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<DATE>2008-03-19</DATE>
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<NAME>Emma Leeson Huber</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P><HI>An Appeal from</HI> CHANCERY, To the Lord General and his Councel of Officers, As al&s;o to the Councel of State, And to all Free-born Engli&s;h men of hone&s;t hearts, who have not forfeited their Liberty, or captivated their Rea&s;on, but fear and love the Name of God, and the intere&s;t of all hone&s;t men, who de&s;ire to lay down their lives to promote righteou&s;ne&s;s, and to do wi&s;ely by ju&s;tice, and judgment, and equity; that Chri&s;ts kingdom may be advanced, and the kingdom of Satan, with Antichri&s;t, and that of the Bea&s;t, may be thrown down, with all their cove|tous, per&s;ecuting, lying, partial, extorting, bribing, perjured Officers, Mini&s;ters, and Attendants, either that have been corrupt Parliament-men, Committee-men, Judges, &s;uch who are in places of Judicature, Ju&s;tices, Lawyers, called Coun|&s;ellors, or concealers of our Law, and Regi&s;ters or Clerks, with every corrupt Member thereof, by any name or title what&s;oever di&s;tingui&s;hed, in <HI>England,</HI> or in places, called Innes of Court, or the devil's School of Sophi&s;ticating and Lying, Frauds and Hypocri&s;ies, which bring forth a generation of Vipers, which de&s;troy and eat up the Commonwealth their mother; Wolves in &s;heeps clothing, which devour the Lambs of Je&s;us Chri&s;t: or tho&s;e in places of Government in Cities, Ports, Guild-halls, Companies, Corporations, or Fraternities, who u&s;urp Au|thority over Engli&s;h-men, and that becau&s;e they are in place or places over them, they combine al&s;o with this Serpentine brood, and tyrannize over their brethren which never yet brake their tru&s;t, as the mo&s;t of the&s;e have done, and that becau&s;e they will not &s;acrifice to this devil of unrighteou&s;ne&s;s, or follow this Antichri&s;t, or receive this Bea&s;ts mark in their foreheads and right hands, to do unrighteou&s;ly, and to deceive, and defraud, and oppre&s;s their brethren, and to undo them, as the&s;e experimentally many of them are found and known to do, for filthy lucre &s;ake.</P>
<Q>Enter not into the way of the wicked, and walk not in the way of evil men: avoid it, and go not by it: turn from it, and pa&s;s by. </Q>
<BIBL>Prov. 4.14,15.</BIBL>
<Q>For they cannot &s;leep, except they have done evil; and their &s;leep departeth from them, except they cau&s;e &s;ome to fall. For they eat the bread of wickedne&s;s, and drink the wine of violence. </Q>
<BIBL>Prov. 4.16,17.</BIBL>
<Q>Wo unto him that buildeth his hou&s;e by unrighteou&s;ne&s;s, and his chambers by wrong, <HI>or</HI> without equity. </Q>
<BIBL>Jer. 22.13.</BIBL>
<Q>Thou &s;halt not defraud thy neighbour, neither rob him. Ye &s;hall do no unrighteou&s;ne&s;s in judgement: thou &s;halt not re&s;pect the per&s;on of the poor, nor honour the per&s;on of the mighty: but in righteou&s;ne&s;s &s;halt thou judge thy neighbour. </Q>
<BIBL>Levit. 22.13,15.</BIBL>
<Q>Shalt thou reign, <HI>thinke&s;t thou,</HI> becau&s;e thou clo&s;e&s;t thy &s;elf in cedar? Did not thy father eat and drink, and pro&s;per, when he executed judgement and ju&s;tice, or as long as he dealt with equity and righteou&s;ne&s;s? yea, when he helped the oppre&s;&s;ed and poor to their right, then pro&s;pered he well. But thine eyes and thy heart are onely for thy covet|ou&s;ne&s;s, and to &s;hed innocent blood, and for oppre&s;&s;ion, or violence and de&s;truction. </Q>
<BIBL>Jer. 22.15,16,17. as &s;everal Tran&s;lations &s;et it forth or read it.</BIBL>
<P>Printed at <HI>London,</HI> the next month after <HI>Englands</HI> Parliament was di&s;&s;olved for their corruptne&s;s, 1653. to intreat all others to be warned thereby, to act righteou&s;ly: and are to be &s;old by <HI>Will: Larnar,</HI> at the Blackmoors head neer Fleet-bridge.</P>
</DIV1>
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<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>The APPEAL OF Capt. <HI>Nathanael Burt.</HI></HEAD>
<P>_RIght Honourable Con&s;ervators, and all you hone&s;t Officers and Souldiers in the Army, who profe&s;s to fear and love the Name of God, and promi&s;e pro|tection and a&s;&s;i&s;tance to tho&s;e who walk with peace|able &s;pirits, and in Gods fear and love; Since that you have in a great mea&s;ure, for their &s;akes, and for righteou&s;ne&s;s &s;ake, taken your lives in your hands to do this great work you have done, in the di&s;&s;olving or nulling of the late Parlia|ment; which by the corruption of &s;ome, the jealou&s;ie of others, the negligence and non-attendancie of many, mo&s;t per&s;picuou&s;ly evident to you, as al&s;o to the hone&s;t people of this Nation, &s;o that you both found and held it your duty incumbent, as to &s;ecure both the Cau&s;e which the good people of this Commonwealth had been &s;o long engaged in, and to e&s;tabli&s;h righteou&s;ne&s;s and peace in the&s;e Nations, as your Declaration &s;etteth forth, &s;igned at <HI>White-hall, April</HI> 22. 1653.</P>
<P>And you, my dear Country-men, Con&s;ervators for our Peace, and fellow-Commoners, who have noble and uncorrupt Engli&s;h blood running in your veins, that have not been corrupted by Fa|ction, Bribery, Extortion, Partiality, Treachery, Unfaithfulne&s;s, Fraudulencie, or Hypocri&s;ie, or fearfulne&s;s, to betray either the ho|ne&s;t Cau&s;e you took in hand and engaged in, or any of your own Liberties or Self-intere&s;ts, any of your brethrens Liberties and
<PB N="2" REF="3">
Rights, who were engaged and are engaged with you herein, as Engli&s;h men not onely born free, but have by Conque&s;t Hazard, Charge, and lo&s;s of trea&s;ure and blood obtained it, who have with the re&s;t of the Nation obtained it, of the like concernment with us, as well as by birth, and therefore you ought to prefer this Freedom which hath co&s;t &s;o dear to the Nation, at a high rate or e&s;teem, and not to be &s;upplanted therein by any fal&s;e brothers &s;ugge&s;tions, in&s;inuations, or per&s;wa&s;ions, but to pre&s;s forwards towards the &s;et|ling of the Nations, be you Souldiers now under pre&s;ent com|mand, (or otherwi&s;e) that &s;o the Law (&s;uch of it as is ami&s;s) may be reformed, and Ju&s;tice may be impartially admini&s;tred to all, as God commands, without re&s;pect of per&s;ons, <HI>Levit.</HI>19.15. that &s;o righteou&s;ne&s;s and peace may dwell among us and God may de|light and dwell in us. For Chri&s;t faith of his Father, <HI>Joh.</HI>8.29. <HI>And he that &s;ent me, is with me: the Father hath not left me alone; for I do always tho&s;e things that plea&s;e him.</HI></P>
<P>I remember, tho&s;e who u&s;urped a Parliamentary power over us, when they cau&s;ed Money to be coyned, they gave this In&s;cription about it, <HI>GOD WITH &V;S.</HI> Now, as <HI>Azariah</HI> told <HI>A&s;a,</HI> and <HI>Jndah</HI> and <HI>Benjamin, The Lord is with you, while ye be with him; and if ye &s;eek him, he will be found of you: but if ye for &s;ake him, he will for &s;ake you,</HI> 2 Chron.15.12.1 <HI>Chron.</HI> 29.9. For, (as <HI>David</HI> taught <HI>Solomon) the Lord &s;earcheth all hearts, and under &s;tandeth all the imaginations of thoughts.</HI> Seeing now the&s;e will be granted for truth, it makes me &s;tand a|mazed at our late Parliaments Act, they made for a day of pub|lick Fa&s;ting and Humiliation, <HI>September</HI> the fir&s;t 1652. to be ob&s;erved <HI>October</HI> the 13. 1652. The fir&s;t clau&s;e whereof begin|eth thus <HI>viz. VVhereas the mo&s;t wi&s;e God, who&s;e Iudge|ments are un&s;earchable, and waies pa&s;t finding out; hath by his over-ruling providence made a breach upon that Amity (which the Parliament hath in all &s;incerity laboured to con|&s;erve) between this Commonwealth, and the united Pro|vinces.</HI> But &s;o &s;ure as the Lord &s;earcheth all hearts, &s;o he under|&s;tood the imagination of their thoughts; and &s;ince they are di&s;|&s;olved and put an end unto, as faith the Declaration of the Ge|neral and his Officers, <HI>April</HI> 22. 1653, I &s;hall leave a&s;per&s;ing of
