wanting to add fewel to their jealousie which increasing they deserted the Knot of Complicators and not only compounded with me but became also Conformable The rest stood off but not much longer The miss of so many Contributors troubled them for Seditious men as they are Malitious and care not how deeply they engage in mischief so are they for the most part Seditious out of Covetousness These also began to be jealous one of another and by degrees compounded all except Teage and Winston who in conclusion were the Asses which bare the others burdens for they were compelled to agreement on almost arbitrary Terms Thus was the storm over which by most rational mens conjectures would have sunk or wrackt me but Divine Providence reserving me to further trials permitted not this Divice to be successful their own follies ruined what in their first consultations was perniciously resolved Then I had some rest for two years the following Mayors Sir Robert Yoemans and Alderman Streamer being so generously and discreetly affected to Loyalty and the Discipline of the Church that the sly Conventicler durst not attempt by them The Bishop would not be moved and the Law gave him no encouragement The Adversary had during the late times of Confusion concealed the Vicaridge Rights and hoped to have involved them in Custom insomuch that at my first coming thither my yearly accounts of the Vicaridge Tithes Offerings and other Customary Duties amounted not to thirty pounds which by their own wrangling and disingenuous practises chiefly I had by this time raised to be an hundred and ten pounds yearly being perfectly assured they were worth thirty pounds more But I thought I had done enough and was desirous of embracing that tranquility which then seemed to Court me Nevertheless within half an year after the birth of my confidence that I should be at rest having patiently wearied the men of commotion it pleased God that I was afflicted with a violent Quartan Ague which worried me two years together Towards the end of this distemper a certain Quaker named Morrice Williams whose Wife was Master and Governor according to the methods of perverseness in general use among Sectaries fearing a Law Suit for the tithes of many years in arrears came to me and reckoned with me the account arising to twenty three pounds and upward This Debt he said he could not pay in ready mony neither otherwise in regard of his Wifes unmanagable temper But he desired me for the future to take my Tithes in kind wherein I shoulâ— have no opposition but a free allowance from him so to do and also to take as much more as my Tithes yearly until the Debt should be satisfied Tâ—is was on both sides concluded but not put in execution Morrice Williams soon after dying His Widow I designed to compel to payment being able to prove the account and acknowledgements of her Husband To this end I caused her to be summoned into the Ecclesiastical Court where she was required either to produce and prove a will or to Administer to her Husbands Estate She denied any Will made or to take any Oath in order to Administration Her refusal being entred I administred as Principal Creditor and by virtue of my Administration took into my Possession divers Head of Cattle But Mr. Thomas Day beforementioned being Landlord of what ground Morrice Williams farmed caused the Cattle to be brought back by an illegal Replevin His reasons for fetching them back were grounded upon a pretended Right that he had to â—hem as being made over to him by Morrice Williams in his life-lifetime and that the cause of this Conveyance was that Williams and his Wife being obstinate Conventiclers if their Cattle should be seised for penalties in meeting contrary to the Tenor of the Acts against unlawful Assemblies they might be disabled from paying his rent So here was a present Fraud to bassle the procedure of Justice out of pretence of an inconvenience that might possibly follow Mr. Day was that year one of the Sheriffs which swelled his confidence and gave his dishonest thoughts the larger Wings But yet this knack of the Conveyance of the Cattle did not look safe therefore at last the Widow â—ued forth of the Prerogative Court Letters of Administration and although not sworn was returned sworn by one Matthew I suppose Hazard a Nonconformist Preacher I opposed my Letters of Administration to hers and upon a Commission inquiry being made what Bona notabilia Morrice Williams had out of the Diocess at the time of his death there was only proof that a certain man owed him five pounds for Hey received from Williams but upon close examination it was found a desperate debt the Debtor owing many hundreds more than he was able to pay whereas it is required that he had of such a value in Goods or Good Debts to make it a Prerogative Case neither could they prove whether this Debtor was then within the Diocess or not This notwithstanding I being confined by sickness to my Chamber and not able to appear in or look after the managing of my Business the Administration was granted to the Widow And