The sad case of Clement VVriter, Who hath waited for reliefe therein since the fourth of Decemb. 1640.
FOr then he made complaint by Petition to the grand Committee for Courts of Justice, against the Injustice of the late L. Keeper Coventry, and of some Referrees, who were first obtruded, and then their unjust proceedings and practices countenanced and confirmed against Rule and Reason, by his Lordships meere Will and Power, and all to ruine the Petitioner unheard, under the notion of a Puritan, the objects of the States hatred, and the esteemed pests of those times.
The said Committee made severall Orders, and apointments for the hearing thereof, but it was still put off from time to time, till that Committee was dissolved, without doing more therein.
In February 45. he renewed his complaint to the Committee for Petitions, who thereupon made this Order following.
UPon reading the Petition of Clement Writer, and upon debate thereof, It is Ordered by tbis Committee, that it be referred to Mr. Rigby, Mr. Thomas, and Mr. Robinson, or any two of them, who are desired to take a view of the proceedings of this Cause, and state the matter of fact, and report the same to this Committee. And that this businesse be further heard on this day moneth, and all parties concerned herein that live in the Parliaments quarters are to have notice hereof, and are required to attend this Committee at the same time in the Inner Exchequer Chamber at Westminster.
According to which Order, a Report was signed and made ready by the sub-Committee therein named, a true copie whereof (the preamble only omitted) here followeth.
To the Honourable Committee of the Right Honourable the House of Mar. 9. 1645. Cl. Writer Pet. Geo. Worfield and his Wife Def. &c contra. Commons for Petitions.
WEe whose names are hereunto subscribed (being the said Referrees) haveing examined the proceedings in the said Causes, do humbly certifie unto this Honourable Committee; That the said Causes comming to be heard in Chancery, in Octob. 10 Carol. And being matters of Accompt, the same were by the Lord Keeper Coventry referred to an Accompt, to be computed by Mr. Littleton and Mr. Wormestry without the Petitioners consent, as appeareth by a Copy of a Petition of the said Mr. Writer to the said Lord Keeper, and of the said Lord Keepers Answer thereunto now produced and shewed unto us under the hand of the Deputy Register of the said Court of Chancery. And upon the said Petitioners suit to the Lord Keeper, it was appointed, that the said Petitioner and the Defendants Solicitors should attend his Lordship for naming indifferent men to take the Accompts, and then the said Lord Keeper by Order of the 25. of October, Anno 10 Car. appointed Sir Walter Devereux Kt. William Barkley Esquire, and Dr. Charlet, Commissioners to take the Accompts; and those Commissioners were so named and appointed by the said Lord Keeper without the consent of the now Petitioner, as by his Affidavit of the 27 of February, 1645. and his Petition now shewed unto us, subscribed by the said Lord Keeper 14 Martij 1634 appeareth, and a Commission issued out according to the said Order of the 25 of October aforesaid to take the said Accompt, and the Commissioners therein named, were also thereby directed to take into consideration the Petitioners pains, and other things admitted in the Defendant Worfields answer, and to make the Petitioner fit allowance thereof, and had power thereby also to examine both parties upon oath, and other parties (vivâ voce) to such points as they conceived material, and that the 19 of January 1634. the said Commissioners certified, that they the 15 day of that moneth had heard the said parties, and taken their Accompts upon Oath, and examined Witnesses upon Oath, and had reduced the Accompt to a certaintie, (viz.) That the Petitioner had disbursed 200 l. in prosecution of suits for the said George Worfield, which the Defendant had paid to the Petitioner, together with costs of Suit recovered, and that the said Petitioner had received the profits of certain [Page 3] Mills, and Lands, and a House, and other moneys paid and discharged by the Defendant for the Petitioner, in all 619 l. 10 s. besides the said costs of suit recovered by the said Petitioner upon Judgements for the said George Worfield which they allowed the Petitioner in full of all his disbursments, and for the losse of his time and trade about the Defendants businesse, and all other things admitted in the Defendants answer: and the said Commissioner did then also certifie an Accompt given in by the said Petitioner, which they did state at 619 l. 10 s. allowing the same in generall onely, yet setting forth the Defendants Accompts in the respective particulars thereof, as namely, that the Petitioner received the rent of the Defendants Mills eight years, amounting to 160 l. debt of the Petitioners, paid by the defendant to one Mistris Cowper 126 l. One other debt of the Petitioners to one Smart 57 l. and one other debt of 40 l. to one Philips, both which the Defendant paid, and that the Petitioner held the Defendants house in Worcester three yeares worth 27. pounds, and that the Petitioner had 200. pounds of the Defendant which he recovered at Law, and 9 pounds 10. shillings confessed by the Petitioners answer to be paid by the defendant, in tot [...] 619. l. 10. s. as appeareth by the said Commission and Certificate remaining in Chancery, Copyes whereof were now shewed unto us by the Petitioner.
