I Have no disposition, nor ever had, to be knowne by any publique writing: These miserable times, which fill many mens mouths, and most mens eares with noto­rious untruths, thereby to blast and de­stroy the Kings Sacred Majestie, his Lawes and Go­vernment, and to bring in a confusion; enforceth me at this time (who formerly have written nothing but for the publique) to let the world know how unjustly the Pamphleter of this weeke, Licensed by our Refor­mers, hath traduced me touching a Suit commenced in their Court of Chancerie against me, by one M. Er­neley a Wiltshire Gentleman, touching the Estate of one M. Thomas of Glamorganshire: The truth whereof is as followeth:

M. Thomas, whose Father and my Grandfather were two Brothers, about 17 yeares past made his Will, and declared by the same his son being then of very tender yeares) a Ward to his Majestie, and made him his Ex­ecutor, and my selfe during his minoritie, (referring to his Wardship) to Administer his Estate perso­nall and testamentary, and to be accomptable to his sonne when he came to age: And 17 yeares sithence the Father dyed.

This Estate consists in a stock of Sheepe, so dispo­sed by me as the number are yet continued, and for [Page 2] the number and condition, they were at their delive­rie back, to be made as good by those persons who had the charge of them, as they were when they were rec [...]ed.

The rest of the Estate (for any considerable part) was in mortgages of Land, forseited in the life of my young Cousin Thomas for many of them; and many absolutely purchased by me in his name in his life time, for the which I am not yet payd.

The Land discended, and ought, upon Sir Edward Thomas, my Cousins Heire at Common Law; so that M. Erneley, the Plaintiffe in Chancerie, hath no co­lour for the Land: For my young Cousin dyed with­out issue about 17 yeares old, and could not dispose of the Inheritance of any Land by any pretended Will: The stock of Sheepe remaines, if the Plan­tiffe and the Reformers have not Plundered them: For the Money, it came all to the Court, it was to sa­tisfie the King for the Marriage.

The colour the Plaintiffe hath, is this: After the death of my old Kinsman M. Thomas, by undue means the young Gentleman was married to M. Erneleys Daughter, in a way of Ravishment, being both chil­dren, without one penny paid, or consent of Friends or Kindred: For the which, a Suit of Ravishment de­pended against M. Erneley and others in the Court of wards.

The young Gentleman dyed about 17 yeares of age, sithence these confusions, without Issue; and some houre before my young Cousins death (who dyed of a pestilent Feaver) M. Erneley pretends a Will made by him, and that he made his wife (M. Er­neleys Daughter) his Executrix: His said wife dyes [Page 3] soone after, and is pretended to make a Nuncupative Will, and to make her Father (M. Erneley) her Exe­cutor, and so pretends as Executor of an Executor of an Executor: which pretended Wills, he saith he hath proved in the Courts of his Friends, the Refor­mers.

Whether such Wills were made or no, must receive an equall examination, and of what validitie they are, being pretended to be made by children in extremis, if made at all? And whether an Executor of an Execu­tor of an Executor can maintain an accompt by the Law of the Land? And whether (I being Executor during the minoritie, viz. the Wardship) my young Cousin could make such a Will as is pretended, he being no Executor till his full age.

The age touching Wills, the Law of this Land de­termines to be 21 yeares, 37. H. 6.5. 21 Ed. 4.24. and before that age at Com­mon Law an use could not be devised. For Wills touching Goods and Chattells, our Law for many ages have left the same to the decision of the Civill and Canon Lawes, in the Bishops Courts: That Law, (as Iustinian hath it in the second Booke of his Insti­tutions, the twelfth chap.) is, Impuberi non licet testari: This Pubertas begins at 14, it is Plena pubertas at 18 yeares of age; The question is, whether this jus te­standi is in pubertate plena, or pubertate inceptâ: Pigots Case, 5. part of Cookes Reports, the Doctors affirmed, that 17 yeares of age was a full age as to an infant Ex­ecutor to dispose of Goods: This opinion hath bin by others sithence denyed. Sir Edward Cooke 11 part, Instit. sect. 123. saith, He must be 18, which is the time of plena pubertas. 2 Hen. 4.12. an infant of 18 yeares of age may be a deisseisour. Sir Io. Dodderidge [Page 4] in his Booke called, The Office and Dutie of Executors; which they say is his, and it is a Learned and labori­ous Treatise, fol. 347. delivers, that this opinion of 17 yeares, for that abilitie in an infant, hath been repor­ted otherwise: This latter opinion comes neerer the Common Law, and the Statute Law of the Land: which Common Law, and Statute Law, gives infants no power by Deed or Will to make any disposition of any thing they have, before 21 yeares of age.

