ADVICE, Sent in a LETTER From an Elder Brother, to a Younger.

Which he missed of by being abscent, since occasionally Prin­ted, it relating to remedying and reforming severall Abuses in the COMMON WEALTH, by severall Practisers pretending Equitie and Conscience in the High Court of Chan­cery, and that unsetled, irregular unlimmited Court of Pro­bates, who also Act against the Law of God, and the Law of England, as in the reading thereof may be observed and bewayled, and it is hoped, may be of Publick Concernmen [...], and Profit; wherefore the Author hath been at this charge of Printing it.

Who riseth up with me against the wicked? Who taketh my part a­gainst the evill doers? If the Lord had not helped me, my soul had been put to silence.

Wilt thou have any thing to do with the stool of wickedness which ima­gineth mischief in the Law? Mr. Tindalls translation, Psal. 94. If a Ruler hearken to Lies, all his servants are wicked. Prov. 29.12.

None calleth for Justice, nor any pleadeth for truth, they trust in vanity, and speak lies, they conceive mischief, and bring forth iniquitie. Esay 59.4.

Of false Judges assigned, King Alfred ordained such Judge­ment, that the wrong they do to God, whose Vicege­rents they are, and have conusance to judge Offenders, that first they be judged to make satisfaction to those they have hurt, that are parties Plaintiffs. The Book called, The Mirrour of Justices. pag. 207.

LONDON, Printed for the Author 1655.

TO HIS HIGHNESSE, O. CROMWELL, Lord Protector of the Common Wealth of England, Scotland, and Ireland; And to His Honorable Councellors and Assistants.


I Am moved by Gods Spirit this present 24. of May, 1655 to write this to You, and those that assist You in Council, for your leisurely perusal, with the other lines that belong there­unto, and also to present them, by the spirit of God, who is the King of all the Earth, and reigneth over the Heathen, and of a truth will be found no respector of Persons, though many that are in places to Judge the People, give false Judgement, and respect Per­sons, both in the High Court of Chancery, And that Illegall, Arbi­trary, Irregular, Unlimmited Court, now called a Court of Pro­bates, &c. in which is executed more the will of man then the judge­ment of the Lord, they respecting the Persons, and Profitts one of another, as they do yet in Chancery, although in the Ordinance for Regulating and limmitting the High Court of Chancery, it is Ordai­ned, fol. 523. That for the future there be no more cause of just Complaints from the People.

SIR, it is hoped good things will be found in You; Jehu told Jehoshaphat 2 Chro, 19.2, 3 For such a thing he had provoked the Lord to be wrath with him; Neverthelesse good things are found in thee, and that You will set Judges over the People of the Common-Wealth of England, Scotland and Ireland, You having accepted the Stile of Lord Protector thereof, and sworn to Govern these Nations accor­ding to the Lawes, Statutes and Customes, seeking their Peace, and causing Justice and Law to be equall Administred; The Lord God of our Fathers enable Your Highness to put in such men to Judge between the People, that may be men of Truth, fearing God, and hating Covetousness, as Jethro advised Moses, Exod. 18.21. the People have been long abused and oppressed by lying unsatiable extorting, unfaithfull, unconscionable Lawyers, and men in pla­ces of Judicature, to the dishonor of God, and the destruction of [Page] the Nations, and their great reproach, for sin is a reproach to a peo­ple or Nation But Justice or Righteousness exalteth a Nation. Prov. 14.34. and lying lipps are an abomination to the Lord, but they that deal truly are his delight. Prov. 2.22. then all lying men in place of Judicature, and [...]ying Lawyers that deal not truly, are an Abomination to the Lord; The Apostle, who knew all Gods Coun­cell, Acts 20.27. For he must first know it before he could declare it, Rom. 13.1, 2, 3, 4, 5, 6, 7, saith, God ordaines Powers, for the Peoples Weale, or good, and such are called Gods Ministers, and are to attend continually for that very end, or thing, for the Peoples good, and well-being, if the People do well; but they are to take Vengeance, if the People do evil, and to such ministring Persons ought People to be obedient, or subject un­to, not because of their wrath, but for Conscience sake, Your Highness, assisted with your Council, hath begun to limit and regulate that unconscionable Court of Chancery, and lying delaying Practisers, and to pull down their extortions by your Ordinance, made August 22. 1654, though they are loath to obey it; Oh judge for the Lord, and limmit and regulate that unchristian corrupt Court, stiled a Court of Probates, &c, for the Civillians must confesse, their Law is a Sea full of Waves, and as uncertain as the present Judges mindes thereof, but the grounds of our Common Law have from the begin­ning been lay'd with such deep Wisdom, Policy and Providence, as they do provide for and meet with almost all Cases that can fall out in our Common Wealth; Th'Imperiall Power, th'immeiate Po­wer under God and Christ, is setled in Your Person, with Your Council, and all Writts, Processes, Commissions, Patents, Grants and other things in Your Name, they are to run as the 2 & 3, & 33 Ar­ticles of Government, declared Decem 16. 1653. and from You to be distributed in all Courts, they acting and doing in the Name of O­liver Lord Protector, should act justly and truely; and the Pen-man hereof shall exhort all People with the words of Paul. 1 Tim. 2.1, 2. to make supplycations for Your Highness, &c. and all you shall preferr to Judge between the People, and deal truly therein, that so we may lead quiet and peaceable lives in all godliness & honesty; for false Judges, and false & lying Practisers about the Law, under them, must be a more intollerable and ahhominable thing then Warr; beleeves Yours, while GOD is with you, and you with him.

