and to destroy the innocent and quit the guilty as by my late Newyears-Gift more fully set forth and that colourably by motions both private and publick by informations Petitions fals suggestions demurrings which are but denying lyings both to bills and in answerings thereunto to choak the truth yea calling truth a lye or a slander if it be against a man in place as a Justice of Peace an Alderman a Justice of Peace his Clarke if it be against a Sheriff or his Varlet vulgarly called a Serjant of the Compters or any of the Sheriffs Officers or the Clarke of the Peace or the Jaylers the Sheriffs Deputy yea could the hangman the Sheriffs deputy deal unjustly he should not want a lying mercenary Lawyer or concealer of the Law or serpentine soliciter or partial Parliament-man that was or a Master of the Chancery to solicit plead or report for him or his masters being in place of power or profits pretending such are scandalized also you have these corruptions in Guildhalls and in Corporations and Fraternities of men which should be honourable just and true with their Officers and Clerks and attendants Therefore my dear and honest brethren if you will avoid Englands confusion and therein your own assist the honorable General and his Councel of Officers in your prayers and the Councel of State against all these corruptions and corrupt lying Lawyers and Officers and chat by chusing persons so qualified into all places for future as may bring forth the blessed fruit of a just reformation in righteousness to the refreshing of all the good hearts who have been panting after those things As the Declaration at White Hall April 22 1653. pag. 9. expresses and delay you not to do it since these noble and honest souldiers have begun lest you by your negligence and cowardise betray both them again and your selves and posterity and are forced to take up Davids lamentation 2 Sam. 2. concerning Joabs malice and treachery to Abner and therein to David and to the peoples unsettelment wherein David complaineth I am this day weak and but newly apointed or the people all agreed about the government and ●●●●men the sons of Zeruiah be too hard for me the Lord 〈◊〉 the doer of evil according to his wickedness 〈◊〉 fore I do appeal unto all honest and faithful Englishmen 〈…〉 not forfeited their liberty and freedome whether of the 〈…〉 to be faithful active and trusty herein and 〈…〉 work which is already begun for the settelment of the Nations in peace and righteousness carefully to watch the sons of unrighteosness and corruption enemies to our settlement concealers of English Law and traytors to our peace and liberty freedome and profits and in time to expunge them out of place and power but for the corrupt lyers which call themselves Lawyers but are not by advice for ever to expunge them and their attendants who act and practise unrighteously and illegally yea to extirpate them of all sorts that so the Channel or Current of Law and Justice may issue flow or run from or through such men as may be men that are known to be such men as fear God and hate covetousness partiality gifts or bribery extortions frauds false returns dissentions false entries or registerings lyings suggestings demurrings which are but denyings or deceits or delayings For as David said 2 Sam. 23.2,3 The Spirit of the Lord spake by me and the strength of Israel said Thou shalt bear rule over men being just and ruling in the fear of God Now all unrighteousness lying and partiality is diabolical Anti-christian and a transgression both of the law of God and man for if ye fulfil the royal law according to the Scripture thou shalt love thy neighbor as thy self But if you have respect to persons ye commit sin and are convinced of the Law as transgressors Iames 2.8.9 Now when the Lawyers for the Law which is good and equitable to all without respect of persons rendering to every one their due shall delude the Courts by false suggestions not rendering the case right in their motions on purpose to take advantage against the other party by informing the Judges in Court with a lye by which means both Justice and Law is perverted and the Judges abused who are sworn to do true judgment when they come to their places according as God commanded Israel Deut. 16. 18 19 20. Judges and Officers shall thou make thee c. and they shall judg the people with righteous judgment Now how can the Judg or Judges judge the people righteously when the Councellor both concealeth the law from the people and the truth of the matter from the Judg or Judges informeth by his motion or motions he being seconded by another Lawyer or lyar like himself falsly of the cause and matter depending how can it be but
by the unjust and false practises of some hath yet found wormwood and hemlock for judgement and equity for he hath seen the Court and your Honour much abused by misinformations false suggestions and Petitions to gain their wills to conceal former orders and proceedings thereby to delay and undo your Petitioner and he believes he can make it appear also byorders therein surreptitiously procured insinuated or inserted entred and Registred one Order whereof they thus obtained of your Hoour by a Petition November 10. 1652. to delay your P●●●●●●ner from an answer as they had done 6 months before amongst themselves when by Petition and Letters he sought themselves as a Company of Assistants in power for Peace but they would not yet since they have given him two of his lost leases again and taken a new sine of him which is part of his said Bill and since that your Petitioner taking out Attachments to cause them to answer in Hillary-Term last they by Petition February 18. 