IF the life of man could be waf­ted on in his voyage of this World, with a constant Gale of happinesse, we should love that too well, yet should bee unhappy in this, that wee should never be brought to a remembrance of our selves and condition, nor to a due acknowledgement of that supreame power in whose hands wee are, but as Chaffe before the Wind, to whose just and wise wil, we ought absolutely to resigne our selves, without murmuring or grudging. He drawes light out of darkenesse, and consolations out of afflicti­ons. His corrections are instructions, which les­son my troubles taught mee, and my experience found in my late darke and sad condition, when my God was graciously pleased constantly to give me inward comfort in my unparralleld sufferings, when there was nothing but outward appearan­ces of discomfort, there being risen up against me malicious and blacke mouthed adversaries for­merly [Page 2]Prisoners, who were for their mutinous be­haviour while they were in Prison, sent by the Judges to Newgate, whose false tongues were dip­ped in the Poyson of Aspes, and yet they recei­ved encouragement and countenance from Mr. Fountaine, who (being advanced in his owne thoughts to a high place) should have preferred Justice before partiality and selfe ends, yet were Heavens dispensations soe wisely disposed, that these fiery trialls did purifie my innocency, and make it appeare as I hope brighter. Their prose­cutions against me, were beyond measure, violent malicious and bloudie. But their false accusations when they were filed, did onely polish truth and made it more splendid. They belched out the fowlest accusations that their owne wicked ima­ginations could devise or invent, hoping thereby, to make mee odious to all good and pious men: but their injustice could not obscure the Almigh­ties justice, the bright beames whereof disper­sed the blacke Clouds of their hellish plots; and so displayed them to all mens eyes, and eares, that hee hath clothed them with shame, and establi­shed (I trust) my innocency and credit with them that were Auditors and spectators.

Their calumnies were very fierce (and thats the way which malice thinkes the best to prevaile) and they raysed a triple accusation of a dangerous and horrid nature against me. First, the breach of publicke trust, which struck at my reputation and [Page 3]fortune. The second, that of delinquency, which strooke at my being in the Common-wealth, and the well being of my posterity. And the third, that grand one, of Murther, which did strike not onely at my life in this world, but at my happinesse in the world to come. Which accu­sations were most forcibly carried on, and injuri­ously countenanced.

But because every man cannot possibly bee satisfied of all perticulars by generall rumor and report, I thought it charity to them, and ju­stice to my selfe, faithfully and impartially to set downe all the passages of that cruell prosecution, which I shall doe, with all the truth and modesty, that a just vindication will permit.

If that malice which hath brought this affliction upon me, could have been contented with ordina­ry and legall prosecution; and if my estate and livelihood were the things onely in question, and my good name not sullied with infamous & filchy slanders, I should in all probability rather patiently have sate downe under my sufferings, then have beene induced to lay open my condition unto the world. But since I cannot but be of opinion, that many persons both of worth and conscience, con­tent to rest in the first representations, may by this meanes bee brought to a just knowledge of the whole matter; and consequently bee reduced to the moderation of doing what is but just, and that [Page 4]my good name (which to an honest man ought to bee dearer then life) may bee in some measure re­trived; I could not but put downe as well the true circumstances of my condition, as the violent and passionate proceedings of my prosecutors against me.

I have been these twenty three yeares together Marshall of the (Kings Bench, now the) Upper Bench Prison, by Letters Patents under the great Seale of England, wherein, as I am inwardly satis­fied to have behaved my selfe uprightly and legal­ly, so till this storme overtooke me, I hope it was without infamy or reproach. But it is the misfor­tune of such employments as mine, that wee must necessarily in doing our Offices, raise up to our selves Enemies. For it is so difficult, if not impossible, to carry our selves even between Creditor & Debtor, that there is no avoyding or it, but one of them will be dissatisfied. For if the Debtor be either unruly, or unable to put in security, for his true imprisonment, & so kept safe, he straight crieth out of Restraint & hard usage; but if hee put in security, & lie in the Rules, or legally goe abroad about his occasions with a Keeper, then does the Creditor crie out of too much liberty, & it may be files a Bill for an Es­cape. So that let a man carry himselfe with all the care & circumspection which is possible, he shall be sure to meet with clamors & enemies; And these so much the more in regard that being persons either in low condition, or decayed fortunes, they ac­count it somewhat either of ease or pleasure, to [Page 5]revile or vex those whom they look upon as the instruments of their misfortunes.

After the dissolution of the former Parliament, then some persons did take upon them a power (by what authority or order I know not) to enquire into all matters concerning Prisons, and Keepers of Prisons, by vertue of whose power I was sum­moned to appeare before them, which I obeyed. But it was a wonder to me (who had been a faith­full servant to the Parliament in their most doubt­full and difficult times, and who had beene con­stantly in all their Commissions, and stucke to them thorowout, when others declined them) to see Mr. Fountayne in the Chayre, one of the most active for the late King, and one by whose power and interest at Oxford, my place was given away, for disobeyng a Warrant of the late Kings, dated the 23. of November 1643. for the discharge of William Cobb. Yet humbly submitting (as it was my duty) to the Authority over mee, and withall weighing with my selfe the Right that all Go­vernours have to call whom they please to their assistance; besides, hoping that Mr. Fountaine had manifested unot them his hatred to his former principles and courses; I, with all the sub­missiō I could, prepared my selfe to give the best sa­tisfactiō that lay in my power unto that Cōmittee.

