ADVICE, Sent in a LETTER From an Elder Brother, to a Younger. Which he miss of by being absent, since occasionally Printed, it relating to remedying and reforming several Abuses in the COMMON WEALTH, by several Practisers pretending Equity and Conscience in the High Court of Chancery, and that unsettled, 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 bewailed, and it is hoped, may be of Public Concernment, 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 evil 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. tindal's 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 iniquity. 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 Mirror of Justices. pag. 207. LONDON, Printed for the Author 1655. TO HIS HIGHNESS, O. CROMWELL, Lord Protector of the Common Wealth of England, Scotland, and Ireland; And to His Honourable Councillors and Assistants. O. CROMWELL, I Am moved by God's 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 Illegal, Arbitrary, Irregular, Unlimmited Court, now called a Court of Probates, etc. 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; Nevertheless good things are found in thee, and that You will set Judges over the People of the Commonwealth of England, Scotland and Ireland, You having accepted the Style of Lord Protector thereof, and sworn to Govern these Nations according to the Laws, Statutes and Customs, seeking their Peace, and causing Justice and Law to be equal Administered; 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, unfaithful, unconscionable Lawyers, and men in places of Judicature, to the dishonour 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 lips are an abomination to the Lord, but they that deal truly are his delight. Prov. 2.22. than 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 God's Council, 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 ordains Powers, for the People's Weal, or good, and such are called Gods Ministers, and are to attend continually for that very end, or thing, for the People's good, and well-being, if the People do well; but they are to take Vengeance, if the People do evil, and to such ministering 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 limit and regulate that unchristian corrupt Court, styled a Court of Probates, &c, for the civilians must confess, their Law is a Sea full of Waves, and as uncertain as the present Judges minds thereof, but the grounds of our Common Law have from the beginning been laid 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'imperial Power, th'immediate Power under God and Christ, is settled 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 truly; and the Penman hereof shall exhort all People with the words of Paul. 1 Tim. 2.1, 2. to make supplycations for Your Highness, etc. and all you shall prefer 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 intolerable and ahhominable thing than War; believes Yours, while GOD is with you, and you with him. Cap. Nathanael Burt. AN EPISTLE DEDICATORY, TO Mr. WILLIAM WHETSTONE, His hoped for Friend 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 clear it to you, or any else; for in the Mirror of Justices, pages. 156, 157, 158. Our Ancestors, if the party would not confess that had done any falsity to a man in deed or word, where there was no witness to testify the truth, they were suffered to enter Battle, if Equals, 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 lawful for me to prove the Action, either by Jury, or by my Body, or by the body of one Witness: Now that Battle is laid aside, yet by Jury and Witness a man may prove his Action, or Appeal; and I having spoken to you, and finding you so real and just, and honest, in your Discovery of the matter related in these following lines, and confession thereunto, and since this our Appeal to Equity and Law is a Combating, and that the Victory is holden for truth, and you a Witness therein, I have placed you upon the front of the Battle, and have dedicated it to you, that in this fraudulent matter, whereof doubtless you have been ignorant, as a faithful and Courageous Champion or Combitant, you may maintain the truth hereof to this evil lying World, and in your answer in Chancery, quit yourself like a Christian man, and thereby keep a good Conscience, void of Offence. Thomas Walton hath confessed the cancelling of the old Writings to our Father in his House, though not by his own hand, Aprill the Eleventh, 1655. But would not confess Francis Riche● Habitation. Sir, on Saturday, April the Seventh, toward Evening, I was with Mr. Thomas Ellis, to have delivered this Letter to my Brother John Burt, where he lodgeth in morefield's, and his Landlord told me and Mr. Ellis, that he and his Wife and Children were gone out of Town, and that he had no servant left there in being to answer for them, or belonging to them, so that not knowing when he may return, I having been at the pains of penning of it, and added since something of Court Abuses, and wishing his repentance, and amendmennt, and theirs also, that this iniquity be not his perpetual loss and undoing, but that he may be saved in the day of Christ's appearing; though thereby he hath sought my temporal ruin, and I not being certain of his return, that I might have seen how he would have received my Council, or rebuke herein, and answered thereunto next unto God's glory, and England's Laws, I claim satisfaction to, and any Damages or losses I have received by him and his Complices therein beside my trouble and grief thereby (and the expenses and loss which you have already seen and felt by him, and through him and his procurement) who as it is believed, never deserved or ought to have had any such usage from him; or any of his complices, abbetors or Confederates, and that now it is discovered, and come to my knowledge, so much as concerneth you, you are by Law answerable to me; who am the Eldest son of my Father, and sole Admininistrator by Law of my Father's Estate, and by the Seal of the Prerogative Court, unto whom John Burt became bound in a bond of 500 l. to fulfil certain Articles which were sealed between us twelve days after our Father's Funeral, and Sixteen days after his disease wherein he ties or binds me the eldest Son to sue Letters of Administration out of the Prerogative Court in 500 l. also, and himself with me to Discover to the utmost of our knowledge the said Estate, viz. All and singular the Goods, Chattels, Plate, ready Money, Leases, and all other things whatsoever, which any way did, or doth concern the Estate of the said disceased, which B●nd, Witnesses, and administration I have showed you, and he having had in his hand and Possession several Writings and Leases of your Fathers, which have continued with our Father ever since Anno 1639. and the use made by our Father, Recited in his Book of Accounts written with his own hand, until the Christmas before he died, which rests with me, and he died June the 12th, 1654. Now you being the Principal Witness herein, and next unto myself, the nearest concerned both in the abuse, Charge and loss past, and of suffering for future. I having used your Name in relating the matter of mine and your abuse, and since he is absent, that I cannot have his present Answer. I am constrained to publish it in Print, that my wrongs, losses and false judgement given against me, may appear to you, and through you to the World, you being the grand Witness, and others also, and that can here discover concerning the fraud and Concealment of the said Writings belonging to you and your Father disceased; and I hope by this to find much more of my Father's concealed Estate. And it being commanded, That the hand of the Witness be first upon him that is to suffer. Deut. 17.7. And that the Father and Mother of the Rebellious or stubborn Son, which would not hear the voice of his Father or Mother, should lay hands on him, and bring him before the Elders of the City, That he might suffer for that he would not hear and obey them, it being an evil Example in Israel, and not to be suffered; This Premised to you, with my Love and Well-wishing to you. April the 18. 1655. I rest yours for the truehs sake, NATHANAEL BURT. ADVICE, Sent in a LETTER From an Elder Brother, to a Younger. And Isaac trembled very exceedingly, and said, thy Brother came with subtlety, and hath taken away thy blessing, And Esau said, Is he not rightly named Jaacob, for he hath supplanted me these two times, he took away my birthright, Behold, now he hath taken away my blessing. JOHN BURT, I Am not ignorant, that Cain and Abel were natural Brethren, and that Isaac and Ishmael were natural brethren, or taken by Abraham so to be, who was their natural Father, as well as by others, though they were by two several Women, and Esau and Jaacob were so both by one Father and Mother, as Cain and Abel were by one man, and one Woman, which Scripture setteth forth; and though Cain the elder Brother, slew Abel the younger Brother, in those days, as Mr. Sparkes his younger son, in your memory, slew his Elder Brother, and suffered the Law for it; so you ungratiously and unnaturally left word at my House, September 8. 