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<DATE>2011-09-08</DATE>
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<NAME>Alexis Jakobson</NAME>
<RESP>MURP</RESP>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<P>THE CHARGE upon S^r Hamon l'E&s;trange Together with his Vindi|cation and <HI>RECHARGE.</HI></P>
<P>London, Printed in the Yeare, 1640.</P>
</DIV1>
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<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB REF="2">
<HEAD>The Charge upon Sir <HI>Hamon L'E&s;trange,</HI> together with his Vindication and <HI>Recharge.</HI></HEAD>
<P>_SAlomon &s;ayes, <HI>There is a time to keepe &s;ilence, and a time to &s;peake.</HI></P>
<P>I have lately vnder&s;tood that I have much &s;uffered by a report throwne abroad by &s;ome gentlemen of <HI>Norfolk</HI> (who were in <HI>Lynne</HI> during the &s;iege thereof) of a foule practi&s;e &amp; com|bination of mine for a &s;ecret &s;urpri&s;e &amp; arre&s;t of &s;undry of tho&s;e Gentlemen, and a meeting to that end contrived &amp; appointed by me to be at <HI>Swaffham</HI> in <HI>Norfolke,</HI> &amp; I am &s;ea&s;onable awakened to &s;peake for my &s;elfe, and to endea|vour to wipe off this unju&s;t and ma|ligne &s;patter upon my name and repu|tation.</P>
<PB N="2" REF="3">
<P>In 1643 the Towne and Borough of <HI>Kings Lynne</HI> in <HI>Norfolke</HI> being fortified by the Mayor, Aldermen, and Com|mon-Coun&s;ell there, and a &s;ouldi|ery rai&s;ed by contribution in addition to the Trained-bands, for the defence thereof, they pa&s;&s;ed a <HI>Declaration, not to deliver the Towne to any not authori|zed to demand it by joynt con&s;ent of King and Parliament.</HI></P>
<P>Afterward the Earle of <HI>Manche&s;ter</HI> (being authorized and appointed by the <HI>Parliament</HI> to reduce <HI>Lynne</HI>) &s;ent a Me&s;&s;age to the <HI>Major,</HI> and demanded entrance, &amp; Pa&s;&s;age through the &s;ame, in the name of <HI>King and Parliament,</HI> but was denied and refu&s;ed.</P>
<P>A &s;hort time after (among &s;undry o|ther Gentlemen that repaired thither) Sir <HI>Hamon L'E&s;trange</HI> Knight (living within twelve miles thereof, and one who had often ta&s;ted of the bitter cup of the times, and had adverti&s;ement of new menaces towards him,) went thither al&s;o for &s;afety, and within two or three dayes the Town was be&s;ieged
<PB N="3" REF="3">by the forces of the Earle of <HI>Manche|&s;ter,</HI> during which time Sir <HI>Hamon L'E&s;trange</HI> was plundred of &s;eventeene hundred &s;heepe, and &s;undry other goods and cattell to the value of above twelve hundred pounds.</P>
<P>After the Towne had been be&s;ieged about three weekes, it was rendred to the Earle of <HI>Manche&s;ter,</HI> upon <HI>Arti|cles</HI> agreed betwixt <HI>Commi&s;&s;ioners</HI> on both parts, whereof the &s;ixt is as fol|loweth.</P>
<P><HI>The Commi&s;&s;ioners on the part of the Earle of</HI> Manche&s;ter <HI>doe agree, that nei|ther the Per&s;ons, nor E&s;tates of any of the Inhabitants, Gentlemen or Strangers, now re&s;ident in</HI> Lynne, <HI>&s;hall be hereafter any waies mole&s;ted or prejudiced, for a|ny thing pa&s;t or done by them, or any of them, &s;ince the Earle of</HI> Manche&s;ter <HI>his comming into the&s;e parts.</HI></P>
<P>Nneverthele&s;&s;e,</P>
<P>Upon the ninth of <HI>December</HI> fol|lowing &s;ome Inhabitants of <HI>Lynne</HI> pe|titioned
<PB N="4" REF="4">and obtained from the Lords and Commons and Order as followeth.</P>
<P><HI>Fora&s;much as the Earle of</HI> Man|che&s;ter <HI>in his Articles of agreement with the Towne of</HI> Kings Lynne <HI>remitted their offence in reference to him&s;elfe and his Army, but touched upon no private injuries done by the Malignants to the well-affected; It is Ordered that &s;uch per&s;ons as did any damage to their hou&s;es or Mills, or any other wayes unto them, &s;hall make re&s;titution; and that Colonell</HI> Walton (<HI>Governour of</HI> Lynne) M^r Percivall <HI>and</HI> M^r Toll <HI>(Mem|bers of the Hou&s;e of Commons) &s;hall enquire the damages, and make reparation under paine of &s;eque&s;tra|tion</HI> (<HI>from Colonell</HI> Walton, <HI>M^r</HI> Peircivall, <HI>and</HI> M^r Toll, <HI>of &s;o much as will make reparation</HI>) <HI>up|on default.</HI></P>
<PB N="5" REF="4">