The Generall things they fell upon, were first, About the List of my Prisoners, a perfect and full Copy whereof I delivered in. Next, about the [Page 6]Extent and Liberty of the Rules of the Prison, by which means (as was alleadged) there are many Escapes occasioned, and Creditors extreamly de­layed, if not absolutely defrauded. In answer to this, I only sayd, That the Prison house being so little, as that it is not able to contain a fourth part of the Prisoners, my Predecessors in their severall times, and that alwaies by permission and appoint­ment of the Judges, used to lodge them (having first taken security for their true imprisonment) in the houses about, and that they call the Rules: which as it avoides a grand inconvenience (for o­therwise every perticular man must have a perti­cular Keeper which were a charge to him unsup­portable, or else the Marshall of the Prison were to maintaine them, and so he should bee a loser by his office) so it brings this great advantage and se­curity to the Creditor, that the security being dou­ble the debt, it is thereby strengthened, and the Creditor in better probability to recover his own. For if any escape be made, I am liable to paye the debt, and upon recovery had against mee at Law, I either resort to the security, or turne it over to the Creditour, by which meanes many have reco­vered their debts, which probably otherwise they had not done. But these bonds being of late doub­ted to bee within the Stat. 23. H 6. (though ever before held good and so often adjudged) many have under this pretēce escaped, or violently broke Prison; and thereby both defrauded the Credi­tors [Page 7]and occasioned great damages to bee given against the Marshall.

And although I haue done nothing, but what by Law was formerly accustomed and justifiable, yet I desire a difference may bee made, betweene voluntary and involuntary escapes; that is to say, escapes happening either by my granting too much liberty, or by negligence, or connivence; and those which in despite of the strength of the Pri­son, and the care and dilligence of the watchmen, are oftentimes made by desperate Persons, groa­ning under their wants, and impatient of restraint: and therefore I appeale to all the Nation, whether there was yet ever any debt recovered against mee for an escape, which I have not satisfied. And as I cannot bee denied the liberty of a true English man, to make my best defence, when I am implea­ded at Law, which in many cases plentifully re­lieves me, as 3. Edw. 1. Cap. 3.1. Edw. 2. Cap. 10. Bonitons case Cooke. 3. part. pa. 67. Ridg ewayes case, Cooke. 3. Page. pa. 54. Wesbies case. So if it can bee proved that any escape hath beene wilfull in me, or that I ever tooke a penny of money for granting any illegall liberty, I shall bee content to suffer all that which the malice of my adversaries would inflict upon me.

Nor is it enough to say that the best and most considerable Prisoners should bee put into the [Page 8]house, for so the more insolvent should bee set at randome, and their debts by this meanes become desperate: for the security of the others (besides their owne reputation) renders them as safe in the Rules, as if they were close; and there is many a man that will rather be bound in a bond of 1000 l. for a mans true imprisonment, then be bound with him in a bond of 100 l. debt.

But when they came to descend into perticular matters, it was very strange to me, to see Mr. Foun­taine (more like a feed Lawyer, or an enraged e­nemy, then a sober Judge) afford so much counte­nance to all Petitions and complaints that came in against me, to stretch matter further then by Law they would endure. And when I desired but Cop­pies of Petitions that I might bee the better ena­bled to make my defence, utterly to refuse mee, and put me to answer upon the place: which when I endeavoured to doe, as well as the smalnesse of the time, and my owne sur-prisall would permit me, I was sundry times reviled, many opprobri­ous speeches, both against my selfe and my neerest relations, were publickly uttered, without the least controle or check. The witnesses which I bought in order to my justification, were dis­countenanced; Mr. Fountaine in the meane time, privately comenting and glossing his own concep­tions, as I have reason to conceive, and writing them downe, so that things seemed to bee carried [Page 9]on (I will not say by designe or injustly) meerely in a manner to compasse my ruine. The Petitions and charges that came in, to looke on the number, were a great many, on the weight of them, a ve­ry few. Some of them are either so false, or in­considerable, that they are not worth mentioning heere, as I have done otherwhere; some the ve­ry stating of my case, immediately detects the malice and impertinency. But since that there is one particularly insisted upon as a matter very horrid and ugly, I shall not forbeare to set it down, that by the estimate of this grand business, an account may be taken of the rest.

And the businesse stands thus:

One John Guyet was committed to the Upper Bench Prison Feb. 10.1650 upon an Action of Trespasse at the suit of Edmund Child, but not upon Judgement or Execution. This Guyet broke the Prison house (hee being in close Prison, together with foure others) in the night time, having bur­ned downe the window with hot irons, poysoned a fierce Mastiffe, and given some opiate medicin to the Watchman, where with he layd him in a dead sleepe all night: and by that meanes the sayd Guy­et went away in the night time, by Ladders of Ropes, provided for that purpose, as is prooved by many witnesses.