Cap. Nathanael Burt.

AN EPISTLE DEDICATORY, TO Mr. WILLIAM WHETSTONE, His hoped for Freind in the Truth.


THat a man should Dedicate his case to one he is for­ced to sue in the Law, one would think should seem a Juggle, or a Paradox; but it will not be so found in this, and I shall cleer it to you, or any else; for in the Mirrour of Justices, pages. 156, 157, 158. Our Ancestors, if the partie would not confesse that had done any falsitie to a man in deed or word, where there was no wit­ness to testifie the truth, they were suffered to enter Battell, if E­qualls, for Declaration thereof, or proof thereof, and sometimes they proved by Witnesses, saith the Author; for if a man hath done any falsity to me in deed or in word, whereof he is appealed or impeached in Judgement, if he deny it, it is lawfull for me to prove the Action, either by Jury, or by my Body, or by the body of one Witness: Now that Battell is laid aside, yet by Jury and Witness a man may prove his Action, or Appeale; and I having spoken to you, and finding you so reall 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 [Page] truth, and you a Witness therein, I have placed you upon the front of the Battell, and have dedicated it to you, that in this fraudulent mat­ter, whereof doubtless you have been ignorant, as a faithfull and Coura­gious Champion or Combitant, you may maintain the truth hereof to this evill lying World, and in your answer in Chancery, quit your self 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 confesse Francis Riche [...] Habitation. Sir, on Saturday, Aprill the Seventh, toward Evening, I was with Mr. Thomas Ellis, to have delivered this Letter to my Brother John Burt, where he lodgeth in More-fields, and his Land­lord told me and Mr. Ellis, that he and his Wife and Children were gone out of Towne, 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 paines 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 perpetuall loss and undoing, but that he may be saved in the day of Christs appear­ing; though thereby he hath sought my temporall ruine, and I not be­ing certaine of his return, that I might have seen how he would have received my Councell, or rebuke herein, and answered there­unto next unto Gods glory, and Englands Laws, I claime sa­tisfaction to, and any Dammages or losses I have received by him and his Complices therein beside my trouble and grief thereby (and the expences and losse which you have already seen and felt by him, and through him and his procurement) who as it is beleeved, 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 Fathers Estate, and by the Seal of the Pre­rogative Court, unto whom John Burt became bound in a bond of 500. l. to fulfill certain Articles which were sealed between us twelve dayes after our Fathers Funerall, and Sixteen dayes after his discease [Page] wherein he tyes or bindes 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, Chattells, 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 shewed you, and he having had in his hand and Possession seve­rall 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, untill the Christmas before he dyed, which rests with me, and he dyed June the 12th, 1654. Now you being the Principall Witnesse herein, and next unto my self, the neerest 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 abscent, 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 fraude and Concealement of the said Writings belonging to you and your Father disceased; and I hope by this to finde much more of my Fathers concealed Estate. And it being commanded, That the hand of the Witnesse 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 heare 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 evill Example in Israel, and not to be suffe­red; This Premised to you, with my Love and Well-wishings to you.

I rest yours for the truehs sake, NATHANAEL BƲRT.

ADVICE, Sent in a LETTER From an Elder Brother, to a Younger. And Isaac trembled very exceedingly, and said, thy Brother came with subtilty, 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 birth-right, Behold, now he hath ta­ken away my blessing.


