SAlomon sayes, There is a time to keepe silence, and a time to speake.

I have lately vnderstood that I have much suffered by a report throwne abroad by some gentlemen of Norfolk (who were in Lynne during the siege thereof) of a foule practise & com­bination of mine for a secret surprise & arrest of sundry of those Gentlemen, and a meeting to that end contrived & appointed by me to be at Swaffham in Norfolke, & I am seasonable awakened to speake for my selfe, and to endea­vour to wipe off this unjust and ma­ligne spatter upon my name and repu­tation.

In 1643 the Towne and Borough of Kings Lynne in Norfolke being fortified by the Mayor, Aldermen, and Com­mon-Counsell there, and a souldi­ery raised by contribution in addition to the Trained-bands, for the defence thereof, they passed a Declaration, not to deliver the Towne to any not authori­zed to demand it by joynt consent of King and Parliament.

Afterward the Earle of Manchester (being authorized and appointed by the Parliament to reduce Lynne) sent a Message to the Major, and demanded entrance, & Passage through the same, in the name of King and Parliament, but was denied and refused.

A short time after (among sundry o­ther Gentlemen that repaired thither) Sir Hamon L'Estrange Knight (living within twelve miles thereof, and one who had often tasted of the bitter cup of the times, and had advertisement of new menaces towards him,) went thither also for safety, and within two or three dayes the Town was besieged [Page 3]by the forces of the Earle of Manche­ster, during which time Sir Hamon L'Estrange was plundred of seventeene hundred sheepe, and sundry other goods and cattell to the value of above twelve hundred pounds.

After the Towne had been besieged about three weekes, it was rendred to the Earle of Manchester, upon Arti­cles agreed betwixt Commissioners on both parts, whereof the sixt is as fol­loweth.

The Commissioners on the part of the Earle of Manchester doe agree, that nei­ther the Persons, nor Estates of any of the Inhabitants, Gentlemen or Strangers, now resident in Lynne, shall be hereafter any waies molested or prejudiced, for a­ny thing past or done by them, or any of them, since the Earle of Manchester his comming into these parts.

Nneverthelesse,

Upon the ninth of December fol­lowing some Inhabitants of Lynne pe­titioned [Page 4]and obtained from the Lords and Commons and Order as followeth.

Forasmuch as the Earle of Man­chester in his Articles of agreement with the Towne of Kings Lynne remitted their offence in reference to himselfe and his Army, but touched upon no private injuries done by the Malignants to the well-affected; It is Ordered that such persons as did any damage to their houses or Mills, or any other wayes unto them, shall make restitution; and that Colonell Walton ( Governour of Lynne) M ^r Percivall and M ^r Toll (Mem­bers of the House of Commons) shall enquire the damages, and make reparation under paine of sequestra­tion ( from Colonell Walton, M ^r Peircivall, and M ^r Toll, of so much as will make reparation) up­on default.

This is no place, nor is it pertinent to the scope of this discourse, to glosse or paraphrase upon the Order; but to speake to matter of fact onely in que­stion, Sir Hamon L'Estrange (having a responsall estate (wherein he was sui juris, and dwelling nigh Lynne) was charged by warrant from the said three Referees to pay sundry great summes of mony, which (for feare of sequestra­tion menaced in the said warrants) he was subdued to pay, to the sum of be­twixt two and three hundred pounds.

And before the dayes were accom­plished for payment of more monyes upon the warrants of the Referrees, Sir Hamon L'Estrange, and one Robert Clench Esquire, complained by petition to the House of Commons of the viola­tion of the Articles of Lynne, and obtei­ned an Order from the House of Com­mons the 12. of May 1645 of reference to a select Committee of the said house, to examine, state and report the whole matter to the House.

In February following Sir Hamon [Page 6]L'Estrange, and Mr. Clench, being sum­moned by warrant from the select Committee, attended at London, with Counsell, and two Solicitors, and twelve witnesses, from about a hun­dred miles distance, by the space of a month, to the charge of above sixty pounds, and nothing was done therein.

Matters thus rested untill that, year 1646 in July 1646, another Charge was imposed (by warrant from the Refer­rees) upon Sir Hamond L'Estrange, and one Mr Kirby of Lynne, for the pay­ment of two hundred seventy five pounds, twelve shillings & three pence a peece, in all, five hundred fifty one pounds foure shillings sixe pence (with­in ten dayes next after notice) to the Major and Burgesses of Lynne, for dam­ages done during the siege in the demo­lishment of an Hospitall belonging to the said Towne, or to shew cause in writing to the contrary, to which Sir Hamon sent an answer.