Thereupon Child brings his Action of the Case against Sir Iohn Lenthall for 579 l. for the Escape, and at a Tryall at Guildhall had given him by the [Page 10]Jury (who faild not to bee his friends at a dead lift) the whole money and damages 584 l. 13 s. 4 d. For reliefe of the verdict, I preferd a Bill in Chan­cery, to which he put in an unperfect answer, and sate in contempt. Hereupon I moved at the Roles for an Injunction to stop proceedings at Common Law, which the Master of the Rolls being satis­fied that Child in equity ought to have no more of me then he could have recovered of Guyet at Com­mon Law, and for that a man may lay an Action of 10000 l. and yet possibly not recover 100 l. & for that this was the onely course I had left, to make Child confesse what his debt really was; (hee having already in his answer confessed 100 l. was given by the verdict more then was due to him) the Injunction was granted, as well for these rea­sons, as that it had been the constant practise and rule of hat Court, to grant Injunctions upon the lkie occasions. And whether I had not reason to seeke for reliefe in Chancery or no, let any man judge: For though there were abundance of equi­table circumstances, which I could not make out at my tryall; yet by that (among other things) which I sayd before, the equity was very evident.

Nay this Case among others was referred by the Parliaments order of the ninteenth o [...] Ianuary 1652, to the Justices of the Upper Bench, who upon hea­ring of the whole matter, declared me not in fault for the Escape, and the businesse therefore onely [Page 11]for the Chancery: wherein being a Court of e­quity I was onely relieveable. For certainly the verdict was a strange one, and the oppression that lies upon mee by the meanes of it as heavy, and of as ill example, as can be possible.

This is the great businesse as to the execution of my Office; but because the rage of my enemies was not content to stay heere, but would strike at my life, as well as my livelihood, they have set abroach an old businesse voted scandalous by the Parliament many yeares agoe, and threatened to try mee for my life about it. The businesse stands thus. George Smithson was committed to the Up­per Bench Prison Iune 13.1637. where hee carried himselfe with such extreame disorder, that in the yeare 1640. hee was put into the common Goale, where hee was not onely so troublesome, but also so dangerous to the Prisoners, that they Petitioned for his removall. Heereupon I ordered him eve­ry night to bee put into the house which is set a­part for unruly Prisoners: there continuing his old manners, hee was kept for some time, all which space he was fed with victualls sent from my own Table, and the Stewards of the house, had express order to take care that he should be constatly relie­ved. He died the 5 of September 1640. A Crowner sate upon him, a Jury was sworne, six Prisoners, and six neighbours, who found that Smithson died by the visitation of God, and not other wise, or by [Page 12]any other meanes, as appeares by the Record.

I thanke God, I have this comfort yet left mee, that I can say, I find not in my heart to thirst after blood. And certainly these people, had they not beene blinded by their owne malice, and carried on by an extreame defire of my ruine, might have found out somewhat more probable to have em­ployed their perjuries about, then for to say, that I should hazard, my salvation, my reputation, my life, the well being of my Wife and Children, and all this for the blood of a poore Lunaticke in Pri­son, whom till that time, I had never known, and from whose death I could draw no advantage.

The very same men that have reviv'd this com­plaint against me, before that Committee, brought the same complaint to the Parliament seven or eight yeares since. At which time, it was exami­ned with all industry, scrutiny, earnestnesse, and integrity possible: all their owne examinations, and those of what witnesse they could produce, were taken, and severall persons were admitted by that Committee, in the name and behalfe of the City, to take notice of all proceedings. The Committee after a full hearing made the Report to the Parliament, that they found the accusati­ons false, and prosecuted without cause; where­upon the 5 of September 1645 they voted, that the complaints were raised, and prosecuted, without [Page 13]any ground at all, falsly, maliciously, and scanda­lously; and that William Pendred, Edward Jenks, Hanna his wife, James Freez, and Stephen Prat, were principall instigators and prosecutors of these pro­ceedings; and doe deserve severe and exemplary punishment, and accordingly referred it to a Com­mittee to consider what exemplary punishment were fit to be inflicted upon them.

Nor indeed did they vote it malicious, without ground: for Freez and Jenks, with one Magick (who was a great stickler in the business, though not so openly as the other) having been formerly Prisoners in the Upper Bench, and there very unru­ly and mischievous, the Judges did remove them to Newgate, which first kindled in them that ma­lice, that hath severall times since attempted my life.

Notwithstanding all this, their wickednesse was so restlesse, that though they saw how lit­tle they were able to satisfie any just men of the ground of their complaints, they had the impu­dence to renew the businesse againe at the Com­mittee for the Armie, who alo upon examinati­on voted, Aug. 24. 1649. to the same purpose as the Parliament had formerly done; yet after all these repulses they have againe brought it to Mr. Foun­taines Committee, where it seemes, it received fresh entertainement.