1654. with two several Persons in my absence, That my last glass was run, and bid them to tell me so from you. And when you had buried me alive, December, 1654. in Luds-gate, in your rage and Malice, to bring about your conspired ends, you having no just cause against me in Law to ground an action upon, or to file a Declaration against me, Wherefore you were fain the 2 Court Day after to withdraw your own Action of 500 l. though your Attorney Baines, against his Oath, Maliciously moved the Court against a Nonsuit therein, saying, he could not find the Bond, and he knew he had declared thereon in the Upper Bench, the Michaelmas Term was 12 Months before, yet in the mean time, with my ungracious Son in law Peter Tompson, you both of you offered to swear then in the Court of Probates, you had no Action then upon me, which was a Lie, as two witnesses can yet testify, viz. Thomas Ellis and John Brooke. And though you are my half Brother, and had buried me there alive, to bring about your malicious fraudulent ends, and thereby to procure to yourself of those unjust and unrighteous Judges, letters of Administration, against the Law of God, and of England, as though my glass of Life had been run indeed, and I departed, out of this life (for Imprisonment, let it be well observed) is but a Civil Death, the Law maketh it so. And sure you and your Complices looked on me so to be indeed, when illegally, unrighteously, and irregularly, they granted Letters of Administration to you, a second son, by a second ventor, which by Law is unanswerable, Thus hath your deal been like a treacherous, false, deceitful, unfaithful, unchristian, unholy, unnatural Brother, in which our Father's Name cannot but be dishonoured: I have read in Scripture also, That Abraham and Lot, though their Herdsmen strove together, yet Abraham said to Lot; Let there be no strife, I pray thee between me and thee; and between my Herdsmen and thy Herdsmen, for we are Brethren: Yet it is written, Abraham and Lot had two several men to be their natural Fathers, so that they were of one stock, proceeding from the same Ancectors, and were called Brethren, or Nephews, as Kinsmen are, and not by one Father, as Isaac and Ishmael was, and by natural generation of the same Parent; a true distinction of descent, apparent for that false and foolish Court of Probates instruction: yet behold faithful Abraham, Gen. 25. who had nine Children by Keturah another Wife, besides Ishmael whom Hagar the Egyptian, Sarahs' handmaid, bare unto Abraham; And to avoid strife, discord, contention and dissension, that might have come or risen amongst them as Brethren, because of the heritage; Abraham gave all that he had unto Isaac, But unto the other sons, Abraham gave Gifts, and sent them away from Isaac his son, while he yet lived; Ask Dr. Walker of (many words) if this be not Civil Law, and God said to Isaac, Gen. 26. That Abraham obeyed his voice, and kept his Charge, and his Commandments, his Statutes and his Laws, and when men degenerated from God, and did not walk as faishfull Abraham had done, Then God maketh a Law, That the Eldest son, or the firstborn son, by the first Wife shall be by the father acknowledged for his firstborn, by the Father's giving him a double Portion, of all that he hath, for that he is the beginning of his strength, the right of the first born-ship is his, Deutr. 21.15, 16, 17. This is God's law, Maugre corrupt long breathed Lawyers, or pretended Regulators of the Abuses of Practisers in the Law, or any silly Villains, or Civilians belonging to Doctor's Commons, either Dyers, Fishers, or Liars of any Court whatsoever, or of that Arbitrary, and irregular Court of Probates, who act and practise under the title of Wise men or Fools, and who act against the Truth, and leave the Law of God, and right of English Law practised in other Courts, purposely to destroy, by combination, or corrupt will, the right of a firstborn son, and a legal sole Administrator lawfully admitted, sworn and made; such must either have no knowledge, and then uncapable of being either Judges, Officers, or Practisers therein, or Dissemblers therein; And Solomon saith, He that dissembleth hatred with lying lips, and he that inventeth slander, is a fool, Pr. 10.18. And it will, I doubt, not but be agreed on, that he was wiser than ever (Dr. Wiseman) And such wicked Liars, Lawyers, Fishers, Wisemen and Dyers, in any Court whatsoever; who slander men by misinformations in Court, as you know sensibly by your means and contrivance was foolishly and maliciously, by you and your Complices used for above two years, before you brought about your combinated ends and Purposes against me, which you may all be ashamed of, or whosoever hath done unrighteously in judgement, and judgeth not what is right, as well as in passing the Seal, as Serle Zanchy, or Cottle, to do any wrong, such aught by Law to make satisfaction to the Party that is dammaged, as I shall prove yet in this Epistle, which act as the Lawyers and Scribes and Pharisees of old, which Christ rebuked, it will reach also the base practice of Lawyers in our times, either Chancery men or Common Lawyers, as well as Civil Lawyers, whether they be ecclesiastics or Laymen, and did any ecclesiastics fit there more than Mr. Hugh Peter in the Court of Probates, it would reach them also; I dare say, he will not deny it if he were asked, they doing as the Lawyers, and Scribes and Pharisees did, if you compare, Matt. 23.2 3, 4. with Luke 11.39.42, 43, 44, 45, 46. if they Act and do like them, hypocrittically and unrighteously; for I hope he will not deny the Scripture, which saith thus, They did lad men, or People's shoulders; and it is understood, their Estates also, with burdens grievous to be borne: they being as rotten graves, that appear not, into which men sink, and are caught of them, before they are ware of them, they being full of ravenning and wickedness, and will not touch the burdens with one of their fingers, they laid then upon the People's shoulders; And I finding it thus recorded, Matt. 23.1. That Christ spoke it, unto the multitude of People, as well as to his Disciples, when he was upon the Earth with a multitude of woes, which he pronounced against them for their Hypocrisy rottenness, oppressions, extortions and injustice, as well as dissimulation, and fair speakings and promises to the People, which they never intended (which is the ground of Hypocrisy) In the Bibles of the English and Roman letter, Printed 1609. and 1610. by the King's Printer Robert Barker, as you may read, Psal. 10.10. The Prophet in his days complaining of the fraud, rapine, tyranny, and all kind of wrong which worldly men then used, or wicked men, or Hypocrites, amongst the rest of their pretended Virtues, saith the Scripture; He croucheth, and boweth: therefore heaps of the poor do fall by his might; and in the Margin it is thus Printed, By the Hypocrisy of those that have Authority, the Poor are devoured. And Christ warned the People, as well as his own Deciples, that they should not do after their works, but whatsoever they did bid him observe, all those things they were to observe, and do; sure then they were exact teachers, though bad performers, or doers; But Christ said, All their Works they do for to be seen of men, Matt. 23.1, 2, 3, 4, 5, 6, 7. They loved the chief seat in the Synagogues, and the uppermost place at Feasts, and to be called, by Titles of Dignity, and to be saluted, honoured, or greeted, in public places, as if they were somewhat more than other men, as many do now in our days, but for loving of these things, and passing over judgement, and the Love of God, Christ pronounceth woe against them, Luke 11.42, 43, 44. Mark 12.36. (which Luke said or spoke by the Holy Ghost,) and without doubt these Hypocrites carried themselves, as close, and covertly, and seeming courteous, with as fair and plausible Pretences as any do now, and as now, so than they would compass both Sea and Land for their own ends, to make a Prosilite, and to bring him to believe with them, and to be of their Synagogue, though thereby, when he was brought to their belief, he was made twofold more the child of Hell; by being made one of the Synagogue of Satan; this Christ spoke, Matt. 23.15. Who was greater than Solomon, Luke 11.31. And as he left it both to Rebuke, and instruct that generation, I desire this pretended wise generation, would take notice thereof in this day that belongs to our Peace, and not to delight to burden their brethren's shoulders, and to betray their fellow brethren, and their Estates; for as Paul whom Christ counted Faithful, became injurious not more, and persecuted none of his Brethren, after he had obtained mercy himself. 1 Tim. 12, 13. and was called, and made to believe, he averreth Rom. 15.2, 3, 4. that every man should please his Neighbour to edification; as it is written, The rebuke of them that rebuke thee fell on me; for saith Paul, by the Holy Ghost, Whatever things are written afore time, are written for our learning, that we through patience, and comfort of the Scriptures might have hope; And saith Paul, They are written for our admonition, upon whom the ends of the Wo●ld are come, 1. Cor. 10.11. Yet he adviseth, to rebuke them that sin before all, that others also may fear; if it can be proved by two or three Witnesses; yea, though he were in place, partiality should not be used. 1 Tim. 5.19, 20, 21. And Paul shunned not to declare all the Council of God, and he thereby stood pure from the blood of all men. Acts 20.26, 27. Now this being an Epidemical disease in England, and particularly rooted in you (John Burt) as by Witnesses will be proved; so that it is in you gangrened I fear, or settled; you having been the chief plotter, and Actor and Contriver all along against me; and Concealer & Decliner, and Instigator, and Importunator of all Persons, of all sorts, and in all Places; so that it is feared, you being m●st concerned therein, may be said, To have spoken Lies in hypocrisy; and have your Conscience seared with a hot-iron; as the Holy Spirit spoke by Paul expressly; In the latter times some should departed from the Faith, and should do. 1 Tim. 4.1, 2. Therefore this Epistle is sent to rebuke you, that you may not be destroyed; and that I may be pure from your blood, and from the blood of all men; and any that are concerned with you herein; Wherefore I instruct you with meekness, and entreat you to examine yourself; and to judge your own self, for these enormities by you acted & committed; that you no longer harden your heart and braze your forehead, and continue in your sins against the Light of truth and Conscience, or light of Nature, though you served much time of an Aprentiship to a Scrievener; but as the Apostle S. Peter, by the Holy Spirit adviseth. 