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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
Story first of a Discourse between him and Sir William Constantine then of one between him and me What Sir William Constantine said to him I do not know I do not remember that ever I employed Sir William Constantine to treat with him about that Business nay if I were to die at this present I would take it upon my death that I cannot call to mind that ever I knew that Serjeant Ellis for so I think he was then was employed or made use of in any part of all that Negotiation between the Lady Carr and me so I may very well say that I do not believe it to be true that I ever was with him to complain of the Articles and that I should say it was never my intention that such a Settlement should be made And I do verily believe he goes upon a mistake confounding another Business with this For I do acknowledge I was with him about a Marriage propounded for the Earl of Lincoln which was long after that of my Son 's and I am very confident it was upon that occasion the first time that ever I was at his Chamber or ever had to do with him for I do very well remember that when I went to speak with him about that Business of the Earl of Lincolns I did not know where his Chamber was till it was shewed me which could not have been if ever I had been there before But be it how it will that he was employed or not employed in that business and that I was or was not with him about it it matters not much I wish he had dealt more clearly in his Testiony and not have spoken in the Clouds laid a general Charge which makes a sound as if it signified some great Mattter That I should complain of the Articles and say I never intended to make a Settlement according to them though the Articles were of mine own drawing as he saith Which if true I had been certainly a very unworthy Man not fit for that common dealing which is between Man and Man one upon whose Promises nay Covenants and Engagements no Man could put trust nor confidence And for such a Man he endeavours to make me to pass and therefore tells not wherein I was unsatisfied or what the particular was which I complained of For it is true I did complain of one Particular yet I think not to him for as I say I do not believe I ever spake with him in all that Business nor was it of the Articles I complained But this I complained of that the Lady Carr would have something to be done by me which was not in the Articles as I supposed It was concerning three Leases which I held for Lives one from the Earl of Salisbury the other two from the Bishop of Salisbury I had Articled that after my Decease my Son should have them and was willing to yeeld to any thing whereby they might be secured to my Son that it should not be in my power to dispose of them from him But nothing would serve the Lady Carr but that I should presently assign them over to him which I could not give way to for two respects One was a little Point of Honour for two of these Leases being of two Mannors I could not afterwards keep Courts nor grant Estates in my own Name but must do it in my Sons The other was a real Inconvenience that when any of my Lives should die it would not be in my power to renue my Estate without having him present to join with me or rather to be himself the taker of it in his own name who lived not with me might be an hundred miles off when an occasion of renewing should present it self and I by that means might lose the opportunity which would have been a great prejudice unto me and even to my Son and his Wife to whom those Leases were to come after me This I did not conceive at all to be the sense and meaning of the Articles which on the other side I did conceive would have been fully pursued and performed by what I proposed and what I was willing and ready to do And therefore Mr. Justice Ellis would not tell the Particular what it was that I complained of which would have carried with it its own Justification but laps it up in general terms to make me appear a falsifier of my word and of my Covenants This I think was not so fair and seems to me to argue rather a desire in him to do me a mischief and serve a turn than to give a full and clear Testimony to the Truth One thing more I must observe which I cannot let pass without some Remarque upon it he saith The Articles were of mine own drawing and makes use of that Circumstance to aggravate my ill dealing that I should go against my own Act and have the impudence my self to proclaim it and say I never intended the Settlement should be made according to the Articles which my self had drawn Which had been a folly in me even beyond the knavery for few that play the Knaves will be so very Fools as to say they intended it But in truth Mr. Justice Ellis hath ill luck to mistake in all he hath deposed from the beginning to the end For this is as true of my drawing the Articles as all the rest which I have before spoken to It was Sir Orlando Bridgman that drew them or caused them to be drawn All the hand that I had in them was to insert the name of Sir Robert Carr the Father whom they would have left out saying he was mad and that the Lady managed all both the Person and Estate of her Husband being committed to her and governed by her in the nature of his Guardian so that it was not at all needful as they said to make him a Party yet I desired he should be made a Party and therefore put in his Name in several places where I conceived it necessary And one Passage more I find there written with my own hand It was to have 4000 pounds of the Portion laid out in Land to be setled upon my Daughter in Law for an Addition to her Jointure and further to declare how the remainder of the whole Estate should go in case of no Issue This is all I did as to the drawing of the Articles but I do not say nor did I ever think that I was the less bound by them because I did not make them my self for I did agree to them and was still ready to have performed them if the Lady Carr would have performed her part concerning the Portion which as I have said before was at least to have been secured in the first place However I was resolved still to take care of her Daughter and do all that I was bound to do or indeed could do whether bound to it or no for her good after she was once married into my Family who I must say did deserve it and proved a very excellent good Woman though before she did come into my Family that is before I knew her and was acquainted with her I was not at all desirous my Son should marry there It was Sir Edward Rossiter that first proposed the Match who did manage the treaty of it and perfect it And if my Son would have been ruled by me and followed my advice he had not been married before he had received his Portion and then all the trouble that hath since followed would have been prevented but this is not much to the purpose To return then to Mr. Justice Ellis his Deposition and so make an end In his conclusion of it he goes beyond all that he hath said before he saith He did not know that any Conveyances were made by me according to the Articles although the Lady Carr did often desire the same and was very importunate 〈…〉 to have it done and perfected Here he seems positively to swear that the Lady Carr did often desire it and was importunate with me to have it done I would fain hope that there was some mistake in the Examiner writing down his Deposition and that he omitted what he had fully expressed in the former part of it which was That the Lady Carr had told him so and so indeed he may swear truth though she did not say true For I am sure the thing is very false if there be any truth in me It was I still that desired her and importuned her and not she me I was still ready but she would do nothing And upon the whole Matter I must say That I am as much wronged by Mr. Justice Ellis in his Deposition throughout as a Man can be yet as a Christian I will say God forgive him and I do though he hath done me all this wrong which is a better conclusion of my Remarques than his of his Deposition FINIS