An Appeal from CHANCERY, To the Lord General and his council of Officers, As also to the council of State, And to all freeborn English men of honest hearts, who have not forfeited their Liberty, or captivated their Reason, but fear and love the Name of God, and the interest of all honest men, who desire to lay down their lives to promote righteousness, and to do wisely by justice, and judgement, and equity; that Christ's kingdom may be advanced, and the kingdom of Satan, with Antichrist, and that of the Beast, may be thrown down, with all their covetous, persecuting, lying, partial, extorting, bribing, perjured Officers, Ministers, and Attendants, either that have been corrupt Parliament-men, Committee-men, Judges, such who are in places of Judicature, Justices, Lawyers, called Counsellors, or concealers of our Law, and Registers or Clerks, with every corrupt Member thereof, by any name or title whatsoever distinguished, in England, or in places, called inns of Court, or the devil's School of Sophisticating and Lying, Frauds and Hypocrisies, which bring forth a generation of Vipers, which destroy and eat up the Commonwealth their mother; Wolves in sheep's clothing, which devour the Lambs of Jesus Christ: or those in places of Government in Cities, Ports, guildhalls, Companies, Corporations, or Fraternities, who usurp Authority over Englishmen, and that because they are in place or places over them, they combine also with this Serpentine brood, and tyrannize over their brethren which never yet broke their trust, as the most of these have done, and that because they will not sacrifice to this devil of unrighteousness, or follow this Antichrist, or receive this Beasts mark in their foreheads and right hands, to do unrighteously, and to deceive, and defraud, and oppress their brethren, and to undo them, as these experimentally many of them are found and known to do, for filthy lucre sake. 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 pass by. Prov. 4.14,15. For they cannot sleep, except they have done evil; and their sleep departeth from them, except they cause some to fall. For they eat the bread of wickedness, and drink the wine of violence. Prov. 4.16,17. woe unto him that buildeth his house by unrighteousness, and his chambers by wrong, or without equity. Jer. 22.13. Thou shalt not defraud thy neighbour, neither rob him. Ye shall do no unrighteousness in judgement: thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness shalt thou judge thy neighbour. Levit. 22.13,15. Shalt thou reign, thinkest thou, because thou closest thyself in cedar? Did not thy father eat and drink, and prosper, when he executed judgement and justice, or as long as he dealt with equity and righteousness? yea, when he helped the oppressed and poor to their right, than prospered he well. But thine eyes and thy heart are only for thy covetousness, and to shed innocent blood, and for oppression, or violence and destruction. Jer. 22.15,16,17. as several Translations set it forth or read it. Printed at London, the next month after England's Parliament was dissolved for their corruptness, 1653. to entreat all others to be warned thereby, to act righteously: and are to be sold by Will: Larnar, at the Blackmoors head near Fleet-bridge. The APPEAL OF Capt. Nathanael Burt. RIght Honourable Conservators, and all you honest Officers and soldiers in the Army, who profess to fear and love the Name of God, and promise protection and assistance to those who walk with peaceable spirits, and in God's fear and love; Since that you have in a great measure, for their sakes, and for righteousness sake, taken your lives in your hands to do this great work you have done, in the dissolving or nulling of the late Parliament; which by the corruption of some, the jealousy of others, the negligence and non-attendancy of many, most perspicuously evident to you, as also to the honest people of this Nation, so that you both found and held it your duty incumbent, as to secure both the Cause which the good people of this Commonwealth had been so long engaged in, and to establish righteousness and peace in these Nations, as your Declaration setteth forth, signed at Whitehall, April 22. 1653. And you, my dear countrymen, Conservators for our Peace, and fellow-Commoners, who have noble and uncorrupt English blood running in your veins, that have not been corrupted by Faction, Bribery, Extortion, Partiality, Treachery, Unfaithfulness, fraudulency, or hypocrisy, or fearfulness, to betray either the honest Cause you took in hand and engaged in, or any of your own Liberties or Self-interests, any of your brethren's Liberties and Rights, who were engaged and are engaged with you herein, as English men not only born free, but have by Conquest Hazard, Charge, and loss of treasure and blood obtained it, who have with the rest 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 cost so dear to the Nation, at a high rate or esteem, and not to be supplanted therein by any false brother's suggestions, insinuations, or persuasions, but to press forwards towards the settling of the Nations, be you soldiers now under present command, (or otherwise) that so the Law (such of it as is amiss) may be reformed, and Justice may be impartially administered to all, as God commands, without respect of persons, Levit. 19.15. that so righteousness and peace may dwell among us and God may delight and dwell in us. For Christ faith of his Father, Joh. 8.29. And he that sent me, is with me: the Father hath not left me alone; for I do always those things that please him. I remember, those who usurped a Parliamentary power over us, when they caused Money to be coined, they gave this Inscription about it, GOD WITH us. Now, as Azariah told Asa, and Jndah and Benjamin, The Lord is with you, while ye be with him; and if ye seek him, he will be found of you: but if ye for sake him, he will for sake you, 2 Chron. 15.12.1 Chron. 29.9. For, (as David taught Solomon) the Lord searcheth all hearts, and under standeth all the imaginations of thoughts. Seeing now these will be granted for truth, it makes me stand amazed at our late Parliaments Act, they made for a day of public Fasting and Humiliation, September the first 1652. to be observed October the 13. 1652. The first clause whereof beginneth thus viz. whereas the most wise God, whose judgements are unsearchable, and ways past finding out; hath by his overruling providence made a breach upon that Amity (which the Parliament hath in all sincerity laboured to conserve) between this Commonwealth, and the united Provinces. But so sure as the Lord searcheth all hearts, so he understood the imagination of their thoughts; and since they are dissolved and put an end unto, as faith the Declaration of the General and his Officers, April 22. 1653, I shall leave aspersing of them and leave the words to sober judgements, whether they were blasphemy against God, or no: they setting the sincerity of their hearts as it were above God, to save the spilling of blood, and charge it upon God, and also the breach of the Amity: when the Apostle St. James faith. Chap. 3.17. 