In August following Sir Hamon L'Estrange was charged (with nineteene year 1646 [Page 7]others mentioned in the warrants of the Referrees, whereof Mr. Clench was one, and the said Mr. Kirby left out) to the payment of the said five hundred fifty one pounds foure shillings six pence, at a day prefixed, or to shew cause in writing to the contrary, to which also Sir Hamon returned answer.

And thereupon he wrote & sent let­ters to sundry Gentlemen named in the said warrants, and desired of them a meeting for conference and conside­ration about the said charge of five hundred fifty one pounds foure shil­lings sixe pence, but they all failed to meet at the day and place prefixed by Sir Hamon.

In October following, Sir Hamon L'Estrange, and Mr. Clench and Mr. Kir­by, were all three charged (by warrants [...]rom the Referrees, and the other eigh­ [...]eene (secondly charged) all omitted) [...]o pay an hundred eighty three pounds [...]ourteene shillings tenne pence a piece, [...] all, five hundred fifty one pounds [...]oure shillings sixe pence, at dayes pre­ [...]xed severally unto them.

Soone after Sir Hamon L'Estrange be­ing at London his goods were seque­stred in the Country to the said sum of one hundred eighty three pounds four­teene shillings ten pence; for the pay­ment whereof bond was entred to the Collectors, who also tooke nine pounds for fees.

The said bond being after put in suite contrary to the expectation of Sir Hamon L'Estrange by reason of a su­persedas of the said Sequestration ob­teined from Colonell Walton (and Mr▪ Corbet formerly added in supply o [...] Mr. Percivall deceased) and havin [...] stayed the said action (commenced a [...] the Common Law, upon the default o [...] payment) by Injunction out of th [...] Chancery) in Aprill 1647, Sir Hamo [...] L'Estrange repaired to Lynne to con­ferre with Mr. Toll about the said suit [...] and other suites which he understoo [...] were menaced towards him and other by some inhabitants of Lynne, who ap­prehended incouragement from th [...] successe which late before Mr. Toll ob­teined at Bury Assises upon the trya [...] [Page 9]of two Actions of Imprisonment of him­selfe and his wife at Lynne at the time of the siege there, wherein he recovered one hundred pounds for himselfe, and one hundred and fifty pounds for his wife, against Sir Hamon L'Estrange, Tho­mas Dereham, and Robert Jegon E­squires.

Mr. Toll declared, upon conference with Sir Hamon L'Estrange, that foras­much as hee was fully satisfied that the rest of the Gentlemen (who were in Lyn during the siege, & adhered to the defence thereof, & advised & abetted to the pulling downe of the said Hos­pitall, and other damages) were alike liable to the charge of the reparation, he would therfore endeavour that they might ease one another, by a more ge­nerall contribution, and was perswa­ded that if Sir Hamon L'Estrange would write unto the Gentlemen, and request a meeting for consideration thereupon, the Gentlemen would readily meet and fairely comply: Sir Hamon L'Estrange utterly disliked the motion, despair­ing of any good event, by reason of his [Page 10]former endeavours, and the repulse o [...] neglect which he received; As also because the other parties had most o [...] them hitherto enjoyed the quiet o [...] their person and purse, and hoped an [...] aymed at the continuance of thei [...] calme condition; Sir Hamon L'Estrang [...] further alledging the great toyle, trouble and charge, of writing and sending so many severall letters to so many severall, remote, and scattered parts o [...] the Gentlemens abode.

Neverthelesse the pressing advice and perswasion of Mr. Toll prevailed a [...] length with Sir Hamon L'Estrange to make tryall and assay, and forthwith hee drew the forme of a letter (which he thought fittest to be one and th [...] same to all) and shewed the same to Mr. Toll, who approved thereof, and was as followeth.

Soone after Sir Hamon L'Estrang [...] wrote letters to sixteene Gentlemen t [...] the tenour aforesaid, from some he re­ceived answer by writing, from other [...] by message, and word of mouth, bu [...] all such as gave him cause to despaire o [...] the comming or meeting of any o [...] them.

Neverthelesse at the day appointed Sir Hamon L'Estrange travailed to th [...] place (which was about eighteene mile [...] from his owne house) and there under­stood of one Gentleman who had bee [...] there and was departed, R. P. and one onely [Page 13]met there and stay'd of the many Gentlemen summoned and concerned.

