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friend_n ask_v know_v sir_n 1,035 5 5.9968 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44207 The Lord Holles his vindication of himself and of his son Sir Francis Holles from some foul aspersions cast upon them by Mr. Justice Ellis in some depositions of his taken in the High Court of Chancery. Holles, Denzil Holles, Baron, 1599-1680. 1676 (1676) Wing H2481; ESTC R24097 10,686 18

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his Ways and Conscience of an Oath But admit him to be a Knave and that it had been true that he had done such an unworthy fraudulent Act in all reason he would not have been so weak as to have acknowledged it in his Discourse to one who he knew came to pump it out of him or have given him any ground to be satisfied that it was so and that he had so played the Knave Such Works of Darkness use not to be owned and avowed since it is the secrecy of them that they owe their Being unto and which renders them advantageous to their Contrivers Therefore it is not probable my Son would make such a Confession to him And if Mr. Justice Ellis did but gather it from Circumstances and by Inferences upon what was said he should have done well to have declared those Circumstances and have expressed in his Deposition the Particulars of that Discourse upon which he grounded his being so satisfied which certainly he could not but have remembred if there had been any as well as that he was so satisfied upon it And me-thinks he should have asked the Lady Carr what ground she had to say so before he had gone any further especially so far as to speak with my Son about it which he could not but think would be to him a very disobliging discourse taxing him with and questioning him about such a piece of knavery of which yet nothing appeared and of which there was no sign no Vestigium but in the Lady Carr's Fancy and it seems a desire in Mr. Justice Ellis to have it so believed by others whether true or not true But I may ask Did Mr. Justice Ellis do the part of a faithful Friend to the Lady Carr and Sir Robert Carr for whom he saith he was entrusted as their Learned Counsel to draw their Writings and take care that good Assurances should be made and all things well settled That he should know or but believe or fear there was such double-dealing used towards his Clients and Friends such a Fraud and Cheat put upon them instead of an Additional Jointure to a Daughter of their Family and he be silent so long and say nothing of it whereby it might be put into some way to discover all that foul play and prevent the mischief and inconvenience which must of necessity have come of it For that Wife of my Son 's whose Portion they would now not pay lived with him several Years and a Daughter he had by her lived about a twelve month after the Mother and all that time Mr. Justice Ellis said not one word of this nor I know not of how long after not until his examination in this Cause in Chancery And to say the Truth I have reason to believe that both his Satisfaction and his Trouble which he speaks of began but when Sir Robert Carr took up the Resolution to keep back his Sisters Portion and that he had no thought before that ever there had been such discourse between my Son and him or any thing like it to cause either his Satisfaction or his Trouble And so I come to his next Deposition The Interrogatories were the 5th 6th and 7th The 5th Did you at the instance of Dame Mary Carr prepare a Draught in pursitance of the said Settlement to tender to the Lord Holles and the Plantiff Sir Francis and what was done therein and whether was the same accepted or no Declare c. 6th Do you know that the Lord Holles did refuse to appoint his own Counsel to draw a Book in pursuance of the said Articles of Agreement and was there ever any Settlement made according to the said Articles Declare c. 7th Do you know or have you heard that the said Lord Holles did ever deliver a Copy or Draught of such Settlement to the said Dame Mary Carr or to her Counsel for that purpose appointed Declare c. His Deposition to those Interrogatorics more immediately concerns me it runs thus To the 5th 6th and 7th Interrogatories This Deponent saith that he doth well remember That the said Lady Carr was often with him this Deponent to prepare a Conveyance for to make a Settlement according to the said Articles of Agreement upon the said Marriage and did very much complain she could not get the said Lord Holles to do it and did often importune him this Deponent to draw a Book to that purpose Whereupon this Deponent told her That he could not well draw a Book without sight of the said Lord Holles his Writings which she could not procure But this Deponent remembreth at the said Lady Carr's importunity he this Deponent did draw or cause to be drawn a rough draught of a Paper Book with Blanks to the Effect of the said Articles the said Lady Carr often telling him this Deponent that she had the Money for the Portion ready if she could but have the Assurances performed And this Deponent had often discourse with Sir William Constantine the said Lord Holles his Counsel who did except against something in the said Articles and said they were not reasonable whereupon this Deponent told him that they were drawn by the said Lord Holles himself with his own hand and that they were not to make Articles but to draw Assurances according to the Articles already made and desired him the said Sir William That if he did not like the said Draught which he this Deponent had drawn that he the said Sir William would draw a Book himself and if there were any thing in the said Articles unreasonable so as the Substance and Effect of them might be performed he this Deponent would perswade the Lady Carr to agree to them But this Deponent did not perceive that the said Sir William Constantine was willing to do it And this Deponent saith that afterwards the said Lord Holles was with him this Deponent and did complain of the said Articles and said it was never his intention such Settlement should be made whereupon this Deponent told his Lordship That he this Deponent could not nor had any power to make any new Articles but if any thing were unreasonable or hard upon him in them he this Deponent would do his endeavour to perswade the Lady Carr to have them rectified but this Deponent doth not know that ever any Conveyances were made and executed according to the said Articles or otherwise or any tendred by the Lord Holles or his Counsel although the said Lady Carr did often desire and was very importunate to have had the same done and perfected The Matter of this is far from Truth yet it may be true that the Lady Carr told him so But that good Lady would sometimes mistake and I am sure she did so now if she said any such thing to Mr. Justice Ellis as he saith she did For upon the Faith of a Christian it is not true that she did press me to perfect those Assurances and as little true