after my recovery being in London with my Proctor admiring how the Cause was so carried I received only this satifaction from him This it is to bring into any Court a Cause which is against the interest of the Court. Mr. Day was not content with this Victory nor with ordinary Courses for recovery of Damages pretended to be sustained in driving of the Cattle but sued my Servant to an Outlawry in the Kings Bench. The Outlawry was surreptitiously obtained and the proceedings were in the Kings Bench on purpose to make the Charge excessive before I could be able to make defence Therefore the Writ was taken out in the Middle of Hillary Term and the Man arrested and imprisoned no Bail or Remedy to be taken but that he must continue a Prisoner until by Habeas Corpus he could be brought to give Bail before one of the Iustices of the Kings Bench which could be no sooner than Easter Term. Had not Malice and Zeal to Faction spurred him on that is if bare reparation for a Trespass had been the utmost of his intention the Man might any day or almost any hour of any day have been Arrested the Cause would sooner have come to Tryal and if Justice had favoured him his damages would have certainly not have been the less for his fair and legal proceeding to Judgement However I resolved to stand to Trial having delivered a Writ of Habeas Corpus to the under-Sheriff Mr. Day began some other Phanatical Practises and daily and hourly after the delivery of the Writ some or other from him were tampering with my Servant instilling into his mind many fearful apprehensions of Mr. Days power and his own Danger and at length wheedled the silly Wretch out of three pounds and into a General Release But now I am to relate Passages in comparison
Haven flowing betwixt by any sort of injury that may be pretended in his Defence or any relating to him This first Project of William Skirm's for which the Asse his Brother as Vndersheriff was a Cloak was concerning a Bill of five pounds due to one Mr. Daniel Lewis This Lewis had been assigned payment in Corn according to his own desire but whether by his own change of mind or being inveigled in Iuly giveth me notice that he expected payment in Mony and not in Corn. Necessity compelling me to entreat his forbearance till Michaelmas following with which request he departed seemingly very willing to comply But upon the 29th day of August next following a Daughter of Lewis's and servant to Essex Merrick Esquire suspected to be a principal Contriver with Skirm came under pretence of discoursing me concerning her Fathers Debt Presently after her entry one belonging to me came and told me that there were Bayliffs near the House The Door being shut Lewis's Daughter whilst I was looking out at Window was busie in opening the Door but was seen and prevented The Chief Bayliff Henry David knockt at the Door very furiously again and again threatning to break it open alledging that he had power so to do attempting the same with a wooden Bar lying near the Dore. After these menaces he retired somewhat from the Door and made Proclamation I heard the Words and divers of my Family besides hearing saw the postures holding a large written Paper by the Corner His Proclamation was Thomas Godwyn Clark Rector of Poulchrohan I require thee in the Kings Name to come forth and surrender thy Body to me as the Sheriffs Baily upon pain of Rebellion This he did thrice and then came again to break open the Door I threatning to shoot any Person that should offer to break open any Door of my House In this manner he spent more than two hours I in the mean time wondring how strange and different from those of other Countrys were the ways of proceeding in Pembrokeshire At length my Man Servant driving home a Cart-load of Corn the Bayliffs ran to him and seized the Horses After many words passing betixt them Henry David striving to unharness them they thrusting the Man side and the Man them said the Man My Master hath entrusted me with the Horses and I will lose my life rather than part with them without my Masters Order This no sooner said but he knockt down David with the But end of a Pitchfork and after three or four dry blows drives the Cart to the place where it was to be unladen David rising up again came after him with a drawn Sword at which my Servant exasperated beat him more severely than before and by accident struck some skin from off his Arm. Before this during the time of his blustering about the House I had sent to know what his business there was with assurance of giving due satisfaction to the Law when I knew what it required and to this I had no other answer but that I must presently open my Doors and surrender my Person to him But at last upon my Servants coming he received what his behaviour demanded and so departed In returning he with Lewis's Wife and Daughter the rest were vanisht went to my beforenamed worthy Friend Mr. Nathaniel Powels house to entreat some Cordial Water for this fainting Executioner of Mr. Skirms Laws There he told a lamentable story how the Sheriff sending