18. The wisdom that is from above is first pure than peaceable, gentle, easy to be entreated, full of mercy, and good fruits, without judging, and without hypocrisy. And the fuit of righteousness is sown in peace, of them that make peace. But observe the noble General, and the Souldery in their Declaration, say, page 6. We have been necessitated (though with much reluctancy) to put an end to this Parliament which yet we have done, we hope, out of an honest heart, preferring this cause above our names lives, families, or interests how dear soever, with clear intentions and real purposes of heart, to call to the government Persons of approved sidelity and honesty, believing that as none will expect to gather grapes of Thorns; so no good men will hope, that if persons so qualified be chosen, the fruits of a just and righteous reformation, so long prayed and wished for, will by the blessing of God be in due time obtained. Wherefore my dear and honest Brethren, truly honest English men let us mind our time, for to reform not altogether the Law, which next unto God's Law is sacred much of it; but the abusive mercenary lying Lawyers, and their dependants, who are diabolical and corrupt the most of them scarcely being Christians; who like the sons of Zeruiah are to strong for us, and our liberties, utilities, rights, and profits yea to the daily imprisoning of us against Law and English right, liberty, and freedom, many times to the destruction of our lives as well as our estates and inheritages, by frauds forgeries, perjuries, extortions, briberies, false returns by Sheriffs and bailiffs, or Secondaries, false and partial reports by Masters of Chancery, false orders by councillors, Registers, and clerks, inserted either for bribery, self-ends, partiality, or by combination, to uphold their friends in their diabolical and antichristian kingdom, and to destroy the innocent, and quit the guilty, as by my late Newyears-Gift more fully set forth, and that colourably by motions, both private and public, by informations, Petitions, falls suggestions, demurrings, which are but denying, lyings both to bills, and in answerings thereunto to choke the truth, yea calling truth a lie (or a slander) if it be against a man in place, as a Justice of Peace, an Alderman, a Justice of Peace his clerk, if it be against a Sheriff or his Varlet (vulgarly called a sergeant of the Compters) or any of the Sheriffs Officers, or the clerk of the Peace, or the jailors the sheriff's Deputy, yea could the hangman the sheriff's deputy deal unjustly, he should not want a lying mercenary Lawyer, or concealer of the Law, or serpentine solicitor, or partial Parliament-man that was, or a Master of the Chancery, to solicit plead, or report for him or his masters, being in place of power or profits, pretending such are scandalised; also you have these corruptions in Guildhalls and in Corporations and Fraternities of men, which should be honourable, just and true with their Officers and Clerks, and attendants. Therefore my dear and honest brethren (if you will avoid England's confusion and therein your own) assist the honourable General, and his council of Officers in your prayers, and the council of State against all these corruptions, and corrupt lying Lawyers and Officers; and chat by choosing persons so qualified into all places for future, as may bring forth the blessed fruit of a just reformation in righteousness, to the refreshing of all the good hearts who have been panting after those things. As the Declaration at White Hall April 22, 1653. pag. 9 expresses: and delay you not to do it, since these noble and honest soldiers have begun; lest you by your negligence and cowardice, betray both them again, and yourselves and posterity; and are forced to take up David's lamentation, 2 Sam. 2. concerning Joab's malice, and treachery to Abner, and therein to David, and to the people's unsettelment, wherein David complaineth, I am this day weak, and but newly appointed; (or the people all agreed about the government) and ●●●●men the sons of Zeruiah, be too hard for me: the Lord 〈◊〉 the doer of evil according to his wickedness. 〈◊〉 fore I do appeal unto all honest and faithful Englishmen, 〈…〉 not forfeited their liberty and freedom, whether of the 〈…〉, to be faithful, active, and trusty herein; and 〈…〉 work which is already begun, for the settelment of the Nations, in peace and righteousness, carefully to watch the sons of unrighteosness and corruption; enemies to our settlement, concealers of English Law, and traitors to our peace and liberty, freedom and profits, and in time to expunge them out of place and power; but for the corrupt liars which call themselves Lawyers but are not, by advice for ever to expunge them and their attendants who act and practise unrighteously and illegally: yea. to extirpate them of all sorts that so the Channel or Current of Law, and Justice, may issue, flow, or run, from or through such men, as may be men that are known to be such men, as fear God, and hate covetousness, partiality, gifts or bribery, extortions frauds, false returns, dissensions, false entries or registerings, lyings suggestings, demurrings, which are but denyings or deceits, or delayings: For as David said. 2 Sam. 23.2,3. The Spirit of the Lord spoke by me, and the strength of Israel said, Thou shalt bear rule over men, being just, and ruling in the fear of God. Now all unrighteousness, lying and partiality is diabolical, Anti-christian, and a transgression both of the law of God, and man: for if ye fulfil the royal law according to the Scripture, thou shalt love thy neighbour as thyself: But if you have respect to persons, ye commit sin, and are convinced of the Law as transgressors, James 2.8.9. Now when the Lawyers, (for the Law which is good and equitable to all without respect of persons, rendering to every one their due) shall delude the Courts by false suggestions, not rendering the case right in their motions, on purpose to take advantage against the other party, by informing the Judges in Court with a lie; by which means both Justice and Law is perverted, and the Judges abused, who are sworn to do true judgement when they come to their places; according as God commanded Israel, Deut. 16. 18, 19, 20. Judges and Officers shall thou make thee, &c. and they shall judge the people with righteous judgement. Now how can the judge or Judges judge the people righteously, when the councillor both concealeth the law from the people, and the truth of the matter from the judge, or Judges; informeth by his motion or motions, he being seconded by another Lawyer, or liar, like himself, falsely of the cause, and matter depending? how can it be but that the Law should be wrested, these mercenary Lawyers having taken rewards, to blind the Judges eyes; contrary to the command, Exod. 23.1,7,8. Thou shalt not receive a false tale or report, and I know none abounds in this abomination like that place, called the high Court of Chancery; Thou shalt keep thee far from a false matter, thou shalt not slay the innocent and the righteous, thou shalt 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 councillors, Masters of Chancery, six Clerks, Registers, and all inferior officers, and solicitors, as really as the Lords Commissioners, who are the Judges of that Court. or the Master of the Rolls? to these and all other in Judicature, I may say as Habakkuk1. 