1 Pet. 2.1, 2. Laying aside all malice, and all guile, and Hypocrisies, and envyings, and evil speakings; As newborn Babes desire the sincere milk of the Word, that you may grow thereby; for holy David through his temptations and experience, could tell you, Psal. 119.9. Wherewithal shall a young man cleanse his way? by taking heed thereto, according to thy Word; for the Prophecy came not in old time by the will of man: But holy men of God spoke, as they were moved by the holy Ghost, 2 Peter. 1.21. Wherefore John Burt be instructed thereby, that you may be recovered out of the snare of the Devil, who are taken Captive by him at his will, if God peradventure will give you repentance to the acknowledging of the truth, as it is written, 2 Tim. 2.25, 26. Therefore in all meekness I again advise you to repent, of your many and particular unfaithfulnesses, malitiousnesses, envyings, lyings, unnatural combinations, concealments, threaten, imprisonings by yourself and other your Complices, and false reports to stop and detain my moneys, due to me, not only 66. l. 13. s. 4 d. in your own hand, besides the use, which is of ●he Mmrgage of the Red Lion Inn at St. edmond's Bury, but in other men's also, to put me to charges in Lawsuits; viz. In Henry Woods hand, my Tenant, which this is the third time, and in John west's hand 60. l. which had been paid me but for you and your Complices, Jan 23 1654. besides my many losses other ways, well known to yourself, as also your contrived Demurrings in Chancery, and half perjuries, And your cancelling, like a Scrievener with one ear, and detaining several Writings, as well as much moneys, which belong to me, as the Image and representor of our Father's Person, and your many Provocations, and incitements, as well as enticements of others, to lie and swear falsely against me, and to sue me in several Courts, or to withstand my right, to cause me to sue for it, to which I was not only bound in 500 l. to you, with Articles to discover our Father's Estate, before letters of Administration were delivered me in Sir Nathanaeel brent's time, but also bound to the Prerogative Court with security in a far greater sum, and sworn therein also to be a faithful Administrator to our deceased Father's Estate, you having ever since vexed both myself and others, and then, and still threatening them if they Pay me; and such whom you have, and still do procure with you so to do; also your home-swearing Personally in two Courts. Viz. the one of Chancery, which I hope in time will be made to submit to the fo●me and Power of that Ordinance, which was Ordered by His Highness the Lord Protector, and his Council to be Printed and published, August 22, ●654. both for their limitation and regulation, it seeming to be the distribution of his own Conscience therein, and a great step to reform abuses, though by those sons of Zerviah, which sure are but as a spot in a Pavement, in respect of the whole Nation, it was never yet obeyed, and submitted unto, and all other Ordinances that have been made besides, are established and compelled to be obeyed by all People under the Power; And also your home swearing in that Arbitrary, Irregulated, unlimmited, and unparralelled Court of Probates, the very Pest, and Plague, as it is, and hath been lately used to this English Nation; which I hope the present Power will curb, and bring into Order also in due time, and settle them by Orders, as the other Courts are settled by the Judges of the Land, viz. the Common Pleas and the Upper Bench, which shall be by them published in Print, as the Ordinance for Chancery, for the People's instructions and relief, and also Order their unlimmitted and excessive Fees therein taken, as it formerly was by Statute Law, and give them Rules also to proceed therein, that for future, as saith the Chancery Ordinance, that there be no more just complaints from the People, so that they have declared both the Proceeding and Fees of the Chancery to be unconscionable, I appeal to all that have had to do therein, if they have not found it so, without they have been in special favour in that Court, and then by consent much may be done; My Appeal formerly against it, hath set forth the iniquity thereof sufficiently, printed 1653. a Month after the Parliament was dissolved; I read in a Book called, The Mirror of Justices, made by Henry Horn. pag. 293. That the Common people called the Chancery, than a Court of Conscience, and the Author saith, it is to be noted in respect of other Courts, the Court of Chancery is a Court of a high nature; And the Ordinance made by His Highness, etc. 1654., calls it The High Court of Chancery, which Octob. 22. 1654. should have taken place for the regulating and limmiting their excessive Fees, and exorbitant practices; to the end all Proceed touching relief in Equity to be given to that Court, may be with less trouble, expense and delay then heretofore; thus the Ordinance declareth, f●lio 495 523 unto which all honest Englishmen should gladly shout, Amen, Amen, Amen, and which the penman hereof hopes to see put in execution by His Highness' comm●nd, etc. as sure, as 44 ●ustices, who were hanged in one year, for oppressing the People by false Judgement, Mirror of Justices, pag. 239. that famous law-Book saith, It is an abuse of the Common-Law, that Justices and their Officers, who kill People by false Judgement he not destroyed as other murderers, which King Alfred caused to be done; who caused 44. Justices in one year to be hanged, as murderers for their false Judgements, which Judges are in the following Pages, particularly named, and their false and Arbitrary Judgements, for which they suffered, death or imprisonment, or wounding, or loss of limb or member; And accordingly, he caused mortal rewards to criminal Judges, for wrongful mortal Judgements, and so he did for wrongful Judgemenss venials, Imprisonments, for wrongful imprisonments, and like for like, with the other punishments, pag. 244. It is an abuse of the Common Law, to obey the Judge who is appealed of doing wrong, pages 158. 230. And the Penman hereof Appealeth from the false and wrongful Judgement of Thomas Manby, George C●ck, Anthony Kous, John Hild●sly, Joachim Mathewes, or all, or any other Judges of the Court of Probates, and granting Administrations unto the Common Law of the Land, for relief herein, having by Letters forewarned them several times, that they could not do it without my consent, being personally present and it is verily believed, some of these Judges, would think it judgement contrary to Law, and so wrongful and false Judgement, if they should have stood in my place, and others should have sitten in their places, and should have so done by them, and judged contrary to God's Law, and England's Law, as they have done by me, who have given yond John Burt my younger B●other by the second ventor, Letters of Administration, two years after the law had possessed me thereof, lawfully, and that I had paid, in portions, & taken receipts from yourself, and you had denied it in Court, had not our sister personally testified the same against you, she seeing you receive a part thereof, and herself about that time which was about 18 Months since, given me a release on her part, which being produced in Court, you having seduced her, and by that means defrauded both of us as yet of our parts of 200. l. in your hand, and you villainously would have had her to have denied it as her Act and Deed, and the Judges of Probates, etc. would have persuaded me to have relinquished it, I am sure you● Dr. Wiseman can remember this, who misinformed the Judges for you about it several times, and sputtered hard therein against me then personally relating the truth unto the Judges against both his and your lies, and your Proctors also Fisher my Proctor, either being by you, or some of you so corrupted, or by others conjured to be dumb in my case, that in my absence you and you● Complices might attain your intended ends, to null the Administration of the Son and Heir, as the several Orders in Court will yet testify, which were commonly drawn by Dyer your Proctor to speak as that Viper would have them, who made the Register enter, or sign what he pleased; thus would you and your Complices have cast out the son long since, to have shared the inheritance, and yet he had the Power legally, and was m●de sole Administrator of all that was his Father's Deceased, and had long before brought in a true and perfect Inventory, and an Account & aditional, which the Order of the Court saith, the Judges allowed of June 6. 