him with an Execution issued forth of the County Court Daniel Lewis Plaintiff I and my Servant had beaten him and rescued the Horses taken in Execution Mr. Iohn Powel being present read the Execution and the Bayliff having shewed his Wounds and Bruises went away This Execution was taken out no previous Attachment or Summons one of the two being absolutely necessary being served in order to a Legal Trial neither had I heard any thing of a Law Suit with Lewis or in the least suspected it Moreover the second of September following I caused the Cursitors Office to be searcht whether any Writ of Iusticies without which the County Court could not sue for any Debt or Account above forty shillings had been granted in this Case which was certified not to be granted But this my sawciness in examining Mr. Skirms actions which were wont to be justifiable by his bare Will made him excessively cholerick and to my face to threaten me That he would do my business Yet Skirm and one Richard Owen a Soliciter in the County Court thinking to Palliate the foulness of the Act gave out that David had no Execution but an Original Attachment to serve all which appeared to be false as well upon search into the proceedings of the Court as Mr. Iohn Powell's sight of the Execution But I must return to look after Henry David who in the way home conducting the She Setter Mr. Lewis's Daughter to her Master Essex Merricks House the complaint was made to this Worshipful Mr. Justice who immediately granted forth his Warrant for apprehending me and my Man The next morning August 30. the Constables took and brought me before this Gentleman and one Mr. Thomas I think to be his name LLoyd of Grove who required of me two Sureties for the Behaviour I replying that being a stranger in that Country I could not every where procure Sureties but if they saw good to believe me I wouâ—d this being Saturday in the afternoon certainly on Munday following bring them Security to Answer and Traverse whatsoever Indictment on any pretence should be brought into Court I explained to them Henry Davids words and behaviour and assured them that I was not near him but kept my self within the House and that he would send me no account wherefore he came thither and that I had no cause if he had told me his business to submit to an Execution in regard I had no notice to defend my Cause Mr. Merrick answered We know him to be a great Rogue but he hath sworn against you and you must either give good Bail or go to Prison I thankt them for their respects to me as a Clergy-man in refusing me a Credit than which none is more usually given to inferiour Persons especially in a matter of Complaint by so notorious a Rogue as they bespake him and then the Constables guarded me to the Town of Pembroke These Justices and most men inhabiting the County had known this Henry David to have been divers times accused of Rapes indicted and convicted of making arrests and seizures without Warrant or Cause of arresting two Widows and not allowing them time to procure Bayl but carrying them into uncooth places and there proposing to compound the pretended differences and release them upon receiving satisfaction of his Lust. For these and other enormities the Judges had fined him and commanded that he should no more be suffered to act as a Bayliff But being so much the fitter instrument for Mr. Skirm he was not in the
Assizes Mrs. Wilâ—iams Wife to the Vicar of Rosemarket in Pembrokeshire made Oath before Sir Francis Manley Chief Justice of that Circuit that this Henry David came and brake open her House after nine of the Clock in the Evening requiring submission to his leud Offers and swearing he would lye with her before he went out of the Huose and after using violence with entreaty she chanced to thrust him down backward over a Stool and escaping out of the House was compelled to lye hid in the standing Corn without Clothes for the space of three hours he in the mean time searching the House and round about the House swearing as before and at his departure with horrid execrations vowing he would have her another time although now he missed This poor Gentleman Mr. Williams being imprisoned for many years arrears of Tenths due before he became Incumbent and the House standing solitary encouraged this Villain to this impudent attempt And who now can doubt but that the eminent worth of Henry David was Mr. Merricks Mr. Meares and Mr. Skirms Excitement to a generous vindication of his injuries and the wounds given him by one whom he never saw nor knew By this denial of his knowledge of me and the Witnesses of his behaviour at my House I thought my self sufficiently fortified for defence But being detained in the Kings Bench somewhat longer than I conjectured by the exorbitant demands of Coling the Marshall and my want of mony I could not recover home before the Trial but the Cause was lost for want of defence and twenty five pound odd shillings Execution taken out against me And although I returned not home soon enough for a Trial I timed my removal from the Bench