<PB N="3" REF="3">
them and leave the words to &s;ober judgements, whether they were bla&s;phemy again&s;t God, or no: they &s;etting the &s;incerity of their hearts as it were above God, to &s;ave the &s;pilling of blood, and charge it upon God, and al&s;o the breach of the Amity: when the Apo&s;tle St. <HI>James</HI> faith. Chap.3.17. 18. <HI>The wi&s;dome that is from above is fir&s;t pure then peaceable, gentle, ea&s;ie to be in|treated, full of mercy, and good fruits, without judging, and without hypocri&s;ie. And the fuit of righteou&s;ne&s;s is &s;own in peace, of them that make peace.</HI> But ob&s;erve the noble General, and the Souldery in their Declaration, &s;ay, page 6. <HI>We have been nece&s;&s;itated (though with much reluctancy) to put an end to this Parliament which yet we have done, we hope, out of an hone&s;t heart, preferring this cau&s;e above our names lives, families, or intere&s;ts how dear &s;oever, with clear intentions and real purpo&s;es of heart, to call to the government Per&s;ons of approv|ed &s;idelity and hone&s;ty, believing that as none will expect to gather grapes of Thorns; &s;o no good men will hope, that if per|&s;ons &s;o qualified be cho&s;en, the fruits of a ju&s;t and righteous re|formation, &s;o long prayed and wi&s;hed for, will by the ble&s;&s;ing of God be in due time obtained.</HI> Wherefore my dear and hone&s;t Brethren, truly hone&s;t Engli&s;h men let us minde our time, for to reform not altogether the Law, which next unto Gods Law is &s;a|cred much of it; but the abu&s;ive mercenary lying Lawyers, and their dependants, who are diabolical and corrupt the mo&s;t of them &s;carcely being Chri&s;tians; who like the &s;ons of <HI>Zeruiah</HI> are to &s;trong for us, and our liberties, utilleties, rights, and profits yea to the dayly impri&s;oning of us again&s;t Law and Engli&s;h right, li|berty, and Freedome, many times to the de&s;truction of our lives as well as our e&s;tates and inheritages, by fraudes forgeries, perjuries, extortions, briberies, fal&s;e returnes by Sheriffs and Bayliffs, or Se|condaries, fal&s;e and partial reports by Ma&s;ters of Chancery, fal&s;e orders by Councellers, Regi&s;ters, and Clarkes, in&s;erted either for bribery, &s;elf-ends, partiality, or by combination, to uphold their friends in their diabolical and antichri&s;tian kingdome, and to de|&s;troy the innocent, and quit the guilty, as by my late Newyears-Gift more fully &s;et forth, and that colourably by motions, both pri|vate and publick, by informations, Petitions, fal&s; &s;ugge&s;tions, demur|rings,
<PB N="4" REF="4">
which are but denying, lyings both to bills, and in an&s;wer|ings thereunto to choak the truth, yea calling truth a lye (or a &s;lander) if it be again&s;t a man in place, as a Ju&s;tice of Peace, an Al|derman , a Ju&s;tice of Peace his Clarke, if it be again&s;t a Sheriff or his Varlet (vulgarly called a Serjant of the Compters) or any of the Sheriffs Officers, or the Clarke of the Peace, or the Jaylers the Sheriffs Deputy, yea could the hangman the Sheriffs deputy deal unju&s;tly, he &s;hould not want a lying mercenary Lawyer, or concealer of the Law, or &s;erpentine &s;oliciter, or partial Parliament|man that was, or a Ma&s;ter of the Chancery, to &s;olicit plead, or re|port for him or his ma&s;ters, being in place of power or profits, pre|tending &s;uch are &s;candalized; al&s;o you have the&s;e corruptions in Guildhalls and in Corporations and Fraternities of men, which &s;hould be honourable, ju&s;t and true with their Officers and Clerks, and attendants.</P>
<P>Therefore my dear and hone&s;t brethren (if you will avoid <HI>Eng|lands</HI> confu&s;ion and therein your own) a&s;&s;i&s;t the honorable Ge|neral, and his Councel of Officers in your prayers, and the Coun|cel of State again&s;t all the&s;e corruptions, and corrupt lying Law|yers and Officers; and chat by chu&s;ing per&s;ons &s;o qualified into all places for future, as may bring forth the ble&s;&s;ed fruit of a ju&s;t re|formation in righteou&s;ne&s;s, to the refre&s;hing of all the good hearts who have been panting after tho&s;e things. As the Declaration at White Hall <HI>April</HI> 22, 1653. <HI>pag.</HI> 9. expre&s;&s;es: and delay you not to do it, &s;ince the&s;e noble and hone&s;t &s;ouldiers have begun; le&s;t you by your negligence and cowardi&s;e, betray both them again, and your &s;elves and po&s;terity; and are forced to take up <HI>Davids</HI> lamentation, 2 <HI>Sam.</HI> 2. concerning <HI>Joabs</HI> malice, and treachery to <HI>Abner,</HI> and therein to <HI>David,</HI> and to the peoples un&s;ettelment, wherein <HI>David</HI> complaineth, <HI>I am this day weak, and but newly apointed</HI>; (or the people all agreed about the government) <HI>and <GAP DESC="illegible" RESP="OXF" EXTENT="4 letters">men the &s;ons of Zeruiah, be too hard for me</HI>: the Lord <GAP DESC="illegible" RESP="OXF" EXTENT="1 word"> the doer of evil according to his wickedne&s;s.</P>
<P><GAP DESC="illegible" RESP="OXF" EXTENT="1 word"> fore I do appeal unto all hone&s;t and faithful <HI>Engli&s;hmen,</HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1 span"> not forfeited their liberty and freedome, whether of the <GAP DESC="illegible" RESP="OXF" EXTENT="1 span">, to be faithful, active, and tru&s;ty herein; and <GAP DESC="illegible" RESP="OXF" EXTENT="1 span"> work which is already begun, for the &s;ettelment of
<PB N="5" REF="4">
the Nations, in peace and righteou&s;ne&s;s, carefully to watch the &s;ons of unrighteo&s;ne&s;s and corruption; enemies to our &s;ettlement, concealers of <HI>Engli&s;h</HI> Law, and traytors to our peace and li|berty, freedome and profits, and in time to expunge them out of place and power; but for the corrupt lyers which call them&s;elves Lawyers but are not, by advice for ever to expunge them and their attendants who act and practi&s;e unrighteou&s;ly and illegally: yea. to extirpate them of all &s;orts that &s;o the Channel or Current of Law, and Ju&s;tice, may i&s;&s;ue, flow, or run, from or through &s;uch men, as may be men that are known to be &s;uch men, as fear God, and hate covetou&s;ne&s;s, partiality, gifts or bribery, extortions frauds, fal&s;e returns, di&s;&s;entions, fal&s;e entries or regi&s;terings, lyings &s;ugge&s;t|ings, demurrings, which are but denyings or deceits, or delayings: For as <HI>David</HI> &s;aid. 2 <HI>Sam.</HI> 23.2,3. <HI>The Spirit of the Lord &s;pake by me, and the &s;trength of I&s;rael &s;aid, Thou &s;halt bear rule over men, being ju&s;t, and ruling in the fear of God.</HI></P>
<P>Now all unrighteou&s;ne&s;s, lying and partiality is diabolical, An|ti-chri&s;tian, and a tran&s;gre&s;&s;ion both of the law of God, and man: for if ye fulfil the royal law according to the Scripture, thou &s;halt love thy neighbor as thy &s;elf: But if you have re&s;pect to per&s;ons, ye commit &s;in, and are convinced of the Law as tran&s;gre&s;&s;ors, <HI>Iames</HI> 2.8.9.</P>
<P>Now when the Lawyers, (for the Law which is good and e|quitable to all without re&s;pect of per&s;ons, rendering to every one their due) &s;hall delude the Courts by fal&s;e &s;ugge&s;tions, not render|ing the ca&s;e right in their motions, on purpo&s;e to take advantage again&s;t the other party, by informing the Judges in Court with a lye; by which means both Ju&s;tice and Law is perverted, and the Judges abu&s;ed, who are &s;worn to do true judgment when they come to their places; according as God commanded <HI>I&s;rael, Deut.</HI> 16. 18, 19, 20. <HI>Judges and Officers &s;hall thou make thee, &amp;c. and they &s;hall judg the people with righteous judgment.</HI></P>
<P>Now how can the Judg or Judges judge the people righteou&s;ly, when the Councellor both concealeth the law from the peo|ple, and the truth of the matter from the Judg, or Judges; inform|eth by his motion or motions, he being &s;econded by another Law|yer, or lyar, like him&s;elf, fal&s;ly of the cau&s;e, and matter depending?