I Am not ignorant, that Cain and Abel were na­turall Brethren, and that Isaac and Ismael were naturall brethren, or taken by Abraham so to be, who was their naturall Father, as well as by others, though they were by two severall 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 Abell the younger Brother, in those dayes, 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 severall Persons in my abscence, That my last glasse was run, and bid them to tell me so from you. And [Page 2] 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, Ma­litiously moved the Court against a Non-suit therein, saying, he could not find the Bond, and he knew he had declared there­on in the Ʋpper Bench, the Michaelmas Terme was 12 Moneths before, yet in the mean time, with my ungracious Son in law Peter Tompson, you both of you offered to sweare then in the Court of Probates, you had no Action then upon me, which was a Lie, as two witnesses can yet testifie, viz. Thomas Ellis and John Brooke. And though you are my half Brother, and had buryed me there alive, to bring about your malitious fraudu­lent ends, and thereby to procure to your self of those unjust and unrighteous Judges, letters of Administration, against the Law of God, and of England, as though my glasse of Life had been run indeed, and I departed, out of this life (for Imprison­ment, let it be well observed) is but a Civill 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 sonne, by a second ventor, which by Law is unanswerable, Thus hath your dealings been like a treacherous, false, deceitfull, unfaithfull, unchristian, unholy, unnaturall Brother, in which our Fathers Name cannot but be dishonoured: I have read in Scripture also, That Abraham and Lot, though their Heards­men strove together, yet Abraham said to Lot; Let there be no strife, I pray thee between me and thee; and between my Heards-men and thy Heards-men, for we are Brethren: Yet it is written, Abra­ham and Lot had two severall men to be their naturall 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 naturall generation of the same Parent; a true distinction of [Page 3] discent, apparant for that false and foolish Court of Probates in­struction: yet behold faithfull Abraham, Gen. 25. who had nine Children by Keturah another Wife, besides Ishmael whom Hagar the Egyptian, Sarahs handmaide, bare unto Abraham; And to avoide strife, discord, contention and discenti­on, that might have come or risen amongst them as Bre­thren, because of the heritage; Abraham gave all that he had unto Isaack, But unto the other sonnes, 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 Civill Law, and God said to Isaac, Gen. 26. That Abraham obeyed his voice, and kept his Charge, and his Commandements, 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 sonne, or the first-born sonne, by the first Wife shall be by the father acknowledged for his first-born, by the Fathers giving him a double Portion, of all that he hath, for that he is the begining of his strength, the right of the first born-ship is his, Deutr. 21.15, 16, 17. This is Gods law, Maugre corrupt long breath'd Lawyers, or pretended Regula­tors of the Abuses of Practisers in the Law, or any silly Vilaines, or Civilians belonging to Doctors Commons, either Dyers, Fishers, or Lyers 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 first-born sonne, and a legall sole Administra­tor lawfully admitted, sworne 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 lipps, 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 then ever (Dr. Wise-man) And such wicked Lyers, Lawyers, Fishers, Wisemen and Dyers, in any Court whatsoever; who slander men by misinformations in [Page 4] Court, as you know sensibly by your means and contrivance was foolishly and malitiously, by you and your Compl [...]c [...]s 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 un [...]ighteously in judge­ment, and judgeth not what is right, as well as in passing the Seale, as Serle Zanchy, or Cottle, to do any wrong, such ought by Law to make satisfaction to the Partie 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 practise of Lawyers in our times, either Chancery men or Common Lawyers, as well as Civill Lawyers, whe­ther they be Ecclesiasticks or Lay-men, and did any Ecclesia­sticks fit there more then Mr. Hugh Peters 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 lade men, or Peoples 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 sinke, and are caught of them, before they are aware of them, they being full of ravenning and wickednesse, and will not touch the burdens with one of their fingers, they layed then upon the Peoples shoulders; And I finding it thus recorded, Matt. 23.1. That Christ spake 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 rottennesse, oppressions, extortions and injustice, as well as dissimulation, and faire speakings and promises to the People, which they never intended (which is the ground of Hypocrisie) In the Bibles of the English and Roman letter, Prin­ted 1609. and 1610. by the Kings Printer Robert Barker, as you may read, Psal. 10.10. The Prophet in his dayes complaining of the fraude, rapine, tyranny, and all kinde of wrong which [Page 5] worldly men then used, or wicked men, or Hypocrites, amongst the rest of their pretended Vertues, saith the Scripture; He crou­cheth, and boweth: therefore heapes of the poor do fall by his might; and in the Margent it is thus Printed, By the Hypocrisie 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 doe; 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 Sinagogues, and the uppermost place at Feasts, and to be called, by Titles of Dig­nitie, and to be saluted, honoured, or greeted, in publique pla­ces, as if they were somewhat more then other men, as many do now in our dayes, 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 spake by the Holy Ghost,) and without doubt these Hypocrites carried themselves, as close, and covertly, and seeming courteous, with as faire and plausible Pretences as any do now, and as now, so then they would compasse both Sea and Land for their own ends, to make a Prosilite, and to bring him to beleeve with them, and to be of their Synagogue, though thereby, when he was brought to their belief, he was made twofold more the childe of Hell; by being made one of the Synagogue of Satan; this Christ spake, Matt. 23.15. Who was greater then 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 Bre­threns shoulders, and to betray their fellow brethren, and their Estates; for as Paul whom Christ counted Faithfull, became in­jurious no more, and persecuted none of his Brethren, after he had obtained mercy himself. 1 Tim. 12, 13. and was called, and made to beleeve, he averreth Rom. 15.2, 3, 4. that every man should please his Neighbour to edification; as it is written, The [Page 6] rebuke of them that rebuke thee fell on mee; 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, partiallity should not be used. 1 Tim. 5.19, 20, 21. And Paul shunned not to declare all the Councell of God, and he thereby stood pure from the blood of all men. Acts 20.26, 27. Now this being an Epidemicall di­sease in England, and perticularly rooted in you (John Burt) as by Witnesses will be proved; so that it is in you gangrened I fear, or setled; you having been the chief plotter, and Acter 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 hypocrisie; and have your Conscience seared with a hot-iron; as the Holy Spirit spake by Paul expresly; In the latter times some should depart from the Faith, and should doe. 