THE PRACTISES OF THE EARL of LEYCESTER Against the MINISTER of PENSHERST Laid open in a NARRARIVE Sent to his late Highness OLIVER LORD PROTECTOR August 5. 1658. JUDG 19.30 Consider of it take advice and speak your minds LONDON printed by T. R. for the Author 1660. To his Highness OLIVER LORD PROTECTOR Of the Common-wealth of England Scotland and Ireland c. May it please your Highness YOur Highnes's Declaration for a Thanksgiving upon Wednesday last July 21. hath given me occasion as a providential encouragement of God for this humble address by the inclosed Narrative observing what grief of heart it was to your Highness that the last Parliament was broken up before they could begin to think of a settlement for Religion and the civil Government of this Nation as your Highness intimates in the beginning of this Declaration But I know your Highness hath learn'd of God to look higher then sublunary Instruments in all such Events and that the most high ruleth in the kingdom of men and bindeth up the hearts and counsels of the Nations as at the same session he marvellously bound up your Thames within that the Channel could not run with any freeness My Lord I desire to be still one of those Remembrancers that give the Lord no rest till he hath made his Jerusalem a praise in the earth and to see before I die Gods gracious presence re-establisht in our Sion in the beautie of his holiness and this poor unworthy Common-wealth reformed into a more righteous Government then hitherto we have obtained God hath lately shewed me to my grief much iniquity in the very frame and what God hath shewed me I crave the boldness to give a hint to your Highness of it in this Narrative that you may have the glory beyond many Lawgivers of this Nation Your Predecessors in the Throne to reform the constitutions of the Courts of Justice into a more excellent conformity with the wisedom of Gods Word where they are out of course And what if God hath carried on this afflicted cause now at length before your Highness for this purpose that it might be an inducement to your Highness to seek of God as Moses did in all difficult cases a better way for your people whom I hear in many corners of the land groaning and complaining under their great oppressions through the Corruptions of Law This case between the Earl of Leycester and my self fell out to be concluded but a few weeks before the session of the last Parliament and I feared sadly for your Highness and the whole Nation what would follow thereupon upon it being sometimes the course of God to take advantage against a Nation in bringing a general Judgement upon them for some eminent Act of Cruelty and Injustice committed against one of his little ones The Lord who is afflicted in all our Afflictions give my Lord Protector a compassionate heart to relieve the poor who put their trust in the Lord against the proud and mighty that beast themselves against them To draw up all in short that I may not intrench upon the weighty affaires that are before your Highness you have here my Lord the innocent condemned yea a whole family to be cut off as far as the Law can reach them A most cruel Verdict abhorred by the consciences of your Judges yet unreverst The right of the Gospel Ministry in reproof of sin discountenanced and the Priviledge of the Peers whilest they were laid aside by Parliament unduly allowed against a clear Law against common reason and against all Presidents in Courts of Justice untill this present case Whereupon it followed that the preparations made by your Highness and Parliament before their adjournment in a hopefull way for some settlement in the civil Government were notwithstanding at their next meeting soon unravelled upon the difference of the houses about the very point of Peers and those Gentlemen that had a hand in condemning this cause the one at the Assize the other in the upper bench both by a signal check of providence repulsed in a message to your house of Commons upon this point Oh my Lord whilest the Controversie was managed in private I could shew your Highness how terribly God pleaded with our adversary in private laying it sorely upon himself and his family but since he hath broke out into the publick and managed mischief by a Law Now God hath appeared in publick likewise and yet he knows I grieve to think what an influence it hath had upon your Highnes's Affairs and may yet have if not prevented If therefore the Lord shall shew this afflicted cause to your Highness and all the iniquity that hath moved him to any displeasure thereupon be pleased to answer Gods expectation in some way of speedy redress And let my Lord do for God and his distressed ones as much as King Pyrrhus did for Fabricius the Roman General who while he was ingaged in a War with the Romans his Physician sent to Fabricius telling him that if he pleased he would poyson his Master but Fabricius abhorring such a villany sent Pyrrhus word of it whereupon he apprehended and crucified his gratitude to Fabricius dismissed all the Roman Prisoners without Ransome acknowledging that he could not make sufficient compensation for such a favour My Lord God hath delivered up those into your hands that lately sought your life and hath put into your hands that inimicitious Fort of Flanders that hath so often annoyed this land PLACE = marg Dunkirck and from whence the enemy had prepared now also to annoy you and what more answerable return can your Highness make to your good God that in pity hath saved us then to restore Gods Captives that are laid up even in your chains which is all that is humbly desired at this time by My Lord Your Highness most humble and faithfull servant JOHN MAUDIT Pensherst July 22. 