1653. for a true and perfect account, as is therein declared, and your Oath also then taken, which you may be hearty ttoubled for; and had you one dram of grace, you would, but at last you procured an unjust Order and upon that, a false and wrongful Judgement against me, viz. That my Letters of Administration should be null, and that John Burt should have Letters of Administration, and it was given you, of which wrongful Proceed of the Judges of Probates, I have heard Learned men, and Ancient Practisers both of Common and Civil Laws, say that it was irregularly and illegally done against both the Civil and the Common Law, And that if such Arbitrary Judgements, or Sentences be suffered to be Decreed, what English man can say he hath any thing his own, or any inheritance, by Enlish Law, when Judges without the People's or Parties consent, shall g ve the title, right, interest, dignity or Estate or Inherritance of the People or any particular Person, or propriety thereunto, away from him or them wilfully against Law, and contrary to Law; And when Judges do pass their jurisdiction, or the bounds of their Delegacies, or of their Commissions, and I dare jeopard my life to prove Mr. Manby and the rest of the Judges, who gave you Letters of Administration, have passed their jurisdiction and Delegation, and Commission; And for such offences, King Alfred did not meddle with the judgements; In l●sser Off nces he did not meddle with judgements, but disinherrited the Justices, and removed them according to the points of those Statutes in all points, where he could understand that they had passed their jurisdiction, or the bounds of their Delegacy, or of their Commissions; or had released or increased any punishment contrary to Law, or done any other wrong, in dissalowance of a reasonable Exception of the Parties, or to the judgement, Mirror of Justices, pag. 245. It is worth the observing, and declaring also, that the Judges of Probates, etc. could not be ignorant of my Case, and rightful Cause, it having been depending (though to my grief and loss) as long as Mr. Manby or Mr. Cock had been in and out of Commission, by Act of Parliament, or Ordinance since, although I had believed that I had ended Septmeber the 28. before the Acted grew vacatt or null, October the first, 1653. and by the Order of the Court I had charges given me, though since, by some Officers, and my own Proctor, I have been very much abused, until he dissented, and denied to own my business any longer for that in op●n Court I had demanded judgement against him for consenting against me, and abusing me, and labouring to destroy me; so that so much as the Judges hath heard, not only from myself in Court pleaded in Faylor of my Proctor, but also by that judicious Advocate, and Ancient Practiser, Honored Dr. Swett, and several Letters and Petitions to enable th●ir memories, and several exceptions in writing delivered them, to keep off false and wrongful judgement; for in the Mirror of Justices, pag. 198. It is said, The Judge doth not offend so much, that he doth not make the Law, but he offendeth in foolish undertaking upon him to judge foolishly, or falsely; And when you had buried me in Ludgate, in the height of your Malice and Rage, as one d●ad, or not in being to appear in my own right, and my Proctor desented, and the Judges denying me any Proctor in Court to ●ssist me, or appear for me, or to answer for me in my absense, I sent my Letter from Ludgate, December the 8. 1654., Which Mr. Th●mas Ellis brought them, which was read in Court, and the par●ie examined by the then Judges, if it were mine, written by me or no; And I sent it as a Messenger, who came to them from the dead in Prison, to warn and Protest against them, as often I had done before, that they should not dare to do unrighteously in judgement, who seemed then to be much minded to give you Letters of Administration, which Original Letter, of which that was a Copy, is still to be seen, and as Cain churlishly denied the Lord, who inquired for Abel whom he had slain, so I, though shut up by you, cried by my Letter to the Judges of Probates, that as I was the Eldest son of our Father Deceased, and sole administrator and representor of his Person, that they would do no wrongful judgement then unto me, though I, was enclosed and shut up as a dead man, and in that Letter, I did aver, as I had done before in Court in March, 1654. when I put in my Exceptions to the Proctors Abbortive and misconceived report which was underwritten thus; Mr. Manby, I do aver that my life, Liberty or Estate cannot be taken away, but where the Law doth it, and it was but the other day, the Lord Protector took an Oath, That he would Govern according to the Laws, Statutes and Customs of this Nation (and the discretion of a Court ought not to be contrary to Law and Reason.) thus testifies Nathanael Burt, and this was added to my Letter also from Ludgate to testify they were the lines of a living man, though the Judges, with you and your Compli●cs looked upon me as dead, in your judgements, and practices, and this Letter also is preserved to be given in testimony against their unrighteousness and false wrongful judgement, and your fraud and maliciousness; John Burt herein may be read, you have put me to no small trouble, losses and attendances, and charges in several Courts, besides Imprisonments also by you and your Complices combination, to destroy me in my Name, Liberty, Estate, dependency of Trade, to gain bread the staff of life in this Orb, to make me fall under you, who am the Survior of our deceased Father's Person in Law, and lively represent or thereof, and thus you and your Complices have Acted to keep me from an Account of the Estate of my deceased Father, who am in Law the sole Administrator to his Estate, and all parts and particulars thereof, and to detain and conceal from me, and to turn it to your own use, profit and Benefit; Witness that concealing of one Hundred Pounds of money, our Father sent to one William Whe●stone of St. Giles Holburn, about the year 1638, or 1639. of which, the use was honestly paid unto our Father, until the Christmas before he died, as by his Book under his own hand will appear, and by witness also, four Pounds half yearly, which was secured to him, his Executors, Administrators and Assigns by a Mortgage of two several Houses in Holborn, held by Lease from one William Wooley Esq of Lincolnshire, which writings of Conveyance, & security, you possessed yourself of secretly & fraudulently, as you did of our Father's Keys out of his pocket in his life-time, to his great grief, and vexation, he wanting much of his tongues benefit to express, but not then quite dumb, which you took advantage of, and by this means possessed yourself of several Moneys and other writings of Bonds and Mortgages, which you kept concealed, and some since Canceled, and others you received the use and profits thereof yourself, sometime uncancelled, and you knowing my Administration was in Power and in full force, which will be made to appear; And at the same time in the Chancery, to my first Bill, you and your Complices generally demur and deny, and not long after to my second Bill for discovery only against yourself, you swear positively an untruth to the major part of our Father's Estate, concealed by you; and also of the Mortgage of 200. l. of St. edmond's Bury; somewhat therein you confess, upon which confession, it was Ordered to be divided as 200. l. of clear Estate, of which you know the moiety or Third part belongeth to me, and as much unto our sister's Children, she being deceased since, and you having paid neither of us, and though it was put in my Inventory, yet you know it never came out of your hands, though it came to my knowledge, and I had been forsworn, and had forfeited a Bond of 500 l. to you, had I not discovered it as part of our Father's Estate, he having entered it into his Book with his own hand writing, which you and others have seen, and you yourself cannot deny, which in the Court of Probates, etc. before the Judges, you confessed in my presence, you canceled; saying Samuel Thomlins (once your fervant) could testify it was given you; which you know, you then, and in your Answer lied in, for he hath denied it unto your face, as also in his Answer in Chancery; But this Mortgage of Mr. Whetstone's, which you knew of many years belore, of 100 l. paying 8. l a year, this is so swallowed, and Concealed and Forsworn the knowledge of by You in both Courts of Chancery & Probates, yet you know you received of Mr. William Whetstone the son of William Whetstone deceased, who was bound with his Father upon the old Mortgage to perform Covenants, after the rate of 8 per Cent. after our Father's decease, I having Letters of Administration, and that you had bound yourself to me in 500 l. Bond, with Articles, to discover our deceased Father's Estate, which Bond you know (if this be proved) is forfeited by you: And thus you concealed the same as all the rest, And it is believed, you have concealed a Bond of a 100 l. for the payment of 50. l. wherein Jeames Ryton, and one Tobias Markeham & old Mrs. Ryton were Bound to our Father, and it is entered into his Book, the use received by him about Christmas before he deceased, with his own hand, as Mr. Whetstone's is, and demanding of Mrs. Ryton to be satisfied therein, the same day Mr. Whetstone had satisfied me the truth of his; she sordidly denied ever that she knew of any Bond given our Father, or any money had of him, as though you had been in her belly to prompt her to lie in her Answer; and so soon as she had done speaking, James Ryton appeared, and he being demanded concerning 50. l. he should be bound for with one Markham and his Mother, he before her face confessed it, and hath not yet given me full satisfaction of payment thereof, and to whom; Now since you swore so desperately, and Whetstone's concealment having lain so