to another Prison and on Michaelmas Day immediately before Evening Prayers I was arrested by one Mr. William Morgan that year Vndersheriff or rather Mr. Skirms Deputy I often desired to know for what I was arrested but was denied only was told I should know soon enough and so forthwith was carried to the Haven side to pass over for Haverford-West where the County Prison was But at the Haven brinks Morgan surrendred me to three of his Bayliffs after he had sitting upon a Bank written this Warrant To the Bayliff of the Hundred of Castlemartin and the Bayliff of the Hundred of Roose and to William Philips Thomas LLewellin and Henry Bayliffs especally appointed By Virtue of a Capias to me directed out of the Great Sessions for the County of Pembroke these are to require you to apprehend the Body of Thomas Godwyn Clerk and him in safe Custody to keep and deliver to the Goaler of the County Prison at Haverford-West until he shall be thence legally discharged Will. Morgan Vicecom Deputat So that I was again to be apprended who was before arrested no Plaintiff named no Cause of Action mentioned The Bayliffs who were my Guardians told me that I was taken in execution at Henry Davids Suit and that the Sheriff would be with me on the Morrow on the third day Morgan comes to me I having been kept at the Goalers House in the mean time Then upon demand he told me as the Bayliffs before and ordered me to be put into the Prison Within an hour and half afterward I was committed to a Room the delicacies whereof I intending to recite do at first take leave to raise the Readers Expâ—ctations The entrance was well fenced with Locks and Chains the Room well Boarded and the Windows well Barred but had never been Glazed Bed or Bedsted there was none neither Fire nor Chair nor Stool or any kind of Seat except a Plank with three Legs and that of an odious House of Office from which was no conveyance but into the Room beneath which having not been cleansed above eight years before stunk beyond any thing to be named Demanding whether there was no other Room the Goaler answered me yes but that that was appointed for me as the best Asking further what I must lye upon he pointed There 's the Bed which was an heap of Dust mixt with something that only shewed it had been Straw and as it appeared had been the recumbency of some poor Wretches my Predecessors in Adversity I required him to procure me some fresh Straw he told me that he could not but that the Bed was good enough and that many an Honest Man had lain there without grudging I offered to give a Shilling for two Peny worth and pay the Carrier besides He told me I must be contented until Munday this being on Saturday evening and then I should have some No perswasions could prevail to the contrary So I was forced to walk all night excepting that when excessive weariness overtook me I sate on the low Tripod and with my Back against the Stone Wall never Plaistered fell asleep till awakened again with the violence of the cold I arose to walking and so by turns I passed the nights and one day I hoped to have prevailed with my tender-hearred Governour on Sunday morning to furnish my Chamber but in vain When eating time required that exerceise the loathsomeness of the Place made the thoughts of Meat loathsome also but necessity compelling I bespake it of an Inkeepers Wife dwelling opposite to the Prison but when brought the Goaler would not attend to open the Door but it must be thrust in at an hole in the Door through which a Trencher or Plate could not be delivered However on Munday I was prosperous and tumbled in much clean Straw and on Tuesday I had Bedcloathes sent but the Keeper would not open the Door to receive them till two days after In time also I mitigated the ill sents by snuffing up the wind blowing in at the holes called Windows and by smelling to the Iron Bars in them In this condition I was the most part of three weeks Some few times I got out by the Priviledge of Treating with my incomparable Adversary For being under Execution I saw no hopes of deliverance but by composition Therefore I procured some Friends to motion it and bring him to me Not to the Prison for his Nose would not brook it but I was sent for twice to an Ale-house In discourse the first time he seemed inclined to take ten pounds but made no positive agreement But at his second coming complained that Mr. Skirm and his Master Margan the Sheriff as he called him had heard of his being upon agreement with me and threatned to turn him out of his Office if he agreed with me a peny beneath the full Execution At the first hearing I imagined this to be a device to squeeze me harder but I found the contrary that he was willing to discharge me for ten pounds but dared not unless any way might be found whereby he might do it as if ignorant of the Law This I said he had done already as I judged by calling me being in Execution at his Suit out of the liberties of