<P>This is no place, nor is it pertinent to the &s;cope of this di&s;cour&s;e, to glo&s;&s;e or paraphra&s;e upon the <HI>Order;</HI> but to &s;peake to matter of fact onely in que|&s;tion, Sir <HI>Hamon L'E&s;trange</HI> (having a re&s;pon&s;all e&s;tate (wherein he was <HI>&s;ui juris,</HI> and dwelling nigh <HI>Lynne</HI>) was charged by warrant from the &s;aid three Referees to pay &s;undry great &s;ummes of mony, which (for feare of &s;eque&s;tra|tion menaced in the &s;aid warrants) he was &s;ubdued to pay, to the &s;um of be|twixt two and three hundred pounds.</P>
<P>And before the dayes were accom|pli&s;hed for payment of more monyes upon the warrants of the Referrees, Sir <HI>Hamon L'E&s;trange,</HI> and one <HI>Robert Clench</HI> E&s;quire, complained by petition to the Hou&s;e of <HI>Commons</HI> of the viola|tion of the <HI>Articles</HI> of <HI>Lynne,</HI> and obtei|ned an Order from the Hou&s;e of <HI>Com|mons</HI> the 12. of <HI>May</HI> 1645 of reference to a &s;elect Committee of the &s;aid hou&s;e, to examine, &s;tate and report the whole matter to the Hou&s;e.</P>
<P>In <HI>February</HI> following Sir <HI>Hamon
<PB N="6" REF="5">L'E&s;trange,</HI> and Mr. <HI>Clench,</HI> being &s;um|moned by warrant from the &s;elect Committee, attended at <HI>London,</HI> with Coun&s;ell, and two Solicitors, and twelve witne&s;&s;es, from about a hun|dred miles di&s;tance, by the &s;pace of a month, to the charge of above &s;ixty pounds, and nothing was done therein.</P>
<P>Matters thus re&s;ted untill that,<MILESTONE N="1646" UNIT="year"> in July 1646, another Charge was impo&s;ed (by warrant from the Refer|rees) upon Sir <HI>Hamond L'E&s;trange,</HI> and one Mr <HI>Kirby</HI> of <HI>Lynne,</HI> for the pay|ment of two hundred &s;eventy five pounds, twelve &s;hillings &amp; three pence a peece, in all, five hundred fifty one pounds foure &s;hillings &s;ixe pence (with|in ten dayes next after notice) to the Major and Burge&s;&s;es of <HI>Lynne,</HI> for dam|ages done during the &s;iege in the demo|li&s;hment of an Ho&s;pitall belonging to the &s;aid Towne, or to &s;hew cau&s;e in writing to the contrary, to which Sir <HI>Hamon</HI> &s;ent an an&s;wer.</P>
<P>In <HI>Augu&s;t</HI> following Sir <HI>Hamon L'E&s;trange</HI> was charged (with nineteene <MILESTONE N="1646" UNIT="year">
<PB N="7" REF="5">others mentioned in the warrants of the Referrees, whereof Mr. <HI>Clench</HI> was one, and the &s;aid Mr. <HI>Kirby</HI> left out) to the payment of the &s;aid five hundred fifty one pounds foure &s;hillings &s;ix pence, at a day prefixed, or to &s;hew cau&s;e in writing to the contrary, to which al&s;o Sir <HI>Hamon</HI> returned an&s;wer.</P>
<P>And thereupon he wrote &amp; &s;ent let|ters to &s;undry Gentlemen named in the &s;aid warrants, and de&s;ired of them a meeting for conference and con&s;ide|ration about the &s;aid charge of five hundred fifty one pounds foure &s;hil|lings &s;ixe pence, but they all failed to meet at the day and place prefixed by Sir <HI>Hamon.</HI></P>
<P>In <HI>October</HI> following, Sir <HI>Hamon L'E&s;trange,</HI> and Mr. <HI>Clench</HI> and Mr. <HI>Kir|by,</HI> were all three charged (by warrants <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rom the Referrees, and the other eigh|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eene (&s;econdly charged) all omitted) <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o pay an hundred eighty three pounds <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ourteene &s;hillings tenne pence a piece, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> all, five hundred fifty one pounds <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">oure &s;hillings &s;ixe pence, at dayes pre|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">xed &s;everally unto them.</P>
<PB N="8" REF="6">
<P>Soone after Sir <HI>Hamon L'E&s;trange</HI> be|ing at <HI>London</HI> his goods were &s;eque|&s;tred in the Country to the &s;aid &s;um of one hundred eighty three pounds four|teene &s;hillings ten pence; for the pay|ment whereof bond was entred to the Collectors, who al&s;o tooke nine pounds for fees.</P>