<PB N="6" REF="5">
how can it be but that the Law &s;hould be wre&s;ted, the&s;e mercenary Lawyers having taken rewards, to blinde the Judges eyes; contrary to the command, <HI>Exod.</HI>23.1,7,8.Thou &s;halt not receive a fal&s; tale or report, and I know none abounds in this abomination like that place, called the high Court of Chancery; Thou &s;halt keep thee far from a fal&s;e matter, thou &s;halt not &s;lay the innocent and the righteous, thou &s;halt take no gift, for the gift blindeth the wife, and perverteth the words of the righteous; doth not this I pray good people concern the Councellors, Ma&s;ters of Chancery, &s;ix Clerks, Regi&s;ters, and all inferior officers, and &s;olicitors, as really as the Lords Commi&s;&s;ioners, who are the Judges of that Court. or the Ma&s;ter of the Rolls? to the&s;e and all other in Judicature, I may &s;ay as <HI>Habakkuk</HI>1.3.4. We are full of &s;poiling and violence, and there are that rai&s;e up &s;trife and contention. Therefore the law is di&s;&s;olved, and judgment never goeth forth, for the wicked doth compa&s;&s;e about the righteous, therefore wrong judgment procee|deth.</P>
<P>And thus comes their oaths to be forgotten, that they &s;hould admini&s;ter ju&s;tice truely and duly; and al&s;o that ju&s;tice &s;hall not be &s;old, or delayed, or denyed to any, <HI>Magna Charta, cap.</HI> 29. Or as one <HI>Frances White</HI> repeates it, in his book termed for the &s;acred Law, <HI>pag.</HI> 171. <HI>We &s;ell no man, nor deny or delay no man ju&s;tice and right</HI>; I would I could &s;ay &s;o now in our dayes. The Law is &s;till the &s;ame, and ought to be in force, although the corrupt Parliament be di&s;&s;olved; I hope I may not &s;ay England is un-Par|liamented for ever, &s;ince Captain General <HI>Oliver Crumwel</HI> in his Declaration on <HI>April</HI> the la&s;t 1653, promi&s;eth men of fidelity and hone&s;ty &s;hall be called from &s;everal parts of this Common|wealth, to the Supream Authority, as in the Declaration <HI>April</HI> 22, al&s;o was promi&s;ed, and as <HI>Oliver Crumwel</HI> commands all men to give obedience unto the Laws of the Nation; &s;o he al&s;o promi&s;eth endeavors &s;hall be u&s;ed, that no oppre&s;&s;ion or wrong be done to the people: It is a maxime in Law, (as <HI>Markham</HI> &s;aith,) <HI>The Law alwayes e&s;chewes delayes.</HI></P>
<P>The Barons of the Exchequer are commanded to do right to all men without delay; 22. H. 6.40.<HI>a. v.</HI> 2. C.25. Stat. <HI>Glou.</HI> C.2. They are &s;worn to do it, 20. E. 3. C. 2. 28. E. 1. C. 10.4. <HI>In&s;t.</HI> 109. One would believe they were &s;worn to deal ju&s;tly and tru|ly
<PB N="7" REF="5">
in the Chancery al&s;o, and to give every man his right without delay: why then have &s;ome men been &s;uing therein fourteen years and better and are no nearer their right, then when they fir&s;t began? and now againe, as new to learne what to do as before; their Clerks and inferiour Officers being &s;o lockt up and re&s;erved, that in that Court there is no certaine rule of proceedings; but new Motions and new Petitions, begets new order upon order, re&s;traint upon re&s;traint, delay upon delay, report upon report (as well fal&s;e as true) to the undoing of the poore&s;t &s;ort of people, or ma|jor part that have occa&s;ion therein to claim equity and right (as though they had new Ma&s;ters of Chancery) and all other Offi|cers and Mini&s;ters &s;ettled every Term, or every feal-day, wherein motions are made to procure new orders, or lying demurrers argu|ed, which indeed are but a &s;ophi&s;ticating denyall to a Bill, and a clear deceit or delay, on purpo&s;e to vex the party that &s;ueth, and to over-rule him when they plea&s;e, and by charges of Fees to his Councellers, or rewards, or gifts, who &s;eem to plead, but betray him, or el&s;e they &s;hall leave off the Argument, and &s;uffer him to be over-ruled, and over-powred, on purpo&s;e to beget new motions, new orders, new rewards, new fees, it being that which mak|eth them rich upon the peoples ruines, even many times both Plaintiff and Defendant, where they be of equality, without an admini&s;trator, is for di&s;covery of e&s;tate nece&s;&s;itated to &s;ue many, and they great men or in place reputed great, or of &s;ome Halls, or Cor|porations, whether City or otherwi&s;e; then it may be, it is the un|doing onely of the Admini&s;trator, and the other are &s;aved whole, by the Hall-&s;tock, or City-&s;tock, or favour of the Court; and the Plaintiff may not be &s;uffered to plead, or have liberty to &s;peak, becau&s;e it is again&s;t the Lawyers profits, rewards, gifts, fees, and this more e&s;pecially denied in the Court of Chancery; which one would thinke a Freeborn Engli&s;h-man &s;hould have the equalle&s;t re&s;pect in, it being termed a Court of equity and con&s;cience. But I am afraid, they being &s;et &s;o high, have followed that corrupt A&s;&s;embly lately called a Parliament &s;o clo&s;e at the heels, that if they &s;tep not &s;peedily backward by repentance, they having made crooked paths as well as the Parliament: &s;o that they have no con&s;cience, no equity in their doings, as you may read in <HI>I&s;aiah,</HI>
<PB N="8" REF="6">
chap. 59. &s;o that though we do, and have looked for equity (yet there is none) <HI>Judgement is turned backward, and truth is fallen in the &s;treet, and equity cannot enter, and be that re|fraineth maketh him&s;elf a prey.</HI></P>
<P>Wherefore Judges and Lawyers, be advi&s;ed by <HI>Jeremiah,</HI> chapter 7. tru&s;t not in lying words, but amend and redre&s;s your wayes; and your works, and execute judgement between a man and his neighbour; left you al&s;o and your complices be compared as they were of old, to a den of Thieves, and are &s;uddenly di&s;&s;olved as the Parliament was: For as <HI>David</HI> faith, <HI>P&s;alm.</HI>94. <HI>Hath the throne of iniquity fellow&s;hip with tho&s;e which forgeth wrong for a Law, or frameth mi&s;chiefe for a Law, and gather them&s;elves again&s;t the &s;oul of the righteous, and condemn the innocent? God will recompence them in their own malice, the Lord our God &s;hall de&s;troy them. For the Lord abhorreth the&s;e &s;even things: the haughty eyes, a lying tongue, hands that &s;hed innocent blood, a heart that imagineth wicked interpri&s;es, feet that be &s;wift in running to mi&s;chief a fal&s;e witne&s;s that &s;peak|eth lies, and him that rai&s;eth contentions among Brethren,</HI> Prov.6.16,17,18,19.</P>
<P>Now you cannot be ignorant being Lawyers, and in place, that ju&s;tice is a con&s;tant and perpetual will of rendering unto every one their due, and that the knowledge of the Law is both divine and humane, and a &s;cience di&s;tingui&s;hing what is ju&s;t, what unju&s;t and the precepts of the Law teacheth to live hone&s;tly, to do no injury to any one, and to render every one their due. The fir&s;t book of the in&s;titutions of the Laws of <HI>England,</HI> Tit. 1. pag. 1 (Ob&s;erve) It was the Parliaments delayes di&s;&s;olved them, or cau&s;ed it; De|claration of the 22 <HI>April.</HI> 1653. His Excellency and Officers de|&s;ired by many to move the Parliament, to reform what was a mi&s;s in Government, and to &s;ettle the Commonwealth upon a foun|dation of ju&s;tice and righteou&s;ne&s;s, pag. 6. and they delayed it, being by them Petitioned thereunto, and grew aver&s;e with much bitterne&s;s; &s;ee that it be not &s;o with you Lawyers and others that are in places of power, and profits; doubtle&s;s though there were as cun|ning Lawyers among them as is among you. yet it could not help them; I rather believe it ha&s;tened their di&s;&s;olution. Be herein ad|vi&s;ed
<PB N="9" REF="6">
