furiously belched out foul language and after such Terms used the Grandmother threatned me to acquaint the Mayor with what I had done To all that was said I made no reply but walkt on with silence until that last womanish threatning to which turning about I answered The Mayor will much thank you for it Immediately the Mother bawls out What do you not care a Fart for the Mayor The Brawl oceasioned a great concourse among which were some good people but especially five men who had often rebuked the women for their misbehaviour To these as soon as the women had spoken the words I said It 's a thousand to one but these malitious women will inform and insence the Mayor with the words pretended to be spoken whereas you can testifie that nothing like it came from me I did not in the least suspect that the Mayor could be so wretchedly silly as to take notice of it but conjectured that through their want of discretion a Gossipping or Pick-thank story might be promoted But the next morning came two Sarjeants to my House requiring my appearance before Mr. Mayor immediately at the Toulzey I desired to see their Warrant but they answered that they were the Mayors Sarjeants and their Persons were Warrants I refused to go without a Warrant but they laid hands upon me and compelled me At the Toulzey were present the Grandmother and the Mother who sware that I said I did not care a Fart for the Mayor The Mayor and Aldermen then present expect Sir Thomas Langton who departed saying to his Brethren You do not do well to hearken to Womens Title Tattles I 'le be gone required me to give sureties for the answering at the next Quarter Sesons and the Behaviour in the mean time But I had sent for the five men before mentioned who offered to swear That being between me and the women they heard all the words by me uttered at that time while the Women were Brawling but that they did not hear any such words spoken by me Sir Iohn Knight the Elder who esteems himself an Oracle of the Law told them this was a Negative Oath and would signifie nothing I argued That if I had spoken such words the place where they were said to be spoken was not within any part of the City but in Glocestershire and that in the Womens Oath there was no mention of any particular Mayor of Glocester more than Bristol or Bristol than Coventry but to manifest that I was not so ungratefully ill-bred as causelesly to affront so eminent a Magistrate and one of my Patrons I offered to take my Oath that I was so far from speaking those words that they were not so much as in my thoughts until the Womens speaking them But Sir Iohn could speak nothing but Law and that discreetly and accepted neither my asleveration as a Clergyman nor my Oath as a man two witnesses swearing positively and my Oath being only negative and in my own Cause I urged again That if any person had been faulty in speaking rudely of another to any ingenious men his being ashamed thereof was sufficient satisfaction and that it was satisfaction enough in my judgement that my self and five more persons of known repute could swear the words not spoken by me and what I offered was argument enough that I esteemed such language misbecoming me that it could not appear other than Malice and Revenge in the women and lastly that if the words had really been spoken I saw no ground that they had for such proceeding but that my rudeness was my own punishment Sir Iohn insisted upon the positive Oaths and required surety which I denied so much as to seek for So my Mittimus was made and I was committed to Newgate Prison for the space of six days Sir Iohn Knight Alderman Willoughby Alderman Hix Alderman Stevens and Alderman Lawford signed the Mittimus during which time I desired on Sunday and Newyears day to have the liberty to officiate at my Parish Church paying a Keeper to go with me The Goaler dared not permit this without the Mayors leave I wrote to the Mayor to desire that liberty but was denied At six days end I gave Bayl but the night before I went forth of the Prison the Keeper of it being sent for into my Chamber to receive his Chamber-rent and Fees began to perswade me to a submission and to cast my self wholly upon the Mayor and Aldermens mercy my answers averse to his propositions seemed strange especially in regard of their Power and that although persons very rich in their own private fortunes they would prosecute me with the Chamber-stock and in fine would certainly ruine me I replied that little of their love to Justice would appear in their relying only upon their Power and Riches that the trust was presumed to be put into the manegery of those that were impartial who would not be moved to wrong doing by either favour or spleen At last after much discourse to this purpose I said Come Come Mr. Holt the Keepers Name thy are a company of Noddies and know not what they do This was a grand Offence and moved the Sophies to high indignation especially by the Keepers to obtain with his Masters the repute of being diligently jealous of their esteem adding and swearing more than was spoken although words in themselves meerly frivolous Hereupon I was again committed and detained under close confinement ten days more and then Bayled forth During my Confinement the Mayor Sir Iohn Knight the two Sheriffs Mr. Robert Aldworth the Townclarke who had been a Collonel in Service against King Charles the 1st and Son of that insolent and ungrateful Rebel Alderman Aldworth who being Mayor of Bristol shut the City Gates against his Master and the King forcing his entrance with an unusual Clemency not only prohibited Military Execution as in those cases but was graciously pleased both to pardon the Traytor and recommit to him the Sword Yet his Majesty had no sooner left the City but Aldworth did notwithstanding his many pretensively thankful asseverations of future Allegiance conspire against his Prince whose most eminent Compassion reprieved him from the jaws of Hell and made the City a Parliament Garrison Mr. Robins Steward of the Sheriffs Court was sent with diverse others to the Bishop with the Complaint of my rude carriage toward the Mayor at one time and most of the Magistrates of the City came at another Sir Iohn Knight as most potent in Law laid open the offence in a speech very copious and prodigiously eloquent concluding with a Prayer that I might be prosecuted for this misdemeanour in the Ecclesiastical Court Mr. Aldworth seconded him but Mr. Robins expresly denied to speak against a Clergy-man in a Cause whereof he was altogether dislatisfied The Bishop when Sir Iohns Gaping fit was over had liberty to deliver his sentiments that he thought the Magistrates had done very ill in Committing a Clergy-man to Prison on
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 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
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
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