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 meeknesse, and intreat you to examine your self; 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 sines 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 evill speak­ings; As new-born Babes desire the sinceer milk of the Word, that you may grow thereby; for holy David through his temptations and experience, could tell you, Psal. 119.9. Wherewithall shall a young man cleanse his way? by taking heed thereto, according to thy Word; [Page 7] for the Prophecie came not in old time by the will of man: But holy men of God spake, 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 meeknesse I again advise you to repent, of your many and perticular unfaithful­nesses, malitiousnesses, envyings, lyings, unnaturall combina­tions, concealements, threatnings, imprisonings by your self and other your Complices, and false reports to stop and de­taine my monies, due to me, not onely 66. l. 13. s. 4 d. in your own hand, besides the use, which is of [...]he Mmrgage of the Red Lyon Inn at St. Edmonds Burie, but in oth [...]r mens also, to put me to charges in Law-suits; viz. In Henry Woods hand, my Te­nant, which this is the third time, and in John Wests 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 your self, as also your contrived Demurrings in Chancery, and halfe perjuries, And your cancelling, like a Scrievener with one eare, and detaining severall Writings, as well as much mo­neys, which belong to me, as the Image and representor of our Fathers Person, and your many Provocations, and incitements, as well as inticements of others, to lie and sweare falsly against me, and to sue me in severall Courts, or to withstand my right, to cause me to sue for it, to which I was not onely bound in 500. l. to you, with Articles to discover our Fathers Estate, before letters of Administration were delivered me in Sir Na­thanaeel Brents time, but also bound to the Prerogative Court with securitie in a farr greater sum, and sworn therein also to be a faithfull Administrator to our d [...]ceased Fathers Estate, you having ever since vexed both my self and others, and then, and still threatning them if they Pay me; and such whom you have, and still do procure with you so to doe; also your home-swearings Personally in two Courts. Viz. the one of Chancery, which I hope in time will be made to submit to the fo [...]me and [Page 8] 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 establish [...]d and compelled to be obeyed by all People under the Power; And also your home swearing in that Arbi­trary, Irregulated, unlimmited, and unparralell'd 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 curbe, and bring into Order also in due time, and settle them by Orders, as the other Courts are setled by the Judges of the Land, viz. the Common Pleas and the Ʋpper Bench, which shall be by them published in Print, as the Ordinance for Chancery, for the Peoples 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 therin, 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 speciall 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 Moneth after the Parliament was dissolved; I read in a Book called, The Mir­rour of Justices, made by Henry Horne. pag. 293. That the Com­mon people called the Chancery, then 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 Highnesse, &c. 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 [Page 9] exorbitant practises; to the end all Proceedings touching re­lief in Equitie to be given to that Court, may be with lesse trouble, expence 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 pen-man hereof hopes to see put in execution by His Highn [...]ss comm [...]nd, &c. as sure, as 44 [...]ustices, who were hanged in one year, for oppressing the People by false Judgement, Mirrour 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, perticularly named, and their false and Arbitrary Judgements, for which they suff [...]red, death or imprisonment, or wounding, or losse of limbe or member; And accordingly, he caused mortall rewards to cri­minall Judges, for wrongfull mortall Judgements, and so he did for wrongfull Judgemenss venialls, Imprisonments, for wrongfull 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 doeing wrong, pages 158. 230. And the Penman hereof Appealeth from the false and wrongfull 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 severall times, that they could not doe it without my consent, being personally present and it is ve­rily beleeved, some of these Judges, would think it judgement contrary to Law, and so wrongfull and false Judg [...]ment, 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 Gods Law, and Englands Law, as they have done by me, who have given yon John Burt my yonger B [...]other by the second ventor, Letters of Administration, two years [Page 10] after the law had possessed me thereof, lawfully, and that I had paid, in portions, & taken receits from your self, and you had denyed it in Court, had not our sister personally testified the same against you, shee seeing you receive a part thereof, and her self about that time which was about 18 Moneths 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 villanously would have had her to have denyed it as her Act and Deed, and the Judges of Probates, &c. would have perswaded me to have relinqu [...]shed it, I am sure you [...] Dr. Wiseman can rem [...]mber this, who mis-informed the Judges for you about it severall times, and sputtered hard therein against me then personally relating the truth unto the Judges against both his and your lies, and your P [...]octers 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 Heire, as the severall Orders in Court will yet testifie, which were commonly drawne by Dyer your Pro­ctor to speak as that Viper would have them, who made the Register enter, or signe what he pleased; thus would you and your Complices have cast out the sonne 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 Fathers Deceased, and had long before brought in a true and perfect Inventory, and an Account & Aditionall, 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 heartily ttoubled for; and had you one dram of grace, you would, but at last you procured an un­just Ord [...]r and upon that, a false and wrongfull Judgement a­gainst mee, 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 wrongfull Proceedings of the Judges of Probates, I have heard Learned men, and Aunci­ent [Page 11] Practisers both of Common and Civill Laws, say that it was irregularly and illegally done against both the Civill 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 owne, or any inheritance, by Enlish Law, when Judges without the Peoples or Parties consent, shall g ve the title, right, interest, dignitie or Estate or Inherritance of the People or any perticular Person, or p [...]oprietie thereunto, away from him or them wilfully against Law, and contrary to Law; And when Judges do passe their ju [...]isdiction, 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, Mirrour of Justices, pag. 245. It is worth the observing, and declaring also, that the Judges of Probates, &c. could not be ig­norant of my Case, and rightfull Cause, it having been d [...]pen­ding (though to my grief and losse) 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 beleeved 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, untill he diss [...]nted, and denyed to own my businesse any longer for that in op [...]n Court I had demanded judgem [...]nt against him for consenting against me, and abusing me, and labouring to destroy me; so that so much as the Judges hath heard, not onely from my self in [Page 12] Court pleaded in Faylor of my Proctor, but also by that juditi­ous Advocate, and Auntient Practiser, Honored Dr. Swett, and severall Letters and Petitions to enable th [...]ir memories, and se­verall exceptions in writeing delivered them, to keep off false and wrongfull judgement; for in the Mirrour of Justices, pag. 198. It is said, The Judge doth not offend so much, that he doth not make the Law, but he [...]ffendeth in foolish undertaking upon him to judge foolishly, or falsly; 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 Originall Letter, of which that was a Copy, is still to be seen, and as Cain churlishly de­nyed the