<P>The &s;aid bond being after put in &s;uite contrary to the expectation of Sir <HI>Hamon L'E&s;trange</HI> by rea&s;on of a <HI>&s;u|per&s;edas</HI> of the &s;aid Seque&s;tration ob|teined from Colonell <HI>Walton</HI> (and Mr&punc; <HI>Corbet</HI> formerly added in &s;upply o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Mr. <HI>Percivall</HI> decea&s;ed) and havin<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;tayed the &s;aid action (commenced a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Common Law, upon the default o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> payment) by <HI>Injunction</HI> out of th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <HI>Chancery</HI>) in <HI>Aprill</HI> 1647, Sir <HI>Hamo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> L'Estrange</HI> repaired to <HI>Lynne</HI> to con|ferre with Mr. <HI>Toll</HI> about the &s;aid &s;uit<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and other &s;uites which he under&s;too<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> were menaced towards him and other by &s;ome inhabitants of <HI>Lynne,</HI> who ap|prehended incouragement from th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;ucce&s;&s;e which late before Mr. <HI>Toll</HI> ob|teined at <HI>Bury</HI> A&s;&s;i&s;es upon the trya<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">
<PB N="9" REF="6">of two <HI>Actions</HI> of <HI>Impri&s;onment</HI> of him|&s;elfe and his wife at <HI>Lynne</HI> at the time of the &s;iege there, wherein he recovered one hundred pounds for him&s;elfe, and one hundred and fifty pounds for his wife, again&s;t Sir <HI>Hamon L'E&s;trange, Tho|mas Dereham,</HI> and <HI>Robert Jegon</HI> E|&s;quires.</P>
<P>Mr. <HI>Toll</HI> declared, upon conference with Sir <HI>Hamon L'E&s;trange,</HI> that fora&s;|much as hee was fully &s;atisfied that the re&s;t of the Gentlemen (who were in <HI>Lyn</HI> during the &s;iege, &amp; adhered to the defence thereof, &amp; advi&s;ed &amp; abetted to the pulling downe of the &s;aid Ho&s;|pitall, and other damages) were alike liable to the charge of the reparation, he would therfore endeavour that they might ea&s;e one another, by a more ge|nerall contribution, and was per&s;wa|ded that if Sir <HI>Hamon L'E&s;trange</HI> would write unto the Gentlemen, and reque&s;t a meeting for con&s;ideration thereupon, the Gentlemen would readily meet and fairely comply: Sir <HI>Hamon L'E&s;trange</HI> utterly di&s;liked the motion, de&s;pair|ing of any good event, by rea&s;on of his
<PB N="10" REF="7">former endeavours, and the repul&s;e o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> neglect which he received; As al&s;o be+cau&s;e the other parties had mo&s;t o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> them hitherto enjoyed the quiet o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> their per&s;on and pur&s;e, and hoped an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> aymed at the continuance of thei<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> calme condition; Sir <HI>Hamon L'E&s;trang<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> further alledging the great toyle, trou+ble and charge, of writing and &s;ending &s;o many &s;everall letters to &s;o many &s;everall, remote, and &s;cattered parts o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Gentlemens abode.</P>
<P>Neverthele&s;&s;e the pre&s;&s;ing advice and per&s;wa&s;ion of Mr. <HI>Toll</HI> prevailed a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> length with Sir <HI>Hamon L'E&s;trange</HI> to make tryall and a&s;&s;ay, and forthwith hee drew the forme of a letter (which he thought fitte&s;t to be one and th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;ame to all) and &s;hewed the &s;ame to Mr. <HI>Toll,</HI> who approved thereof, and was as followeth.</P>
<LETTER LANG="eng">
<OPENER><SALUTE>Sir,</SALUTE></OPENER>
<P>I &s;uppo&s;e that before this time you have under&s;tood of the late verdicts pa&s;|&s;ed again&s;t Mr. <HI>Dereham,</HI> Mr. <HI>Jegon</HI>