snugg, I see that neither Lies nor Oaths will choke you, for it will be proved, that you have received the use to yourself, upon the old Mortgage for time also after our father deceased; and afterwards in Mr. Waltons' house, the Scrievener or shop you then sealed new Writings in your own Name, with Mr. Whetstone, the survivor of his deceased Father, & then you also with him, and in his Presence altered the old property thereof into your own Name, and then canceled the Old Writings, and Bonds made between both our Fathers deceased as before related, which were at 8. l. per Cent. and yet you like a well-tutered Scrieveners' brat, in all this you well knew you had acted, and done, swore you knew nothing of this belonging to your Father's Estate; And after you had canceled these old Writings and the Bond thereto belonging; as is before mentioned, and will be proved to be true to your face, and to your shame, which by the old men deceased, had been made and sealed, and again renewed them in your own Name, with his son William Whetstone, you could not rest content therewith, and satisfied; But you must have them altered again by Mr. Walton, And then you do entitle and interest one Francis Rich in the said renewed Mortgage, pretending to Mr. Whetstone you had received of Francis Richardo, for the said Mortgage of his not long before you had renewed in your own Name, though fraudulently, as he now believeth, 100 l in money, for which cause say you, and Walt n the Scrievener, Whetstone must now assign to Francis Rich, and become bound to pay the Use to him, as they had done to our Father for 14. years before, and to you for some time; Then after sealing, to R●ch by Whetstone, there is a suit commenced, or brought in the Exchequer of Pleas against William Whetstone, in the Name of Francis Rich; and in Michaelmas Term, 1654. recovery is made against Whetstone in the said suit, and Whetstone is thereby forced to compond the same, and pay charges in Francis Rich his Name, who is now of opinion neither John Burt, or Francis Rich had or hath any right or interest therein, and also William Whetstone at that time Judgement being in the Name of Francis Rich obtained against him, or to be, was forced to promise payment thereof to Francis Rich, and for his use, as than he could agree to stop Execution, and accordingly he paid 25. l. of the said 100 l. January 4. 1654. and all Interest unto that present day, besides charges of suit therein, and likewise to promise, Twenty Five Pounds from thence quarterly, until he had paid in Francis Rich his Name, and for his use, the full sum of one Hundred Pounds, and Mr. Whetstone saith, In all his life as yet, he never did see or know the said Francis Rich, and this he spoke Thursday the 29th of March, 1656. but said, Thomas Walton the Scrievener had been there to see if 25.l. in money were ready to be paid in his Name, and for his use; and William Whetstone saith, He paid the 25.l. above meneioned unto John Burt, and the Interest, in the Presence of Thomas Walton, and took his Receipt for Francis Rich his use, and that he had not so much as ever known Nathanael Burt the elder Brother of John Burt, and sole Administrator of Nathanael Burt their Father deceased, until March following after, and believeth, if he had known the Administrator, He should not have paid John Burt any money, or suffered the Old Writings to have been altered in his Name, and afterwards into Riches name, or agreed to the cancelling the old Writings. Oh John Burt, hear Paul's advice, which was inspired by God, if you will not hear me, who saith, Ephe. 5.25. Wherefore, cast off lying, or putting away lying, and speak every man truth unto his Neighbour; See Esay. 30.1.8.12.15 For we are members one of another; and the Lord, the Holy One of Israel hath caused it to be noted in a Book, that it may be for the time to come for ever and ever: which you may read Prov. 12 19.22. & 15.27, 28, 29, 20.21.21.6.28.24, Lying lips are an abomination to the Lord, But they that deal truly are his delight, But a lying tongue is but for a moment; He that is greedy of gain, troubleth his own House: and he that maketh haste to be rich, shall not be innocent; An Inherritance may begotten hastily at the beginning: but the end thereof shall not be blessed; And I believe, in time, if you receive not this instruction, many more of your Concealments and frauds, you have so lustily covered with Lying; and so falsely sworn against, of which you see this apparently is one, for a righteous man hateth Lying, but a wicked man is loathsome, and cometh to shame. Prov. 13.5. and whoso robbeth his Father, or his Mother, and saith it is no transgression, the same is the Companion of a destroyer. And you rob our Father of his Keys in his life time, which you know too well, which the City Cryer cried before your door about seven Weeks before he died, though you never delivered them no more than the Lease of the Crown you possessed, and the Fine thereto belonging, and much moneys & other Bonds & Mortgages, and money belonging then to him, and since to his Estate; All which hath been denied by you in Chancery, by your delaying, hum— haw demurrer, and in your Answer also. Yet John, you may very well remember, you once had me to one Mr. Oglethorps' in Alderman-Bury; I could name you the day also, for I entered it for Memory, who is Attorney of the Upper Bench, and then said, you would deny your Demurrer, and give an Answer to my first Bill in Chancery; if I would accept thereof, which it seemeth he then hindered you in, or of, like a kindle-coal, and sour of discord, for this was within Seven Months after our Father deceased; which had you Answered then, you might have saved many suits in 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, lest that you should make yourself guilty of Felony thereby, the Keys of our Father having been Cried, and they and other things of our Fathers by you denied, and the God of truth knoweth this is truth, for I believe 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 Witness that speaketh Lies, and him that soweth Discord among Brethren, are four 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 sworn by you in the Court of Probates, etc. 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. Whilst it remained, was it not thy own? and this was by the Apostle called deceit, as well as Hypocrisy, dissembling and lying; yet you do not only keep back much of our Father's Estate and conceal it, and deny it, but you swear thereunto, and lie 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 sins, a Land is brought to mourn, and all therein to languish, for abusing of the God of truth; and such wicked speakings, and swear, in Scripture are called as well Curse as Lying, and Perjury, if you read the Bible with Annotations, it is said Perjury, 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 malicious 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 speak, for the sin of their mouth, and the words of their lips; And we see the Pillory catch them sometimes by the Law of England, for their false swear, the sin of their mouth, though in the Chancery lying lips is cherrished, to beget Delays, and Demurs, and to procure Motion, upon Motion, and Order upon Order, as thousands by woeful Experience have found, to their great loss, and detriment, yea to their undoing and impoverishing and ruin; 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 Lawsuits to defend my right by Law, even my birthright, which by Law was given me, to be sole Administrator of my deceased Father s Estate, and of all and singular the Goods, Chattels 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 legal 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 legal 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 swear the contrary before their faces in Court, as you have done (John Burt) and if I or another man, by virtue of Letters of Administration, can either demand, Leavy, and in a legal manner require, any debt or Debts, or Collect, any such due or owing, he wanting Witness thereunto, so long as they continue concealed, buried, and detained, by the Policy, deceit, fraud, and evil Conscience or contrivance of the Concealer, who maliciously sweareth & falsely, he knoweth not thereof, or of any part of the deceaseds Estate, or parcel thereof, that any hath come to his hand● or Possession since the decease of the intestate, or doth r●main in his Custody, at his present swearing, neither doth he know of any of the Dece●seds Estate, remaining in the hands or Possession of a●y other P●rson; but only 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 Levy in a legal manner, by any Power of his Administration, any Debt o● Debts oweing and due to the said Estate, when men will so perniciously conceal and combine together to defraud the Administrator, and so cursedly lie, and swear therein, until time discover the truth thereof, and that by witness to testify the same that so the obstinate concealer of the intestates Estate, which denyeth it by Oaths, and maketh his neck as an Iron sinew, and his brow Brass, to lie, and swear untruths, which it is believed 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 swore falsely, and dishonour the Almighty, by taking his Name in vain; I testify therefore unto you John Burt, that by the Law of God, and man, you have no part of our Father's 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 God's 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 son of Nathanael Burt deceased, Citizen and Saddler of London, should sue forth of the Prerogative Court, under the seal 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 clear 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 conceal the Estate from time to time, which if you submit not yourself for the breach thereof, time may compel you thereunto, or discover it to England's Law, which may compel you to perform or suffer accordingly; and reward you for breach of your Articles and Covenants, and Bond, and faith, as a younger son, or younger Brother, and then truth will discover it to time, and time than will not conceal it from the knowledge of men, when that shall come to pass: 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 myself to be the next of kin, and the next most lawful Friend of our Father, who died intestate, and none being in equality 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 assuaged and your Devices for that time confounded, and by Letters of Administration I was legally confirmed sole Administrator, etc. 