you <HI>Guildhalls,</HI> and Corporations, or Fraternities incor|porated, and you which call your &s;elves Governours therein and thereof, who are in Office and are aver&s;e therein for your brethrens good. Have you not learned this aver&s;ion and bitterne&s;s of this corrupt fountain, the <HI>quondam</HI> Parliament, to perpetuate your own fittings, as the corrupt Parliament did before you, and as they en|deavouring to perpetuate them&s;elves en&s;laved the Nation, as our fellow-&s;ouldiers Remon&s;trance from <HI>Scotland</HI> relates, p. 4. and we by experience have found it both from them and you, who by perpetuating your &s;elves, en&s;lave your brethren, and tyrannize over their per&s;ons and e&s;tates? But (believe it) our day of Redemption groweth neer, and the bud of our Liberty beginneth to appear; and as both Monarchy and the Parliament are di&s;&s;olved, &s;o are the great <HI>Diana</HI>'s or Idols your Charters, which you boa&s;t of and tru&s;t in, fallen, and &s;o will you, and your power you u&s;urp and exerci&s;e thereby; &s;ince the makers thereof are di&s;&s;olved, the thing made with or by them mu&s;t cea&s;e, &s;ince both &s;ucce&s;&s;ion faileth, as well as the predece&s;&s;or that granted it, as your &s;elves well know, and pro|claimed it down in all Cities, Ports, and Corporated Towns, and yet you will adore and &s;et up the Idol-Deed-Patent, Grant, or Charter of tho&s;e dead, conquered, nulled, di&s;&s;olved, or (if living, yet) not to de owned, &s;erved, obeyed by Engli&s;h-men: &s;o that &s;ince the lively character of Succe&s;&s;ion is dead to this Commonwealth, (and it is Trea&s;on again&s;t the Commonwealth to acknowledge any other) then I pray what are all your Grants and Charters worth you &s;o love, honour, idolize, and tyrannize by? Wherefore you in places of Government and Power, in Cities, Ports, corporated Towns, and Guild-Halls, and other Halls, and Corporated Frater|nities, weep and howl, for the&s;e your Idols are fallen, by which you have made your &s;elves rich, and have corrupted your &s;elves. See what <HI>James</HI> advi&s;eth, <HI>Ch.</HI> 5.1. to 9. and repent of the cries of your brethren which are come up again&s;t you; and <HI>behold, the Judge &s;tandeth before the door.</HI> Wherefore I intreat you all to repent, and to walk humbly, and glory in nothing but this, To under&s;tand and know God the Lord, which exerci&s;eth and is delighted in mer|cy or loving kindne&s;s, judgement and righteou&s;ne&s;s, <HI>Jer.</HI> 9.23. that &s;o your, brethren may live by you in peace, and not be any
<PB N="10" REF="7">
longer oppre&s;&s;ed, defrauded, de&s;troyed. Yet tru&s;t, my dear bre|thren, in <HI>Jacob</HI>'s God, and not in man, in whom there is no help; who&s;e breath goeth forth, and he returneth to the earth: for <HI>it is better to tru&s;t in the Lord, then to put confidence in man: Da|vid</HI> knew it in all his troubles: yea, he knew <HI>it is better to tru&s;t the Lord then to put confidence in Princes,</HI> P&s;al.11.8.8,9.Then, I pray if there is no help in man, nor tru&s;t in Princes, <HI>P&s;al.</HI>146. 3,4 5 6 7 9. what tru&s;t can be in the Grants or Charters of dead Kings, and yet none to be given to the per&s;ons of living Princes? But happie is he that hath the God of <HI>Jacob</HI> for his help and hope, which keepeth the truth for ever.</P>
<P>O remember this, you Judges, Ju&s;tices, Commi&s;&s;ioners, Ma&s;ters of the Chancery, you that call your &s;elves Lawyers but are Lyers; Coun&s;ellors at Law, but are Concealers of our Law; and all your Viperous and Serpentine brood; Know, that God which keepeth truth for ever, loo&s;eth the Pri&s;oners, giveth food to the hungry, ex|ecuteth judgement for the oppre&s;&s;ed, loveth the righteous, rai&s;eth them that are bowed down, openeth the eyes of the blinde, pre|&s;erveth the &s;trangers, he relieyeth the fatherle&s;s and the widow: but the way of the wicked he turneth up&s;ide down.</P>
<P>Reader, here followeth the Petition to the quondam-Speakers Sir <HI>John Lenthals</HI> brother; but as he is Ma&s;ter of the Rolls, which is the fir&s;t part of my appeal to the Souldery, for then there was no other vi&s;ible power &s;etled, for the people who are the Common|wealth, and his order thereunto, to di&s;mi&s;s my Bill then in Chan|cery, to which I &s;till &s;tand; becau&s;e I paid the co&s;ts to Mr. <HI>Web,</HI> a party in the behalfe of the re&s;t of the combinators or his compli|ces; and here followeth the Order &s;ince made , which provoked my Petition to the General and councel of State, the pre&s;ent &s;etled tru&s;t for the people, to declare and manife&s;t the abu&s;es of the Chan|cery and Rolls proceedings for filthy lucre &s;ake, to betray and un|do the people of the Common-wealth, my dear Country-men, for who&s;e &s;ake I have pre&s;ented the&s;e lines for their pre&s;ervation, to whom next unto my Maker, I hold (as I ever did) my &s;elf obliged, and &s;hall to procure the good of the publick; though I know for this I &s;hall be cen&s;ured abundantly of abundance of men, there
<PB N="11" REF="7">
being by computation in <HI>England</HI> and <HI>Wales,</HI> of Lawyers Solici|tors, Clarks and their dependents, about &s;ix &s;core thou&s;and; be&s;ides the multitude of Office is di&s;covered herein in <HI>Guild halls</HI> and all o|ther Corporated Companies and places; which may &s;eem to be offended hereby, their wickedne&s;s being rebuked, like that of the Lawyers mentioned <HI>Luk.</HI> 11. 45. for their hypocritical formali|ties and ravening wickedne&s;s: <HI>Then an&s;wered one of the Law|yers and &s;aid unto him, Ma&s;ter, thus &s;aying thou putte&s;t us to rebuke al&s;o. But he &s;aid Woe be to you Lawyers who lay grie|vious burdens upon the people, and take away the key of know|ledg from them</HI> &amp;c.</P>
<P>And he reproves the proud <HI>Phari&s;ees,</HI> men in place as Alder|men &amp; others, for their formality and devouring widows hou&s;es, &amp; &s;ince the great fraud by imbezling the Orphans e&s;tates in <HI>Guild|hall London</HI> is in Print di&s;covered, which one would think were for the value thereof incredible (if not printed) to relate; for which, doubtle&s;s God will be avenged, who is the Father of fatherle&s;s, where you defeated Orphans put your tru&s;t in him; he it is that relieveth the oppre&s;&s;ed, the fatherle&s;s and the widdow, which &s;hew|eth mercy, judgment and righteou&s;s in the earth, and is delighted therein.</P>
<P>The parable of the unrighteous Judge, mentioned by Chri&s;t, <HI>Luke</HI> 18. <HI>which neither feared God, or reverenecd man, yet when the widow demanded ju&s;tice of him again&s;t her adver&s;a|ry, he at the la&s;t &s;aid to him &s;elf, Becau&s;e this widdow tro&s;s|bleth me, I will do her right, le&s;t at the la&s;t &s;he come and make me weary</HI>: And it is beloived, that when he had done ju|&s;tice and right to her, he did not afterwards by Petition Motion, or Order, undo what he bid by her importunity done for her. Lords Commi&s;&s;ioners and Ma&s;ter of the Rolls, let your Chaplain or Chaplaines oft read this Go&s;pel to you, and let it be expounded to the mercenary lying Lawyers, and then let be read unto them both my Petitions, and a few of their regained and again regained Orders, either by Motions or Petitions or both at Court, the Tem|ple, or the Rolls; by which they have overturn'd, overturn'd, over|turn'd, Equity, or Ju&s;tice and Right.</P>
<P><PB N="12" REF="8">There being a Warrant &s;ent to me, under <HI>Nathanell Hu|barts</HI> hand, to &s;ummon me to a private hearing, my Law|yers being out of Town, to circumvent me, I having but 23 hours given thereby to appear, two dayes after writ this en&s;uing Letter, <HI>viz.</HI></P>
<LETTER>
<HEAD>A Letter &s;ent to the right Wor&s;hipful, <HI>NATHANAEL HUBART,</HI> One of the Ma&s;ters of the <HI>CHANCERY.</HI></HEAD>
<OPENER><SALUTE>Wor&s;hipful Sir,</SALUTE></OPENER>
<P>WHO are as a Doctor, or Ma&s;ter, and read in the Lawes of this our <HI>I&s;rael,</HI> our <HI>England,</HI> or ought to be; and therefore have &s;ent out your Warrant, being one of the honorable Court of <HI>Chancery,</HI> upon the Lords Commi&s;&s;ioners Or|der, upon <HI>Iohn Iretons</HI> Petition, <HI>E&s;quire</HI>; though your War|rant al&s;o name <HI>Andrew Riccards</HI> E&s;quire, yet as I told or decla|red ye&s;terday before you, <HI>Alderman Riccards</HI> never did Petition in the bu&s;ine&s;s; neither was he ever &s;ub-poena'd to an&s;wer to the Bil: Worthy Sir, I complained in <HI>Chancery,</HI> it being called a Court of equity, as a place I hoped I &s;hould be relieved in, under <HI>God</HI> that did e&s;tabli&s;h equity, and executed judgment and righteou&s;no&s;s in <HI>Iacob, P&s;al.</HI> 99. 4. <HI>Who is Lord of Lords, which regardeth not per&s;ons, nor taketh rewards,</HI> Deut. 10. 17. 1 Pet. 1. 17. Act. 10. 34. where I expected to finde men in the fear of the Lord, acting faithfully, executing not mans judgment, but the Lords judgment; as <HI>Jeho&s;ophat</HI> &s;aid to the Judges of <HI>I&s;rael,</HI> 2 <HI>Chron.</HI> 19. 6, 7, 9. which Law of God <HI>Mo&s;es</HI> had before
<PB N="13" REF="8">
commanded the <HI>I&s;raelites,</HI> Levit 19. 15. <HI>Ye &s;hall do no un|righteou&s;ne&s;s in judgment: Thou &s;halt not re&s;pect the per&s;on of the poor, nor honor the per&s;on of the mighty, but in righte|ou&s;ne&s;s &s;halt thou judge thy neighbor.</HI> I pray when <HI>Micah</HI> pro|phe&s;ied, and reproved the Heads of <HI>I&s;rael,</HI> were not they the Ma|gi&s;tracy thereof, and Governors, as Aldermen and Sheriffs, a&s;|wel as Prie&s;ts and Prophets? <HI>Micha.</HI> 3. 8, 9, 10, 11. yet he telleth them, <HI>that they abhor judgment, and pervert all equity,</HI> &amp;c. <HI>he being full of power of the Spirit of the Lord,</HI> Sir, I pray that I may finde in your Court, wi&s;edome, judgement and e|quity: That I may &s;ay, <HI>God is in this Court, or place,</HI> as <HI>Jacob</HI> &s;aid, Gen. 28. 16.</P>