<PB N="11" REF="7">and my &s;elfe at the la&s;t A&s;&s;i&s;es at <HI>Bury,</HI> at the &s;ute of Mr. <HI>Toll</HI> and his wife, and Mi&s;tris <HI>Percivall,</HI> and how the Judges there declared their opinions, that all per&s;ons commanding, and all other (pre|&s;ent or ab&s;ent) con&s;enting or abetting to any damages done at <HI>Lynne</HI> during the &s;iege, are by law equally lyable to repara|tion, which may ju&s;tly awaken us to con|&s;ider the danger and charge that will cer|tainely befall every one of us upon fur|ther que&s;tions and &s;ute, which moves me to advi&s;e and de&s;ire, that in &s;uch joynt concernment we may meet and con&s;ult how to reduce the &s;tate of our bu&s;ine&s;&s;e to the &s;oone&s;t and &s;afe&s;t period for all of us in generall, otherwi&s;e for my particular, (who have hitherto &s;u&s;teyned &amp; endured the whole &s;torme of the&s;e troubles with very &s;mall a&s;&s;i&s;tance, to the great to yle of my per&s;on, &amp; charge of my pur&s;e) I &s;hall &s;tudy and endeavour to procure mine owne peace at the be&s;t termes I may for my &s;elfe.</P>
<P>I have pre&s;umed to nominate and ap|point Thur&s;day the Fifteenth of this
<PB N="12" REF="8">Moneth in the afternoone for the time and <HI>Swaffham</HI> for the place of our mee|ting.</P>
<CLOSER><DATELINE><DATE><HI>Apr. the 6. 1647.</HI></DATE></DATELINE>
<SALUTE>Sir,</SALUTE>
<SIGNED>Your commandable, <HI>Hamon L'E&s;trange</HI></SIGNED></CLOSER>
</LETTER>
<P>Soone after Sir <HI>Hamon L'E&s;trang<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> wrote letters to &s;ixteene Gentlemen t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the tenour afore&s;aid, from &s;ome he re|ceived an&s;wer by writing, from other<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> by me&s;&s;age, and word of mouth, bu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> all &s;uch as gave him cau&s;e to de&s;paire o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the comming or meeting of any o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> them.</P>
<P>Neverthele&s;&s;e at the day appointed Sir <HI>Hamon L'E&s;trange</HI> travailed to th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> place (which was about eighteene mile<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> from his owne hou&s;e) and there under|&s;tood of one Gentleman who had bee<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> there and was departed,<NOTE PLACE="marg">R. P.</NOTE> and one onely
<PB N="13" REF="8">met there and &s;tay'd of the many Gentlemen &s;ummoned and concerned.</P>
<P>Sir <HI>Hamon</HI> &s;ignified to him the cau&s;e of his de&s;ires of a meeting, and after &s;ome di&s;cour&s;e pa&s;&s;ed interchangeably, Sr <HI>Hamon L'E&s;trange</HI> offered his &s;ence and opinion, that if the heate and ear|ne&s;tne&s;&s;e of Mr. <HI>Toll</HI> (who was then <HI>Mayor</HI> of <HI>Linne,</HI> and the mo&s;t power|full man thereof, both by his Office and his Member&s;hip of the Hou&s;e of <HI>Commons</HI>) might be mitigated and a|bated by a generall rea&s;onable compli|ance for amends and &s;atisfaction to|wards the <HI>Ho&s;pitall,</HI> it might advantage all the Gentlemen in better acceptance towards Mr. <HI>Toll,</HI> and the <HI>Burge&s;&s;es</HI> of <HI>Lynne,</HI> and coole their rancour and in|flammation towards further &s;uites and vexations of all the Gentlemen; Sir <HI>Hamon</HI> further &s;hewing that the &s;umme of 551 l. 4 s. 6 d. impo&s;ed in charge of damages was extremely exce&s;&s;ive, when hee had offered to maintaine and prove (by Mr. <HI>Kirbyes</HI> allegations and otherwi&s;e) that
<PB N="14" REF="9">le&s;&s;e then 100 l. would have made i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> (as it was left at the render of th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Towne) in as good a condition to th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> full as it was before the &s;iege. At lengt<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Sir <HI>Hamon L'E&s;trange</HI> produced a wri|ting (conceived and dige&s;ted by him and &s;ub&s;cribed by him&s;elfe and M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&punc; <HI>Clench,</HI> and &s;ub&s;cription al&s;o promi&s;e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> by Mr. <HI>Dereham,</HI> but after retracte<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &amp; refu&s;ed) which writing he intende<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> to have communicated to all the Gen<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> thither &s;ummoned and reque&s;ted, and hoped it might have received their ap|probation, as al&s;o have given &s;atisfacti|on to the <HI>Mayor</HI> &amp; <HI>Burge&s;&s;es</HI> of <HI>Lynne</HI> which writing was as followeth.</P>