[Page 14]These are the two principall things, out of which with some other helps, (I will not say Ad­ditions of his owne) Mr. Fountaine hath stuffed his Papers, and at last harche'd a Report. But however it is, though it be not fitting for me to say, that he carried himselfe there rather like an Adversarie then a Judge, so it should feeme hee hath a mind, by the carriage of this businesse, that men should find him turne from a Judge to a Solliciter. For this report of his, he very assidiously promoted to the Committee of the last Parliament, who upon the report ordered July 25. 1653. that I should ap­peare before the same Committee the next day, which was Tuesday following at 3 in the after­noone, and bring with mee a perfect list of the names, sirnames, places of last abode, of all the Prisoners in custody, since the last list in print; to­gether with all Bonds, Statutes, Judgements, War­rants of Aturney, to acknowledge Judgements to Creditors or others in their behalfe.

Heerupon I Petitioned the Committee, Teusday July 26. 1652. in regard I had not received their or­der till late the last night that I might have Cop­pies of Reports, and Petitions, and bee admitted to put in my defence in writing, or by my Counsell.

But being expresly commanded to attend the Thursday after, I accordingly did so, and carried in the list; but shewed them that I could not deli­ver [Page 15]in the Bonds, by reason they were the onely security which enabled mee to performe severall trusts setled out of the Office, and the onely de­fence I had against all Escapes, sued, and to bee su­ed. But the Committee pressed mee for a positive answer, whether I would deliver them or no, and though I Petitioned for it, would grant mee no longer time, then the next morning, for my posi­tive answer; which I was to deliver to the Chair­man by 10 of the Clocke. According to the ap­pointment, next morning being Friday, I delive­red a Letter to the Chairman, with a Paper of Reasons enclosed, Why I could not in discretion, and safety, deliver in the Bonds: both which, since I am so much concerned in them, for better satis­faction follow thus.

[Page 23]By this Letter it may be conceived in what a sad condition I was, whereby it plainly appeares that Serjeant Dendye had never any intention to re­store my Office, but still to have kept it from me. To which purpose he used all his power to get the bookes and securities into his hands; the bookes I delivered, but not the Bonds given to me for secu­rity of the Prisoners, which if I had given up, I had beene left naked of my defence of suites for Escapes, and I doubted, that many Bils might be filed against mee before the next terme, for Escapes made in Serjeant Dendyes time, as it afterwards happened, many declarations being brought against mee for them, for which if I had parted with my securities, there might have beene so much recovered against me for his neglects, as might have ruined mee and my posterity, which was the principall cause that I did not deliver them, and not disobedience to the Parliament, to which I was prepared to prostrate my selfe in all submission, not doubting but that they would in good time take into consideration my innocencie, and withall the number of innocent persons, that were involved in my ruine, and that they would so mixe their justice with mercie, that they would againe restore mee to my liberty, and just right. But the malice of Mr. Fountaine did hang still as a danke Cloud overmy head, from which I knew I was to expect a storme; nor was I deceaved, for it was growne to that malicious and unchristian [Page 24]height, that though when the accusation concer­ning the Murther of Smithson and others were heard, and eagerly examined before him and his fellowes of that Committee, he expressed upon a full and open hearing his opinion of the improba­bility of the charge and the untruth thereof. Yet not willing to let so much as a shadow passe, which might destroy mee, hee inserted and inter­woove this charge into his furious Report to the Counsel of State, as an high crime against me, and fit for examination to whom hee delivered it.

Afterwards assoone as the late Parliament sate, this Report of Mr. Fountaines was transmitted (I doubt not but by his meanes and solliciation) to the Committee of the Parliament for Prisons and Prisoners. The same Committee the 18. of Aug. 1653. having the day before brought in a charge against me, which was then read.

The maine heads thereof consisted of breach of Trust, Delinquency, and Murther, which I having spoken of before, I shall at the present mention no otherwise.

The two first Charges the Parliament referred back to the Committee, and the matter of bloud, to fowr Justices of Peace for Surrey, to examine the same, and to proceed therein according to Law and Justice.

[Page 25]Saturday the 20. of August, the Committee sent for mee to the Star-Chamber, where they sate, & there delivered me a Copy of the Charge of all Referred unto them, excepting Delinquen­cy, and appointed me to bring them such an An­swer as I would stand to on Thursday the 25. fol­lowing, which accordingly I obeyed, and delive­red in my Answer subscribed with my Name.

The same Thursday two of the aforesayd Ju­stices signed a Warrant to hear the cause concer­ning the Murther and bloud, the Munday follow­ing, at the White Lion at Lambith, where I at­tended with my witnesses, but Hannah Jenks and the rest of her malicious complices were not to be found.

I cannot omit one passage which happened there at that time, which was, that there being then present, a poor Beggar Woman, who heard something of the business of that meeting, and did speak some words tending to cleare my inno­cency, whereof the Justices being informed, they presently sent for her, and committed her to the County Goale (though she totally denyed the ac­cusation) where shee lay in great wants and mise­ry five weeks at the least; and though she offered them often Bayle, such as shee was able to pro­cure, and made severall Petitions unto them, ex­pressing [Page 26]her sad condition, yet shee could find no mercy in all that time, till by reason of wants of bread and other necessaries, she fell very sick, and was neere the instant of perishing, when they con­discended to Bayle her out, but afterwards did not prosecute her at all.