3.4. We are full of spoiling and violence, and there are that raise up strife and contention. Therefore the law is dissolved, and judgement never goeth forth, for the wicked doth compass about the righteous, therefore wrong judgement proceedeth. And thus comes their oaths to be forgotten, that they should administer justice truly and duly; and also that justice shall not be sold, or delayed, or denied to any, Magna Charta, cap. 29. Or as one Frances White repeats it, in his book termed for the sacred Law, pag. 171. We sell no man, nor deny or delay no man justice and right; I would I could say so now in our days. The Law is still the same, and aught to be in force, although the corrupt Parliament be dissolved; I hope I may not say England is unparliamented for ever, since Captain General Oliver Crumwel in his Declaration on April the last 1653, promiseth men of fidelity and honesty shall be called from several parts of this commonwealth, to the supreme Authority, as in the Declaration April 22, also was promised, and as Oliver Crumwel commands all men to give obedience unto the Laws of the Nation; so he also promiseth endeavours shall be used, that no oppression or wrong be done to the people: It is a maxim in Law, (as Markham saith,) The Law always eschews delays. The Barons of the Exchequer are commanded to do right to all men without delay; 22. H. 6. 40.a. v. 2. C. 25. Stat. Glou. C. 2. They are sworn to do it, 20. E. 3. C. 2. 28. E. 1. C. 10.4. Inst. 109. One would believe they were sworn to deal justly and truly in the Chancery also, and to give every man his right without delay: why then have some men been suing therein fourteen years and better and are no nearer their right, than when they first began? and now again, as new to learn what to do as before; their Clerks and inferior Officers being so locked up and reserved, that in that Court there is no certain rule of proceedings; but new Motions and new Petitions, begets new order upon order, restraint upon restraint, delay upon delay, report upon report (as well false as true) to the undoing of the poorest sort of people, or major part that have occasion therein to claim equity and right (as though they had new Masters of Chancery) and all other Officers and Ministers settled every Term, or every feal-day, wherein motions are made to procure new orders, or lying demurrers argued, which indeed are but a sophisticating denial to a Bill, and a clear deceit or delay, on purpose to vex the party that sueth, and to overrule him when they please, and by charges of Fees to his councillors, or rewards, or gifts, who seem to plead, but betray him, or else they shall leave off the Argument, and suffer him to be overruled, and overpowered, on purpose to beget new motions, new orders, new rewards, new fees, it being that which maketh them rich upon the people's ruins, even many times both Plaintiff and Defendant, where they be of equality, without an administrator, is for discovery of estate necessitated to sue many, and they great men or in place reputed great, or of some Halls, or Corporations, whether City or otherwise; than it may be, it is the undoing only of the Administrator, and the other are saved whole, by the Hall-stock, or City-stock, or favour of the Court; and the Plaintiff may not be suffered to plead, or have liberty to speak, because it is against the lawyer's profits, rewards, gifts, fees, and this more especially denied in the Court of Chancery; which one would think a Freeborn Englishman should have the equalest respect in, it being termed a Court of equity and conscience. But I am afraid, they being set so high, have followed that corrupt Assembly lately called a Parliament so close at the heels, that if they step not speedily backward by repentance, they having made crooked paths as well as the Parliament: so that they have no conscience, no equity in their doings, as you may read in Isaiah, chap. 59 so that though we do, and have looked for equity (yet there is none) Judgement is turned backward, and truth is fallen in the street, and equity cannot enter, and be that refraineth maketh himself a prey. Wherefore Judges and Lawyers, be advised by Jeremiah, chapter 7. trust not in lying words, but amend and redress your ways; and your works, and execute judgement between a man and his neighbour; left you also and your complices be compared as they were of old, to a den of Thieves, and are suddenly dissolved as the Parliament was: For as David faith, Psalm. 94. Hath the throne of iniquity fellowship with those which forgeth wrong for a Law, or frameth mischief for a Law, and gather themselves against the soul of the righteous, and condemn the innocent? God will recompense them in their own malice, the Lord our God shall destroy them. For the Lord abhorreth these seven things: the haughty eyes, a lying tongue, hands that shed innocent blood, a heart that imagineth wicked interprises, feet that be swift in running to mischief a false witness that speaketh lies, and him that raiseth contentions among Brethren, Prov. 6.16,17,18,19. Now you cannot be ignorant being Lawyers, and in place, that justice is a constant and perpetual will of rendering unto every one their due, and that the knowledge of the Law is both divine and human, and a science distinguishing what is just, what unjust and the precepts of the Law teacheth to live honestly, to do no injury to any one, and to render every one their due. The first book of the institutions of the Laws of England, Tit. 1. pag. 1 (Observe) It was the Parliaments delays dissolved them, or caused it; Declaration of the 22 April. 1653. His Excellency and Officers desired by many to move the Parliament, to reform what was a miss in Government, and to settle the Commonwealth upon a foundation of justice and righteousness, pag. 6. and they delayed it, being by them Petitioned thereunto, and grew averse with much bitterness; see that it be not so with you Lawyers and others that are in places of power, and profits; doubtless though there were as cunning Lawyers among them as is among you. yet it could not help them; I rather believe it hastened their dissolution. Be herein advised you Guildhalls, and Corporations, or Fraternities incorporated, and you which call yourselves governors therein and thereof, who are in Office and are averse therein for your brethren's good. Have you not learned this aversion and bitterness of this corrupt fountain, the quondam Parliament, to perpetuate your own fittings, as the corrupt Parliament did before you, and as they endeavouring to perpetuate themselves enslaved the Nation, as our fellow-soldiers Remonstrance from Scotland relates, p. 4. and we by experience have found it both from them and you, who by perpetuating yourselves, enslave your brethren, and tyrannize over their persons and estates? But (believe it) our day of Redemption groweth near, and the bud of our Liberty beginneth to appear; and as both Monarchy and the Parliament are dissolved, so are the great Diana's or Idols your Charters, which you boast of and trust in, fallen, and so will you, and your power you usurp and exercise thereby; since the makers thereof are dissolved, the thing made with or by them must cease, since both succession faileth, as well as the predecessor that granted it, as yourselves well know, and proclaimed it down in all Cities, Ports, and Corporated Towns, and yet you will adore and set up the Idol-Deed-Patent, Grant, or Charter of those dead, conquered, nulled, dissolved, or (if living, yet) not to de owned, served, obeyed by Englishmen: so that since