<LETTER LANG="eng">
<P>Whereas the Ho&s;pitall or Alme&s;hou&s;e o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <HI>Geywood</HI> (in the county of <HI>Norfolke,</HI> o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and belonging to the Mayor &amp; Burge&s;&s;e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of <HI>Lyn</HI>) was (in <HI>1643.</HI> by the comman<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of the then Mayor of <HI>Lynne</HI> at the tim<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f the &s;iege thereof) uncovered and mad<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> inhabitable for the poore people of the &s;ame, which damage was further aug|mented and increa&s;ed after the render o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Towne, the walles and other materi|alls
<PB N="15" REF="9">of the Ho&s;pitall being demoli&s;hed, and taken and imployed (by the Gover|nour there) in and about the works and fortifications of the &s;aid towne, wee (who&s;e names are hereto &s;ub&s;cribed) being moved with compa&s;&s;ion for the lo&s;&s;e and damage of &s;o good a worke and monument of charity, and willing that it &s;hould not peri&s;h but be revived and pre&s;erved to po&s;terity, and de&s;irous to remove the trouble and delay which by di&s;putes of comparative di&s;tributions may ari&s;e, and con&s;idering the nature of the worke, and the power and force in|vitatory of acts of mercy and goodne&s;&s;e, (and that the moment and charge by con|tribution from many is rendred light and ea&s;y to every one) doe freely and cheerefully give and be&s;towe, and pro|mi&s;e (upon demand) to pay ten pounds a peice for and towards the reedifying of the &s;aid Ho&s;pitall, or Alme&s;hou&s;e, as un|der our hands and &s;ub&s;criptions is in this paper hereafter expre&s;&s;ed.</P>
<CLOSER><DATELINE><DATE><HI>Aprill 15. 1647.</HI></DATE></DATELINE></CLOSER>
</LETTER>
<PB N="16" REF="10">
<P>This writing had rea&s;onable and faire acceptance of the Gentlemen, but <HI>reinfecta</HI> for want of appearance, and Sir <HI>Hamon L'E&s;trange</HI> and the Gentle|man tooke leave each of other.</P>
<P>In&s;tantly after the gentleman being gone down the &s;taires,<NOTE PLACE="marg">R. P.</NOTE> returned againe to Sir <HI>Hamon L'E&s;trange,</HI> and complain|ed that hee was much abu&s;ed, for through his letter and invitation hee came thither, and was now arre&s;ted at M^r^. <HI>Tolls</HI> &s;uite by one of the two per|&s;ons that followed him (which two had kept clo&s;e and undi&s;covered;) Sir <HI>Ha|mon L'E&s;trange</HI> was much much troub|led thereat, and prote&s;ted (as he now doth in the name and word of a gentle|man and a Chri&s;tian) that he was alto|gether innocent and ignorant of any &s;uch intention, practi&s;e or purpo&s;e, and one of the officers &s;aid, he <HI>dur&s;t &s;war<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> that Sir <HI>Hamon L'E&s;trange</HI> knew no|thing thereof, and Sir <HI>Hamon</HI> him&s;elfe had no &s;ooner &s;aid, <HI>for any thing that I know I may be are&s;ted al&s;o,</HI> but forth|with he was al&s;o accordingly arre&s;ted.</P>
<PB N="17" REF="10">
<P>And whereas Sir <HI>Hamon L'E&s;trange</HI> conceived the arre&s;t to be concerning the <HI>Ho&s;pitall,</HI> afterwards he percei|ved upon the plea and declaration of M^r^. <HI>Toll,</HI> that he contrived a new Acti|on again&s;t Sir <HI>Hamon L'E&s;trange</HI> and other gentlemen for his impri&s;onment, and laid it at very great damages, hop|ing that the great number of defend|ants (as many hands make light work) might invite the Jury to a liberall ver|dict, the former recovery at <HI>Bury</HI> being farre &s;hort of his content and &s;atisfacti|on, but his wrong calculation was &s;oon convinced by the cleare &s;ence of the <HI>Judges</HI> in open Court, declaring that he was barred from a &s;econd action by acceptance of the verdict at <HI>Bury.</HI></P>
<P>Thus M^r^. <HI>Toll</HI> for the accompli&s;h|ment of his owne ends deceived Sir <HI>Hamon L'E&s;trange</HI> his confidence, and further expo&s;ed him to become a &s;u&s;|pected object of unfaithfulne&s;&s;e to|wards others; but he hopes that to can|did thoughts this narrative will wa&s;h him cleane from the &s;oile of any &s;uch
