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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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Law and much Money you have caused to be spent and loss sufferings to me and it is like have had a conscience less void of offence but after you were come forth from him I having left you together you may remember that before you and I then parted you wept to me and said You durst not answer the said Bill least that you should make your self guilty of Felony thereby the Keyes of our Father having been Cryed and they and other things of our Fathers by you denied and the God of truth knoweth this is truth for I beleeve as it is written A false Witness shall not be unpunished and he that speaketh Lies shall perish he shall not escape it is mentioned twice in five Verses Prov. 19.5 9. and a lying tongue An heart that deviseth wicked imaginations A false Witnesse that speaketh Lies and him that soweth Discord among Brethren are foure of the seven things God hateth Prov. 6.17 18 19. and that are to Him an Abomination Since it is thus John Burt you must repent for your Lies spoken and sworne by you in the Court of Probates c. with your hand lifted up towards heaven June 6. 1653. and in your Chancery Answer not long after and observe it well though I do not say as Peter said when Ananias lied or dissembled or played the Hypocrite discovering a part and keeping back a part of what he sold his possession for Acts 5.1 2 3 4. VVhilst it remained was it not thy own and this was by the Apostle called deceit as well as Hypocrisie dissembling and lying yet you do not onely keep back much of our Fathers Estate and conceal it and denie it but you sweare thereunto and lye in your swearing and for your swearing a Lie I say to you as Peter said to Ananias Why hath Satan filled thine heart to lie to the Holy Ghost Why hast thou let Satan fill thine heart to lie in the Presence of God with thine hand lifted up towards heaven as is before set forth The Lord by Hosea saith By lying and swearing with other sinnes a Land is brought to mourne and all therein to languish for abusing of the God of truth and such wicked speakings and swearings in Scripture are called as well Cursings as Lyings and Perjurie if you read the Bible with Annotations it is said Perjurie in the other Cursing Psal 14.7 His mouth is full of Cursing and Deceit and fraud sure he is looked on by David to be so wicked that he doth not care what he deviseth or doth in his Pride to bring about his imagined or malitious ends or what he saith or sweareth under his tongue is mischief and vanity Psal 50.12 And let them be taken in their Pride even for their prrjury and Lies they speake for the sinn of their mouth and the words of their lipps And we see the Pillory catch them sometimes by the Law of England for their false swearings the sin of their mouth though in the Chancery lying lipps is cherrished to beget Delayes and Demurres and to procure Motion upon Motion and Order upon Order as thousands by woefull Experience have found to their great loss and detryment yea to their undoing and impoverishing and ruine For if the Lord had not been on my side long ere this I had been devoured therein as now the Court of Probates destroy my Title and Interest against Law to destroy and expunge or draw out my Estate in Charge of Law-suits to defend my right by Law even my birth-right which by Law was given me to be sole Administrator of my deceased Fathe s Estate and of all and singular the Goods Chattells and Debts of the said disceased whatsoever and the Law gave me power to demand by my Letters of Administration and Collect Levy and in legall manner require all and all manner of debt or debts due and oweing to the said deceased These are part of the words of my Administration and I would very fain know of the Judges for Probates and granting Letters of Administration if an Administrator can Demand Coll●●● Leavy and in a legall manner require all and all manner of Debt and Debts due oweing to the said disceased he is made Administrator unto if any who concealing the major part or part thereof lesser or more and sweare the contrary before their faces in Court as you have done John Burt and if I or another man by vertue of Letters of Administration can either demand Leavy and in a legall manner require any debt or Debts or Collect any such due or owing he wanting Witness thereunto so long as they continue concealed buryed and detained by the Policie deceit fraude and evill Conscience or contrivance of the Concealor who maliciously sweareth falsly he knoweth not thereof or of any part of the deceaseds Estate or parcell th●reof that any hath come to his hand● or Poss●ssion since the decease of the intestate or doth r●main in his Custody at his present swearing n●ither doth he know of any of the Dece●seds Estate remaining in the hands or P●ssession of a●y other P●rson but onely of the Administrator ●uch an Oat being taken in any Court of Equity or of Probates by any conc●●le● how the Administrator can either Collect or Leavy in a legall manner by any Power of his Administ●ation any Debt o● Debts oweing and due to the said Estate when men will so pernitiously conceale and combine together to defraude the Administrator and so cursedly lie and sweare therein untill time discover the truth thereof and that by witness to testifie the same that so the obstinate concealer of the intestates Estate which denyeth it by Oathes and maketh his neck as an Iron sinew and his brow Brasse to lie and sweare untruths which it is beleeved you have done for which I pray the Lord who deferred his anger to the house of Jaacob and refrained to cut them off to give you repentance that you may no more sware falsly and dishonour the Almighty by taking his Name in vain I testifie therefore unto you John Burt that by the Law of God and man you have no part of our Fathers Estate remaineth in your hands or custody or disposed of and by you concealed belongeth to you or any you have disposed of it unto without my consent thereunto and thereof for by Gods law you ought to restore it to me as the next of kin and so the representor of his Person or Father disceased and by law sole Administrator of all that can be called his Estate or belonging thereunto in his life and at his death and you knew thereof very well it being the second Article of our Agreement That Nathanael Burt the eldest sonne of Nathanael Burt deceased Citizen and Sadler of London should sue forth of the Prerogative Court under the seale of the said Court. Letters of Administration and the third Article thereof Item That either of the said Parties shall and Will from time to