the lively character of Succession is dead to this Commonwealth, (and it is Treason against the Commonwealth to acknowledge any other) than I pray what are all your Grants and Charters worth you so love, honour, idolize, and tyrannize by? Wherefore you in places of Government and Power, in Cities, Ports, corporated Towns, and guildhalls, and other Halls, and Corporated Fraternities, weep and howl, for these your Idols are fallen, by which you have made yourselves rich, and have corrupted yourselves. See what James adviseth, Ch. 5.1. to 9 and repent of the cries of your brethren which are come up against you; and behold, the Judge standeth before the door. Wherefore I entreat you all to repent, and to walk humbly, and glory in nothing but this, To understand and know God the Lord, which exerciseth and is delighted in mercy or loving kindness, judgement and righteousness, Jer. 9.23. that so your, brethren may live by you in peace, and not be any longer oppressed, defrauded, destroyed. Yet trust, my dear brethren, in Jacob's God, and not in man, in whom there is no help; whose breath goeth forth, and he returneth to the earth: for it is better to trust in the Lord, then to put confidence in man: David knew it in all his troubles: yea, he knew it is better to trust the Lord then to put confidence in Princes, Psal. 11.8.8,9. Then, I pray if there is no help in man, nor trust in Princes, Psal. 146. 3,4 5 6 7 9 what trust can be in the Grants or Charters of dead Kings, and yet none to be given to the persons of living Princes? But happy is he that hath the God of Jacob for his help and hope, which keepeth the truth for ever. O remember this, you Judges, Justices, Commissioners, Masters of the Chancery, you that call yourselves Lawyers but are liars; Counsellors at Law, but are Concealers of our Law; and all your Viperous and Serpentine brood; Know, that God which keepeth truth for ever, loseth the Prisoners, giveth food to the hungry, executeth judgement for the oppressed, loveth the righteous, raiseth them that are bowed down, openeth the eyes of the blind, preserveth the strangers, he relieyeth the fatherless and the widow: but the way of the wicked he turneth upside down. Reader, here followeth the Petition to the quondam-Speakers Sir John Lenthals brother; but as he is Master of the Rolls, which is the first part of my appeal to the Souldery, for then there was no other visible power settled, for the people who are the commonwealth, and his order thereunto, to dismiss my Bill then in Chancery, to which I still stand; because I paid the costs to Mr. Web, a party in the behalf of the rest of the combinators or his complices; and here followeth the Order since made, which provoked my Petition to the General and council of State, the present settled trust for the people, to declare and manifest the abuses of the Chancery and Rolls proceedings for filthy lucre sake, to betray and undo the people of the commonwealth, my dear countrymen, for whose sake I have presented these lines for their preservation, to whom next unto my Maker, I hold (as I ever did) myself obliged, and shall to procure the good of the public; though I know for this I shall be censured abundantly of abundance of men, there being by computation in England and Wales, of lawyer's Solicitors, Clarks and their dependants, about six score thousand; besides the multitude of Office is discovered herein in Guild halls and all other Corporated Companies and places; which may seem to be offended hereby, their wickedness being rebuked, like that of the Lawyers mentioned Luk. 11. 45. for their hypocritical formalities and ravening wickedness: Then answered one of the Lawyers and said unto him, Master, thus saying thou puttest us to rebuke also. But he said Woe be to you Lawyers who lay grievious burdens upon the people, and take away the key of knowledge from them &c. And he reproves the proud Pharisees, men in place as Aldermen & others, for their formality and devouring widows houses, & since the great fraud by imbezling the orphan's estates in Guildhall London is in Print discovered, which one would think were for the value thereof incredible (if not printed) to relate; for which, doubtless God will be avenged, who is the Father of fatherless, where you defeated Orphans put your trust in him; he it is that relieveth the oppressed, the fatherless and the widow, which showeth mercy, judgement and righteous in the earth, and is delighted therein. The parable of the unrighteous Judge, mentioned by Christ, Luke 18. which neither feared God, or reverenecd man, yet when the widow demanded justice of him against her adversary, he at the last said to himself, Because this widow trossbleth me, I will do her right, lest at the last she come and make me weary: And it is beloived, that when he had done justice and right to her, he did not afterwards by Petition Motion, or Order, undo what he bid by her importunity done for her. Lord's Commissioners and Master of the Rolls, let your Chaplain or chaplains oft read this Gospel 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 Temple, or the Rolls; by which they have overturned, overturned, overturned, Equity, or Justice and Right. There being a Warrant sent to me, under Nathanell Hubarts hand, to summon me to a private hearing, my Lawyers being out of Town, to circumvent me, I having but 23 hours given thereby to appear, two days after writ this ensuing Letter, viz. A Letter sent to the right Worshipful, NATHANAEL HUBART, One of the Masters of the CHANCERY. Worshipful Sir, WHO are as a Doctor, or Master, and read in the laws of this our Israel, our England, or aught to be; and therefore have sent out your Warrant, being one of the honourable Court of Chancery, upon the Lord's Commissioners Order, upon John ireton's Petition, Esquire; though your Warrant also name Andrew Riccards Esquire, yet as I told or declared yesterday before you, Alderman Riccards never did Petition in the business; neither was he ever sub-poenaed to answer to the bill: Worthy Sir, I complained in Chancery, it being called a Court of equity, as a place I hoped I should be relieved in, under God that did establish equity, and executed judgement and righteousnoss in Jacob, Psal. 99 4. Who is Lord of Lords, which regardeth not persons, nor taketh rewards, Deut. 10. 17. 1 Pet. 1. 17. Act. 10. 34. where I expected to find men in the fear of the Lord, acting faithfully, executing not man's judgement, but the Lord's judgement; as Jehosophat said to the Judges of Israel, 2 Chron. 19 6, 7, 9 which Law of God Moses had before commanded the Israelites, Levit 19 15. Ye shall do no unrighteousness in judgement: Thou shalt not respect the person of the poor, nor honour the person of the mighty, but in righteousness shalt thou judge thy neighbour. I pray when Micah prophesied, and reproved the Heads of Israel, were not they the Magistracy thereof, and Governors, as Aldermen and Sheriffs, as welll as Priests and Prophets? Micha. 3. 8, 9, 10, 11. yet he telleth them, that they abhor judgement, and pervert all equity, &c. he being full of power of the Spirit of the Lord, Sir, I pray that I may find in your Court, wisdom, judgement and equity: That I may say, God is in this Court, or place, as Jacob said, Gen. 28. 