<PB N="18" REF="11">&s;illy con&s;piracie again&s;t him&s;elfe, or unworthine&s;&s;e towards others; And for &s;uch as have been and &s;till continue actours and abbetters in the reproach of Sir <HI>Hamon L'E&s;trange, let them bee filthy &s;till,</HI><NOTE PLACE="marg">Revel. 22.11.</NOTE> <HI>Con<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">umeliae &s;pretae exole&s;|cunt, &s;i ira&s;care agnitae videntur,</HI> Contu|melies are be&s;t confuted by neglect and contempt, to bee angry is to confe&s;&s;e the charge.</P>
<P>So much for hi&s;tory and vindication, And now <HI>Ille ego</HI>- I am the man that have thus crept into the pre&s;&s;e to &s;hew the oppre&s;&s;ion of my reputation by &s;ome who&s;e &s;elfe-&s;eeking ends are their be&s;t oratory, and who furrow their browe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> at the noy&s;e or apparition of any thing that may endanger to le&s;|&s;en or lighten them in the &s;cales of rea|&s;on, and thinke with the <HI>Sepia</HI> or <HI>Ink|fi&s;h</HI> to hide them&s;elves in the black and muddy water of malediction of o|thers; And I thanke them for this un|kind &s;ummons, and &s;hall now repre|&s;ent unto them (as in a gla&s;&s;e or mir|rour which hitherto hung <HI>atergo,</HI> at
<PB N="19" REF="11">their backs and behind them) the face of their owne &s;tate and condition vive|ly pourtrayd with the &s;ame penicil and parallells with mine, by which they &s;hall not envy me their fellow&s;hips in my fortune by any lawfull meanes, as by unlawfull it was and ever &s;hall be as farre from my thoughts as unworthy of a Gentleman, and an hone&s;t man.</P>
<P><HI>Acts of Community, Society, and Adhae|rence bind all &s;uch as are parties there|unto.</HI></P>
<P><HI>The Mayor, Aldermen and Common Coun&s;ell of a Towne, City, or Corpora|tion, agree together in the defence thereof, and who&s;oever therein adhaeres thereunto by either open &amp; expre&s;&s;ed, or tacite con&s;ent, or not expre&s;sed di&s;&s;ent, is liable to the fortune and event of every Act of the Mayors command proper and u&s;uall, or probable and rea&s;onable, to|wards that defence.</HI></P>
<P>Here I &s;ay fir&s;t the Mayor, &amp;c. who hath the power of Government <HI>Ma|gi&s;tratus opidanos obligat intra eos actus qui&s;olent ab ip&s;is imperari,</HI> The Ma|gi&s;tracie
<PB N="20" REF="12">binds the Inhabitants in &s;uch things as they u&s;ually command, <HI>alio|qui con&s;en&s;u opus e&s;t,</HI> otherwi&s;e there mu&s;t bee a con&s;ent, and therefore I &s;ay doe agree together, (which agreement is mentioned page the &s;econd) and then <HI>facta per regentes Civitatem &s;unt facta per ip&s;am Civitatem,</HI> the act of the Ma|gi&s;trate is the act of the Towne or City, and <HI>qui Civitatis vice fungitur rebus op|pidanorum uti, perdere, &amp; alienare po|te&s;t ob publicam utilitatem quae privatis aliquod jus in aliena concedit,</HI> the Ma|gi&s;trate (who is the repre&s;entee of a Town) may take, &s;poyle, and exchange the goods of the Inhabitants for the common profit &amp; pre&s;ervation, which al&s;o gives every private man a right one unto another.</P>
<P>Then I &s;ay <HI>Adhaeres,</HI> &amp;c. the Civilian &s;ayes <HI>Adhaerentes dicuniur qui &s;unt ejus|dem velle eu jus e&s;t ille vel illi cui vel qui|bus fit adhae&s;io,</HI> They are &s;aid to Adhaere who are of the &s;ame minde with them to whom they adhaere.</P>
<P><HI>Plaine</HI> and <HI>Po&s;itive Adhaering</HI> is
<PB N="21" REF="12">by agreement, helpe, coun&s;ell, liking, approbation, and this in mat|ters of criminall offences branches into Acce&s;&s;aries
<LIST>
<ITEM>before,</ITEM>
<ITEM>after.</ITEM>
</LIST></P>
<P>There is al&s;o <HI>Adhaering</HI> of <HI>Privation</HI> (as I may call it) like our <HI>me&s;pri&s;ion</HI> by not forbidding, not countermanding, not di&s;wading, not di&s;covering.</P>
<P>But in the greate&s;t and le&s;t offences as <HI>trea&s;ons</HI> and <HI>tre&s;pa&s;&s;es,</HI> (of which la&s;t our alledged offence is a &s;pecies or branch) there are no Acce&s;&s;aries but all are Principalls.</P>
<LIST>
<ITEM>1 The Gentlemen re&s;orted to <HI>Lynne,</HI> and concurred with the &s;ence of the <HI>Mayor</HI> for the defence of the Towne.</ITEM>
<ITEM>2 They daily dieted and tabled to|gether.</ITEM>