1652. to your Honour falsly suggest that your Petitioner was agreed with them and so got an Order to stop his Attachments and as they had promised before in their first Petition to answer to the Petitioners Bill so now they procured 14 days also yet never payed the Attachment costs and contrary to the just and honourable rules of Court which ought to be kept and observed by all and they have demurred and not answered on purpose to delay and vex by delatory arguing and by multitudes of Fees and Charges to undoe your Petitioner when they should have fairly answerd to him therein by promises Your Petitioner therefore humbly prayeth your Honour the truth hereof considered that your Honour will be pleased to command them as in equity they now ought to give in their several answers to the Collateral part of your Petitioners Bill or else so to order it that your Petitioners Bill may be dismissed with such reasonable costs as to your Honour shall seem meet he being an Administrator he being like else by the false practisings and delayes already past to be undone therefore he prayeth also to be at liberty to prefer a new Bill without he doth appeal to the General and his Councel of Officers of war herein for justice and equity if that by your Honour he be not herein reserved which if by you he shall viz. Your Petitioner and his shall ever pray for your Honour April the 29. 1653. Capt. Nathanael Burt. April the 30. 1653. Let the Petitioners Bill be dismissed with 20 s. costs and he be at liberty to prefer a new Bill William Lenthal Readers of all sorts observe after my Bill was dismissed and the costs by my adversaries received they maliciously again move the Court to have my Bill detained because they were not pleased with small costs when I ought not to have paid any costs being an Administrator as is recorded in Dixy and Watsons case he exhibiting a Bill to discover Assets lately and also they amerce the Sheriffs to bring in my body 5 pound at three several mens complaint one of them being the varlet which made the Arrest upon Iames Ryton for 100 pound when I had the false return made under Sheriff Ireton and believe shall be defrauded thereby wholly thereof which was part of my bill and I have the Writ so returned in my own custody to prove the thing done and the oath of Edward Miles in the Court to prove the Arrest and the mony paid for doing of it which Hurst also received the half thereof from Miles's hand who was his Yeoman therein yet Hurst denys by demurrer upon oath the Arrest the mony received or any part of the Bill and can this be any other then a deceit yea a cheat And so doth Sheriff Ireton also deny it by demurrer yet he was spoken with several times therein by my self when the false return was made to delay and spoile me therein and that by Mr. Ellis the City-Cryer Ryton was cryed and that by Sheriff Iretons knowledg who was acquainted therewith both before it was done and afterwards by Mr. Ellis the Cryer Iames Ryton the second merced the Sheriffs and my false brother Iohn Burt the third who procured amercements against the Sheriffes to bring in my body to answer to them and their Interrogatories to Iretons Interrogatories by misinformation to the Master of the Rolls who had dismissed my Bill as appears in Court filed under his hand April 30. 1653. Yet again by motion seven dayes after the Order being served and costs payed by a misinformation in the Rolls in Sheriff Iretons behalf to the Master of the Rolls there is an Order in the Rigisters Office privately entered or insinuated by a pretended motion made by Iretons councel therein that I should come in and be examined in four dayes afterwards or be sent to the Fleet for my contempt and I pray good people Souldery and Councel of State how could there be a contempt when there was no Bill in Court it being by the Master of the Rolls dismissed and the costs payed some dayes before and upon these great abuses I took occasion to Petition the Captain General Crumwell c. viz. To his Excellency the Lord General Cromwel and the Councel of State for the present Government of this Common-wealth Conservators for the peace thereof The humble Petition of Capt. Nathanael Burt against Thomas Web Thomas Starky William Pease Francis Dashwood John Cox William Kettle of the Company of Sadlers of London also their Clarke and many others of the said Combination and Confederacy Humbly sheweth THat suing these Combinators in a place called the High Court of Chancery which should be a place of equity and conscience to ease and releive such who upon just grounds should apply thereunto for discovery of Combinators who fraudulently conceal or imbezle either writings or monyes from persons impotent through extream age or Administrators who succeed the former dying intestate that these persons named and others not here named but named in your petitioners Bill by their several combinations possessed themselves of and concealed from your Petitioner of his deceased fathers estate who dyed intestate about 2500 pound in Mony Leases and Morgages which they yet detain against the minde of the deceased intestate as in his life time was declared and against the conscience and equity ought to be in the high Court of Chancery were they not partial and corrupt as the dissolved Parliament yea they do act this combination against your Petitioner being assisted by the viperous mercenary lying Lawyers and serpentine Solicitors and Clarks purposely of covetousness and malice to destroy your Petitioner who when he took out Letters of Administration gave security to Court Christian to give in a just and true account Your Petitioner also sheweth that a against these combinating Assistants above named of the Sadlers Company of London since his bill was preferred in Chancery there sitting a Committee of the late