Sir Hamon signified to him the cause of his desires of a meeting, and after some discourse passed interchangeably, Sr Hamon L'Estrange offered his sence and opinion, that if the heate and ear­nestnesse of Mr. Toll (who was then Mayor of Linne, and the most power­full man thereof, both by his Office and his Membership of the House of Commons) might be mitigated and a­bated by a generall reasonable compli­ance for amends and satisfaction to­wards the Hospitall, it might advantage all the Gentlemen in better acceptance towards Mr. Toll, and the Burgesses of Lynne, and coole their rancour and in­flammation towards further suites and vexations of all the Gentlemen; Sir Hamon further shewing that the summe of 551 l. 4 s. 6 d. imposed in charge of damages was extremely excessive, when hee had offered to maintaine and prove (by Mr. Kirbyes allegations and otherwise) that [Page 14]lesse then 100 l. would have made i [...] (as it was left at the render of th [...] Towne) in as good a condition to th [...] full as it was before the siege. At lengt [...] Sir Hamon L'Estrange produced a wri­ting (conceived and digested by him and subscribed by himselfe and M [...] ▪ Clench, and subscription also promise [...] by Mr. Dereham, but after retracte [...] & refused) which writing he intende [...] to have communicated to all the Gen [...] thither summoned and requested, and hoped it might have received their ap­probation, as also have given satisfacti­on to the Mayor & Burgesses of Lynne which writing was as followeth.

This writing had reasonable and faire acceptance of the Gentlemen, but reinfecta for want of appearance, and Sir Hamon L'Estrange and the Gentle­man tooke leave each of other.

Instantly after the gentleman being gone down the staires, R. P. returned againe to Sir Hamon L'Estrange, and complain­ed that hee was much abused, for through his letter and invitation hee came thither, and was now arrested at M ^r. Tolls suite by one of the two per­sons that followed him (which two had kept close and undiscovered;) Sir Ha­mon L'Estrange was much much troub­led thereat, and protested (as he now doth in the name and word of a gentle­man and a Christian) that he was alto­gether innocent and ignorant of any such intention, practise or purpose, and one of the officers said, he durst swar [...] that Sir Hamon L'Estrange knew no­thing thereof, and Sir Hamon himselfe had no sooner said, for any thing that I know I may be arested also, but forth­with he was also accordingly arrested.

And whereas Sir Hamon L'Estrange conceived the arrest to be concerning the Hospitall, afterwards he percei­ved upon the plea and declaration of M ^r. Toll, that he contrived a new Acti­on against Sir Hamon L'Estrange and other gentlemen for his imprisonment, and laid it at very great damages, hop­ing that the great number of defend­ants (as many hands make light work) might invite the Jury to a liberall ver­dict, the former recovery at Bury being farre short of his content and satisfacti­on, but his wrong calculation was soon convinced by the cleare sence of the Judges in open Court, declaring that he was barred from a second action by acceptance of the verdict at Bury.

Thus M ^r. Toll for the accomplish­ment of his owne ends deceived Sir Hamon L'Estrange his confidence, and further exposed him to become a sus­pected object of unfaithfulnesse to­wards others; but he hopes that to can­did thoughts this narrative will wash him cleane from the soile of any such [Page 18]silly conspiracie against himselfe, or unworthinesse towards others; And for such as have been and still continue actours and abbetters in the reproach of Sir Hamon L'Estrange, let them bee filthy still, Revel. 22.11. Con [...]umeliae spretae exoles­cunt, si irascare agnitae videntur, Contu­melies are best confuted by neglect and contempt, to bee angry is to confesse the charge.

So much for history and vindication, And now Ille ego- I am the man that have thus crept into the presse to shew the oppression of my reputation by some whose selfe-seeking ends are their best oratory, and who furrow their browe [...] at the noyse or apparition of any thing that may endanger to les­sen or lighten them in the scales of rea­son, and thinke with the Sepia or Ink­fish to hide themselves in the black and muddy water of malediction of o­thers; And I thanke them for this un­kind summons, and shall now repre­sent unto them (as in a glasse or mir­rour which hitherto hung atergo, at [Page 19]their backs and behind them) the face of their owne state and condition vive­ly pourtrayd with the same penicil and parallells with mine, by which they shall not envy me their fellowships in my fortune by any lawfull meanes, as by unlawfull it was and ever shall be as farre from my thoughts as unworthy of a Gentleman, and an honest man.

Acts of Community, Society, and Adhae­rence bind all such as are parties there­unto.