time to the utmost of their and either of their knowledge make full and cleer discovery and Declaration of the said Estate and to this you know Major Hayne the Scrievener that made them and his two Servants are witnesses therein and at the same time you sealed a Bond of 500. l. to me to keep the Articles and Covenants therein contained which was to Discover from time to time the Estate but not to conceale the Estate from time to time which if you submit not your self for the breach thereof time may compell you thereunto or discover it to Englands Law which may compell you to perform or suffer accordingly and reward you for breach of your Articles and Covenants and Bond and faith as a younger sonne or younger Brother and then truth will discover it to time and time then will not conceal it from the knowledge of men when that shall come to passe And you and your Complices opposed me all that you could before my Letters of Administration were sealed to me and withstood me to the face to hinder me therein but then I striking the words of the Statute law 31 Ed. 3. 11. and the 21 Hen. 8.5 And proving my self to be the next of kin and the next most lawfull Freind of our Father who died intestate and none being in equalitie and degree of kindred with me which being by me written out of the Book and brought in my hand that I might strengthen my Claim thereby you and your Complices Pride was abated your malice for the present asswaged and your Devices for that time confounded and by Letters of Administration I was legally confirmed sole Administrator c. and neither you nor your Complices secretly or openly could hinder me thereof except you had bereft me of my life and by that means my last glasse had been run as in September last 1644. you threatned me so indeed if you had not suffered by law you might have come to have been Administrator to our Fathers Estate deceased But while I live you cannot be by Gods Law or Englands Law or Custome for if that there were any truth or mercy or knowledge of God in the Chancery to be found I or another man might have relief therein according to the Statute of the Fift of Eliz. cap. 5. which saith For the avoiding as well of long and tedious Suites as also great Expences in prosecuting of Civill Causes by reason of divers Appeales permited to be made by Order of the Lawes Civill in such cases c. Be it inacted c. all and every such Judgement or Sentence definitive given or pronounced in any Civill and Marine Cause upon Appeal lawfully to be made therein to the Queens Majestie in Her Highness Court of Chancery by such Commissioners c. as it hath been used in such Cases shall be finall and no further Appeal to be had or made from the said Judgement or Sentence definitive I would ask any man or Commissioner thereof How the People can expect Equitie therein or relief thereby since they will not obey and fulfill that Equitable and lawdable Ordinance Ordained by His Highnesse the Lord Protector by and with the consent of His Council who Ordained therein That the Chancellor Keeper or Commissioners of the Great Seal for the time being shall according to the times and in manner by this Ordinance prescribed put in Execution all the Rules Lawes Orders and Directions before mentioned That for the future there be no more cause of just complaints from the People folio 522. 523 or who can or dare be incouraged to appeal to His Highness● Court of Chaucery while the Practisers therein delay the People and put them to such trouble and Expence that it is scarce one of a thousand but may feelingly experimentally say that when they are complaining therein and wayting for Equity the Remedy there is as bad if not worse then the Disease being thus feelingly sensible of the iniquitie of this unconscionable Court which the Commissioners should take care with all diligence and Circumspection that all the Officers Ministers Clerks and servants belonging to the said Court do honestly and faithfully c. in the Chancery but how many faithfull English men heartily desire the regulation yea rather the Reformation thereof in Conscience in honesty and truth and of all Courts of Judicature according to Gods Word and Law and not that they should imagine and practise mischief in the Law I conclude against the iniquity Falshood and false judgements I have seen in the Court of Chancery which when they have submitted to the Ordinance I will call the High Court of Chancery because they may be then said to be under His Highnesse Protection when they obey his Ordinances which are for Gods glory and the Peoples good as this Ordinance it is hoped cannot but be and also that thing so irregular and unlimmittd at Doctors Commons which calls it self with all that rabble Rowt belongs thereunto a Court of Probates c. when sitting which formerly sate in the Starre Chamber place at Westminster where when there were Bishops and a King or a King and Councill and Bishops held a Court there called the Starre-Chamber from the place and it is beleeved by judicious men though they were cryed but against for Injustice Extortion and Opressing of the People and acting Arbitrarily against Law that these have exceeded their Exorbitances and have exacted and extorted from the People since their being which was in comparrison but the other day abundantly more then they only these have some colourableness for their exacting of Fees by the Act of Parliament made Aprill 1653. to continue in force untill the first of Octoher 1653. and no longer the remainder of the Fees taken by the Registers their sallaries and under Officers being paid and Clerks the overpluss or profits to be paid to Commissioners for the use of the Navy Reader I will give you an account of one Extortion Acted in this Court of Probates June the 8. 1654. by which a Widow with five Children was oppressed against the Statute of the 21 Hen. 8.5 In my own sight and knowledge since obtainmed of the Statute Law to curbe their Exactions and Oppressions thereof which was thus A Minister of the Court of Probates agreed with the Widdow before he would deliver her the Administration under the Seal of the Court for 3. l. for which she paid him down presently 50. s. and promised him 10. s. more and then he delivered the Widdow Letters of Administration her Husband dying Intestate and her Inventory did but amount to not full 20. l. and by Statute Law he should have taken but 3 s. 6 d if they had amounted to 40. l. sterling so they had not exceeded and not above and I never knew this Statute repealed and the unlawfull Exactions are said in the said Act To be against Right and Justice and I pray why hath not His Highness the Lord Protector and His