Phanatical-Tenderness OR THE CHARITY OF THE Non-Conformists EXEMPLIFIED In the Practises of many of them in Bristol and others their Favourers and Accomplices in that City in London and Pembrokeshire against Thomas Godwyn Sometime Vicar of St. Philips and Iacobs Church in Bristol and now Rector of Poulchrohan in Pembrokeshire Humbly offered to His Most Sacred MAJESTY To His Royal Highness IAMES Duke of YORK c. And the Lords of His MAJESTIES most Honourable Privy Council LONDON Printed for and are to be sold by Randall Taylor near Stationers Hall 1684. To His Most Excellent Majesty King CHARLES the Second c. Dread Soveraign YOur Majesties innate Propensity to Compassion being improved by all Christian and Princely Experience hath given me hopes that this Address humbly laid at Your Sacred Feet will be esteemed if not in it self yet by it's Necessity a Pardonable Presumption As men under Pressures are required by devout Prostration of their Souls and Bodies before his Throne to implore the merciful Help and Direction of the King of Kings so in the use of the means prescribed by Divine Counsel Subjects have no more assured way to relief than by a submissive and dutiful Petitioning the Assistance of the Almighties Great and Wise Vicegerent Not that trifling Complaints should be permitted to disturb the Course of the Serenest Debates or any leap into Iordan without a Prophetick Confirmation of mind that other Waters were insufficient for effecting the Cure As the Son of a Clergyman a noted Confessor in the Late Parliamentary Persecutions and as my self suffering under Scoffs Reproaches often and tedious Imprisonments and Bonds for the same Cause since Your Majesties blessed Restauration I acquiesce and rejoyce in the Toleration Nevertheless while Obedient Innocence supports my Contentment at the same time it commandeth me to endeavour settlement in a Peaceable Estate and that especially because successful Pride groweth daily more insolent by silence and by degrees attempting upon my Neighbours also doth infringe the Royal Prerogative and interrupt the Churches Tranquility The Considerations whereof with all Humility I offer to your Princely Wisdom Praying sollicitously and sincerely for Your Majesties long and happy Life that the dangers of this beleaguered Church may be removed before your Translation to a more incomparable Crown In which will be compleated the felicity of Your Most Sacred Majesties most Humble and Obedient Subject and Servant Tho. Godwyn To His Royal Highness IAMES Duke of YORK c. Great Sir TO undertake to inform your Iudgement how pertinaciously Malitious how pestilently Reproachful how impudently Dissatisfied and implacably Cruel Men listed in the Rowls of Faction are were to say That your Royal Father and Brother and your self High Prince never felt the sharpness of those Vulters Claws nor disgusted the Poyson of those Asps. But in regard of the Danger of permitting an Execrable Brood to live to maturity for mischief each private Man is as it seems to me obliged to detect them Grace and Clemency in their King work no more upon those inform Mindes than to create in them an audacious Confidence to suggest Him unthinking and too soft to Govern Meekness and Temperance in their Fellow-Subjects is their invitation to Injury And the Compliance of the Knave and Fool-Trimmer encreaseth their Insolence For this Good Man furnisheth even the Archest Hypocrites with formal Lyes and frameth Pretences under which to shelter them while they Level at the Government They indeed commend Moderation but at the same time condemn it as Pusillanimous encouraging the Age wherein they live to the severity of the Execution of Iustice For the Scourge only quieteth them and if they are not themselves blooded they fall mad and terribly infest all others with bloodsheding May it please you Great Prince favourably to admit this Reason for the Publication of these Papers and this Apology for a Suffering Church-mans most humble Tender of them to your most Iudicious Observation That As I judged the Imposers and what hath been imposed upon me ought not to be longer concealed so neither can I expect remedy by private Means and have therefore recourse to the Royal Fountain I would gladly pass the rest of my Days in tranquility if God be pleased to permit it and should most unwillingly see other well-meaning Persons ashamed of their Duty through my Cause To prevent which I am prostrate before you beseeching your Mediation for and Protection of Your Royal Highnesse's Most Humble and Most Faithful Servant and Orator Tho. Godwyn Phanatical-Tenderness OR THE CHARITY OF THE Nonconformists c. I Have been long perswaded to Publish to the World the barbarous usage and insolent behaviour of the malitious Nonconformists of the City of Bristol especially the Presbyterian Faction toward me the space of twenty years past either as they acted under the pretence of Religion with a barefaced contempt of God and the Laws established or as they privately suborned their Instruments under pretensions of Legal Proceedings I hitherto desisted not thinking it meet to add weight to the sorrows which opprest good men while they beheld their