1658. A NARRATIVE OF The Sufferings of the Minister of Pensherst under the Prosecution of the Earl of Leycester May it please your Highness WHatsoever your Highness owne troubles may be in this heavy and burthensome place wherein we cease not to pray for you yet I hope you have a Christian ear and heart open to receive the complaints of Gods poor oppressed people from all places making it your chief work as our Lord the chief Shepherd to mind the poor of the flock above your self to carry the Lambs compassionately in your bosome and diligently drive those that are with young this is indeed a princes trust comfort and security His Comfort as you may see in Job 16.17 25. I was a father to the poor and the cause which I knew not I searched out and I brake the jaws of the wicked and pluckt the spoil out of his teeth Then I said I shall die in my nest and I shall multiplie my dayes as the sand Thus Job once solaced himself with the thoughts of his care and compassions over the
afflicted and he assumes this Title in the close of all to himself as his great glory That he was one that had comforted the Mourners His Security and Establishment as we see in Phineas of whom the spirit testifies Then stood up Phineas and executed Justice and so the plague stayed that one act of Justice establishing him in an everlasting Priesthood and freeing the land from a general Judgement The Lord make both good to your Highness that it may be your comfort and stability to relieve the afflicted for it is one of the most experienced Maximes of State the Book of Gods Recordes and is filled with most Presidents of Did not thy Father eat and drink and do judgement and justice and then it was well with him saith the Lord to Josiah's son He judgeth the cause of the poor and needy then it was well with him was not this to know me saith the Lord Jer. 22.15 16. My Lord my case is much one with the poor distressed men of Jabesh Gilead in King Sauls dayes 1 Sam. 11.1 c. Nahash the Ammonite came up and encamped against Jabesh Gilead and all the men of Jabesh said unto Nahash make a Covenant with us and we will serve thee And Nahash the Ammonite answered them on this condition Will I make a Covenant with you that I may thrust out all your right eyes and lay it for a Reproach upon all Israel And the Elders of Jabesh said unto him give us seven dayes respit that we may send Messengers unto all the coasts of Israel and then if there be no man to save us we will come out to thee Then came the Messengers to Gibeah of Saul and told the tidings in the ears of the people and all the people lift up their voice and wept And behold Saul came after the herd out of the field and Saul said what aileth the people that they weep and they told him the tidings of the men of Jabesh And the Spirit of God came upon Saul when he heard those tidings and his anger was kindled greatly and he took a yoke of Oxen and hewed them in pieces and sent them thoroughout all the coasts of Israel by the hands of Messengers saying whosoever cometh not forth after Saul and after Samuel so it shall be done unto his Oxen and the fear of the Lord fell on the people and they came out with one consent My Lord I have been truly besieged many years by the Earl of Leycester whiles I have laboured in much sincerity in the work of the Gospel here to gain this little flock to Christ who hath for this seven years cut off the dues of Tithes which his Lordship should have paid for maintenance of me and my afflicted family so that for want of our own we have been burthensome to our friends for a livelihood besides the said Earl hath for these six years devoured our Gleab-land by making a Warren next to our land so that we have lost in the judgement of judicious men above half the profit of the land yeerly whil'st my Lord making it a Warren for profit not for pleasure hath inriched himself by multitudes of Rabbets sold to London which winter and summer were fed upon our ground Besides this also the said Earl hath seized upon our wood timber and trees at several times and a parcel of the Gleab-land which he hath railed off from us for these five years together to distress us in the accommodations of our Gleab And after all this and many more grievous Molestations which have endangered the life of my wife thorough great frights sometimes and cast both of us into sickness often The word of God in Levit. 26.14 15 16. leading ut to reprove those that cast off Gods Ordinances I applyed the word of God against the Earl of Leycester by name for withdrawing from the presence of God for five years together and greatly discouraging the Reformation of Religion in this place as also for much cruel usage of me and other unwarrantable courses which he persevered in notwithstanding many private addresses made to his Lordship by my self to convince him of the evil of his ways his rage growing yet higher and higher year after year whereupon the Earl commences a suit against me declaring that I spake these words against him viz. That the Earl was a wicked man a cruel Oppressor and an enemy to Reformation and got 500 li. damages at the Assize in Kent Some of the Iury being drawn on as they have since confessed with a pretence that the Earl would not