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 glass had been run, as in September last 1644. you threatened me; so indeed if you had not suffered by law, you might have come to have been Administrator to our Father's Estate deceased; But while I live, you cannot be by God's Law or England's Law, or Custom, 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 Suits, as also great Expenses in prosecuting of Civil Causes, by reason of divers Appeals permitted to be made by Order of the Laws Civil in such cases, etc. Be it enacted, etc. all and every such Judgement or Sentence definitive, given or pronounced in any Civil and Marine Cause, upon Appeal lawfully to be made therein to the Queen's Majesty in Her Highness' Court of Chancery, by such Commissioners, etc. as it hath been used in such Cases shall be final, 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 Equity therein, or relief thereby, since they will not obey and fulfil that Equitable and laudable Ordinance, Ordained by His Highness 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, Laws, 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 encouraged to appeal to His Highness' Court of Chaucery, while the Practisers therein delay the People, and put them to such trouble and Expense, that it is scarce one of a thousand, but may feelingly & experimentally say; that when they are complaining therein, and waiting for Equity, the Remedy there is as bad, if not worse than the Disease; being thus feelingly sensible of the iniquity 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 faithful English men hearty desire the regulation, yea rather the Reformation thereof, in Conscience, in honesty and truth and of all Courts of Judicature, according to God's Word, and Law and not that they should imagine and practise mischief in the Law; I conclude against the iniquity, Falsehood, 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 Highness' Protection, when they obey his Ordinances, which are for God's glory and the People's good, as this Ordinance it is hoped, cannot but be, and also that thing so irregular, and unlimmittd, at Doctor's Commons, which calls itself, with all that rabble Rout belongs thereunto, a Court of Probates, etc. when sitting, which formerly sat in the Star Chamber place at Westminster, where when there were Bishops and a King, or a King and Council and Bishops, held a Court there, called the Star-chamber from the place; and it is believed by judicious men, though they were cried but against for Injustice, Extortion and Oppressing 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 than they, only these have some colourableness for their exacting of Fees by the Act of Parliament made April. 1653. to continue in force until the first of Octoher, 1653. and no longer, the remainder of the Fees taken by the Registers, their salaries, 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 curb their Exactions and Oppressions thereof, which was thus; A Minister of the Court of Probates agreed with the Widow, 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 Widow 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 unlawful 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 Council, since Parliaments have neglected it, Power to ease the People in such unlawful Exactions of Fees as the Chancery, and the Court of Probates by their Ministers exacted, Extorted & taken to the great oppression & impoverishing of the People; witness this distressed Widows Case with five Children, who hath never been able ever since to pay that money, where she was feign to borrow it to stop this Extorting Ministers appetite of money, or scarcely to put on her Children for shift convenient: And Exaction, Extortion and Oppression are forbidden by God's Law and Word, which People, Officers, Judges and Ministers of Courts, who forsake God's Law, and Word, Psal. 119.158. I beheld the Transgressor's, saith David, and was grieved, because they kept not thy Word, Rivers of Waters run down mine eyes, because they keep not thy Law. O that our Governors and People would do the like: Wherefore hear your Elder Brothers' Exhortation John Burt, and suffer this my rebuke, for your sin against God, our deceased Father, whom you have much abused, and belied, and myself the Penman hereof, and also your own self, and your malicious sinning hath now found you out, and in our Father's life time also caused him, when you brought your Children, and set them up upon his bedside, which sure was well done of you, that he might bless them before he departed this life, and yourself also, but he remembering how extremely you had abused him, by possessing yourself of his Keys, out of his Pocket, which he had pursued you to your own house for, though he were not so capable to express by words, to you, as to reprove some, that others as well as yourself, might hear him declare himself demonstratively; yet you know he remembered your ungodly abusing of him, and therefore would not acknowledge you, or your Children, but did bid you and them be gone, be gone, take them away, take them away, as though the sight of you and your Children, were both of you a grievous vexation to him, he then extremely wring his hands, and lifting them up so, and then spreading them, doubling his dislike, saying, Be gone, be gone, away, away, to you and your Children, and would not be quiet, whilst you and your Children were in his presence; and though you made it your advantage in his Infirmity to Possess what you could of his by your overreaching, and fraudulent and unlawful dealing, or deceiving Policy; pray that it may not be your Curse in which you think to have blessed yourself; see Jaacobs' filialness, He durst not offend or abuse his Father when he was blind, though his Mother bid him obey her voice therein. Gen. 27.8.12. My Father peradventure will feel me, and I shall seem to him, as a Deceiver, and I shall bring a Curse upon me, and not a Blessing; And by these your trespasses against our Father, and myself, you have even almost destroyed me, your Elder Brother, in my outward or Temporal Estate, God knoweth, by multitudes of Troubles and Losses, and Law Suits, and Lawyers Answering, with the Money belonging thereto drawn out and expended, the better to colour your guiltiness, And I should make myself guilty of all these your sins, and Trespasses, If I should not rebuke you; I must therefore rebuke you, and that openly, if I will observe God's Commands, and Scripture Rules, For it is written, Levit. 19.17. Thou shalt not hate thy Brother in thine heart, but thou shalt plainly rebuke him, and not suffer sin upon him, saith the Margin, or that thou bear not sin for him, thou shalt in any wise rebuke him; Wherefore, that you may not bless yourself in your evil Ways, saying, You have not sinned in all that you have done to our deceased Father, and to myself, and to the Estate, as is herein related, and charged by me, which you know is truth; See and read what the Lord commanded Moses, to teach the People; which I told you before, are written in a Book for our learning, for the time to come for ever and ever. Ye shall not steal, neither deal falsely, neither Lie one to another, And ye shall not swear by my Name falsely, Thou shalt not defraud thy Neighbour, neither rob him, and read Levit. 