<P>Sir, I pray ob&s;erve my ca&s;e, I being a &s;uitor, or plaintiff in your Court, being Admini&s;trator of or to my honored father decea&s;ed; complaining that divers, and &s;everal per&s;ons combining together, do conceal and detain much of the Inte&s;tates e&s;tate, and abu&s;ed him in his lifetime, and me &s;ince his death; and that this combination of theirs is by power and fraud carried on: and that Sheriff <HI>Ire|ton</HI> his Officers did, to delay and abu&s;e my father in his life time, and me &s;ince his death, make a fal&s;e return of a Latitat, by which we are by one <HI>Iames Ryton</HI> and <HI>Matthew Ma&s;on</HI> defrauded, of 100 pound in mony, and if not here in your Court of equity re|leived, for ever al&s;o &s;o like to be, and al&s;o of 2500 pound e&s;tate by others, as the bill declareth and &s;etteth forth, or thcreabeuts, and this is truth, and no lye, or &s;candal both to him and others.</P>
<P>Sir, I would not offend God, or the Law of the Land, which is my birthright, and which as my right I ought to have.</P>
<P>Sir, I ob&s;erve (among the choyce ca&s;es of the Chancery, <HI>Ar|nold</HI> plainti&s;t, and <HI>Roberts</HI> de&s;endant, <HI>Anno</HI> 19. 20 <HI>Eliz.</HI>) the then Sheriff was merced five pound for a fal&s;e return of an Attach|ment is your Court, in a book called the Practi&s;e of Chancery, <HI>pag.</HI> 124. and as yet I am delayed, and abu&s;ed, and demurred too, and can have little or no relief or right in any place, but &s;top|ped by Petitions, or abu&s;ed by fal&s;e Returns, or denyed Warrants upon Attachments from this Court, and bound up as my ad|ver&s;aries do plea&s;e in all places, yet I pay both Court, and Coun|cel-fees, but can not have ju&s;tice and right, or equity.</P>
<P><PB N="14" REF="9">Sir, this is the truth of my Ca&s;e, the God of truth knows: yet if my Bill be unplea&s;ing to Court, Rules, or per&s;ons, I &s;hall hum|bly intreat you not onely to expunge &s;uch things as are di&s;ta&s;tive, or as my adver&s;aries call &s;lander, to hinder me of my right, and thereby to &s;wallow and conceal the Inte&s;tates e&s;tate, and to per|vert the Law, which is good and equitable to all, (or ought to be) without re&s;pect of per&s;ons; but to be a means to di&s;mi&s;s my Bill, and then I &s;hall advi&s;e with Coun&s;el of this honourable Court, which are now out of Towne, when they &s;hall returne, to begin againe as &s;hall by Court be thought fit: and in the mean time I &s;hall pray the righteous God to e&s;tabli&s;h equi|ty and judgement in <HI>England,</HI> as formerly in <HI>Jacob</HI>; and &s;hall pray &s;uch rea&s;onable Co&s;ts as they in wi&s;dom and equity &s;hall ap|point or order in Court; I being an Admini&s;trator; and &s;hall pray for them and re&s;t thankful to you.</P>
<CLOSER><DATELINE>From my hou&s;e in windmill|Court between Chri&s;ts Ho|&s;pital and the lame Ho&s;pi|tal <DATE><HI>Mar.</HI> 11.1652.</DATE> <HI>London.</HI></DATELINE>
<SIGNED>Yours, Capt. <HI>Nathaniel Burt.</HI></SIGNED></CLOSER>
</LETTER>
<Q><TEXT>
<BODY>
<DIV1 TYPE="petition">
<HEAD>To the honourable <HI>William Lenthal,</HI> Ma&s;ter of the Rolls.</HEAD>
<HEAD TYPE="sub">The humble Petition of Capt. <HI>Nathanel Burt,</HI> Plain|tiff, again&s;t <HI>Thomas Starky,</HI> and <HI>Thomas Web, Fran|cis Da&s;hwood, Willaim Pea&s;e, William Kettle,</HI> of the Company of Sadlers, Defendants.</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your Petitioner exhibited a Bill in <HI>Michaelmas</HI>-Term la&s;t, again&s;t the Defendants and others, who combined toge|ther
<PB N="15" REF="9">
to conceal much of his decea&s;ed Fathers E&s;tate neer a 2500 l. in Money, Lea&s;es, and Morgages; he formerly being a member of the &s;aid Sadlers Company in his life, and in extream age dying inte&s;tate, and your Petitioner al&s;o a member of the Sadlers Com|pany; but by &s;erving in the Wars became e&s;tranged both from them, and his decea&s;ed Father; yet he being his elde&s;t &s;on, he be|came Admini&s;trator to his honoured Father being decea&s;ed, and is by the Court Chri&s;tian bound therein to give an account thereof ju&s;tly and truly. Now &s;o it is, may it plea&s;e your Honour, that according to his duty and right both to his decea&s;ed Father for|merly living, in who&s;e life time your Petitioner began to complain, and was by him then al&s;o authorized &s;o to do in &s;ome ca&s;es, and &s;ince his death as Admini&s;trator to his Father, which came to him by birthright, and divers of them would have hindred him therein, if they could, the better to have defrauded your Petitioner, and to have di&s;abled him to give accompt to Court Chri&s;tian, and to have &s;wallowed his decea&s;ed Fathers e&s;tate and &s;hared it among them&s;elves; your Petitioner having formerly both in his Fathers life time and &s;ince his death, petitioned them as a company of &s;ober and ju&s;t men, in whom &s;hould have dwelt peace and righte|ou&s;ne&s;s full &s;ix months for a fair and peaceable end, laying him&s;elf downe at their feet therein, and intreating for his right with|out going to Law after his Fathers decea&s;e as before, and that his Fathers lo&s;t Lea&s;es and Fine might be re&s;tored now to him he being Admini&s;trator, and all other Moneys and Mor|gages which were concealed and imbezelled from his &s;aid Fa|ther and your now Petitioner, as in the Bill is expre&s;&s;ed, whereby your Petitioner was forced to appeal into the Court of Chancery for equity, and yet by the unju&s;t and fal&s;e practi&s;es of &s;ome hath yet found wormwood and hemlock for judgement and equity; for he hath &s;een the Court and your Honour much abu&s;ed by mi&s;|informations, fal&s;e &s;ugge&s;tions, and Petitions to gain their wills to conceal former orders and proceedings, thereby to delay and undo your Petitioner; and he believes he can make it appear al&s;o byorders therein &s;urreptitiou&s;ly procured, in&s;inuated, or in&s;erted, entred and Regi&s;tred, one Order whereof they thus obtained of your Ho|our by a Petition, <HI>November</HI> 10. 1652. to delay your P<GAP DESC="illegible" RESP="OXF" EXTENT="6 letters">|ner
<PB N="16" REF="10">
from an an&s;wer as they had done 6 months before among&s;t them&s;elves, when by Petition and Letters he &s;ought them&s;elves as a Company of A&s;&s;i&s;tants in power for Peace, but they would not; yet &s;ince they have given him two of his lo&s;t lea&s;es again, and taken a new &s;ine of him, which is part of his &s;aid Bill; and &s;ince that your Petitioner taking out Attachments to cau&s;e them to an&s;wer in Hil|lary-Term la&s;t, they by Petition <HI>February</HI> 18. 1652. to your Honour fal&s;ly &s;ugge&s;t that your Petitioner was agreed with them, and &s;o got an Order to &s;top his Attachments, and as they had pro|mi&s;ed before in their fir&s;t Petition to an&s;wer to the Petitioners Bill; &s;o now they procured 14 days al&s;o, yet never payed the Attachment co&s;ts; and contrary to the ju&s;t and honourable rules of Court, which ought to be kept and ob&s;erved by all, and they have demur|red and not an&s;wered, on purpo&s;e to delay and vex by delatory ar|guing, and by multitudes of Fees and Charges to undoe your Pe|titioner, when they &s;hould have fairly an&s;werd to him therein by promi&s;es. Your Petitioner therefore humbly prayeth your Ho|nour, the truth hereof con&s;idered, that your Honour will be plea&s;ed to command them, as in equity they now ought, to give in their &s;eve|ral an&s;wers to the Collateral part of your Petitioners Bill, or el&s;e &s;o to order it, that your Petioners Bill may be di&s;mi&s;&s;ed with &s;uch rea|&s;onable co&s;ts as to your Honour &s;hall &s;eem meet, he being an Ad|mini&s;trator he, being like el&s;e by the fal&s;e practi&s;ings and delayes al|ready pa&s;t to be undone (therefore he prayeth al&s;o to be at liberty to prefer a new Bill) without he doth appeal to the General and his Councel of Officers of war herein for ju&s;tice and equity; if that by your Honour he be not herein re&s;erved, which if by you he &s;hall, <HI>viz.</HI></P>
<P>Your Petitioner and his, &s;hall ever pray for your Honour.</P>
<CLOSER><DATELINE><DATE>April the 29. 1653.</DATE></DATELINE>
<SIGNED>Capt. <HI>Nathanael Burt.</HI></SIGNED>
<POSTSCRIPT>