It seems also more reasonable, because infants at 18 yeares have, by the intendment of Law, as they grow in yeares, more use of reason, to discerne what is fit for them to doe and act. And for a meere stranger to sue in a Court of Conscience, who pretends by such Wills of infants (the infant Husband being ravished) against the will of the Kindred of the deceased, who died six yeares sithence without issue (being 17 yeares of age) and that any part of his estate should goe that way by a course of Equitie, unlesse the Law be for M. Erneley, who payd not a penny with his Daughter, and who would have the Husband of his Daughter bring him a Portion, by his pretended Title of an Ex­ecutor of an Executor of an Executor, viz. of an in­fant the Executor of another infant, the Executor of a third person, seemes very strange.

The said Licensed Historiographer of theirs, hath published the 16 of this present moneth of February, 1647, That I, out of a desire to keepe the Estate, have in a Suit in the Court of Wards, in my Cousins life time, pleaded to the Jurisdiction of that Court. It is true, I did so: for I conceived that the Estate would be unsafe in M. Erne­ley's hands, and I was willing to preserve it till my young Cousin came to be of age, to dispose of it him­selfe, according as I was trusted.

[Page 5] The Law being, 32 H. 8. c. 45. 4 pars Instit. fol. 201.202. that the Court of Wards had no Jurisdiction over the personall Estate (for then the Marriage was payd for to the King, and all due to the King ascertained.) It is true, that that was insisted upon as was just, for to preserve the Estate from M. Erneley, who would have made what Accompt he plea­sed to my Cousin at his full age: And this is the truth of that businesse.

That I declined not the Jurisdiction of the Chan­cerie, to keepe an Estate in my hand, appeares, by my declining long sithence the Power of the House of Commons to examine me; and the Reformers have all my Estate: What would M. Erneley have, when they (the Reformers) have all alreadie, or can have from me, if he had any colour?

I desire the good people of this Citie to observe what notorious Untruths their Licensed Historio­graphers publish, to delude the people: In this par­ticular Case they publish;

First, That the Suit against me, is in the behalfe of an Orphan: M. Erneley (who is Plaintiffe in their Court) is a Wiltshire Gentleman, at least of 50 yeares of age; there is their Orphan.

Secondly, That I made a speech to the people at the Hall doore, that the questioning of me for what I had done for the King, was illegall; and that the Iudges had no power to trie me, the King being absent: Another notorious untruth! For I protest to God, all that I said was only this, God preserve the King, and the Lawes.

Thirdly, it is said, That comming to the Barre, I stirred not my Hat: All the Lawyers then at the Barre were uncovered; wherefore I held it a civilitie, to be also uncovered: and so I was, as they all know.

[Page 6] Fourthly, That the Earle of Manchester should say, I received a great Estate in Money of the Orphans Estate: As there is no truth in it, so it is most untrue that the said Lord said so (as all men present can testifie.) The truth is they care not what they doe what they say, what they sweare, nor what they write: Witnesse their Declaration of a prevailing partie of the House of Commons, of the 11 of this instant February; who contrarie to the Oath of Allegiance, the Oath of Supremacie, the Protesta­tion, their solemne League and Covenant, their Declarations, to make his Majestie a glorious King, fearefull to his Enemies, and beloved of his Subjects; and yet now, after 22 yeares, they would insinuate to the people, that this King, whom they have so much magnified, hath poysoned his owne Father.

Fifthly, it is a publike notorious untruth▪ That the Parlia­ment hath published a Declaration against the King, of the 11 of this instant February; whereas it is well knowne to be the De­claration of the prevailing partie of the House of Commons onely, without the Lords; and so they would make that prevai­ling partie onely to be theTheir licen­sed Historio­grapher, who publisheth this, is called their Kingdomes weekely Post, from Wednes­day, Febr. to wednesday the 16 of Febr. 1647.Parliament.

Let the people of England believe their five Sences; how it was with them seven yeares agoe, and before, during his Ma­jesties Reigne; how this Kingdome abounded then with Peace, Plentie and Glory, to the admiration and envie of other Na­tions: and now let them consider and judge by their Sences, sithence those men (whom nothing would satisfie, but all Power both by Sea and Land, which in truth is the Regalitie and Kingship, and which they call the Militia) have usurped the said Power Regall, whether they have not by Impostures and Delusions, diffused among the people by themselves and their Agents, brought a flourishing Kingdome to the most de­plorable condition it now is in.

To the end that this Kingdome may not utterly be ruined, God incline their hearts to restore his Majestie, and for their owne and their Posterities sake, to receive from his Majestie an Act of Oblivion, a generall Pardon, assurance for the Ar­reres of the Souldierie, and meet satisfaction for tender Con­sciences.