take a farthing of the money but only have a Fine for his honour but having got the Verdict he prosecuted it vigorously at the upper bench to have it confirmed The Judges being through the hand of God upon their hearts inclin'd to pity and having a high sense of the grievous damages took the cause into mature deliberation and arrested the Judgement for three Terms hearing the Counsel on both sides Mean while Applications were made to the Earl by Major General Kelsey Sir Michael Leusey High Sheriffe Lieutenant Col. Compton Captain Brown Dr. Thomas Goodwin Mr. Neigh Mr. Lockier Mr. Griffith and Baron Parker that his Lordship would be pleased of his own accord to remit the damages that were given him which would be more for his honour then thousands in reparation His Lordships answer to them was that the Law should go on till I was at his Mercy and then he would do what be should think fitting At the length God moved the hearts of the honourable Judges of the upper bench to send two messages to his Lordship the one by the Earls Solicitor Mr. Pew the other by Mr. Broughton the Clark of the Crown ordering Mr. Pew to writ to his Lordship from them that though his Lordship had the Judgement yet he should forbear to take out any execution against the Defendant for person or goods or molest me farther to disturb me in the work of the Ministry and withal appointed Mr. Broughton to go down in person to the Earl and let him know the mind of the Court therein Mr. Broughton after he had delivered the Message of the Judges was bold to press his Lordship with many arguments of religion and honour to let fall his displeasure and be inclined to a Christian Reconciliation But these being not accepted he offered his Lordship 100 li. towards his charges in the suit that being not accepted he offered his Lordship to have the Gleab-land and take out his own satisfaction as he pleased thereupon all which being rejected he offered upon some reasonable time given the Minister should quit the place and be gone Indeed my Lord we thought it too much after all our wrongs we had sustained to give up a place that we had setled upon us for our life by a gracious act of your Highness in confirming of Sequestrations upon the Ministers who aforetime were greatly opposed by turbulent people in those places
been spoken yea to ruine him for it In Qu. Maries days it was but but 100 l. fine to have spoken worse words then these of the Queen her self And Statute An. primo secundo Mariae c 3. shall 500 l. stand upon Record for the Earl of Leycester for saying He is a cruel man If my Lord of Leycester do not say at length as that Amoniet yet will not the Aduersaries of Reformation say And let this be also laid for a reproach to all their Israel Shall not the Lord visit for these things yea and hath he not already began to visit if we could see his hand for it is not unusual with God for one mans sin to visit with a general Judgement witness the famine in Davids time for Sauls cruelty upon the Gibeonites the overthrow of the state of Israel for Elies son lewdness The Marriners danger of Shipwrack for Jonah his offence The Armies defeat at Ai for Achans theft the famine over all lands for Josephs hard usage the Judgement upon Egypt for Israels cruel bondage surely the Lord hath lookt upon our sufferings also and hath and â—â—â—l with much jealousie reckon for them yet the Lord give us patience for we must not desire the evil day upon our Persecutors the Lord in much mercy wipe off our blood from the Thrones of Justice and give these men repentance that are guilty of it But my gracious Lord I crave humbly leave to set this day before your Highness all that hath past which I am perswaded hath been hid from you how be it the Lord seems not to accept from Princes that excuse for publick miscarriages in the Common-wealth Behold we knew it not Pro. 24.11 12. If thou forbear to deliver them that are drawn * Inique oppressos saith Junius unto death and those that are ready to be slain if thou †Ne putes tibi excusationem fore segâ—itiae tuae aut infirmitatis quafi aut nesciveris pessime cum illis agi aut rationem juvandi illos atque liberandi minime tenueris crimen in leges transferendo Nam Deus judex ejusmodi est qui perpendat intima corda optime cognoscat justifime judicaturus sit saâ—â—â— Behold we knew it not doth not he that pondereth the heart consider it and he that keepeth * A male seu periculo quo devenit proximus tuus tu autem ab eâ— liberaris ut oppressis opituleris Sic Estherae 4.13 14. Junius thy soul doth not he know it and shall not he render unto every man according to his works The Lord therefore give me favour in your highnesse's sight in making known to your Highness the distresses of our deeply afflicted hearts for we have confidence in your Highness render compassions and readiness to relieve all Oppressions We were unwilling hitherto though we bore much to create trouble to your Highness about our cause knowing your burthen to be great enough in ordering the publick Affairs of the Nation but now that our Adversary hath acted all this against us upon the publick Theater of the Courts of Justice and that in the Protectors name and nothing seems to content him herein but our ruine having executed this Judgement to the utmost of his power for the destroying of me and my family we dare not hold our peace but commending out cause to the Lord for Counsel are bold to solicit that power God hath put in your Highness