Hannah Jenks and her witnesses sayling to ap­pear, it occasioned another appointment, which by their Warrants dated the second of September was to be on Monday after, being the fifth day, at the Bull head Tavern in Southwark; there I at­tended them with my Parliament Keeper, where I found Mistriss Jenks, her husband, and James Freeze, and some other complices, such as bribes, promises, and similitude of wickedness could ga­ther about her, where indeed her nimble tongue like a Trumpet, sounded forth such loud noyses and falsities (which much retarded the businesse of that day) that I began to believe that she would swear up to the heigth, according to her former custome, that my innocency (how white soever) might be clouded by her oaths.

But this day wee were put off and adjourned to the same place on Friday following, where Mrs. Jenks with her tribe sayled not. They were cal­led presently in by the Justices, and were private with them almost all the afternoone, under a pre­tence of being examined, though there bee very [Page 27]great reason to beleeve that they were not then examined at all, but only asked questions to a pre­sented paper which was sent unto them from Mr. Fountayne, which was the rather beleeved, in re­gard he that was pretended there to be the Clark that writ, and to have taken the Examinations, could hardly read them when they were put into his hand for that purpose. But howsoever, mee thinks, this privacy was not consonant to the old Law of England, which in cases of Life, brings Witnesses face to face, and admits crosse Exami­nations, the Law being most especially tender of Life, and never intending that should bee taken a­way without all possible Defence of the accused party.

But at length (to give the Divell his due) I ha­ving attended on this secret Conference all the Afternoon, my selfe and witnesses were called in, and those I brought were such as I doubted not, would convince the Justices of the falsity of the testimony against mee, and cleare mee of the crime.

But I no sooner entred, but I found a Warrant signed and sealed by the Justices, for my Commit­ment to the County Goale, which my Keeper opposing (as in right he ought) they threatned to imprison him, and called for a Constable to carry me away. But none being then present, the better [Page 28]to gaine time while they could get one, (wherein they neglected no diligence) they yeelded to hear two Witnesses on my side, whose testimony was sufficient to have satisfied them. But still they forget not with all earnestnesse to call for a Con­stable to Hurry mee away. But at last upon much entreaty, almost upon the knees of some of my children then present, they prevayled with them to read the Parliament and Armies Votes, before expressed, about the business, whereby they were Voted false Accusers, and to have corporall pu­nishment: And thereupon with much adoe and great difficulty, they yeelded and consented to take Bayle.

And heere I cannot but note by the way, the mercy and regularity of these men, who at the same time did, (what Nature cannot doe) splitt me into a double Prisoner; a Prisoner I was to the State, under custody of the Supream Power, preceding theirs, and yet during that time they made a mittimus, and would have sent mee to the Common Goale of the County, which may bee conceived a high presumption to take mee from the Parliaments immediate Officer, and send mee to another Prison, without their leave or pri­vity.

Observe by the way, heere is a Warrant sign­ed without examination of the party accused. [Page 29]Next the Justices offer to take a Prisoner out of the hands of that power by whose Commission they sare.

And lastly, notwithstanding the mallice and falsity of these Prosecutors appeared by the Votes of Parliament and Army, they Bayled me after they had made a mittimus to commit mee for Murther.

On Tuseday the 30. of August I was sent for a­gaine to the Committee of Parliament at the Star-Chamber, who there Examined Witnesses to proove their Charge against mee; as they did also on Saturday following: At which time I was injoyned to bring in proofes to justifie and maintaine my Answer.

On the 8. of September following I brought my former answer, wherein I quoted the objections made against mee in my charge, and to every per­ticular put in a distinct answer, with the names of the witnesses in the margent which were to prove the same.

But I should have told you before, that during the examination of witnesses against mee, Freeze & Hannah Jenks were the chief, who were so tran­scendently malicious, that they swore at any thing they thought might prejudice me: for James Freeze, [Page 30]who was the chiefe witnesse was there in the face of the Court proved to have sworne false in two of his Testimonies, whereupon I excepted a­gainst them, as witnesses invallid, and their evi­dence not to bee taken for that they had formerly in their prosecution against mee, beene voted by the former Parliament false accusers, and to have corporall punishment, with which vote the Coun­sell of Officers of the Army afterwards concurred, upon a new complaint made to them by those wretched creatures, whose malice was unquench­able and restles.

My exception to them after some debate was allowed good, for that they who would sweare falsely in one thing may doe it in another.

And you may guesse by this, that if the chie­fest prosecutors and witnesses, were of this stampe, that the other by them procured and suborned, were not of a much better allay, as hereafter wee shall have occasion to instance.