16. Sir, I pray observe my case, I being a suitor, or plaintiff in your Court, being Administrator of or to my honoured father deceased; complaining that divers, and several persons combining together, do conceal and detain much of the Intestates estate, and abused him in his life-time, and me since his death; and that this combination of theirs is by power and fraud carried on: and that Sheriff Ireton his Officers did, to delay and abuse my father in his life time, and me since his death, make a false return of a Latitat, by which we are by one James Ryton and Matthew Mason defrauded, of 100 pound in money, and if not here in your Court of equity releived, for ever also so like to be, and also of 2500 pound estate by others, as the bill declareth and setteth forth, or thcreabeuts, and this is truth, and no lie, or scandal both to him and others. 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. Sir, I observe (among the choice cases of the Chancery, Arnold plaintist, and Robert's descendant, Anno 19 20 Eliz.) the than Sheriff was merced five pound for a false return of an Attachment is your Court, in a book called the practice of Chancery, pag. 124. and as yet I am delayed, and abused, and demurred too, and can have little or no relief or right in any place, but stopped by Petitions, or abused by false Returns, or denied Warrants upon Attachments from this Court, and bound up as my adversaries do please in all places, yet I pay both Court, and Councel-fees, but can not have justice and right, or equity. Sir, this is the truth of my Case, the God of truth knows: yet if my Bill be unpleasing to Court, Rules, or persons, I shall humbly entreat you not only to expunge such things as are distastive, or as my adversaries call slander, to hinder me of my right, and thereby to swallow and conceal the Intestates estate, and to pervert the Law, which is good and equitable to all, (or aught to be) without respect of persons; but to be a means to dismiss my Bill, and then I shall advise with Counsel of this honourable Court, which are now out of town, when they shall return, to begin again as shall by Court be thought fit: and in the mean time I shall pray the righteous God to establish equity and judgement in England, as formerly in Jacob; and shall pray such reasonable Costs as they in wisdom and equity shall appoint or order in Court; I being an Administrator; and shall pray for them and rest thankful to you. From my house in windmillCourt between Christ's Hospital and the lame Hospital Mar. 11.1652. London. Yours, Capt. Nathaniel Burt. To the honourable William Lenthal, Master of the Rolls. The humble Petition of Capt. Nathanel Burt, Plaintiff, against Thomas Starky, and Thomas Web, Francis Dashwood, Willaim Pease, William Kettle, of the Company of Sadlers, Defendants. Showeth, THat your Petitioner exhibited a Bill in Michaelmas-Term last, against the Defendants and others, who combined together to conceal much of his deceased father's Estate near a 2500 l. in Money, Leases, and mortgages; he formerly being a member of the said saddler's Company in his life, and in extreme age dying intestate, and your Petitioner also a member of the saddler's Company; but by serving in the Wars became estranged both from them, and his deceased Father; yet he being his eldest son, he became Administrator to his honoured Father being deceased, and is by the Court Christian bound therein to give an account thereof justly and truly. Now so it is, may it please your Honour, that according to his duty and right both to his deceased Father formerly living, in whose life time your Petitioner began to complain, and was by him then also authorized so to do in some cases, and since his death as Administrator to his Father, which came to him by birthright, and divers of them would have hindered him therein, if they could, the better to have defrauded your Petitioner, and to have disabled him to give account to Court Christian, and to have swallowed his deceased father's estate and shared it among themselves; your Petitioner having formerly both in his father's life time and since his death, petitioned them as a company of sober and just men, in whom should have dwelled peace and righteousness full six months for a fair and peaceable end, laying himself down at their feet therein, and entreating for his right without going to Law after his father's decease as before, and that his Fathers lost Leases and Fine might be restored now to him he being Administrator, and all other Moneys and mortgages which were concealed and embezzled from his said Father and your now Petitioner, as in the Bill is expressed, whereby your Petitioner was forced to appeal into the Court of Chancery for equity, and yet by the unjust and false practices of some hath yet found wormwood and hemlock for judgement and equity; for he hath seen the Court and your Honour much abused by misinformations, false suggestions, 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 also byorders therein surreptitiously procured, insinuated, or inserted, entered and registered, one Order whereof they thus obtained of your Hoour by a Petition, November 10. 1652. to delay your P●●●●●●ner from an answer as they had done 6 months before amongst themselves, when by Petition and Letters he sought themselves as a Company of Assistants in power for Peace, but they would not; yet since they have given him two of his lost leases again, and taken a new sine of him, which is part of his said Bill; and since that your Petitioner taking out Attachments to cause them to answer in Hillary-Term last, they by Petition February 18. 1652. to your Honour falsely suggest that your Petitioner was agreed with them, and so got an Order to stop his Attachments, and as they had promised before in their first Petition to answer to the Petitioners Bill; so now they procured 14 days also, yet never paid the Attachment costs; and contrary to the just and honourable rules of Court, which ought to be kept and observed by all, and they have demurred and not answered, on purpose to delay and vex by delatory arguing, and by multitudes of Fees and Charges to undo your Petitioner, when they should have fairly answered to him therein by promises. Your Petitioner therefore humbly prayeth your Honour, the truth hereof considered, that your Honour will be pleased to command them, as in equity they now ought, to give in their several answers to the Collateral part of your Petitioners Bill, or else so to order it, that your petioners' Bill may be dismissed with such reasonable costs as to your Honour shall seem meet, he being an Administrator he, being like else by the false practisings and delays already past to be undone (therefore he prayeth also to be at liberty to prefer a new Bill) without he doth appeal to the General and his council of Officers of war herein for justice and equity; if that by your Honour he be not herein reserved, which if by you he shall, viz. Your Petitioner and his, shall ever pray for your Honour. April the 29. 1653. Capt. Nathanael Burt. April the 30. 