most beauteous and dear Mother torn and bespattered by tender Consciences men breathing out nothing but Zeal and Purity But when these Fits of rude Zeal not curable by the Gentle Means which had been long administred brake out into open madness and needing severer Remedies the Patients are reduced to an unwilling Submission I would gladly in Peace thank God for confirming his great Mercies of Restauration with these signal ones of His Most Sacred Majesties and our admired and envied Churches Preservation To my attainment of this Peace I thought nothing more conducing than a Publication of the practices of these men upon my Reputation Estate and Person My Verbal Relations have seemed incredible to many I will therefore exhibit in Print the Actions the Actors the Times and Circumstances with that ingenious Fidelity which becomes a Clergyman and a Gentleman aggravating or heightning nothing out of Passion but so sincerely and nakedly delivering each passage that my bitterest enemies shall not be able to contradict or if to contradict yet not to jâ—stifie me guilty of any Error unless in sparing them through forgetfulness of some of their many injuries Those which blacken the first Pages are not so amazing as them standing at the foot of the Catalogue no wickedness being fully audacious in an instant but strengthned by Time and Counsel and growing by Success Yet have they among many undiscerning Tempers been received and allowed as sufficient Cause of Justification for what did follow of a more violent Nature Calumnies indeed some of them are and therefore not of themselves matter of complaint in the judgement of one who would be esteemed a man but as they moved forward the most fatal Engines of Cruely I conceived that they ought in order to take place in this account The most eminent Sufferers whom the World hath seen to fall under the rage of a
by Mr. Archodeacon Pleydel before named six Vestry men the Church-wardens being not at home and some other substantial Parishioners being present From the Church I went to the Vicaridge House and took possession thereof without the least opposition and after some time spent in it in discoursing I departed first delivering the Keys of the Church and House to the Parish Clerk in the sight of the Archdeacon and of those Vestry men and Parishioners who had accompanied me to be kept for my use and so went home to Filton In the morning I returned and at the usual time began to read Divine Service and proceeded therein unto almost the end of the second Lesson without any persons gain-saying or motion to the contrary except that Mr. Cary while I was reading the Seraphick Hymn went up into the Pulpit and after some stay there being beckoned to by his Brother Iohn Cary a factious busie fellow came down again and with his Brother and Thomas Warren went forth of the Church and in a short space returned with about ten more in company Eight of these Mr. Thomas Cary standing by bidding and encouraging them with promises of Indemnity came to the Reading Desk interrupting and requiting me to cease Reading and come down One took the Bible another the Service Book from before me others pluckt me by the right Arm and some by the right Leg and in so violent a manner drew me out of the Seat that my right Leg was pulled down three steps the other remaining above by reason of somewhat in the way hindring its moving and their hasty Fury allowing me no time to help my self By their so spreading me I was put to inexpressible torture and am yet lame and do doubt I shall continue so while I live Having drawn me out they pluckt off the Surplice and tare my Gown and set up their Idol in my place This commotion began just at my reading the stoning of St. Paul out of the 14th of the Acts the second Lesson for that day being the Festival of St. Barnabas I stayed in the Church until Mr. Cary had ended his Sermon but when I was come into the Church-yard the Constables who it appeared were of the persons who dealt so barbarously with me laid hands upon me to bring me before the Mayor for breaking the Peace and causing a disturbance and uproar in the Church I told them that I would willingly go with them for that I thought my Reading Divine Service could be no breach of Peace or cause of Disturbance but was rather of opinion that their Actions would be interpreted no less than riotous Coming before Sir Robert Cann then Mayor they began a grievous complaint That I had kept Mr. Cary out of the Reading Desk and had disturbed the Congregation and had beaten them being Constables endeavouring to keep the Peace When silence from their impertinent Falsities gave me liberty I acquainted Sir Robert of my Collâ—tion Induction and other Acts before related and that I was no otherwise concerned with any Person than by performing the Requisites of my Office according to the injunctions of the Church until these men interrupted and laid violent hands upon me The Mayor told them That whereas they had accused me themselves were the Offenders requiring of them to appear the next morning at