But see the insecurity and impudency of wick­ednesse and the constant though unexpected pro­tection that Divine providence ever provides for innocency, though what hath beene before allead­ged might have sufficiently invalidated their Testi­mony and Credits before any Court of Justice, yet it plea [...]ed God for further discovery of their impious plots against me to stir up the spirit of one [Page 31]Mr. Francis Anguish who was then an accidentall auditor of their violent prosecutions of me, [...] de­clare the truth; Which was, that he being a Pri­soner in the Fleet Anno 1649. at which time Freeze was then also Prisoner there, hee often heard the sayd Freeze, Jenks, and others, plot together a­gainst Sir John Lenthall, and conclude, that they would indevour to hang him, if they could, by ac­cusing him of Murthering and Poysoning of Pri­soners. But if they could not prevaile, to take a­way his life, then they would accuse him of De­linquency against the State, and by that meanes Freez and the rest would get a share of his estate, and that they made no question, but to bring their plots to passe when the time should serve, and a new Parliament should sit. Which evidence Mr. Anguish justified upon oath to the Committee; who examined him upon what grounds, or upon whose instigations he came thither to evidence for Sir John Lenthall? who answered that he being present at a former examination before them, and hearing the said Freeze and Jenks so to prosecute him, according to their former combinations and conspiracies, he could not in conscience but declare the truth of that which hee had formerly heard and knowne them to conclude. But hee averd, as truth was, that he never had any reference to Sir John Lenthall, nor was never mooved to give this Testimony by any but his owne conscience: and be­sides Mr. Anguish severall other witnesses instifi­fied [Page 32]their unjust endeavours and false accusations against Sir John Lenthall; and as these fiery trialls have already cleared me, so I doubt not, but time the mother of truth, will make it more appeare. But Mr. Fountayns mallice was of a harder mettall then to be blunted with all this; for of a Judge (as he formerly took it upon him) hee was now become a Sollicitor, dayly attending, incensing, and informing the Committee against mee: and his spite was so successefull, that hee prevayled to have Bills posted up at Westminster Hall Gate, and other places, inviting all that had any Com­plaint against mee, to repaire to the Committee where they should be heard.

I was commanded to attend the Committee two or three dayes every week, from August, till the beginning of December following. By which time they had received, heard, and considered all accusations and complaints which malicious ene­mies, or suborning suggestors, could bring or pro­cure: and the Committee were ready to draw up their Report and to make it to the House, of all their proceedings herein with all possible speed, but the Parliament resigning their power the 12. day of December, into the hands of his Highnesse the Lord Protector, I was plunged into a gulfe of misery, as never any distressed person was. The power that layd mee in Prison and sequestred my estate, they were dissolved. Those that had mee [Page 33]in Custody, neyther would, nor could release me. I was at a stand, and amazed: Remedy and Re­liefe I knew of none; yet notwithstanding, some worthy and conscientious men of the Committee taking my sad condition into their pious conside­rations, whereof the Chayrman was one, though they had resigned their power, yet were pleased for conscience and truths sake, to declare their Judgements and Opinions, by a Certificate under their hands, bearing date the 6. of January 1653. wherein they did certifie, That the Charge a­gainst Sir John Lenthall in Parliament, consisted of three severall heads. The first, for Escapes of Pri­soners. The second, for Delinquency. The third, for Murther.

For the Escapes, they Certifie to have beene very few, in respect of the great clamours made against him; and that those were meere matter of Law, and properly triable▪ and determinable there.

For the Cause of Delinquency, they Certifie, That by the Judgement of the former Parliament, 15. September 1645. the same was resolved scandalous, and the Prosecutors in that Cause to deserve exemplary punnishment; which Votes of Parliament were after confitmed, by the Votes of the Councel of the Army 1649. upon the pro­secution of the Persons and Witnesses in the for­mer [Page 34]Complaint, and we find nothing in proofe to the contrary.

For the murther, We judge that Charge to be most malicious against Sir John Lenthall, and that he is innocent of any such crime, and we do con­ceive the said Charge to have been prosecuted with much malice against him, and the testimony of the Witnesses to be altogether invalid; to which Certificate they subscribed their names.

I being left thus destiture and disconsolate with­out my liberty restrained in Prison, and deprived of my Estate, and consequently of all subsistance, It pleased God to prepare means to turn my mour­ning into joy, by putting the civill Sword into my Lord Protectors hand, I addressed my self unto his Highness by my Petition, and had the happiness to be one of the first fruits of his justice, who im­mediatly referred it to his honourable Councel; they with the like dispatch appointed foure of themselves a Committe to heare and examine my Cause, by whose command I attended on Monday the 16 of January where they tooke the business into consideration, and with much inte­grity, Justice, and prudence, examined the state of my accusation, as it stood before the late Parlia­ment. So consciencious and scrupulous they were, that they not only deliberately perused all the Pa­pers that I produc'd, but most judiciously (as inten­ding [Page 35]to heare at both eares) sent for all the Notes and Examinations which remained in the hands of the Clerke of the Committee of Parliament, by which they might be truly instructed of all accusa­tions and informations against mee, which the Clerk accordingly brought in, and upon a through and mature consideration thereof, those honou­rable persons were pleased (after they had with great diligence and patience perused and examined all that could be said for or against me) to make their Report to the Councell the 24. of January how they found the State of the businesse.