1653. Let the Petitioners Bill be dismissed, with 20 s. costs, and he be at liberty to prefer a new Bill. William Lenthal. Readers of all sorts, observe, after my Bill was dismissed, and the costs by my adversaries received, they maliciously again move the Court to have my Bill detained, because they were not pleased with small costs; when I ought not to have paid any costs being an Administrator, as is recorded in Dixy and Watson's case, he exhibiting a Bill to discover asssets lately, and also they amerce the Sheriffs to bring in my body, 5 pound, at three several men's complaint; one of them being the varlet which made the Arrest upon James Ryton for 100 pound, when I had the false return made under Sheriff Ireton and believe shall be defrauded thereby wholly thereof, which was part of my bill, and I have the Writ so returned in my own custody to prove the thing done, and the oath of Edward Miles in the Court, to prove the Arrest, and the money paid for doing of it, which Hurst also received the half thereof from Miles' hand, who was his Yeoman therein; yet Hurst denies by demurrer upon oath, the Arrest, the money received, or any part of the Bill; and can this be any other than a deceit, yea a cheat? And so doth Sheriff Ireton also deny it by demurrer, yet he was spoken with several times therein by myself, when the false return was made, to delay and spoil me therein, and that by Mr. Ellis the city-crier, Ryton was cried, and that by Sheriff ireton's knowledge, who was acquainted therewith both before it was done and afterwards by Mr. Ellis the crier; James Ryton the second merced the Sheriffs, and my false brother John Burt the third, who procured amercements against the sheriffs, to bring in my body to answer to them and their Interrogatories, & to ireton's Interrogatories by misinformation to the Master of the Rolls, who had dismissed my Bill, as appears in Court filed under his hand, April 30. 1653. Yet again, by motion seven days after the Order being served, and costs paid, by a misinformation in the Rolls in Sheriff ireton's behalf to the Master of the Rolls, there is an Order in the Rigisters Office privately entered or insinuated by a pretended motion, made by ireton's council, therein that I should come in and be examined in four days afterwards, or be sent to the Fleet for my contempt; and I pray good people, Souldery and council of State, how could there be a contempt, when there was no Bill in Court, it being by the Master of the. Rolls dismissed, and the costs paid some days before; and upon these great abuses, I took occasion to Petition the Captain General Crumwell, &c. viz. To his Excellency the Lord General Cromwell, and the council of State, for the present Government of this commonwealth; Conservators for the peace thereof. The humble Petition of Capt. Nathanael Burt, against Thomas Web, Thomas Starky, William Pease, Francis Dashwood, John Cox, William Kettle, of the Company of Sadlers of London, also their clerk and many others of the said Combination and Confederacy, Humbly showeth, THat suing these Combinators, in a place called the High Court of Chancery, which should be a place of equity, and conscience, to ease and relieve such who upon just grounds should apply thereunto, for discovery of Combinators, who fraudulently, conceal or embezzle either writings, or moneys, from persons impotent through extreme age, or Administrators who succeed the former dying intestate: that these persons named, and others not here named, but named in your petitioners Bill, by their several combinations possessed themselves of, and concealed from your Petitioner of his deceased father's estate, who died intestate, about 2500 pound in money, Leases and mortgages, which they yet detain against the mind of the deceased intestate as in his life time was declared, and against the conscience and equity ought to be in the high Court of Chancery, were they not partial and corrupt as the dissolved Parliament: yea they do act this combination against your Petitioner, being assisted by the viperous mercenary lying Lawyers, and serpentine Solicitors and Clarks, purposely of covetousness and malice to destroy your Petitioner who when he took out Letters of Administration, gave security to Court Christian, to give in a just and true account. Your Petitioner also showeth, that a against these combinating Assistants above named, of the saddler's Company of London, since his bill was preferred in Chancery, there sitting a Committee, of the late dissolved Parliament to examine the frauds and oppressions of Corporations, which was grown up therein, and to renew them, they being upon the old Patents, Grants, and Charters of Monarchy and their Successors, and so fallen with them: that your Petitioner procured from the said Committee, three several Orders against these combinators saddlers for their oppression and wrongs done to the whole commonalty, or brotherhood of Sadlers, against them and their now pretended charter, wherein the Fraternity of working saddlers are particularly interested, and are proper heirs thereunto of right, if ever it be settled; and the means left by our ancestors deceased, to relieve such as should be in distress; though by these usurpers abused, oppressed, wronged and injured as well as your Petitioner: Which by a messenger to them belonging, was served upon them in all their height of jollity, to cause them to answer to the said complaint, and to bring the forfeited dead Charters, by which they did oppress and wrong their fellow members of the said Society up to be examined and renewed; and also that they should bring away to the then honourable Committee their Books of accounts, and Book of Orders, that so the oppressions and abuses might be understood, and the people eased, and the corruptions reformed, and they settled as might best consuit then with that present Government; but these corrupt Assistants of Sadlers fearing the trial or examination herein. corrupted some thereunto belonging, and never left with them, or their council appointed therein, the grand Charter, but a Latin copy, or the Books of accounts at all: and to cool your Petitioner a while in the prosecution thereof, sent to your Petitioner. and gave him two of his fathers detained Leases, which in Chancery he complained to be fraudulently detained and concealed from your Petitioner, and took a new fine of your Petitioner, so that his Father had lost both his leases and also his Fine, which if the book of accounts had been examined, would plainly have made it appear, as they well knew; yet unjustly and unrighteously they will not answer in the Chancery, but sordidly still conceal the Collateral part of the BiH, though these leases was part thereof, and by combination of Lawyers, demur to him therein, which is but a denial on purpose to delay and vex your Petitioner, yea to destroy him; whereupon your Petitioner by order from the Master of the Rolls procured a dismission of his own Bill, and paid Thomas Web 20 s. costs in the behalf of himself and of the rest therein concerned, May 2. 1653. yet would these combinators and Lawyers still detain the said Bill in Court, the better to have their ravenous wills satisfied, to destroy your Petitioner by charge or imprisonment, even outdaring Justice, Law, or Equity. Your distressed Petitioner laying claim to the promises made by your Excellency, in both your Declarations, 22 and 30 of April 1653, that such endeavours should be used, that no opposition or wrong should be done to the people by any that exercise Administration of Justice by the Laws of the Nation, humbly imploreth your Honours to be rescued out of the mouths of the roaring lions and Bears, who else would break the bones of your Petitioner; who being Administrator, did but sue for the discovery of a concealed estate, and in conscience & equity ought rather to be cherished by them then destroyed, yea eaten up, which they some of them have threatened, and their practices do make good the same; which promises declared, if performed, will set you as mount Zion for establishment, and work the hearts of the people to praise God for you; and your perishing Petitioner if herein relieved, these acting against Justice and equity, yea the Law of the Nation, shall for you be enlarged towards God. And he and his shall ever pray, &c. May the 16. 