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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

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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
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 Concernmen● and Profit wherefore the Author hath been at this charge of Printing it Who riseth up with me against the wicked Who taketh my part against the evill doers If the Lord had not helped me my soul had been put to silence Wilt thou have any thing to do with the stool of wickedness which imagineth mischief in the Law Mr. Tindalls translation Psal 94. If a Ruler hearken to Lies all his servants are wicked Prov. 29.12 None calleth for Justice nor any pleadeth for truth they trust in vanity and speak lies they conceive mischief and bring forth iniquitie Esay 59.4 Of false Judges assigned King Alfred ordained such Judgement that the wrong they do to God whose Vicegerents they are and have conusance to judge Offenders that first they be judged to make satisfaction to those they have hurt that are parties Plaintiffs The Book called The Mirrour of Justices pag. 207. LONDON Printed for the Author 1655. TO HIS HIGHNESSE O. CROMWELL Lord Protector of the Common Wealth of England Scotland and Ireland And to His Honorable Councellors and Assistants O. CROMWELL I Am moved by Gods Spirit this present 24. of May 1655 to write this to You and those that assist You in Council for your leisurely perusal with the other lines that belong thereunto and also to present them by the spirit of God who is the King of all the Earth and reigneth over the Heathen and of a truth will be found no respector of Persons though many that are in places to Judge the People give false Judgement and respect Persons both in the High Court of Chancery And that Illegall Arbitrary Irregular Unlimmited Court now called a Court of Probates c. in which is executed more the will of man then the judgement of the Lord they respecting the Persons and Profitts one of another as they do yet in Chancery although in the Ordinance for Regulating and limmitting the High Court of Chancery it is Ordained fol. 523. That for the future there be no more cause of just Complaints from the People SIR it is hoped good things will be found in You Jehu told Jehoshaphat 2 Chro 19.2 3 For such a thing he had provoked the Lord to be wrath with him Neverthelesse good things are found in thee and that You will set Judges over the People of the Common-Wealth of England Scotland and Ireland You having accepted the Stile of Lord Protector thereof and sworn to Govern these Nations according to the Lawes Statutes and Customes seeking their Peace and causing Justice and Law to be equall Administred The Lord God of our Fathers enable Your Highness to put in such men to Judge between the People that may be men of Truth fearing God and hating Covetousness as Jethro advised Moses Exod. 18.21 the People have been long abused and oppressed by lying unsatiable extorting unfaithfull unconscionable Lawyers and men in places of Judicature to the dishonor of God and the destruction of the Nations and their great reproach for sin is a reproach to a people or Nation But Justice or Righteousness exalteth a Nation Prov. 14.34 and lying lipps are an abomination to the Lord but they that deal truly are his delight Prov. 2.22 then all lying men in place of Judicature and ●ying Lawyers that deal not truly are an Abomination to the Lord The Apostle who knew all Gods Councell Acts 20.27 For he must first know it before he could declare it Rom. 13.1 2 3 4 5 6 7 saith God ordaines Powers for the Peoples Weale or good and such are called Gods Ministers and are to attend continually for that very end or thing for the Peoples good and well-being if the People do well but they are to take Vengeance if the People do evil and to such ministring Persons ought People to be obedient or subject unto not because of their wrath but for Conscience sake Your Highness assisted with your Council hath begun to limit and regulate that unconscionable Court of Chancery and lying delaying Practisers and to pull down their extortions by your Ordinance made August 22. 1654 though they are loath to obey it Oh judge for the Lord and limmit and regulate that unchristian corrupt Court stiled a Court of Probates c for the Civillians must confesse their Law is a Sea full of Waves and as uncertain as the present Judges mindes thereof but the grounds of our Common Law have from the beginning been lay'd with such deep Wisdom Policy and Providence as they do provide for and meet with almost all Cases that can fall out in our Common Wealth Th' Imperiall Power th'immeiate Power under God and Christ is setled in Your Person with Your Council and all Writts Processes Commissions Patents Grants and other things in Your Name they are to run as the 2 3 33 Articles of Government declared Decem 16. 1653. and from You to be distributed in all Courts they acting and doing in the Name of Oliver Lord Protector should act justly and truely and the Pen-man hereof shall exhort all People with the words of Paul 1 Tim. 2.1 2. to make supplycations for Your Highness c. and all you shall preferr to Judge between the People and deal truly therein that so we may lead quiet and peaceable lives in all godliness honesty for false Judges and false lying Practisers about the Law under them must be a more intollerable and ahhominable thing then Warr beleeves Yours while GOD is with you and you with him Cap. Nathanael Burt. AN EPISTLE DEDICATORY TO Mr. WILLIAM WHETSTONE His hoped for Freind in the Truth SIR THat a man should Dedicate his case to one he is forced to sue in the Law one would think should seem a Juggle or a Paradox but it will not be so found in this and I shall cleer it to you or any else for in the Mirrour of Justices pages 156 157 158. Our Ancestors if the partie would not confesse that had done any falsitie to a man in deed or word where there was no witness to testifie the truth they were suffered to enter Battell if Equalls for Declaration thereof or proof thereof and sometimes they proved by Witnesses saith the Author for if a man hath done any falsity to me in deed or in word whereof he is appealed or impeached in Judgement if he deny it it is lawfull for me to prove the Action either by Jury or by my Body or by the body of one Witness Now that Battell is