<OPENER><DATELINE><DATE><HI>April</HI> the 30. 1653.</DATE></DATELINE></OPENER>
<P> Let the Petitioners Bill be di&s;mi&s;&s;ed, with 20 s. co&s;ts, and he be at liberty to prefer a new Bill.</P>
<CLOSER><SIGNED>William Lenthal.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><PB N="17" REF="10">Readers of all &s;orts, ob&s;erve, after my Bill was di&s;mi&s;&s;ed, and the co&s;ts by my adver&s;aries received, they maliciou&s;ly again move the Court to have my Bill detained, becau&s;e they were not plea&s;ed with &s;mall co&s;ts; when I ought not to have paid any co&s;ts being an Admini&s;trator, as is recorded in <HI>Dixy</HI> and <HI>Wat&s;ons</HI> ca&s;e, he exhi|biting a Bill to di&s;cover <HI>A&s;&s;ets</HI> lately, and al&s;o they amerce the Sheriffs to bring in my body, 5 pound, at three &s;everal mens com|plaint; one of them being the varlet which made the Arre&s;t upon <HI>Iames Ryton</HI> for 100 pound, when I had the fal&s;e return made under Sheriff <HI>Ireton</HI> and believe &s;hall be defrauded thereby whol|ly thereof, which was part of my bill, and I have the Writ &s;o re|turned in my own cu&s;tody to prove the thing done, and the oath of <HI>Edward Miles</HI> in the Court, to prove the Arre&s;t, and the mony paid for doing of it, which <HI>Hur&s;t</HI> al&s;o received the half thereof from <HI>Miles</HI>'s hand, who was his Yeoman therein; yet <HI>Hur&s;t</HI> denys by demurrer upon oath, the Arre&s;t, the mony received, or any part of the Bill; and can this be any other then a deceit, yea a cheat? And &s;o doth Sheriff <HI>Ireton</HI> al&s;o deny it by demurrer, yet he was &s;poken with &s;everal times therein by my &s;elf, when the fal&s;e return was made, to delay and &s;poile me therein, and that by Mr. <HI>Ellis</HI> the City-Cryer, <HI>Ryton</HI> was cryed, and that by Sheriff <HI>Iretons</HI> knowledg, who was acquainted therewith both before it was done and afterwards by Mr. <HI>Ellis</HI> the Cryer; <HI>Iames Ryton</HI> the &s;econd merced the Sheriffs, and my fal&s;e brother <HI>Iohn Burt</HI> the third, who procured amercements again&s;t the Sheriffes, to bring in my body to an&s;wer to them and their Interrogatories, &amp; to <HI>Iretons</HI> Interroga|tories by mi&s;information to the Ma&s;ter of the <HI>Rolls,</HI> who had di&s;|mi&s;&s;ed my Bill, as appears in Court filed under his hand, <HI>April</HI> 30. 1653.</P>
<P>Yet again, by motion &s;even dayes after the Order being &s;erved, and co&s;ts payed, by a mi&s;information in the Rolls in Sheriff <HI>Iretons</HI> behalf to the Ma&s;ter of the Rolls, there is an Order in the Rigi&s;ters Office privately entered or in&s;inuated by a pretended motion, made by <HI>Iretons</HI> councel, therein that I &s;hould come in and be ex|amined in four dayes afterwards, or be &s;ent to the Fleet for my contempt; and I pray good people, Souldery and Councel of State, how could there be a contempt, when there was no Bill in Court,
<PB N="18" REF="11">
it being by the Ma&s;ter of the. Rolls di&s;mi&s;&s;ed, and the co&s;ts payed &s;ome dayes before; and upon the&s;e great abu&s;es, I took occa&s;ion to Petition the Captain General <HI>Crumwell,</HI> &amp;c. <HI>viz.</HI></P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="petition">
<HEAD>To his Excellency the Lord General <HI>Cromwel,</HI> and the Councel of State, for the pre&s;ent Govern|ment of this Common-wealth; Con&s;erva|tors for the peace thereof.</HEAD>
<HEAD TYPE="sub">The humble Petition of <HI>Capt.</HI> Nathanael Burt, again&s;t <HI>Thomas Web, Thomas Starky, William Pea&s;e, Francis Da&s;hwood, John Cox, William Kettle,</HI> of the Company of <HI>Sadlers</HI> of <HI>London,</HI> al&s;o their Clarke and many others of the &s;aid Combination and Confe|deracy,</HEAD>
<OPENER>Humbly &s;heweth,</OPENER>
<P>THat &s;uing the&s;e Combinators, in a place called the High Court of <HI>Chancery,</HI> which &s;hould be a place of equity, and con&s;cience, to ea&s;e and releive &s;uch who upon ju&s;t grounds &s;hould apply thereunto, for di&s;covery of Combinators, who fraudulently, conceal or imbezle either writings, or monyes, from per&s;ons impo|tent through extream age, or Admini&s;trators who &s;ucceed the for|mer dying inte&s;tate: that the&s;e per&s;ons named, and others not here named, but named in your petitioners Bill, by their &s;everal com|binations po&s;&s;e&s;&s;ed them&s;elves of, and concealed from your Petiti|oner of his deceased fathers e&s;tate, who dyed inte&s;tate, about 2500 pound in Mony, Lea&s;es and Morgages, which they yet detain a|gain&s;t the minde of the decea&s;ed inte&s;tate as in his life time was de|clared, and again&s;t the con&s;cience and equity ought to be in the high Court of <HI>Chancery,</HI> were they not partial and corrupt as the di&s;&s;olved Parliament: yea they do act this combination again&s;t your Petitioner, being a&s;&s;i&s;ted by the viperous mercenary lying
<PB N="19" REF="11">
Lawyers, and &s;erpentine Solicitors and Clarks, purpo&s;ely of co|vetou&s;ne&s;s and malice to de&s;troy your Petitioner who when he took out Letters of Admini&s;tration, gave &s;ecurity to Court Chri|&s;tian, to give in a ju&s;t and true account.</P>
<P>Your Petitioner al&s;o &s;heweth, that a again&s;t the&s;e combinating A&s;&s;i&s;tants above named, of the <HI>Sadlers</HI> Company of London, &s;ince his bill was preferred in <HI>Chancery,</HI> there &s;itting a Committee, of the late di&s;&s;olved Parliament to examine the frauds and oppre&s;&s;i|ons of Corporations, which was grown up therein, and to renew them, they being upon the old Patents, Grants, and Charters of <HI>Monarchy</HI> and their <HI>Succe&s;&s;ors,</HI> and &s;o fallen with them: that your Petitioner procured from the &s;aid Committee, three &s;everal Orders again&s;t the&s;e combinators <HI>Sadlers</HI> for their oppre&s;&s;ion and wrongs done to the whole commonalty, or brotherhood of <HI>Sad|lers,</HI> again&s;t them and their now pretended charter, wherein the <HI>Fraternity</HI> of working <HI>Sadlers</HI> are particularly intere&s;ted, and are proper heirs thereunto of right, if ever it be &s;ettled; and the means left by our ance&s;tors decea&s;ed, to releive &s;uch as &s;hould be in di&s;tre&s;s; though by the&s;e u&s;urpers abu&s;ed, oppre&s;&s;ed, wronged and injured a&s;well as your <HI>Petitioner</HI>: Which by a me&s;&s;enger to them belonging, was &s;erved upon them in all their height of jollity, to cau&s;e them to an&s;wer to the &s;aid complaint, and to bring the forfeited dead Charters, by which they did oppre&s;s and wrong their fellow members of the &s;aid Society up to be examined and renew|ed; and al&s;o that they &s;hould bring away to the then honorable Committee their Books of accompts, and Book of Orders, that &s;o the oppre&s;&s;ions and abu&s;es might be under&s;tood, and the people ea&s;ed, and the corruptions reformed, and they &s;ettled as might be&s;t con&s;uit then with that pre&s;ent Government; but the&s;e corrupt A&s;&s;i&s;tants of <HI>Sadlers</HI> fearing the trial or examination herein. cor|rupted &s;ome thereunto belonging, and never left with them, or their Councel appointed therein, the grand Charter, but a latine Coppy, or the Books of accompts at all: and to coole your <HI>Peti|tioner</HI> a while in the pro&s;ecution thereof, &s;ent to your <HI>Petitioner.</HI> and gave him two of his fathers detained Lea&s;es, which in <HI>Chan|cery</HI> he complained to be fraudulently detained and concealed from your <HI>Petitioner,</HI> and took a new fine of your <HI>Petitioner,</HI> &s;o
<PB N="21" REF="12">
that his Father had lo&s;t both his lea&s;es and al&s;o his Fine, which if the book of accompts had been examined, would plainly have made it appear, as they well knew; yet unju&s;tly and unrighteou&s;ly they will not an&s;wer in the Chancery, but &s;ordidly &s;till conceal the Collateral part of the BiH, though the&s;e lea&s;es was part thereof, and by combination of Lawyers, demur to him therein, which is but a denial on purpo&s;e to delay and vex your Petitioner, yea to de&s;troy him; whereupon your Petitioner by order from the Ma|&s;ter of the Rolls procured a di&s;mi&s;&s;ion of his owne Bill, and paid <HI>Thomas Web</HI> 20 s. co&s;ts in the behalf of him&s;elf and of the re&s;t therein concerned, <HI>May</HI> 2. 1653. yet would the&s;e combinators and Lawyers &s;till detain the &s;aid Bill in Court, the better to have their ravenous wills &s;atisfied, to de&s;troy your Petitioner by charge or impri&s;onment, even out-daring Ju&s;tice, Law, or Equity.</P>