1653. Nathanael Burt. The Lord general's Order to me when he came out of the council was, that I should attend the council for Order of this Petition. Being (as in the Petition is declared) encouraged by the promises of the soldiery in their Declarations mentioned, so also calling to mind the Letter from the General meeting of the Officers of the Army, Jan. 18. 1652. to stir up all their fellow-soldiers to assist them to help the people of this Nation; who through corruption are subject to grievous oppressions through the obstruction of Justice of which they were generally and strongly convinced it was their duty to awaken themselves for the procuring and preventing many apparent inconveniences; as first, faithful men, fearing God, hating covetousness, may be chosen into the interest of the commonwealth. Secondly, that the Laws may be regulated in such sort that what is good in them may be maintained, and the corruptions, abuses, delays, vexations, unnecessary travels and expenses, and whatsoever shall be found really burdensome and grievous to the people, may be taken away. Then behold, as you have dissolved the corrupt Parliament, who voted, unvoted, and abused, vexed, and delayed the people of England, and hardened others by these practisings to do the like: as Ecclus faith, Chap. 10. 2. As the Judge of the people is himself, so are his Officers; and what manner of man the Ruler of the city is, such are they that dwell therein. And as the Master of the Rolls and Lords Commissioners do, and the Chancery hath been known to do for the memory of man most abusively, as well as other Courts sometimes, but not so frequently as the Chancery or Rolls. Lend us also your assistances and all faithful Englishmen stand by them and one another, to open these Cages of birds who are become ravenous, and their houses full of deceit; therefore they are become great, and waxen rich; they shine, and are waxen fat; yea, they surpass the deeds of the wicked, Jer. 5. 26, 27, 28. Thus as there were wicked men found in Israel, who did set inares and traps to catch men is it not so now in England? and as they judged not the cause of the fatherless, or the right of the needy, is not the same cry amongst us at this day? which the Officers of the Army be convinced of, that those in the Army and elsewhere have not so improved their interest one to another as they ought, the Lord having done great things for us of England, as their Letter of Jan. 28. 1652. sets forth, might say to us, Isai. as he did to his Vineyard; And he looked for judgement, but behold oppression; for righteousness, but behold a cry: and this you see is not long since the Officers of the Army printed it, and that they have made some progress against Oppressors and unrighteous men since. Assist them therefore, dear countrymen, Englishmen, and let us not by jealousies grieve the hearts and weaken the hands one of another, to the destruction of our Liberty, Freedom and Peace, as by the said Letter they observe. But let us keep ourselves close to God, and let us implore him so to act in them, that their hearts may be kept faithful as Moses, who when he was to lead the Israelites out of Egypt, would not leave a hoof in bondage; that so the Lord's work being begun, who turneth the way of the wicked upside down. Psal. 147. 8, 9 but raiseth them that are bowed down, and loveth the righteous. Wherefore honour faithful ones, and abandon these Schools, yea abolish them Schools called the inns of Court, whose Scholars plead taunts, lies and sophistications, for Law, like to their father the devil, by which their brethren are murdered, and their families undone. For as our honoured faithful brother Colonel Pride formerly predicted, as in my new-years-gift, pag. 11. is set forth, That it would never be well with England until that mercenary Lawyers Gowns were hung up by the Scotish Trophies. These, my brethren, and their attendants, destroy England's commonwealth, and are of the Beast, and of Antichrist, and of the devil. That Lawyers, called Secular Judges, proceeded from Romish clergymen, yea all Lawyers were anciently of the clergy; no Clerk but he was a Lawyer, faith Malmsbury, in William the second time; they were the first Lawyers in England, or amongst them, for time and for their knowledge and manners sent to Rome, some of them being then councillors to Abbots, had shaven crowns, were archdeacons; and most of the Lawyers than held Church-livings. Now, my brethren, ye may see how tithes (the great Robbery) hath come to be maintained. And a Monk in Henry the third's time is called the King's special Counsellor and Clerk, faith the observer, as much as the attorney-general since. But I admire how Edmund Prideaux, formerly the great Letter convoyer, to rook the people of 6 d. in the shilling, as their quarrelling printed Papers make it appear, doth call himself attorney-general, and comes to the Bar, and moveth as attorney-general for the people, and yet stands charged with Articles of High Treason, and hath done above a year, which is filed in the Capital Office against him, and others, for acting traitorously against the Commonwealths peace, which is the peace of the people, and against English Law, and that he is not by the people called to the Bar to be convicted thereof as our enemy, and aught to be, or else by Law acquitted, and his complices: for as M. Cook said concerning the late King's trial, That mercy to the wicked is cruelty to the good, and he was a Counsellor of Grays-inn, employed by the State, which could not be unknown to M. Prideaux, but since gone for Ireland. But fellow-soldiers, as you have promised us in your Letter, and in the Declarations, you must help us against these destroyers of us and ours, and you also, if they can. The Bishops (by the consent of most) were voted out, for that they were Antichristian, and also destructive to the English Liberty, peace, utility, and freedom, and all their Pontifical Robes, Orders, and Garbs: yet see, the Secular Judges wear the ancient habit of the ecclesiastics, because first it was used by the ecclesiastics, who have been Clerks, Justices, Keepers of the Great Seal, Wardens of the Kingdom, Treasurers of England, Masters of the Rolls, yea Justices of Eyre and of Assize; yea some of these, as Hugh of Pashtul Clerk, made Justice of England by Henry the third. Thus you see Popish tithes, and Popish holidays, and Popish Habits or Vestures still maintained in all Courts, in sight of the Scotish Banners, where you may find Popish Antichristian customs and manners. The Clerks who such Writs dictate, write, sign, and give counsel, they were restrained by Pope Innocent the fourth his Decretals to assume Church-dignities: since 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 same (and yet is) with