6.1, 2, 3, 4, 5. compared with Numb. 5.6, 7, 8. It is written, If a soul sin, and commit a Trespass against the Lord, and lie unto his Neighbour in that which was delivered him to keep, or in fellowship, or dealing, saith the Margin, or that which was put to him of trust, in a thing taken away by violence, hath deceived his Neighbour, or doth by Robbery or violence oppress his Neighbour, or hath found that which was lost, and lieth concerning it, & sweareth falsely; Or hath found that which was lost, and denyeth it, and forsweareth it, and sweareth falsely, in any of all these that a man doth, sinning therein, or for any of these things that a man doth, wherein he sinneth, Than it shall be, because he hath sinned, and is guilty, or when I say, he thus sinneth, and trespasseth, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or he shall then restore the Robbery that he hath rob, or the thing by violence which he took by force, or the thing which was delivered him to keep, or the lost thing which he found; Or all that, about which he hath sworn falsely, Or for whatsoever he hath sworn falsely, he shall even restore it in the principal, and shall add the fift part more thereto, and give it unto him to whom it appartaineth, or he shall both restore it in the whole Sum, and give it unto him to whom it pertaineth in the day of his Trespass-Offering, saith the Margin, or in the day of his being found guilty, or the same day he offereth for his Trespass, or give it unto him against whom he hath trespassed; But if the man have no Kinsman to whom he should restore the Damage, or to be recompensed for the Trespass, of Lying, and Detaining, and Concealing, as before related; Herein is used two several Translations, for the plainer expressing of Trespasses. Therefore John Burt, now that it will be proved against you, that you are guilty of concealing Mr. Whetstone's Mortgage, and denying of it by Oath, and cancelling it, and altering it, as before related, you ought both to make Restitution to me, and to humble yourself also, which you will find Christ taught to men when he was upon Earth, which strengtheneth this Scripture, and maketh a threefold Testimony against you, or any obstinate Liar or Concealer, or false Swearer, and sure you ought to observe it, and to conform thereunto, Matt. 5.24, 25. Therefore if thou bring thy Gift before the Aaltar, and there remember'st that thy Brother hath aught against thee, leave there thy Gift before the Aaltar, And go thy way, first be reconciled to thy Brother, and then come offer thy Gift. Jesus speaking to his Disciples about offences, said, Take heed to yourselves, Luk. 17.1.3, 4. If thy Brother trespass against thee, rebuke him, and if he repent forgive him, And if he trespass against thee seven times in a day, and seven times in a day turn again to thee, saying, I repent, thou shalt forgive him; Thus you see by Scripture proved, That for false swear about things lost and concealed, or taken deceitfully, or violently, or wrongfully gotten, or if it were delivered one to keep, the principal shall be restored to him to whom it appertaineth, with a Fift part more also, or the next Kinsman, and I am sure you know not any so near as myself; nay you bind me in 500 l. and Articles to to you, I being the Eldest Son of our Father deceased, to sue out Letters of Administration under the seal of the Prerogative Court, and therein to Discover the Estate, or any part or parcel thereof; Wherefore I by these Lines demand from you a true and real Discovery, and satisfaction in some measure porportionable, that is Whetstone's Mortgage for 100 l. and the use thereof for three Years passed at Christmas last, restored me, and my Dividend of the Mortgage of St. edmond's Bury, and the right and Interest of all moneys or Writings by you concealled, that belongeth to our deceased Father's Estate, or did belong thereunto, and I require, that you receive these Rebukes and Instructions in love, and set yourself to observe them, and show it by your Answer hereunto, that I may receive you, and embrace you, and forgive you: Jaacob, who in his youth, by his Mother's persuasions and subtlety, subplanted his Elder Brother Esau, and caused Isaac thereat to tremble, and after was feign to fly, and leave both Father and Mother for fear of losing his Life by his provoked Elder Brother, as was told him by their Mother, yet many years after, he journeying near Esau his Elder Brother, at his return from Prdan Aram, Jaacob sent Mess●ngers to call his Elder Brother Esau Lord, and to desi●● he might find g●ace in his sight, and sent him a great Present, to appease his Elder Brother Esau, that so he might be again accepted; and the Messengers were commanded to say, It is a Present, thy Servant Jaacob hath sent unto my Lord Esau; and when Esau had accepted, and embraced his Brother Jaacob, and reconciled himself to him; I have seen thy face (saith Jaacob) as if I had seen the face of God, in that thou wert pleased with me; therefore Experience as well as Scripture teacheth, How pleasant a thing it is for Brethren to live together in amity, in Unity, and Prov. 18.19. you may read, A Brother offended is harder to be won then a strong City, and their Contentions are like the Barrs of a Castle; and though your abuses to our Father deceased have been very great, and those Abuses and Provocations you have offered to me herein related, if you will say, it repenteth you therefore, and submit yourself as Jaacob did, and receive these my M●ss●ngers to you of Love, and Peace; for open rebuke is better than secret love, for the heart of a man disposing, and the Answer of the tongue, are both from the Lord, Prov. 16.1. These Lines (my Messengers) penned by God's Assistance, are to desire you, You will not let Satan fill your heart with bitterness, or harden it any longer, or to conspire against me any more evilly; but receive the invitation of Reconciliation, that we may keep the Feast approaching, before the Lawyer's Term, no● with the old Leaven, neither with the leaven of Malice and Wickedness, but with the unleavened bread of Sincerity and Truth, that God may receive Glory therein, our Fathers Name honoured thereby, and ourselves Established, to our enemy's astonishment, that they may say, you have demeaned yourself as the Son of our deceased Father, not delighting in Frauds or Malice, to destroy your Father's Elder Son, and the Estate also; which if you thus Declare yourself, I hope, I shall not only receive you with the Spirit of meekness, but I shall receive you as a loving Christian Brother, that might be said to be faithful and dear unto me; and I shall labour also to restore you in all meekness; All which will vex your Viperous brood, either Henry Wood, that mally part fellow, or any others, who expect to get by keeping you at Discord, and flatter you, That either Common Law or Equity will bear you or them out in any fraudulent, or unjust Actions, for Truth is strong, and will prevail above all the Enemies thereof; Thus believe: Captain Nathanael Burt, the Eldest Son of his deceased Father, from whom he believeth oy you proceeded, and therefore truly desireth your good in Christ Jesus. From my House in Windmill Court, April 6. 1655. where I expect your Answer within 6 days, otherwise expect to have it Printed, that truth may appear, as it is plain truth, declared to public view. By N. B. POSTSCRIPT. READER, SEe and discern what great advantages, Practisers have belonging to that is called Law, Justice and Right, or Equity to make themselves rich by defending or pleading for Concealers, Combinators, Defrauders, detainers of other men's Profits and rights, who labour by Demurring, lying and false swearing to colour it, and not to be brought to light; for every one that doth evil, hateth the light, lest his deeds should be made manifest, or reproved; and these Practisers do not only labour to extinguish Truth, but at length, many times themselves possess that Inheritance or Portion belongs to those whom they have heightened by their Dissensions; Let all Fathers be entreated, if they have any Estate to leave their Children, to dispose of it by Will, to avoid discord, and disscention among Brethren, and the eating up of their Estates by the Ravening Estate destroying Practisers belonging most of them to that Hell fraught with Iniquity, and Liars called The High Court of Chancery; And observe also thus; by John Burts Combination, am I kept bare of Moneys, & by the Charge and loss I daily feel, am necessitated, & was fain to render my body to Prison to save my Bail from the malice of Peter Tomson, who red a Daughter of mine in stead of marrying of her, who complying also with John Burt, forced her to make an Affidavit against me in Chancery, without any subpena thereto, to please him ●nd her Husband, would persuade her also, if she obeyed him not herein, how should he live in Peace with her or could he love her, if she would not be ruled by him, and do what he would have her do, though against her own Father: Is not this unrighteous Brat, full of Malignity, malitiousn●esse and Envy? and is ●e not dissobedient, that would combine to stop his Wife's Father from receiving several moneys to dissable him to pay him, and then to throw him into Prison; Is not such a one without Christianity? though he breaketh bread with Mr. Nerton, and may he not be said to be without natural affection, without understanding, inplacable, unmerciful, as Rom. 1.28, 29, 30, 31, 32. and m●y it not be said, that such who Act thus, are delivered up, or given over to a Reprobate mind, which the Marginal Notes render thus, into a mad and froward mind, whereby it cometh to pass that the Conscience being once put out, and having almost no more remorse of sin, men run headlong into all kind of mischief; thus Diabolical Practisers of the Law will sell the Right and Interest of the Righteous Person for a pair of shoes, 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 morsels again, for as the Crown endureth not to every generation, so Riches are not for ever; for though the ways of wicked men, and such who are greedy of gains, 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 Politic Foxes, and other subtle serpentine fellows, who pretend they are Lawyers, but indeed they are Enemies to the Law both of God, and of England, and also the People's Privileges and Liberties, and such Countors or Pleaders, whether Sergeants, Councillors or Attorneys, Solicitors or other the Plaintiffs or Defendants Friend, either Doctor or Proctors; For though Lawyers say, an Englishman is not to Plead his own Case, yet that ancient Law-book called The Mirror of Justices, will tell you, Though every one be not admitted to Plead, some are admitted to plead in all Actions without Tutors, and some but in felonies; and where any Person is not capable, or in a Capacity; therein Countors or Pleaders are allowed to defend their Clients Causes, according to the Rules of Law, and