hands for our relief trusting that as Mose's ears were open to the daughters of Zelophehad's complaints in their particular case as well as to the publick Affairs yea and made a new Law for them when the common Law could not relieve them So the Lord will also graciously affect your Highness heart with these our sufferings in particular and by his spirit of wisdome direct you to give speedy some check to the Earls great rage and fierce proceedings in a way of Righteousness and equity according to the power God hath intrusted your Highness with Fear not my Lord fear not to own this afflicted cause and search into it and the Lord put his spirit upon your Highness as once he did upon Saul and Moses to relieve your Brethren that suffer affliction in your dayes If your Highness find the sentence righteous punish me double to my offence but if innocency be found in me and conscience convince you that I suffer much wrong relieve me and let not this decree stand in Gods fight upon publick Record much longer Behold O Lord I am brought low but yet not below thy help who art the Almighty whose methode and manner of working is such as not to step in till all creature helps fail and stand as impotent Idols and say as that King of Israel If the Lord do not help how can I help Israels task is increased and their male Children strangled by Pharaohs command before they are brought out of Egypt Jonah cast over board into the merciless waters and buried alive in a more merciless Leviathan before deliverance comes Isaac bound to the wood for a sacrifice before he be released Joseph brought to the prison before his advancement Daniel let down into the Lyons den before his enemies Accusation was frustrated The captive Jews under the Kings royal signet sentenced to be massacred before they become favourites in the Persian Court and the poor men of Jabesh Gilead brought to disgracefull Articles before their insulting enemies was overthrown and put to flight This is Gods usual manner with his people whose faith be puts upon trial to the utmost not to save till none can save And therefore the Lord keep up our faith that it may not fail Here we are if the Lord say he hath no delight in us let him do with us what seemeth him good but if he please to consult his own glory in our deliverance we will say as Mordecai Enlargement and Deliverance shall arise to us though all should forsake us but who knoweth whether my Lord Protector be come to the Kingdom for such a time as this to relieve Christs oppressed ones who otherwise had been every here crushed which is the expectation and prayer of Gods people and in special of Your Highness In all humble Devotion and faithful observance JHON MAUDIT Pensherst July 22 1658. FINIS THese Papers being left at White-Hall August 5. 1658. for the Secrerary to communicate to his Highness at Hampton Court The next morning the Lord contends in a very terrible thunder which lasted about six houres and took off a fair bough from the chief Cedar of our Lebanus And delayes being made from time to time by the secretary the Lord who is jealous for his oppressed people and gives quick returns to prayer pleads again in a very tempestuous wind and shortly thereupon puts a period to the life of the Lord Protector which gave occasion of that great mourning that fell out nigh about the time that this Judgement was given the year before 1657. as appears by the Record of the upper-Bench Court in the suit of the Earl of Leycester Wednesday in 15. days of St. Martin 1657. Unless cause be shewed to the contrary upon Friday next after 15. dayes of St. Martine let Judgement be entred for the Plantiffe upon the motion of Mr. Sergeant Twisden By the Court. Observable also it was in the next Parliament called January 27. 1658. how God testified against Peerage in the hot Contests between the Houses about it and at length changed the whole Government and in the Parliament assembled May 7.1659 the house declared both against a single Person and house of Peers in their first Vote God hath many reasons doubtless of his Actions yet it were good to make this use upon the whole matter that it is the great interest and security of Governours to do Justice and relieve the oppressed and not turn aside the poor in the gate from their right for the Lord will plead their cause and spoil the soul of those that spoiled them Pro. 22.23
for want of a settlement especially seeing it was not for any debt that we owed the Earl or cleer damage but for words which were wrongfully laid to my charge but had they been spoken my Lord chief Justice Glinn was pleas'd openly upon the case to declare they were not so much as actionable at common Law and so not worth two pence But Mr. Broughton thinking that would content him we were willing if the Will of God were so taking the advice of our brethren in the Ministry in the case with all convenient speed to depart and go where God should call us But the Earl granting us no time of deliberation but having a mind to our goods as well as our Tithes and our land next day after Master Broughton departed puts the execution which he had got by him before Mr. Broughtons Application notwithstanding the advertisment sent him from the Judges by his own solicitour in force and sends to the Sheriffe for a fieri facias and so seizes upon all the goods he could find of ours within doors and without our Kine our Barns of corn and wood-barns Waggons Hay and houshould furniture Hangings