<ITEM>3 They daily otherwi&s;e met, confer|red, &amp; con&s;ulted for their owne pre&s;er|vation &amp; defence of the Town of <HI>Lyn.</HI></ITEM>
<ITEM>4 They contributed to the mainte|nance of the Souldiers, every one in|&s;erting his name, and the &s;umme hee gave per weeke in a li&s;t or paper.</ITEM>
<PB N="22" REF="13" MS="y">
<ITEM>5 They nominated one of them|&s;elves to be collector and di&s;tributor of tho&s;e monies.<NOTE PLACE="marg">R. P.</NOTE></ITEM>
<ITEM>6 They went the rounds nightly in their cour&s;e, according to a &s;et rule.</ITEM>
<ITEM>7 They daily over&s;aw, and gave di|rection in the works and fortifications, and therein Mr.<HI>D.</HI> was the prime <HI>In|genier</HI> by his late before long conver&s;e and ob&s;ervation of the fortifications at <HI>London.</HI></ITEM>
</LIST>
<P>Thus their <HI>Adhaerence</HI> is &s;ufficiently &s;et forth and manife&s;ted, and con&s;e|quently clearely &s;entenced liable by the opinion of the Judges openly deli|vered as is mentioned in the copy of the letter dated <HI>April</HI> the 6. 1647. p. 6.</P>
<P>La&s;tly I &s;ay <HI>Adhaering</HI> to &s;uch agree|ment is liable to the <HI>fortune of every Act of the Mayors command, proper and u&s;uall, or probable and rea&s;onable, towards the defence.</HI></P>
<P>Here Defence is the &s;ubject, and eve|ry act conver&s;ant therein (which mu&s;t bind the <HI>Adhaerers</HI>) ought to be &s;uch as (with re&s;pect to all the Circum&s;tances
<PB N="23" REF="13">of war) is u&s;uall and practi&s;ed, or agree|able to the be&s;t rea&s;on, &s;ence and equi|ty, and untill a negative bee had, the affirmative allegation, and pre&s;umpti|on herein &s;tands good.</P>
<P>Here I might enter into a &s;pacious field of matter, but I will not hazard to lo&s;e my &s;elfe by excur&s;ions; what is &s;aid may &s;erve to the &s;cope intended, which was to lay downe the Po&s;ition, Definition, De&s;cription and Proofes of Adhaerence and Adhaerers.</P>
<P>If any will alledge and plead this or that damage was otherwi&s;e or more then I meant, this will not &s;erve, being either u&s;ually practi&s;ed or proper to the work, or not contradicted or oppo|&s;ed, <HI>ex toto enim nolui&s;&s;e debet qui im|prudentia defenditur,</HI> he that will &s;ave him&s;elfe again&s;t the charge of this or that which is done, mu&s;t have appeared altogether unwilling before it was done.</P>
<P>Nor will it &s;erve to &s;ay I was not pre|&s;ent when this or that was done, or I wi&s;hed or would have been gone (as
<PB N="24" REF="14">Sir <HI>Hamon L'E&s;trange</HI> &amp; others, though that &s;peaks mo&s;t rea&s;on where follow|ed a totall after defection or falling off) or &s;uch an one did mo&s;t, (and therein Sir <HI>Hamon L'Estrange</HI> hath not where|of to boa&s;t) or to make comparative al|tercations or impeaching one another, (as &s;chooleboyes when they goe to whipping) but <HI>actum e&s;t,</HI> the match is made, and al concurred in the common action, and hee that did lea&s;t meant to take the benefit of him that did mo&s;t; rather the argument lies mo&s;t again&s;t them that did lea&s;t, becau&s;e like lazy droanes they meant to eate the hony of others labours, and ta&s;te what they never toyld for: but the <HI>Imperiall</HI> and <HI>Civill</HI> law (which ought to Judge in all que&s;tions of Warre &amp; Armes) tells us, <HI>In &s;ocietate pactum de lucro intelligitur etiam de damno,</HI> In Partner&s;hip the match is made whether we gaine or lo&s;e, and every one to beare his pro|portion, and <HI>aequum e&s;t ut communia habeantur damna quae &s;ocietatis cau&s;a contingunt,</HI> It is ju&s;t that damages
<PB N="25" REF="14">&s;hould be repaired in common which <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n community were committed.</P>
<P>And to weigh it yet more exactly by <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he be&s;t royall Standard, <HI>David</HI> &s;ayes,<NOTE PLACE="marg">1 Sam. 30 24.</NOTE> <HI>As his part is that goes downe to the Bat|tle, &s;o &s;hall his part be that &s;tayes by the &s;tuffe, they &s;hall all part alike,</HI> nay hee goes further and makes it a perpetuall act, <HI>And it was &s;o that from that day for|ward he made it a &s;tatute and ordinance unto this day.</HI><NOTE PLACE="marg">25.</NOTE></P>
<P>But <HI>pe&s;&s;imum venenum &s;ua cuique vti|litas,</HI> &s;elf-&s;eeking and private ends and profit does often &s;o befogg and darken Judgement that what is equitable and generous cannot be di&s;cerned.</P>