the Customs of the Realm, 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 Plaintiff, or Actors cannot, or know not how to do themselves, they may do by their Sergeants, Attorneys or Friends; Again saith he, Countors are Sergeants skilful in the Laws 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 falsity; and also that he put no false Dilatories into Court, nor move or offer any false Corruptions, Deceits, Leasings or false Lies, nor consents to any such, nor false Witnesses; and I say of the Law of England, next unto God's Sacred Law, 1 Tim. 18. Which is good, if it be used lawfully, which is made for lawless and dissobedient Persons, etc. And for Liars and Perjured Persons, and one that Writ 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 Perjury; and St. Paul saith, That the Law is made for offenders, for Liars 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 own Act, that by his own consent and agreement, he shall wilfully a d corruptly in any Court of Chancery, or Court of Probates, etc. formerly called the Prerogative Court, or Spiritual 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 affirm, That the Chancery, King's Bench, Common Pleas, and Exchequer be all the King's Courts, and have been time out of mind, and so that no man knoweth which of them is most ancient, used 19 Ed. 4.4. and Cook's 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 impotency of the other Defendant, whereas he was not above 50 years old, and not able to travel, 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 Sovereign Power above ●ll other Courts of Equity, it being a Court of the distribution of the Kings own Conscience, and Bills are exhibited here in the vacancy of the Lord Keeper, or Chancellor to his own Royal Person, viz. To the Kings most Excellent Majesty, in His High Court of Chancery, Practice of Chancery unfolded, pag. 35. and will you not suffer the distribution of His Highness' Conscience, viz. OLIVER Lord Protector, the present Governor, 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 punished, 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. Freeborn contra leisure in Trin. 20. Jac. li. B. Mound. contra Culme, 40. pounds cost given for Perjury in Mich. 14. Car. in the judgement Roll, the 37. H, 8 between Baskervile and Guill●ams, set on the Pillory for procuring Perjury in the Spiritual Court; with divers others, not herein named, who were punished by Chancery Power; And I hope, since we have such Precedents, when His Highness' Conscience shall be distributed in His Court of Chancery, as it hath been in other King's time, or Governments, The Justices of other Courts of Westminster, have their Authority by Writ or Patient under the Great Seal of England, being the Seal of Chancery, which is Committed to the Lord Chancellor, or Keeper by the King, together with the distribution of his own Conscience; Thus have Kings promised to Govern God's People, to maintain & defend their Persons, and their Goods, in Peace, by Rules of Law; and this hath His Highness the Lord Protector sworn to Govern by the Laws, Statutes and Customs of this Nation; seeking the Nation's Peace, and causing Justice and Law to be equally Administered. This He signed December 16, 1653. O. CROMWELL. ANd this aught the peaceable People of the Three Nations to claim and expect from His Highness, and to endeavour 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 own Goods and Estate, in Peace according to God's Law, and the Rules of the Law of England, which comes nearest to God's 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 far from thy Law. I read in a Book, called, For the sacred Law of the Land, Cap. 1. The Precepts of Law are (as Bracton, De. Nat. Deo. 1. To live honestly, wrong no man, give every man his own; Our Saviour comprehends the same in one Rule also; Do as you would be done to, and this is called the Law and the Prophets, Matth. 7.12. Precedents have only so much of Law, as they have of Justice; Ch. Just. Hub. 270. Those and Laws are built upon Reason & Justice, Law and Justice are inseparable. We read in our Old Laws, 1. Bract. l. 4. c. 4. In the time of the Danish Kings, right was buried in the Realm, the Laws and Customs slept together in their time, saith Fleta, Judgement and Peace go together, 1. c. 29. and it is a good Consequence) that so common Justice and Right may be done to every Man; Britton unites Peace & Law (in another place) as fully; Peace, saith he, cannot well be without Law. fol. 1. the Arbitrary will of man cannot be Law, Laws cannot be just, without they be certain. It is the best Law says the Illustrious Viscount St. Albon. Aphorism 8. which leaves least to the Arbitrariness of the Judge, saith Francis White the Author thereof in his Preface, pag. 18. No man is assured, He shall either keep his Estate, or transmit it to Posterity, but by the Laws, let the Inherritance be what it can be, there is more taken from the Laws, which direct and fix the Descent, and wall it in, then from our Parents; The poorest necessitated man, amidst the calamities of this present life, who lieth under Oppression and misery, even crushed almost to pieces, which might make him loath his Condition, he would yet be more unhappy, were not the Law his Sanctuary; and here now being come to the just & wholesome Sanction of the Laws, when they are obeyed and Reverenced, I shall herein rest, and make it my Sanctuary, as of old it hath been to our Ancestors, committing myself in spirit to Jeovah the Great Lawgiver, who is King of Kings, and Lord of Lords the Mighty GOD, and my Person and Estate, and Franchise, and Right, unto the Protector Ordained and set up by God, as Ruler and Governor of the Three Nations, and aught to be God's Minister for our good, for Rulers are not a terror for good Works, but for evil. Rom. 13.1, 2, 3, 4. and to His Highness' Conscience distributed, in His Highness' Courts; and in time, I hope to see England's Laws, Statutes and Customs maintained, and Justice and Law equally administered, and all false Judgements rectified, and Judges punished, and the abusive Practice in His Highness Courts reform, for the People's tranquillity and Peace. And so prayeth the Penman hereof, N. B. April. 9 1655. ❧ Philostratus Philodemius, WHo tendered the Consideration of Seasonable Observations to His Highness the Lord Protector and His Council, relating to the High Court of Chancery, and the Fees and Proceed thereof, and in the 56, 57, 58, 59, 60, 61, pages thereof, in the Table, where he sets down the then standing Fees were taken, what will content the Labourer, and what will be saved to the Common Wealth; The Six Clerks demanded, saith he, by virtue of a Patent from the late King a gain for enrolment, the six Clerks, and the Three Masters of the Petty Bag; they also demanded great Fees by colour of a Patent or Charter from the late King, and the Examiner's Office, demanded also by colour of a Patent from the late King; saith the said Author, the Subpoena Office is a Monopoly; Reader, I pray observe, at the Subpoena Office, they have submitted to the Regulation of the Ordinance made by the Lord Protector and his Council. I pray why shall not the rest of the Pattentees submit to this Ordinance, as well as the Subpoena Monopoly Office? also might not the Pattenttees and Monopolizers, which were under the late King, demanders by colour of Patents from the King, extort moneys from the People as these now do, although they are commanded otherwise, which for their Information is Exemplified in the Table of Fees belonging to the said Ordinance, in the 66 Distinction of the said Ordinance you may read thus, That if any Register, chief Clerk, Examiner, Attorney of the said Court, or Officer for making Subpoenas, shall either directly, or indirectly, demand take or receive any other Fees, or sum of money, than what is contained in the Table annexed, etc. And every such Offence shallbe, and is hereby Ordained, adjudged and declared, and shall be reputed and taken to be Extortion, and shall be punished as Extortion, and that every Person or Persons so offending, and thereof convicted, shall be, and are hereby dissabled to bear any Office of Trust or P●●fit in the Common Wealth; you may herein see that the subpoena Officers have submitted to the said Ordinance, and the table ●f Fees thereunto annexed, lest they should lose their several and respective Places, and be diss●bled for nonconformance thereunto, it being so ordained by the Authority aforesaid. The other Officers of Chancery that are greater in Place, can read better than I, though they will not obey thereunto, Distinction the 65. It is Ordained, That the Master of the Rolls, and Masters of the Chancery respectively shall not demand, take or receive any other Fees then what are contained in the Table annexed, and that every offence in that behalf shall be, and is hereby adjudged and declared to be Extortion; and shall be punished as Extortion. Reader, This Ordinance must be obeyed, as all the rest this present Power hath made and Ordained, maugre all chose that call themselves Lawyers, or their dependants, see and observe the Subpoena Officers belonging to the Lord Protectors Highness Court of Conscience, the Chancery, in which I pray you all to help me in your Prayers, that God will Enable O. CROMWELL who was sworn Lord Protector the Sixteenth of December, 1653. by the Lords Commissioners, they Administering the said Oath to him, that he may distribute a good Conscience to the People's relief in Equity and Justice, that his face may appear as an Angel of God; So prays Captain, N. B FINIS.