that of the ecclesiastics; as Francis White, who printed a book for the sacred Law of the Land, expresseth, in the 291, 292, 293. for which he citys D. Wat's gloss. ad Paris. faith William of Bussey, Seneschal and chief councillor to William of Valentia, would have loosed (says the same Monk, meaning John Mansel, in Henry the third's time) the stays of his Coyf to show his Clerkly tonsure, his shaved crown. Therefore as in Israel's time when the Law of truth was found in the priest's mouth, and no iniquity in his lips, in peace and equity he walked to God, and turned many from iniquity; but since went out of the way, and caused many to fall by the Law, and kept not God's ways, but became partial in the Law; therefore God made them to be despised and vile before all the people, Mal. 2.6,7,8,9. since the Priests lips should have preserved knowledge. And hath not our Clergy (in our remembrance) been in as great places, and honour, and have come to be despised, for being partial, and causing many to fall by the Law; and are they not gone and despised, and since that the King gone and despised for being partial in the Law? and causing many to fall by the sword, whom the Law would have preserved? And since is not the Parliament not only purged but dissolved? for that if ever any had known the Law, or if ever any walked in the truth before God in peace and equity, they should, and not corruptly and partially gone contrary to truth, peace, and law, and equity; and by their evil example encouraged others so to do, to provoke England's misery, and cause themselves to become despised and vile in the eyes of all the people, and their fellow Committee-men and their Children to be despised; which they have and will find, as sure as we have seen the Scripture mentioned fulfilled. Wherefore London, let the prophecy of Nineveh's fall or ruin be thy warning, Nahum. 3.1,9. woe to the bloody City, which is full of lies and Robery; and know, as Solomon faith, Prov. 21.3,7. To do justice and judgement is more acceptable to the Lord then sacrifice, and that the robbery of the wicked shall destroy them; for that they have refused to execute judgement. And all you corporated Companies, know that you are exhorted to accept of this warning, as you are Citizens concerned with your Masters and Officers, left you come also to be dissolved and despised; but especially you of the saddlers, who have been sought by Petitions and Letters for peace sake, but made stiff your necks against it; take you among the rest notice, that this Babylon of covetousness, oppression, defraud, and partiality, and hypocrisy is not falling, but fallen, for because of the multitude of the fornications, of the harlots as the Prophet Nahum expresseth it, who is beautiful, and a mistress of witchcraft, and selleth the people through her whoredoms, and the Nations through her witchcrafts, which Rev. 18.2. to the 19 verse, may fitly be applied, cried by the Angel: And he cried out mightily, saying, It is fallen, it is fallen. Babylon that great city, and is become the habitation of devils, and the hold of all soul spirits, 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 committed fornication with her; and the merchants of the earth are waxed rich of the abundance of her pleasures. And the kings of the earth shall bewail her, and lament for her, which have committed fornication, and lived in pleasure with her, when they shall see the smoke of that her burning; and shall stand afar off, for fear of her torments, saying, Alas, alas that great city Babylon, that mighty city: for in one hour is thy judgement come. And the merchants of the earth shall weep and wail over her: for no man buyeth their ware any more. The merchants of these things which were waxed rich, shall stand afar from her, for fear of her torment, weeping and wailing, and saying, Alas, alas, that great city that was clothed in fine linen, and purple and scarlet and gilded with gold, and precious stones, and pearls. And every shipmaster, and all the people that occupy ships, and ship-men, & whosoever traffic on the sea, when they see the smoke of that her burning, shall say, What city was like unto this great city! And shall cast dust on their heads, and cry, weeping and wailing, and say, Alas, alas, that great city, wherein were made rich all that had ships on the sea, by her costliness: for in one hour is she made desolate. Who is wife, and he shall understand these things; prudent, and he shall know them; as was said concerning the destruction of Samaria, Hos. 14,10. for, the ways of the Lord are righteous, and the just shall walk in them; but the wicked shall fall therein. And since you Secular Judges retain not only the Habit of that Babylonish Strumpet, but much of her Popish impudence of customs and manners; I will chose up this appeal, & protest against Anichristian Babylonish ecclesiastic brats & merchants of England, who are rich made through the abundance of her delicacies, and that are clothed in fine linen and purple, and scarlet, and decked with gold, precious stones, and pearls, with Psal,2. Let not the heathen rage, or the people murmur: Be wise now therefore, ye kings; be learned, ye judges of the earth; serve the Lord in fear and rejoice in trembling. Kiss the Son, lest he be angry, and ye perish in the way: when his wrath shall suddenly burn, blessed are all that trust in him. Postscript. SHould I have further stirred in this puddle of iniquity, and have set down the partial report made for Hurst and Ireton, and the Affidavit recorded by Edw. Miles, which spoils them both, and the several Orders upon their several Motions, and Petitions, and misinformations, entered insinuated and inserted, they would have edified but little: and such who know Chancery-proceedings, know the lying and lucrous ends and drifts of such Motions, misinformations, and Orders, and Reorderings. But I humbly entreat Sheriff Underwood and his Partner, in time to consider of the malicious dealing of John Hurst, who durst betray his Masters into amercements, against Law or Equity, my Bill being dismissed, and costs paid some days before, above a week before Hurst amerceth his Masters, yea 10. days, and a dismission enrolled is not to be altered, it being a final sentence of the Court, as you may read in a book called the practice of the high Court of Chancery unfolded, printed 1652. page 25. Let all men be hereby advised, who have any Estate, to settle it, and that surely, that so trouble may be avoided, and their Children may be provided for, and not strangers and lying Lawyers filled with their Estates or increase, they eating up the children's bread. In the book named before, page 29. The Counsel that misinforms the Court in his motions, or moves, not informing the former Order in the cause, hath had his order so misgotten thereby vacated, and costs awarded to be paid by himself or his client: by himself, if it lay in him to have informed himself better, or else by the client, who misinformed his Counsel; the Court being hereby much troubled, and the suitors delayed, desiring an end of their suits, and not movere and promovere: but apparent it is that such motions only as tend to the end of the cause, and not to put it out of the way, are good for the suitors and ease of the Court. Truth is strong, and will prevail, believes Yours Nathanael Burt. FINIS.