<P>Had the Gentlemen either at the fir&s;t re&s;ented the violation of the <HI>Ar|ticles,</HI> as the common concernment, and every one &s;aid to him&s;elfe <HI>nunc mea res agitur,</HI> when the neighbours hou&s;e was on fire; Or hearkned to my mo|de&s;t de&s;ires according to the <HI>ju&s;tum &amp; decorum</HI> of our confaederation, and &s;houldred together for the mainte|nance of the partner&s;hip &amp; &s;ociety be|gun
<PB N="26" REF="15">at <HI>Lynne,</HI> and pleaded togethe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> our <HI>Charter</HI> of the <HI>Articles</HI> for our de+fence and indemnity, I had not been &s;ingled out and made the &s;ole or chief anvile of the highe&s;t di&s;plea&s;ure fo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> that action, which (to our &s;ence) was a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> clearly aboli&s;hed by tho&s;e <HI>Articles,</HI> a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Sun ever &s;hined; Nor had there bi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> place le&s;t for the&s;e jealou&s;ies and con+tumelies of the Gentlemen, nor for thi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> mine <HI>Apologie</HI> and vindication; In th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> meane time I mu&s;t tell them they are all in my debt, and &s;ome of them have paid me the wrong way, and though the re&s;pect to my numerous family and i&s;&s;ue may move me to &s;ay unto them with the <HI>Epigramati&s;t,</HI>
<Q><L>Igno&s;cas petimus <HI>Vacerre</HI> tanti</L>
<L>Non e&s;t ut placeam tibi perire;</L></Q></P>
<P>Yet when my few and &s;hort argu|ments for the law of <HI>Society</HI> &s;hall be an&s;wered, (wherein &s;ome of them who are forward enough, <HI>projicere ampull as, &amp; &s;e&s;quipedalia verba,</HI> &s;hall do well to appeare) I &s;hall then mo&s;t willingly ac|quie&s;ce to have paid mo&s;t of all the
<PB N="27" REF="15">&s;core, and give a di&s;charge, and till then <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> charge mo&s;t of the gentlemen either never at all, or too little to have learn|ed, or too much, and too &s;oone to have forgotten, tho&s;e ju&s;t &amp; excellent rules and dutyes of humanity, entercour&s;e, civilityes and deportment (in all acti|ons and affaires of life) taught us by our old Tutour <HI>Tully</HI> in his Offices, of which booke (as we &s;ay the Quartane Ague is <HI>opprobrium medicorum,</HI> the &s;hame of Phy&s;itians, becau&s;e it po&s;eth them to cure it) &s;o I &s;ay of that booke of the Offices (<HI>in cujus nomine animi|tus &s;emper recreor,</HI> to borrow a few of his own words) though by an heathen, is &s;o divinely written (pardon the exu|berance) as may bee called <HI>opprobrium Christianorum,</HI> the &s;hame of all chri&s;t|ians to be &s;o po&s;ed in the practi&s;e.</P>
<P>I have here &s;pread plaine and &s;mooth to open viewe the charge and imputa|tion upon mee, and my defence and an&s;wer thereunto, And after I indict the Gentlemen at the common barre of univer&s;all opinion and Iudgement
<PB N="28" REF="16">(wherein neverthele&s;&s;e I except a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ab&s;olve &s;ome of them,
<Q>Queis meliore luto finxit praecordia Titan,</Q></P>
<P>And who have opened and offer<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> them&s;elves in all genero&s;ity and ju<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> rea&s;on to me) upon <HI>Apo&s;tacy</HI> and r<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">+volt from the &s;olemne principles <HI>&s;ociety</HI> and <HI>confaederation;</HI> if th<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> confe&s;&s;e the Indictment I leave the<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> to the fortune of a fine and cen&s;ure <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> their reputation; If they traver&s;e, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> am ever prepared and ready with fu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">+ther evidence for the triall.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="16">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