And that the 16. of February, 10. Caroli, upon the Petitioners complaint, that the Commissioners had quit scores between him and the defendant Worfield: Whereas his demands amounted to 2000. l. It was Ordered by the said L. Keeper, that a Commission be renewed to the said Commissioners, with the same power (as formerly) which Commission being renewed, dated 11 March, 10. Caroli, the said Commissioners the 13. of April following certified, that they the 11. day of that moneth had reviewed and reexamined their former Certificate and Accompts formerly taken, and had also reexamined divers of the witnesses formerly sworne, and heard read divers depositions in the Cause, and had fully heard all the demands and allegations of the said parties, and certified further, that they found no cause to add to or alter their former Certificate as by copies of this latter Commission and Certificate now shewed to us by the Petitioner appeareth. And afterwards the 30. of Aprill, 11. Car. It was ordered by the said Lord Keeper, that both the said Certificates and the matters therein contayned be absolutely ratified and confirmed by the Decree of the said Court of Chancery to be performed.
But wee doe not finde, that any day was given to the Petitioner to shew cause [Page 4] why the same should not be decreed, though he often Petitioned to have Liberty to shew his exceptions to the said Certificat, and the Commissioners proceedings therein, (as appeareth by severall Petitions to the said Lord Keeper, and his answer thereunto now shewed unto us) and wee doe also find, that the Petitioners chiefe Imployments in Law-suits for and on the behalfe of the said George Worfield, and which were to be allowed for by the said Commissioners, were against the said Mr. Barkleys own sister and her son, and that Sir Walter Devereux was Land-lord to the said George Worfield (as appeareth unto us by the Affidavit of Thomas Writer, made the 27 day of Aprill; 1635. and now shewed unto us.) And the said Petitioner hath also shewed unto us an Affidavit of Francis Collow and Thomas Writer, made the 23. of Aprill 1635. whereby great partialitie against the now Petitioner is sworne to have bin in the said Commissioners, Sir Walter Devereux, & William Barkley, in their proceedings in the execution of the said latter Commission, the Petitioner alleadgeth, that he hath witnesses to This is since proved by two witnesses. prove, that he exhibited a particular accompt in writing to the said Commissioners at the execution of the said latter Commission, whereby he claimed above 2000 pounds to be due unto him from the said George Worfield, and that the Commissioners refused to examine the particulars thereof.
And we find by the Affidavit of Will Hill, made the 20 of February, 1635. and by the Affidavit of Tho. Writer, made the 18 of May, 1636. that they were both present the 11 day of April, 1635 at the execution of the said latter Cōmission, where the Petitioners Councell desired, that according to the last Order of Reference, the accompts between the parties might be reviewed and rectified in the mistakes & Omissions thereof, but the said Cōmissioners answered, they were resolved not to alter or vary from that they had formerly done. The Petitioners Councell urging, that the former Certificate was a generall setting of the demands of the one against the other in grosse, and thereby making them both even, which was a great mistake, and much damage to the Plaintife (the now Petitioner) and not the right way of Proceedings in such cases, and therefore desired, that the severall accompts might then be examined in each particular by themselves, with the time, and the other circumstances considerable to be considered of, which would make the accompts clear & certain, but the said Commissioners utterly refused so to doe. And the Petitioner desiring to have the said George Worfield examined upon oath, the Commissioners would not doe it; there being at that time but one witnesse sworne and examined, which was one John Evet, and he examined on the defendants behalfe, the said M. Barkley affirmed, that they [Page 5] gave more credit to the said Evet then to all the now Petitioners witnesses; and there being speeches used at the same time concerning the Lands in question, and the Petitioners estate therein, Sir Walter Devereux said, they had no power to meddle thetein: Whereupon the said Councell desired them so to explain themselves; whereupon the said Sir Walter said, Nay, if you be there we have done, & rose up in displeasure, and so brake off, and thus ended the businesse, the said Mr. Barkley often using words as if the cause had concerned himselfe, as appeareth by their severall Affidavits now shewed unto us.