<P>Your di&s;tre&s;&s;ed Petitioner laying claim to the promi&s;es made by your Excellency, in both your Declarations, 22 and 30 of <HI>April</HI> 1653, that &s;uch endeavours &s;hould be u&s;ed, that no oppo&s;ition or wrong &s;hould be done to the people by any that exerci&s;e Admini&s;tration of Ju&s;tice by the Laws of the Nation, humbly imploreth your Honours to be re&s;cued out of the mouths of the roaring Lyons and Bears, who el&s;e would break the bones of your Petitioner; who being Ad|mini&s;trator, did but &s;ue for the di&s;covery of a concealed e|&s;tate, and in con&s;cience &amp; equity ought rather to be cheri&s;h|ed by them then de&s;troyed, yea eaten up, which they &s;ome of them have threatned, and their practi&s;es do make good the &s;ame; which promi&s;es declared, if performed, will &s;et you as mount <HI>Sion</HI> for e&s;tabli&s;hment, and work the hearts of the people to prai&s;e God for you; and your peri&s;hing Petitioner if herein relieved, the&s;e acting again&s;t Ju&s;tice and equity, yea the Law of the Nation, &s;hall for you be inlarged towards God. <HI>And he and his &s;hall ever pray,</HI> &amp;c.</P>
<CLOSER><DATELINE><DATE>May <HI>the</HI> 16. 1653.</DATE></DATELINE>
<SIGNED>Nathanael Burt.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>The Lord Generals Order to me when he came out of the Councel was, that I &s;hould attend the Councel for Order of this Petition.</P>
<P><PB N="20" REF="12">Being (as in the Petition is declared) encouraged by the promi&s;es of the Souldiery in their Declarations mentioned, &s;o al&s;o calling to minde the Letter from the General meeting of the Officers of the Army, <HI>Jan.</HI> 18. 1652. to &s;tir up all their fellow-&s;ouldiers to a&s;&s;i&s;t them to help the people of this Nation; who through corruption are &s;ubject to grievous oppre&s;&s;ions through the ob&s;truction of Ju&s;tice of which they were generally and &s;trongly convinced it was their duty to awaken them&s;elves for the procuring and preventing many ap|parent inconveniences; as fir&s;t, faithful men, fearing God, hating covetou&s;ne&s;s, may be cho&s;en into the intere&s;t of the Common|wealth. Secondly, that the Laws may be regulated in &s;uch &s;ort that what is good in them may be maintained, and the corruptions, abu&s;es, delays, vexations, unnece&s;&s;ary travels and expences, and what&s;oever &s;hall be found really burden&s;ome and grievous to the people, may be taken away.</P>
<P>Then behold, as you have di&s;&s;olved the corrupt Parliament, who voted, unvoted, and abu&s;ed, vexed, and delayed the people of <HI>Eng|land,</HI> and hardned others by the&s;e practi&s;ings to do the like: as <HI>Ecclus</HI> faith, Chap. 10. 2. <HI>As the Judge of the people is him|&s;elf, &s;o are his Officers; and what manner of man the Ruler of the city is, &s;uch are they that dwell therein.</HI> And as the Ma&s;ter of the Rolls and Lords Commi&s;&s;ioners do, and the Chancery hath been known to do for the memory of man mo&s;t abu&s;ively, as well as other Courts &s;ometimes, but not &s;o frequently as the Chancery or Rolls. Lend us al&s;o your a&s;&s;i&s;tances and all faithful Engli&s;h|men &s;tand by them and one another, to open the&s;e Cages of birds who are become ravenous, and their hou&s;es full of deceit; there|fore they are become great, and waxen rich; they &s;hine, and are waxen fat; yea, they &s;urpa&s;s the deeds of the wicked, <HI>Jer.</HI> 5. 26, 27, 28. Thus as there were wicked men found in <HI>I&s;rael,</HI> who did &s;et inares and traps to catch men is it not &s;o now in <HI>England</HI>? and as they judged not the cau&s;e of the fatherle&s;s, or the right of the needy, is not the &s;ame cry among&s;t us at this day? which the Offi|cers of the Army be convinced of, that tho&s;e in the Army and el&s;e|where have not &s;o improved their intere&s;t one to another as they ought, the Lord having done great things for us of <HI>England,</HI> as their Letter of <HI>Jan.</HI> 28. 1652. &s;ets forth, might &s;ay to us, <HI>I&s;ai.</HI>
<PB N="22" REF="13">
as he did to his Vineyard; <HI>And he looked for judgement, but behold oppre&s;&s;ion; for righteou&s;ne&s;s, but behold a cry</HI>: and this you &s;ee is not long &s;ince the Officers of the Army printed it, and that they have made &s;ome progre&s;s again&s;t Oppre&s;&s;ors and un|righteous men &s;ince. A&s;&s;i&s;t them therefore, dear Country-men, Engli&s;h-men, and let us not by jealou&s;ies grieve the hearts and weaken the hands one of another, to the de&s;truction of our Liber|ty, Freedom and Peace, as by the &s;aid Letter they ob&s;erve. But let us keep our &s;elves clo&s;e to God, and let us implore him &s;o to act in them, that their hearts may be kept faithful as <HI>Mo&s;es,</HI> who when he was to lead the <HI>I&s;raelites</HI> out of Egypt, would not leave a hoofe in bondage; that &s;o the Lords work being begun, who turneth the way of the wicked up&s;ide down. <HI>P&s;al.</HI> 147. 8, 9. but rai&s;eth them that are bowed down, and loveth the righteous. Wherefore honour faithful ones, and abandon the&s;e Schools, yea aboli&s;h them Schools called the Innes of Court, who&s;e Scholars plead taunts, lyes and &s;ophi&s;tications, for Law, like to their father the devil, by which their brethren are murthered, and their families undone. For as our honoured faithful brother Colonel <HI>Pride</HI> formerly predicted, as in my <HI>New-yeers-gift,</HI> pag. 11. is &s;et forth, <HI>That it would never be well with England until that mercena|ry Lawyers Gowns were hung up by the Scoti&s;h Trophies.</HI> The&s;e, my brethren, and their attendants, de&s;troy <HI>Englands</HI> Common|wealth, and are of the Bea&s;t, and of Antichri&s;t, and of the devil. That Lawyers, called Secular Judges, proceeded from Romi&s;h Clergie-men, yea all Lawyers were anciently of the Clergie; no Clerk but he was a Lawyer, faith <HI>Malmsbury,</HI> in <HI>William</HI> the &s;e|cond's time; they were the fir&s;t Lawyers in <HI>England,</HI> or among&s;t them, for time and for their knowledge and manners &s;ent to <HI>Rome,</HI> &s;ome of them being then Councellors to Abbots, had &s;haven crowns, were Arch-deacons; and mo&s;t of the Lawyers then held Church-livings.</P>
<P>Now, my brethren, ye may &s;ee how Tythes (the great Robbery) hath come to be maintained. And a Monk in <HI>Henry</HI> the third's time is called the Kings &s;pecial Coun&s;ellor and Clerk, faith the ob|&s;erver, as much as the Atturney-General &s;ince.</P>
<P>But I admire how <HI>Edmund Prideaux,</HI> formerly the great Let|ter
<PB N="23" REF="13">
convoyer, to rook the people of 6 d. in the &s;hilling, as their quarrelling printed Papers make it appear, doth call him&s;elf Attur|ney-General, and comes to the Bar, and moveth as Atturney-Gene|ral for the people, and yet &s;tands charged with Articles of High Trea&s;on, and hath done above a yeer, which is filed in the Capital Office again&s;t him, and others, for acting traitorou&s;ly again&s;t the Commonwealths peace, which is the peace of the people, and a|gain&s;t Engli&s;h Law, and that he is not by the people called to the Bar to be convicted thereof as our enemy, and ought to be, or el&s;e by Law acquitted, and his complices: for as M. <HI>Cook</HI> &s;aid concer|ning the late Kings tryal, <HI>That mercy to the wicked is cruelty to the good,</HI> and he was a Coun&s;ellor of <HI>Grays-Inne,</HI> employed by the State, which could not be unknown to M. <HI>Prideaux,</HI> but &s;ince gone for <HI>Ireland.</HI> But fellow-&s;ouldiers, as you have promi&s;ed us in your Letter, and in the Declarations, you mu&s;t help us again&s;t the&s;e de&s;troyers of us and ours, and you al&s;o, if they can. The Bi|&s;hops (by the con&s;ent of mo&s;t) were voted out, for that they were Antichri&s;tian, and al&s;o de&s;tructive to the Engli&s;h Liberty, peace, utility, and freedom, and all their Pontifical Robes, Orders, and Garbs: yet &s;ee, the Secular Judges wear the ancient habit of the Eccle&s;ia&s;ticks, becau&s;e fir&s;t it was u&s;ed by the Eccle&s;ia&s;ticks, who have been Clerks, Ju&s;tices, Keepers of the Great Seal, Wardens of the Kingdom, Trea&s;urers of <HI>England,</HI> Ma&s;ters of the Rolls, yea Ju&s;tices of <HI>Eyre</HI> and of A&s;&s;ize; yea &s;ome of the&s;e, as <HI>Hugh</HI> of <HI>Pa&s;htul</HI> Clerk, made Ju&s;tice of <HI>England</HI> by <HI>Henry</HI> the third.</P>