Lord, who inquired for Abel whom he had slaine, so I, though shut up by you, cryed by my Letter to the Judges of Probates, that as I was the Eldest sonne of our Father Deceased, and sole administrator and representor of his Person, that they would do no wrongfull judgement then unto me, though I, was inclosed and shut up as a dead man, and in that Letter, I did averre, 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 doe averre that my life, Libertie 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 Customes of this Nation (and the descreti­on of a Court ought not to be contrary to Law and Reason.) [Page 13] thus testifies Nathanael Burt, and this was added to my Letter also from Ludgate to testifie 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 practises, and this Letter also is preserved to be given in testimony agai [...]st their unrighteousn [...]sse and false wrongfull judgement, and your frawd and maliciousnesse; John Burt herein may be read, you have put me to no small trouble, losses and attendances, and charges in severall Courts, besides Imprisonments also by you and your Complices combination, to destroy me in my Name, Liberty, Estate, dependencie of Trade, to gain bread the staffe of life in this Orbe, to make me fall under you, who am the Survior of our deceased Fathers 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 detaine and con­ceal from me, and to turn it to your own use, profit and Be­nefit; Witnesse 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, untill the Christmass before he dyed, as by his Book under his own hand will appear, and by witnesse also, four Pounds half yearly, which was secured to him, his Executors, Administrators and Assignes by a Mort­gage of two severall Houses in Holburne, held by Lease from one William Wooley Esq of Lincolnshire, which Writeings of Con­veyance, & security, you possessed your self of secretly & frau­dulently, as you did of our Fathers Keyes out of his pocket in his lifetime, to his great grief, and vexation, he wanting much of his tongues benefit to expresse, but not then quite dumbe, which you took advantage of, and by this meanes possessed your self of severall Moneys and other Writeings of Bonds and Mortgages, which you kept concealed, and some since Cancelled, and others you received the use and profits there­of your self, sometime uncancelled, and you knowing my Ad­ministration [Page 14] 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 demurr and de­ny, and not long after to my second Bill for discoverie onely against your self, you sweare positively an untruth to the ma­jor part of our Fathers Estate, concealed by you; and also of the Mortgage of 200. l. of St. Edmonds Burie; somewhat there­in you confesse, upon which confession, it was Ordered to be devided as 200. l. of cleer Estate, of which you know the moy­etie or Third part belongeth to me, and as much unto our sist­ers 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 forsworne, and had forfeited a Bond of 500. l. to you, had I not discovered it as part of our Fathers Estate, he having entred it into his Book with his own hand writing, which you and others have seen, and you your self cannot deny, which in the Court of Probates, &c. before the Judges, you confessed in my presence, you canceled; saying Samuel Thomlins (once your fervant) could testifie it was given you; which you know, you then, and in your Answer lyed in, for he hath denyed it unto your face, as also in his Answer in Chan­cery; But this Mortgage of Mr. Whetstones, 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 Fathers decease, I having Letters of Administration, and that you had bound your self to me in 500. l. Bond, with Articles, to discover our deceased Fathers 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 beleeved, you have concealed a Bond of a 100. l. for the payment of 50. l. wherin Jeames Ryton, and one To­bias Markeham & old Mrs. Ryton were Bound to our Father, and it [Page 15] is entred into his Book, the use received by him about Christmass before he deceased, with his own hand, as Mr. Whetstones is, and demanding of Mrs. Ryton to be satisfyed therein, the same day Mr. Whetstone had satisfied me the truth of his; she sord [...]d­ly denyed 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 sware so desperately, and Whetstones conceal­ment having lyen so snugg, I see that neither Lies nor Oathes will choak you, for it will be proved, that you have received the use to your self, 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 cancelled 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 bratt, in all this you well knew you had acted, and done, sware you knew nothing of this belonging to your Fathers Estate; And after you had can­celled 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 owne Name, with his sonne William Whetstone, you could not rest content therewith, and satisfied; But you must have them al­tered again by Mr. Walton, And then you doe intitle and inte­rest one Francis Rich in the said renewed Mortgage, pretending to Mr. Whetstone you had received of Francis Rich, for the said Mortgage of his not long before you had renewed in your own Name, though fraudulently, as he now beleeveth, 100. l in [Page 16] money, for which cause say you, and Walt n the Scrievener, Whetstone must now assigne 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 suite commenced, or brought in the Exchequer of Pleas against William Whetstone, in the Name of Francis Rich; and in Michaelmas Terme, 1654. recovery is made against Whetstone in the said suite, 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 then 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 suite therein, and like­wise to promise, Twenty Five Pounds from the [...]ce quar­terly, untill 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 spake 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, untill March following after, and beleeveth, if he had known the Administrator, He should not have payed 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, heare Pauls advice, which was inspi­red by God, if you will not hear me, who saith, Ephe. 5.25. [Page 17] Wherefore, cast off lying, or putting away lying, and speak every man truth unto his Neighbour; See Esay. For wee 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,, Lying lips are an abomination to the Lord, But they that deale truly are his delight, But a lying tongue is but for a moment; He that is greedy of gaine, troubleth his own Howse: 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 beleeve, in time, if you re­ceive not this instruction, many more of your Concealements and frauds, you have so lustily covered with Lying; and so falsly sworn against, of which you see this apparently is one, for a righteous man hateth Lying, but a wicked man is loathsom, and commeth 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 robbed our Father of his Keyes in his life time, which you know too well, which the Citie Cry­er cryed before your door about seven Weekes before he dyed, though you never delivered them no more then the Lease of the Crown you possessed, and the Fine thereto belonging, and much Monies & other Bonds & Mortgages, and money belong­ing then to him, and since to his Estate; All which hath been denyed 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 entred it for Memo­rie, who is Attorney of the Ʋpper 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 hindred you in, or of, like a kindle-coal, and sower of discord, for this was within Seven Moneths 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 [Page 18] 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 [Page 19] 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 [Page 20] 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 [Page 21] 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 [Page 22] 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 [Page 23] 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, [Page 24] 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 Councill, since Parliaments have neglected it, Power to ease the People in such unlawfull 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 Wid­dows Case with five Children, who hath never been able ever since to pay that money, where she was faine to borrow it to stop this Extorting Ministers appetite of money, or scarcely to put cloathes on her Children for shift convenient: And Exacti­on, Extortion and Oppression are forbidden by Gods Law and Word, which People, Officers, Judges and Ministers of Courts, who forsake Gods Law, and Word, Psal. 119.158. I beheld the Transgressors, 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 Governours and People would doe the like: Wherefore hear your Elder Bro [...]hers Exhortation John Burt, and suffer this my rebuke, for your sin against God, our deceased Father, whom you have much abused, and belyed, and my self the Pen-man hereof, and also your own self, and your malicious sinning hath now found you out, and in our Fathers life time also caused him, when you brought your Children, and set them up upon his bed-side, which sure was well done of you, that he might blesse them before he departed this life, and your self also, but he remembring how extreamly you had abused him, by possessing your self of his Keyes, out of his Pocket, which he had persued you to your owne house for, though he were not so capable to expresse by words, to you, as to reprove some, that others as well as your self, might hear him declare himself demonstratively; yet you know hee remembred your ungodly abusing of him, and therfore 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 extreamly wringing his [Page 25] 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 Possesse what you could of his by your over-reaching, and fraudulent and unlawfull deal­ing, or deceiving Policie; pray that it may not be your Curse in which you think to have blessed your self; see Jaacobs filialness, He durst not offend or abuse his Father when he was blinde, 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 my self, you have even almost destroyed me, your Elder Brother, in my out­ward or Temperall Estate, God knoweth, by multitudes of Troubles and Losses, and Law Suites, and Lawyers Answering, with the Money belonging thereto drawn out and expended, the better to colour your guiltinesse, And I should make my self guilty of all these your sinnes, and Trespasses, If I should not rebuke you; I must therefore rebuke you, and that openly, if I will observe Gods 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 sinne upon him, saith the Margent, or that thou beare not sinne for him, thou shalt in any wise rebuke him; Wherefore, that you may not bless your self in your evill Wayes, saying, You have not sinned in all that you have done to our deceased Father, and to my self, 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 falsly, neither Lie one to another, And ye shall not sweare by my Name falsly, Thou shalt not defraude thy Neighbour, neither rob him, and reade 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 [Page 26] which was delivered him to keep, or in fellowship, or dealing, saith the Margent, 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 lyeth concerning it, & sweareth falsly; Or hath found that which was lost, and denyeth it, and forsweareth it, and sweareth falsly, in any of all these that a man doth, sinning therein, or for any of these things that a man doth, wherein he sinneth, Then 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 robbed, 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 sworne falsly, Or for whatsoever he hath sworn falsly, he shall even restore it in the prin­cipall, and shall adde 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 Margent, 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 Dammage, or to be recompenced for the Trespass, of Lying, and Detaining, and Concealing, as be­fore related; Herein is used two severall 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. Whetstones 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 your self also, which you will finde Christ taught to men when he was upon Earth, which strengtheneth this Scripture, and maketh a threefold Testimony against you, or any obstinate Lyer 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 remembrest that thy Brother hath ought against thee, leave there thy Gift before the Aaltar, And go thy way, [Page 27] first be reconciled to thy Brother, and then come offer thy Gift. Jesus speaking to his Disciples about offences, said, Take heed to your selves, Luk. 17.1.3, 4. If thy Brother trespasse against thee, rebuke him, and if he repent forgive him, And if he trespasse 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 swearings about things lost and conceal­ed, or taken deceitfully, or violently, or wrongfully gotten, or if it were delivered one to keep, the principall 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 neer as my self; nay you binde 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 seale 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 reall Discovery, and satisfaction in some measure porpor­tionable, that is Whetstones Mortgage for 100. l. and the use thereof for three Years past at Christmass last, restored me, and my Dividend of the Mortgage of St. Edmonds Burie, and the right and Interest of all Monies or Writings by you conceal­led, that belongeth to our deceased Fathers Estate, or did be­long thereunto, and I require, that you receive these Rebukes and Instructions in love, and set your self to observe them, and shew it by your Answer hereunto, that I may receive you, and imbrace you, and forgive you: Jaacob, who in his youth, by his Mothers perswasions and subtilty, subplanted his Elder Bro­ther Esau, and caused Isaac thereat to tremble, and after was faine to fly, and leave both Father and Mother for fear of loo­sing his Life by his provoked Elder Brother, as was told him by their Mother, yet many years after, he journeying neer 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 finde g [...]ace in his sight, and sent him a great Pr [...]sent, to appease his Elder Brother Esau, that so he might be again accepted; and the Messengers were commanded to say, It is a [Page 28] Present, thy Servant Jaacob hath sent unto my Lord Esau; and when Esau had accepted, and imbraced 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 Ʋnity, 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 your self as Jaacob did, and receive these my M [...]ss [...]ngers to you of Love, and Peace; for open rebuke is better then 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 Gods Assistance, are to desire you, You will not let Satan fill your heart with bitternesse, or harden it any longer, or to conspire against me any more evil­ly; but receive the invitation of Reconciliation, that we may keep the Feaste approaching, before the Lawyers Terme, 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 honored thereby, and our selves Established, to our enemies astonish­ment, that they may say, you have demeaned your self as the Son of our deceased Father, not delighting in Fraudes or Ma­lice, to destroy your Fathers Elder Son, and the Estate also; which if you thus Declare your self, I hope, I shall not onely 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 deare unto me; and I shall labour also to restore you in all meeknesse; 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 Equitie will bear you or them out in any frau­dulent, or unjust Actions, for Truth is strong, and will prevail [Page 29] above all the Enemies thereof; Thus beleeve: Captain Natha­nael Burt, the Eldest Son of his deceased Father, from whom he beleeveth oy you proceeded, and therefore truely desireth your good in Christ Jesus.