the Toulzey Thither I came with Mr. Pleydell and such Witnesses as both saw my Induction on the Saturday and mine and the others demeanor on the Sunday and Mr. Cary came with his Ianizaries There were present on the Bench the Mayor Sir Iohn Knight Alderman Oliffe Alderman Knight and others to whom giving an account of what had happened the preceding day I desired the Offenders might be punisht and I restored as I ought to possession of my Church Sir Iohn began to examine Mr. Pleydell by what Power he gave me Induction who answered by virtue of a Mandat from the Bishop of the Diocess Sir Iohn desired him to shew it that themselves and their Town Clerk reading it might judge whether it were sufficient to enable him to do what he had done That Mr. Pleydell answered That as soon as he had by an indorsement certified his Act he returned it me Sir Iohn very fiercely demanded it of me to whose demand I replyed That my business before them was not to examine the Legality of the Title but the force and violent retaking possession and the Riot committed in a consecrated Place upon a Person exercised only in officiating in the Church That Mr. Pleydell and so many other Witnesses proving my peaceable Induction and Possession I ought to be restored and that Mr. Cary had his remedy at Law if Institution and Induction had been given me upon unjustifiable grounds Mr. Rumsey the Town Clerk squeekt it for Law That if I refused to shew my Title Mr. Cary ought to be continued in Possession So said Sir Iohn Knight and Alderman Iohn Knight The Mayor and Alderman Oliffe declared their Opinions That my Possession being no forcible Entry but proved to be taken without opposition I ought to be reinstated in it and that they were no competent Judges of the validity of mine and Mr. Cary's Titles which must be left to a Superiour Decision Mr. Rumsey continuing to deliver himself in the former Opinion Sir Robert Canne persisted to declare his thoughts to be as before the same and said further to Mr. Rumsey Mr. Town Clark You are by your Office to direct us what is Law and if you misguide us as I very much suspect you now do look you to it Thus Malice or lgnorance or both prevailing against Justice and Reason I was left to seek Redress where else I could find it none to be obtained there But to to make a shew of Justice on the Wednesday following a Iury was impannelled every person thereof being noted Conventiclers to enquire of the Force but no notice thereof was given me nor Mr. Pleydell nor any other concerned with me This Iury readily brought in against me a Verdict of forcible Entry and he who had twice made forcible Entry first by putting a Boy by Ladders to go in at the Church Steeple to open the Doors and secondly by pulling me violently our of the Reading Place was continued in Possession But as to the Action in the Church I caused Mr. Cary and as many more as I knew engaged in it to be cited in the Ecclesiastical Court and prosecuted upon the Statute of the 4th of K. Edward the 6th This Prosecution was so managed that notwithstanding many arts used and delaying practises Mr. Cary was forced to beg an agreement Which he did first by Mr. Horn a Revetend Prebendary of the Cathedral coming to Mr. Pleydells to entreat his intercession whom Mr. Cary presently followed into Mr. Pleydells House vouchsafing although a Thing otherwise of most exalted Spirits to desire him to interpose between us and prevail by a Reference to put an end to the difference
It was my hap to come thither a little space before Mr. Horn. Mr. Pleydell telling him that I was in the House said withal they should have a speedy Resolve The day before I received a letter acquainting me that my Lord Chancellor had received satisfactory accounts of the injuries I sustained by the Lord Holles and his Nonconformist Clients and had granted me a Presentation to a Benefice in Pembrokeshire which was already past the Seal This Letter put me upon Consultation whether it were best for me to prefer this or my Bristol Interest In conclusion my hopes of a more peaceable life in Wales than Bristol induced me to accept of an agreement if such were offered as would indifferently compensate my Charges But before any thing done I judged it became me to receive my Diocesans directions who approving my conceptions this Treaty of accord being offered I embraced it Not as a Reference which was very much urged but if by proposals and arguments on each side of the reasonableness of them any accommodation could be wrought I consented to a meeting in the Evening at Mr. Alderman Oleffe's House in order to it The four present were alone mentioned the persons to meet but when I came thither I found Mr. Penwarden Rector of St. Stephens Mr. Brent of St. Thomas and one Mr. Fry an ingenious Clergy-man living in the City but not beneficed Between the time of my promise to meet and our meeting Mr. Horn had some conference with the Bishop concerning it and brought with him a Letter wherein his Lordship advised me to accept fifty pounds which he found Mr. Horn on Mr. Cary's