Tables Chairs Beds and bedding that were under us and our Children and the least inconsiderable Implements that could be found Alas now we found by sad experience what it was to be given up to the Earl of Leycesters mercy which many in City and Country were held in expectation of but we had found ever cruell being used thus with so much rigor and extremity Mr. John Seyliard a Gentleman of this Parish offered his Lordship these three propositions in our behalf 1. That my Lord be pleased to give the Minister a full release of the Judgement his Lordship hath against him upon his resignation of this Rectory 2. That a competent time be agreed on for removal of his family and goods coming in this summer and seeking a settlement in some other place which cannot well be less then a years time or about Michaelmas come 12. months in the mean time that Mr. Samuel Seyliard officiate here in the Ministers absence by his Lordships permission 3. That his Lordship and the rest of the parish be pleased to pay the dues of the place unto the Minister peacably together with the Arrears are due untill the time which his Lordship shall agree unto for the resigning up of this place unto him The Earl of Lycester's answer was that he did not like the Propositions in regard that the time was too long that he would not meddle with the Arrears of the Parish Mr. Seyliard replyed that less time would suffice then a years space for the Ministers resignation if his Lordship would not allow him so much and for Arrears of the Parish he and others would take care to be gathered up and paid if his Honor would ingage for his own Arrears and if these Propositions did not like his Honour that then he would be pleased to say what would content him His Lordship made answer No he would not declare himself but when Propositions were made that he liked of he would say something to them Whilest these things were in agitation and friends were preparing yet more acceptable terms as was thought his Lordship makes hast to get what was to be had and renewes his writ and comes upon us suddenly by Bayliffes who in an unlawfull way climbed up into the stables where our horses were and brake in and unhanged the door and took out two Mares which were also sold off and the monies as the former returned for his Lordship After this by the importunity of friends being perswaded who took exceedingly to heart out sufferings under this Earl from time to time as did all good Christians Captain Pike went in to his Lordship with this our proposition That his Lordship be pleased to give the Minister a release of the Judgement of 512 li. upon his resignation of this Rectory at Michaelmas next The Answer that Captain Pike brought from his Lordship was That he expected to have what the Country gave him and he would be under no Contract with me for the future but if I brought my Resignation to him he would do what he should think fiting This was the Answer as well nigh as I could take it from the Captain that his Lordship at length is come to expecting for ought I can understand that I should come forthwith with my Resignation not allowing me half a years time to remove my family and place my self other where whereupon it would follow that I must loose the benefits of this year also which is now ready to come in and yet after all this if I or the Captain that brought this Answer understand his Lordship by refusing to be under any Contract pro future he expect I should deliver up my Resignation to him and then leave him to his pleasure whether he will also take the benefit of the Judgment or no or give me any Arrears for Tithes or no this seems to be like the old strain that I should cast my self upon his mercy which I trust in the Lord I shall never â—â—ve need of See my Lord a sad story in a short Map of many years sufferings we are straitly besieged with a potent enemy whose thirst we know not what will satisfie he hath kept our dues for seven years and devoured our Land seized upon our goods before the Judgement was given him much more since and how low soever he hath us under his feet it makes him so much the higher to insult over us Is it a right eye that would content him No my Lord but if we may give a guess our very lâ—â—d would scarce satisfie him not being contented with a surrender of this place but endeavouring farther as I have cause to fear the utter undoing not only of my self but also of my poor afflicted family if God prevent it not O my Lord I beseech your Highness consider it well what is my crime that I should suffer these things and that in your dayes when God hath raised up so Christian a Magistrate for the help of his oppressed people and chastisement of those that oppose the Plantation of Zion the Reformation of the Church Shall a Minister of the Gospel be worried thus in the conscientious discharge of his office against an There being not one President upon English Records that such ministerial reproof was accounted an Act of Sedition offendour Shall a Christian reproof in this first President be accounted sedition and the innocent be condemned Shall the Priviledges of the old Peerage be raised upon the ruines of my family only which since the act of the Common-wealth have been questioned in so many cases granted in none but this Shall it be filed up in the Court of Heaven against the great day of Judgement that this was the Justice of England to make a man such an Offendor for a word which was not actionable if it had