By N. B.



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 mens 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 evill, hateth the light, least his deeds should be made manifest, or reproved; and these Practisers do not only labour to extinguish Truth, but at length, many times themselves possesse that Inheritance or Portion belongs to those whom they have hightened by their Dissentions; Let all Fathers be intreated, 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 Iniquitie, and Lyers called The High Court of Chancery; And observe also thus; by John Burts [Page 30] 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 Bayl 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 perswade 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 doe what he would have her doe, though against her owne Father: Is not this unrighteous Brat, full of Malignity, malitiousn [...]esse and Envy? and is [...]e not dissobedient, that would combine to stop his Wives Father from receiving severall Monies 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 naturall affection, without understanding, inplacable, unmercifull, 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 minde, which the Marginall Notes render thus, into a mad and froward minde, whereby it commeth to passe that the Conscience be­ing once put out, and having almost no more remorse of sinne, men run headlong into all kinde of mischief; thus Diabolicall Practisers of the Law will sell the Right and Interest of the Righteous Person for a pair of shooes, or a piece of bread, thus are thy People eaten up all the day long by them as bread, but these Gormorants m [...]y in time be caused to Vomit up their morsells again, for as the Crown indureth not to every gene­ration, so Riches are not for ever; for though the wayes of wicked men, and such who are greedy of gaines, would take away the Life and Liberty of the owners thereof Prov. 1.19. Malice shall slay the wicked, and they that hate the Righteous sha [...]l pe­rish, for though the troubles and afflictions of the Righteous are many, The Lord heareth, and delivereth them out of all their troubles, Psal. 34.17.19, 21. But these Politick Foxes, and other subtill ser­pentine fellows, who pretend they are Lawyers, but indeed [Page 31] they are Enemies to the Law both of God, and of England, and also the Peoples Priviledges and Liberties, and such Countors or Pleaders, whether Sergeants, Councellors or Attorneys, Solici­tors or other the Plaintiffs or Defendants Freind, either Do­ctor or Proctors; For though Lawyers say, an Englishman is not to Pleade his own Case, yet that ancient Law-book called The Mirrour of Justices, will tell you, Though every one be not ad­mitted to Pleade, some are admitted to pleade in all Actions without Tutors, and some but in fellonies; and where any Person is not ca­pable, or in a Capacitie; therein Countors or Pleaders are allow­ed to defend their Clyents Causes, according to the Rules of Law, and the Customes of the Realme, and every one that knoweth not how to defend their Causes in Judgement; and there are many that do, saith the Author. pag. 65. 128. And therefore Pleaders are necessary; so that, that which the Plaintiffe, or Act­ors cannot, or know not how to do themselves, they may do by their Sergeants, Attorneys or Freinds; Again saith he, Coun­tors are Sergeants skilfull in the Lawes of the Realm; who serve the Common People to declare and defend Actions in Judge­ment; And every Countor is chargeable by Oath, That he shall do no wrong nor falsitie; and also that he put no false Dilatories into Court, nor move or offer any false Corruptions, Deceits, Lea­sings or false Lyes, nor consents to any such, nor false Witnes­ses; and I say of the Law of England, next unto Gods Sacred Law, 1 Tim. 18. Which is good, if it be used lawfully, which is made for lawlesse and dissobedient Persons, &c. And for Lyars and Perjured Persons, and one that Writt concerning Courts in King Henry the Eights time, saith, Note that an Oath ought to have three Companions, Truth, Justice and Judgement; And if that be wanting, it is no Oath but Perjurie; and St. Paul saith, That the Law is made for offenders, for Lyers and perjured Persons; Perjury is called a great offence, whether in a procured Witness, or acted by one Personally in his own Case, when it shall be discovered and proved to be his owne Act, that by his own consent and agreement, he shall wilfully a d corru [...]ly in any Court of Chancery, or Court of Probates, &c. formerly called [Page 32] the Prerogative Court, or Spirituall Court, or in any of the other Courts formerly belonging to the Kings or Queens of Eng­land; All the Judges of England, 9. Ed. 4.53. did manifestly af­firme, That the Chancery, Kings Bench, Common Pleas, and Ex­chequer be all the Kings Courts, and have been time out of minde, and so that no man knoweth which of them is most auncient, used 19. Ed. 4.4. and Cookes Preface to the Eighth Re­port, practise of the High Court of Chancery, pag. 56. and choice Cases of Chancery. pag. 141. A Subpoena was awarded out of this Court, to Answer a Bill of Perjury, committed by the Defendant Goze, in swearing for the impotencie of the other Defendant, whereas he was not above 50 years old, and not able to travell, Griffeth plaintiff, ap Jenkin and Goze Defendants, Anno 21, 22. El [...]z. and are not the Courts now called His Highness Courts, the Lord Protect [...]r; The Chancery had a Soveraigne Power above [...]ll other Courts of Equitie, it being a Court of the distribution of the Kings own Conscience, and Bills are Exhibitted here in the vacancie of the Lord Keeper, or Chancellor to his own Roy­all Person, viz. To the Kings most Excellent Majestie, in His High Court of Chancery, Practice of Chancery unfoulded, pag. 35. and will you not suffer the distribution of His Highness Consci­ence, viz. OLIVER Lord Protector, the present Governour, whose Name you know all men are now to obey, to be distributed in His Highness High Court of Chancery, Perjury was fined, exa­mined and punnished, Transaactions of the the High Court of Chancery, pag. 156. 157. Perjury to be examined here, Halse con­tra Browne, notwithstanding the cause, was dismissed. 16. Eliz. fol. 401. Free-born contra leasure in Trin. 20. Jac. li. B. Mound. con­tra Culme, 40. pounds cost given for Perjury in Mich. 14. Car. in the j [...]dgement Roll, the 37. H, 8 between Baskervile and Guil­l [...]ams, set on the Pillory for procuring Perjury in the Spirituall Court; with divers others, not herein named, who were puni­shed by Chancery Power; And I hope, since we have such Presi­dents, when His Highness Conscience shall be distributed in His Court of Chancery, as it hath been in other Kings time, or Go­vernments, The Justices of other Courts of Westminster, have [Page 33] their Authority by Writt or Patient under the Great Seal of England, being the Seal of Chancery, which is Committed to the Lord Chancellour, or Keeper by the King, together with the distribution of his own Conscience; Thus have Kings promised to Govern Gods People, to maintain & defend their Persons, and their Goods, in Peace, by Rules of Law; and this hath His High­nesse the Lord Protector sworne to Govern by the Lawes, Sta­tutes and Customes of this Nation; seeking the Nations Peace, and causing Justice and Law to be equally Administred. This He signed December 16, 1653.