The Lords of the Counsell debating the busi­nesse upon the Report ordered the 27. of the said January, that it should be referred to the Lord Chiefe Justice Roll, and to other Justice or Justi­ces of the Upper Bench, to examine all Complaints against Sir John Lenthall, so as the same may be de­termined in a legal way, & therby they were requi­red to take such course for disposing the custody of the Prison and Prisoners as may be most secure and advantagious for the Creditors, and is agreeable to Law and Justice: and certainly if that way had been thought of before, Serjeant Dendy had not now had so many Escapes brought against him, nor so many men in all probabilities endangered of so many considerable D [...]bts, nor my selfe have had severall Declarations brought against me for Es­capes made and suffered in Serjeant Dendy's time [Page 36]when hee was possessed of the Prison.

By Vertue of the Order of the Counsell, the Lord chiefe Justice, and Mr. Justice Aske, summo­ned Serjeant Dendy and my selfe to appeare before them on Munday the 30 of January, where wee both attended with out Counsell, and after a full debate and examination of our respective interests and titles in the said Office, His Lordship and Mr. Justice Aske were both pleased to declare that Sir John Lenthall had a good title in Law, which neither Serjeant Dendy nor his Counsell ei­ther did or could denie.

Thereupon the Lord chiefe Justice and Mr. Justice Aske did make their Certificate to the Lords of the Counsell, Dat. the 13 of Febru 1653. that upon hearing Counsell of both sides, they found that Sir John Lenthall had a good title, which Serjeant Dendy did not deny, and that they were informed and it was confessed by both parties, that divers Prisoners, who were in Prison, when Serjeant Dendy first entred into the custody of the Prison, are now absented, to the great pre­judice of their Creditors, and dishonour of the Law, and of the Upper Bench in perticular, wee have thought fit to settle Sir John Lenthall in the Office of the custody of the Prison and Prisoners, which course wee conceive to bee most secure and advantagious for Creditors, and most a­greeable to Law and Justice.

[Page 37]The Judges did also declare in open Court the 11 of February, that the Lord Protector and his Coun­sell had appointed them by their order to heare a­ny complaints against Sir John Lenthall, so that they might bee determined in a legall waye, and that they also required them to settle the custody of the Prison and Prisoners, according to Law and Justice; and therefore they did declare Sir John Lenthall, to bee Marshall, and admitted him to sit in Court, and to take the custody of the Prison, and Prisoners pon him, and ordered a Rule of Court to bee entred to that purpose which was done accordingly. By vertue whereof I was pos­sessed of my Office and livelihood, and after some strugling with Serjeant Dendy was suffered quietly to enjoy it. And I cannot but heere acknowledge and extoll Gods wonderfull and abundant good­nesse, who out of the depth of his mercy, looked upon mee in the depth of my miseries, and out of the strength of his power delivered mee from the malice of my potent enemies who were ready to devoure me and swallow me up.

Rationall and conscientious men might thinke this had beene enough to have cleared any man: the Law (which I ever threw my selfe upon, and the Law is the supreame directory and definitive sentence of all our actions) had reinvested mee in­to that which was my owne propriety, and would have inflicted a condigne punishment upon mee [Page 36]in any thing wherein I had offended.

That honourable Court of the Upper Bench had power to take cognisance of any offences I should commit, whose eares are ever open to heare and relieve the injured and oppressed, which might have incited my adversaries to have com­plained there, whose mouths were not stopped in seaven yeares before from thundring out their false clamours against me in all places. But behold the insatiable malice which my wicked adversaties bore against mee (which will lie like burning coales on their owne heads) ended not heere, my estate and inheritance had stood their shock. But by Gods protectiō they could not shake it, therfore their wicked spirits must now rove higher; they conspire to strike at my life againe, and endeavour to wash their hands in my blood.

And indeed it was one of the most accursed pieces of wickednesse in all the world, to endeavour to plunge mee into such infamy, who have lived, as I hope, in honest repute in my Countrey, that have seene many children and childrens children, that have beene thought worthy by the highest powers to bee imployd in all commissions, and almost all Committees in the County, where I have dwelt so long, and sate upon the Bench there, to bee brought to bee tryed at that Bar where I had so long sate, and into the danger of so shame full an [Page 40]end as our Law ordayned for Murther; and to say more, the Divine Law threatens for this offence, I heartily wish it may not fall heavy upon the heads of my accusers and prosecuters.

But now the Assises begin in Southwarke, I ap­peared there according to my Bond, but no pro­secutors shewing them selves. I desired they might be called and their Recognisances might be retur­ned, which the Court granted, and so called them, whereupon one witnesse appeared whese name was Robert Ell [...]s, upon whose Testimony it was sup­posed the whole manifestation of the businesse would lie: this man being urged by the Court to prefer his Bill of Jndictment against me, he openly professed he knew nothing against mee, and could not tell how to preserre a Bill, and so refused to prosecute, saying further, that hee was inforced by the Justices to whom the Parliament referd it to en­ter into Bond, otherwise he should not have done it.