part inclined to give It came open and had been seen by the Company before my coming and Mr. Horn and Mr. Cary had offered forty five pounds When I had read his Lordships advice I was told what had been proposed to which I answered That I should not have accepted so small a sum as fifty pounds if his Lordship had not thought fit that I should accept it I not being wont to call my Bishops judgement in question especially his of whose very good affections towards me I was so well assured but if that I were paid our differences should be at an end Forty five was the most they offered but I would abate nothing of fifty At length Mr. Brent directing his discourse to me in exhortations to Peace I told him that I would refer the Cause to himself if he pleased by but three minutes reflection to consider it and make it his own case The rest of the Company perswaded Mr. Brent to undertake the decision of this Matter who in short time after a second demand whether each of us would abide his Judgement ordered Mr. Cary to pay me the full fifty pounds On the other hand I was ordered the next Court day to withdraw my Suit commenced in the Spiritual Court secondly to give Mr. Cary a General Release upon the payment of the mony thirdly to sign when tendred to me such a Writing as Counsel should advise whereby I should be obliged neither by my self nor any other persons by my procurement to molest Mr. Cary for any Act or Thing done before the Sealing of it I was herewith very well satisfied and Mr. Cary seemed so much more giving Mr. Pleydell and Mr. Horn not only verbally but otherwise great thanks for their pains taken in bringing us together and to Mr. Brent the like for ending the Controversie Afterwards Mr. Cary and I shaking hands and all animosities laid aside Mr. Cary desired of me forbearance of payment of forty pounds of the fifty for that he was not at present furnisht with so much mony I agreed to forbearance of thirty pounds if he gave me Bond and Security for that sum and paid me twenty pounds in the mean time At length it was concluded between us this being on a Friday Evening that on Munday following he should pay me twenty pounds by two of the Clock at the same House and there likewise give me Security for the remaining thirty This being private discourse when agreed upon we related it to the Company before whom also he desired as a kindness my delivering to him my Books of Accounts and what Papers I had relating to the Parish Tithes and Customs which I promised But when Munday came Mr. Pleydell and I appearing at the Place and Mr. Cary after some stay beyond the time appointed coming with his Brother Iohn Cary I began to discourse him concerning our business telling him that I had performed according to Mr. Brents Order what I was on my part to do that is I had in the presence of his own Proctor withdrawn the Cause and was ready to sign the Release and other Writing upon receit of the twenty pounds and Security for the rest He hereupon was no more the former Mr. Cary who sued to me by his Friends and himself for an Agreement and seemed as it were transported to another World upon the Composure but began to deny Security affirming that he would never have any man engaged for him but if I would take his own Bond for payment within three years that he would give And this was all the satisfaction I have received to this day Sir Iohn Knight I imagine upon good grounds out of his inveterate malice to me disswaded him from performance of his promise whose counsel Mr. Cary finding himself out of danger by my withdrawing the Suit did readily entertain partly out of his own disposition to integrity partly in imitation of the pious Examples of the Parties which set up and protected him This was done in August but at the Michaelmas following I arrested him upon the Contract by an Action taken out of that which they call there the Pye-Powder-Court My Attorney declaring on my behalf a Rule being entred requiring their Plea by such a time it was not filed or delivered in divers Courts after the time limitted Whereupon he being called in Court and not appearing Judgement ought to have been entred on my behalf But contrariwise there was a juggle with the Clark of the Office who was one of the Attureys for the Defendant a thing I suppose scarcely justifiable and another Atturney pretending the Plea to have been brought into the Office in Court time which ought to have been delivered not only before that Court was called but before three Courts preceding that I required my Atturneys to take no notice of their Plea but strictly to proceed to Judgement and Execution But the Steward of the Court refused to enter Judgement and ordered a Jury to be Impanelled for the Trial of the Cause the next Morning I intended to have kept to the advantage given me resolving to prosecute the Steward in case he should continue partial but being perswaded that a Trial could not be my disadvantage in a Cause so just and plain I was prevailed with especially hearing the Names of the Iury-men who in my Conscience