<P>Thus you &s;ee Popi&s;h Tythes, and Popi&s;h Holy-days, and Popi&s;h Habits or Ve&s;tures &s;till maintained in all Courts, in &s;ight of the Scoti&s;h Banners, where you may finde Popi&s;h Antichri&s;tian cu&s;toms and manners. The Clerks who &s;uch Writs dictate, write, &s;igne, and give coun&s;el, they were re&s;trained by Pope <HI>Innocent</HI> the fourth his Decretals to a&s;&s;ume Church-dignities: &s;ince then the multitude of Clerks ran to the hearing of the Secular Laws. Hence it is that the ancient Habit of the Secular Judges was the &s;ame (and yet is) with that of the Eccle&s;ia&s;ticks; as <HI>Francis White,</HI> who printed a book for the &s;acred Law of the Land, expre&s;&s;eth, in the 291, 292, 293. for which he cites D. <HI>Wats glo&s;&s;. ad Pari&s;.</HI> faith <HI>William</HI> of <HI>Bu&s;&s;ey,</HI> Sene&s;chal and chief Councellor to <HI>William</HI> of <HI>Valentia,</HI>
<PB N="24" REF="14">
would have loo&s;ed (&s;ays the &s;ame Monk, meaning <HI>John Man&s;el,</HI> in <HI>Henry</HI> the third's time) the &s;tays of his Coyf to &s;hew his Clerk|ly ton&s;ure, his &s;haven crown.</P>
<P>Therefore as in <HI>I&s;rael</HI>'s time when the Law of truth was found in the Prie&s;ts mouth, and no iniquity in his lips, in peace and equity he walked to God, and turned many from iniquity; but &s;ince went out of the way, and cau&s;ed many to fall by the Law, and kept not Gods ways, but became partial in the Law; therefore God made them to be de&s;pi&s;ed and vile before all the people, <HI>Mal.</HI> 2.6,7,8,9. &s;ince the Prie&s;ts lips &s;hould have pre&s;erved knowledge. And hath not our Clergy (in our remembrance) been in as great places, and honour, and have come to be de&s;pi&s;ed, for being par|tial, and cau&s;ing many to fall by the Law; and are they not gone and de&s;pi&s;ed, and &s;ince that the King gone and de&s;pi&s;ed for being partial in the Law? and cau&s;ing many to fall by the &s;word, whom the Law would have pre&s;erved? And &s;ince is not the Parliament not onely purged but di&s;&s;olved? for that if ever any had known the Law, or if ever any walked in the truth before God in peace and equity, they &s;hould, and not corruptly and par|tially gone contrary to truth, peace, and law, and equity; and by their evil example encouraged others &s;o to do, to provoke <HI>Eng|lands</HI> mi&s;ery, and cau&s;e them&s;elves to become de&s;pi&s;ed and vile in the eyes of all the people, and their fellow Committee-men and their Children to be de&s;pi&s;ed; which they have and will finde, as &s;ure as we have &s;een the Scripture mentioned fulfilled. Wherefore <HI>London,</HI> let the prophe&s;ie of <HI>Ninevehs</HI> fall or ruine be thy warn|ing, <HI>Nahum.</HI>3.1,9. <HI>Wo to the bloody City, which is full of lies and Robery</HI>; and know, as Solomon faith, <HI>Prov.</HI>21.3,7. <HI>To do ju&s;tice and judgement is more acceptable to the Lord then &s;acrifice, and that the robbery of the wicked &s;hall de&s;troy them; for that they have refu&s;ed to execute judgement.</HI> And all you corporated Companies, know that you are exhorted to accept of this warning, as you are Citizens concerned with your Ma&s;ters and Officers, left you come al&s;o to be di&s;&s;olved and de&s;pi&s;ed; but e&s;pecially you of the Sadlers, who have been &s;ought by Petitions and Letters for peace &s;ake, but made &s;tiffe your necks again&s;t it; take you among the re&s;t notice, that this Babylon of covetou&s;ne&s;s,
<PB N="25" REF="14">
oppre&s;&s;ion, defraude, and partiality, and hypocri&s;ie is not falling, but fallen, for becau&s;e of the multitude of the fornications, of the harlots as the Prophet <HI>Nahum</HI> expre&s;&s;eth it, who is beauti|ful, and a mi&s;tre&s;s of witchcraft, and &s;elleth the people through her whoredoms, and the Nations through her witchcrafts, which <HI>Rev.</HI> 18.2. to the 19 ver&s;e, may fitly be applied, cried by the Angel: <HI>And he cried out mightily, &s;aying, It is fallen, it is fallen. Ba|bylon that great city, and is become the habitation of devils, and the hold of all &s;oul &s;pirits, and a cage of every unclean and hateful bird. For all nations have drunk of the wine of the wrath of her fornication, and the kings of the earth have com|mitted fornication with her; and the merchants of the earth are waxed rich of the abundance of her plea&s;ures. And the kings of the earth &s;hall bewail her, and lament for her, which have committed fornication, and lived in plea&s;ure with her, when they &s;hall &s;ee the &s;moke of that her burning; and &s;hall &s;tand afar off, for fear of her torments, &s;aying, Alas, alas that great city Babylon, that mighty city: for in one hour is thy judgement come. And the merchants of the earth &s;hall weep and wail over her: for no man buyeth their ware any more. The merchants of the&s;e things which were waxed rich, &s;hall &s;tand afar from her, for fear of her torment, weeping and wail|ing, and &s;aying, Alas, alas, that great city that was clothed in fine linen, and purple and &s;carlet and gilded with gold, and pre|cious &s;tones, and pearls. And every &s;hip-ma&s;ter, and all the peo|ple that occupie &s;hips, and &s;hip-men, &amp; who&s;oever traffick on the &s;ea, when they &s;ee the &s;moke of that her burning, &s;hall &s;ay, What city was like unto this great city! And &s;hall ca&s;t du&s;t on their heads, and cry, weeping and wailing, and &s;ay, Alas, alas, that great city, wherein were made rich all that had &s;hips on the &s;ea, by her co&s;tline&s;s: for in one hour is &s;he made de&s;olate. Who is wife, and he &s;hall under&s;tand the&s;e things; prudent, and he &s;hall know them; as was &s;aid concerning the de&s;truction of Sa|maria,</HI> Ho&s;. 14,10. for, <HI>the ways of the Lord are righteous, and the ju&s;t &s;hall walk in them; but the wicked &s;hall fall therein.</HI> And &s;ince you Secular Judges retain not only the Habit of that Ba|byloni&s;h Strumpet, but much of her Popi&s;h impudence of cu&s;toms and manners; I will cho&s;e up this appeal, &amp; prote&s;t again&s;t Anichri|&s;tian Babyloni&s;h Eccle&s;ia&s;tick brats &amp; merchants of <HI>England,</HI> who
<PB N="26" REF="15" MS="y">
are rich made through the abundance of her delicacies, and that are clothed in fine linen and purple, and &s;carlet, and decked with gold, precious &s;tones, and pearls, with <HI>P&s;al,</HI>2. <HI>Let not the heathen rage, or the people murmure: Be wi&s;e now therefore, ye kings; be learned, ye judges of the earth; &s;erve the Lord in fear and re|joyce in trembling. Ki&s;s the Son, le&s;t he be angry, and ye peri&s;h in the way: when his wrath &s;hall &s;uddenly burn, ble&s;&s;ed are all that tru&s;t in him.</HI></P>
<DIV2 TYPE="postscript">
<HEAD>Po&s;t&s;cript.</HEAD>
<P>SHould I have further &s;tirred in this puddle of iniquity, and have &s;et downe the partial report made for <HI>Hur&s;t</HI> and <HI>Ireton,</HI> and the Affidavit recorded by <HI>Edw. Miles,</HI> which &s;poyls them both, and the &s;everal Orders upon their &s;everal Motions, and Petitions, and Mi&s;-informations, entred in&s;inuated and in&s;erted, they would have edified but little: and &s;uch who know Chancery-proceedings, know the lying and lucrous ends and drifts of &s;uch Motions, Mi&s;-informations, and Orders, and Reorderings. But I humbly intreat Sheriff <HI>Underwood</HI> and his Partner, in time to con&s;ider of the malitious dealing of <HI>John Hur&s;t,</HI> who dur&s;t betray his Ma&s;ters into a|mercements, again&s;t Law or Equity, my Bill being di&s;mi&s;&s;ed, and co&s;ts paid &s;ome dayes before, above a week before <HI>Hur&s;t</HI> amerceth his Ma&s;ters, yea 10. dayes, and a di&s;mi&s;&s;ion inrolled is not to be altered, it being a fi|nal &s;entence of the Court, as you may read in a book called the practice of the high Court of Chancery unfolded, printed 1652. page 25.</P>
<P>Let all men be hereby advi&s;ed, who have any E&s;tate, to &s;ettle it, and that &s;urely, that &s;o trouble may be avoided, and their Children may be provi|ded for, and not &s;trangers and lying Lawyers filled with their E&s;tates or in|crea&s;e, they eating up the Childrens bread. In the book named before, page 29.</P>
<P>The Coun&s;el that mi&s;-informs the Court in his motions, or moves, not informing the former Order in the cau&s;e, hath had his order &s;o mi&s;gotten thereby vacated, and co&s;ts awarded to be paid by him&s;elf or his Clyent: by him&s;elf, if it lay in him to have informed him&s;elf better, or el&s;e by the Clyent, who mi&s;-informed his Coun&s;el; the Court being hereby much trou|bled, and the Suiters delayed, de&s;iring an end of their &s;uits, and not <HI>mo|vere</HI> and <HI>promovere</HI>: but apparant it is that &s;uch motions onely as tend to the end of the cau&s;e, and not to put it out of the way, are good for the &s;uiters and ea&s;e of the Court. Truth is &s;trong, and will prevail, believes</P>
<CLOSER><SIGNED>Yours Nathanael Burt.</SIGNED></CLOSER>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