ANd this ought the peaceable People of the Three Nations to clayme and expect from His Highness, and to endeavor peaceably to obtain, and under this Protection of His Highness O. CROMWELL, declared Lord Protector, as abovesaid, I Claim and require the defence of my Person from violence, and inju­ry, and the Right, Title, Property, and Interest in my owne Goods and Estate, in Peace according to Gods Law, and the Rules of the Law of England, which comes neerest to Gods Law, from fraudulent concealment, and from false Judgement, for it is Written. Psal. 119.150.165. Great peace have they which love thy Law, and nothing shall offend them; but they that f [...]llow after mischief, are farr from 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. Presidents have only so much of Law, as they have of Justice; Ch. Just. Hub. 270. Those and Lawes are built upon Reason & Justice, Law and Justice are inseparable. We read in our Old Lawes, 1. Bract. l. 4. c. 4. In the time of the Danish Kings, right was buried in the Realme, the Lawes and Customes slept together in their time, saith Fleta, Judgement and Peace goe together, 1. c. 29. and it is a good Consequence) that [Page 34] 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, Lawes cannot be just, without they be certaine. It is the best Law sayes the Illustrious Viscount St. Albon. Aphorism 8. which leaves least to the Arbitrariness of the Judge, saith Fran­cis White the Authour thereof in his Preface, pag. 18. No man is assured, He shall either keep his Estate, or transmit it to Poste­rity, but by the Lawes, let the Inherritance be what it can be, there is more taken from the Lawes, which direct and fix the Discent, and wall it in, then from our Parents; The poorest ne­cessitated man, amidst the calamityes of this present life, who li­eth under Oppression and misery, even crush'd 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 & wholsom Sanction of the Lawes, 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 my self in spirit to Jeovah the Great Law-giver, 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 Governour of the Three Nations, and ought to be God's Minister for our good, for Rulers are not a terrour for good Works, but for evill. Rom. 13.1, 2, 3, 4. and to His Highness Conscience distributed, in His Highness Courts; and in time, I hope to see Englands Lawes, Statutes and Customes maintained, and Justice and Law equally administred, and all false Judgements rectified, and Judges punished, and the abusive Practise in His Highness Courts reformed, for the Peoples tran­quillity and Peace.

And so prayeth the Pen-man hereof, N. B.

❧ 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 Proceedings 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 vertue of a Pattent from the late King a gaine for Inrollment, the six Clerks, and the Three Masters of the Petty Bagge; they also demanded great Fees by colour of a Pattent or Charter from the late King, and the Examiners Office, demanded also by colour of a Pattent from the late King; saith the said Authour, 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 Pattents from the King, extort monies from the People as these now doe, 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 Clerke, 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, then what is contained in the Table annexed, &c. And every such Offence shalbe, 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 [Page 36] dissabled to beare any Office of Trust or P [...]fit in the Com­mon Wealth; you may herein see that the [...]u [...]poe [...] Officers have submitted to the said Ordinance, and the table [...]f Fees thereun­to annexed, least they should loose their severall 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 then 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 Administring the said Oath to him, that he may distribute a good Conscience to the Peoples re­lief in Equitie and Justice, that his face may appear as an Angel of God;

So prayes Captain, N. B

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