Edward Jenks another of these Witnesses, and one of the chiefe contrivers of this plot also appea­red, who being required to prefer a Bill, hee told the Court that he came not to prefer any Bill, but was assured by Mr. Blackwell, one of the Justices then sitting upon the Bench, that an Indictment should be drawne, and preferred, and cost him nothing, and that he and the other Justices requi­red him to prosecute, which he refused to doe.

[Page 41]Thereupon hee was so impudent to tell the Ju­stice to his face in the open Court, that he threat­ned him to send him to the Goale, and was ready to doe it, if hee refused to bee bound to prosecute, the fear whereof compelled him to be bound.

But see the bold spirits of these men, who durst charge so fowle, unjust, and malicious a matter, in open Court, upon a Justice then present, and sitting upon the Bench. But the Judge required Jenks eyther to prefer a Bill, else he should forfeit his Recognisance; hee denied it, and plainly an­swered, that hee knew nothing of his own know­ledge against me, and that hee was compelled by the Justices to doe what he did, and that his pro­secution was meerly by their command.

Upon this the Court commanded the Clerk of the Assizes to draw up an Indictment, and order­ed Jenks to give Instructions, which was done as far as their Evidence would bear, But Jenks disli­ked it. The Judge commanded him to goe to any of his own Counsell, but hee did not doe it, ney­ther as was conceived could he finde any matter to ground an Jndictment upon, and so none was pre­ferred; whereupon I was acqitted by Proclamation the last morning before the Assises were ended and adjourned.

I having suffered such an infamy and disgrace, I [Page 37]considered with my selfe and Counsell, which way to redeem and vindicate my wounded credit and reputation. And for that end I was advised to Indite the Prosecutors for Conspiracy against my Life, at the next Quarter Sessions holden for the Courty of Surrey, which I accordingly did. The Bill was found against them all, and they stand convicted.

And that every one might see what kinde of people they are, I shall tell you that since those proceedings, Freeze being imployed in some place about the Excise Office, hee hath beene put out thereof, being convicted of bribery, and deceiving the State; Oliffe and Magewick have beene since convicted and sentenced for bribery and perjury, at the suit of other men.

But I cannot omit to expresse some passages of Mr. Fountayne, which came lately to my hands from Mrs. Jenks, and Mrs. Somerscall, in a paper which they sent mee the first of August 1654. by them subscribed, wherein they directly expresse that they were urged with great earnestness by Mr. Fountayn to prosecute me, which they refused to do, yet Mr. Fountayn was restlesse, & could not be satis­fied till he compelled them to come in; for which purpose he meeting Mrs. Somerscall in Westminster Hall, one Saturday evening (for these are the words of the Certificate) hee asked where is Mrs. Jenks▪ [Page 42]and commanded her to tell her that wee have been in jest with Sir Johns business all this while, but now we will go on with it in earnest, which he so prosecured, that hee got an Order from the Committee, for the Witnesses to go into Surrey, which they refused to doe; then Mr. Fountayne sayd to the Committee, wee must force the Wit­nesses to goe into Surrey, or else wee shall never cut him off. Behold the greediness of this bloud-thirsty man, who when he could find no Witnes­ses that could or would prosecute, he would raise some up, and compell them. Oh! I cannot but wonder how this mans heart contracted such an unparalleld malice against me, who never had dif­ference with him, but often retained him in the times of his practise as my Counsell, and estee­med him as my friend. And truly I cannot in cha­rity but bee so much his friend still, as to pray to God that the judgment pronounced against bloud-thirsty men, may not fall upon him.

The 22 of August 1654 Hannah Jenks sent ano­ther Paper unto mee to this effect, that whereas, she had formerly prosecuted me with divers accu­sations of some Capitall crimes and offences, these are to certifie that she received the notion of them from others informations, and by their onely pro­curement and instigation did pursue those allega­tions against Sir Iohn Lenthall. But insomuch that they do not lie in my proper and peculiar know­ledge, [Page 43]I doe heerby utterlie renounce and abjure all farther prosecutions and proceedings against him, to which Paper she subscribed her name be­fore credible witnesses. And these are the persons that led up the chiefe place in my severall accusa­tions, and by these you may easily guesse the rest.

I have heere presented the large heapes of my disasters and troubles, my Prison thoughts and Prison experiences; I had infinite afflictions and yet infinite comforts, light out of darkenesse, and joyes out of sorrowes; the Lord manifested him­selfe to mee in my secessions and imprisonment, which was but a sequestration from the world, that I might the more converse with God, and this done hee manifested his glory and power in deli­vering mee from the Jawes of the Lyon and Ly­ons whelps. I had in all my troubles a strong trust and confidence in my God who hath drawne mee out of many waters and through a brasen wall. To him I referre my selfe, vengeance is his, and he will repay it, and if man shall not thinke fit to make me satisfaction for these wrongfull expressi­ons (which I hope they will) yet they are in Gods hands, to whose providence and protection I who­ly referre my selfe; for the Lord is my strength and my shield, my heart trusted in him and I was hel­ped, therefore my heart shall rejoyce, and with my song will I prayse him.