Note, before that day moneth came, (nominated by the said Order for the Committees further hearing of the Cause) this Committee was suspended for six weeks; and when the Petitioner had in vaine waited three yeares for the restoring thereof, about 48. he exhibited a Bill of Review in Chancery, to which his adversaries demurred, and after its dependance there above twenty moneths, and the Petitioners expence above a hundred Marks, the Demurrer was allowed, and the Petitioners Bill dismissed, he being told by a person of Eminent Authority and experience, That not the Chancery but the Parliament must yeeld reliefe in the case, it being proper only for them: Wherefore it's hoped, and desired, the same person will now please to effect something in Parliament for the Petitioners reliefe, when he considers the long dependance of the Cause there unredressed, and the honor attained to himselfe thereby; the same Complaint being yet continued by the Petition following.
To the Parliamont of the Common-wealth of England, the humble Petition of Clement Writer of the Citty of Worcester.
SHEWETH,
THat your Petitioner had unequall Referrees thrust upon him by the Lord Keeper Coventry, and their false and unjust Certificates as unjustly decreed by his Lordship, without day given to shew cause against it; and when the [Page 6] Petitioner had proved by divers witnesses the partiaiitie and injustice of the said Referrees, and the falsen [...]sse of the sai [...] Certificat, he was denyed by his Lordship to be heard therein, to the Petitioners damage above 1500 pounds.
That the Petitioner for reliefe appealed the 4. of December, 1640. to the grand Committee for Courts of Justice, who then and after made severall Orders for the hearing thereof, and your Petitioner with his Councell and many Witnesses (fetcht from Worcester, and here kept at the Petitioners charge) continually attending; but by reason of the publique Affaires of the Nation, it was still put off from day to day, till that Committee was dissolved.
That the 10. of Feb. 1645. your Petitioner appealed to the Committee for Petitions, who then upon full debate ordered, That some of that Committee then present should view the proceedings, state the matter of fact, and report the same to that Committee, and the Cause to be further heard that day moneth.
That accordingly the Proceedings were viewed, a Report signed, and made readie to be reported by M. Rigby and M. Robinson: but before that day moneth came, that Committee was suspended for six weekes, and never yet restored.
Now forasmuch as your Petitioner hath long languished under this oppression and is extreamly wasted every way by his twelve years chargable attendance, there being no ordinary Court of Justice able to afford him relief; and for that his Adversaries (taking advantage by the delay he findes in Parliament) do seek to deprive him of his present subsistence by vexatious suits, eccasioned by that unjust Decree, against which he hath so long here complained; which Suites would be quieted if his Cause were but heard, which was never yet heard, though decreed against him. And for that he hath alwayes adhered to the Parliament, done, and suffered much for them, and contributed to their assistance, to the utmost of his ability, without repayment, or any the least recompence hitherto.
He therefore humbly beseecheth, that the Parliament will be pleased to hear the said Report, and to do thereupon, as to your wisdoms shall appear to stand with Justice, for the Petitioners timely relief, before the small remainder of his much wasted estate, and life, do both expire.
And your Petitioner shall pray, &c.
POSTSCRIPT. To the Members in Parliament;
1 HOw small, reasonable, and just, the thing petitioned for is.
2. How tedious and chargeable the attendance and prosecution hereof hath been to the Petitioner.
3 How sad a thing it is thus to neglect the grievances of your suffering friends, and therein to benefit and advantage your enemies, to the undoing of your friends.
But the Petitioner hopeth to find you better towards him when you duly weigh his condition, and your own solemn Promise made to the Nation in the very case, April 17. 1646. viz. That in case of male administration of Justice, you would see and provide that right be doue, and punishment inflicted according to the Laws of the Land, and the trust reposed in you.
4 What just and necessary care the Parliament had for redress of such grievances by the Order following.
ORdered by the Commons assembled in Parliament, That it be referred to the Committee for the Jurisdiction of the Star-chamber, to procure a Bill, and to present it to this House; and therein to consider how far the Heires and Executors of such as are, or have been, in Judicial or Ministerial places since 9. Carol. or shall be hereafter, that have or shall doe wrong to the Common-wealth, by Extortion, Oppression, or Injustice, shall be liable to make reparation to the parties grieved.
R. Acton, who attends at the Parliament door, hath the Report ready to give in when its called for.