The Mayor, Aldermen and Common Counsell of a Towne, City, or Corpora­tion, agree together in the defence thereof, and whosoever therein adhaeres thereunto by either open & expressed, or tacite consent, or not expressed dissent, is liable to the fortune and event of every Act of the Mayors command proper and usuall, or probable and reasonable, to­wards that defence.

Here I say first the Mayor, &c. who hath the power of Government Ma­gistratus opidanos obligat intra eos actus quisolent ab ipsis imperari, The Ma­gistracie [Page 20]binds the Inhabitants in such things as they usually command, alio­qui consensu opus est, otherwise there must bee a consent, and therefore I say doe agree together, (which agreement is mentioned page the second) and then facta per regentes Civitatem sunt facta per ipsam Civitatem, the act of the Ma­gistrate is the act of the Towne or City, and qui Civitatis vice fungitur rebus op­pidanorum uti, perdere, & alienare po­test ob publicam utilitatem quae privatis aliquod jus in aliena concedit, the Ma­gistrate (who is the representee of a Town) may take, spoyle, and exchange the goods of the Inhabitants for the common profit & preservation, which also gives every private man a right one unto another.

Then I say Adhaeres, &c. the Civilian sayes Adhaerentes dicuniur qui sunt ejus­dem velle eu jus est ille vel illi cui vel qui­bus fit adhaesio, They are said to Adhaere who are of the same minde with them to whom they adhaere.

Plaine and Positive Adhaering is [Page 21]by agreement, helpe, counsell, liking, approbation, and this in mat­ters of criminall offences branches into Accessaries

• before,
• after.

There is also Adhaering of Privation (as I may call it) like our mesprision by not forbidding, not countermanding, not diswading, not discovering.

But in the greatest and lest offences as treasons and trespasses, (of which last our alledged offence is a species or branch) there are no Accessaries but all are Principalls.

• 1 The Gentlemen resorted to Lynne, and concurred with the sence of the Mayor for the defence of the Towne.
• 2 They daily dieted and tabled to­gether.
• 3 They daily otherwise met, confer­red, & consulted for their owne preser­vation & defence of the Town of Lyn.
• 4 They contributed to the mainte­nance of the Souldiers, every one in­serting his name, and the summe hee gave per weeke in a list or paper.
• [Page 22]5 They nominated one of them­selves to be collector and distributor of those monies.
  R. P.
• 6 They went the rounds nightly in their course, according to a set rule.
• 7 They daily oversaw, and gave di­rection in the works and fortifications, and therein Mr. D. was the prime In­genier by his late before long converse and observation of the fortifications at London.

Thus their Adhaerence is sufficiently set forth and manifested, and conse­quently clearely sentenced liable by the opinion of the Judges openly deli­vered as is mentioned in the copy of the letter dated April the 6. 1647. p. 6.

Lastly I say Adhaering to such agree­ment is liable to the fortune of every Act of the Mayors command, proper and usuall, or probable and reasonable, towards the defence.

Here Defence is the subject, and eve­ry act conversant therein (which must bind the Adhaerers) ought to be such as (with respect to all the Circumstances [Page 23]of war) is usuall and practised, or agree­able to the best reason, sence and equi­ty, and untill a negative bee had, the affirmative allegation, and presumpti­on herein stands good.

Here I might enter into a spacious field of matter, but I will not hazard to lose my selfe by excursions; what is said may serve to the scope intended, which was to lay downe the Position, Definition, Description and Proofes of Adhaerence and Adhaerers.

If any will alledge and plead this or that damage was otherwise or more then I meant, this will not serve, being either usually practised or proper to the work, or not contradicted or oppo­sed, ex toto enim noluisse debet qui im­prudentia defenditur, he that will save himselfe against the charge of this or that which is done, must have appeared altogether unwilling before it was done.

Nor will it serve to say I was not pre­sent when this or that was done, or I wished or would have been gone (as [Page 24]Sir Hamon L'Estrange & others, though that speaks most reason where follow­ed a totall after defection or falling off) or such an one did most, (and therein Sir Hamon L'Estrange hath not where­of to boast) or to make comparative al­tercations or impeaching one another, (as schooleboyes when they goe to whipping) but actum est, the match is made, and al concurred in the common action, and hee that did least meant to take the benefit of him that did most; rather the argument lies most against them that did least, because like lazy droanes they meant to eate the hony of others labours, and taste what they never toyld for: but the Imperiall and Civill law (which ought to Judge in all questions of Warre & Armes) tells us, In societate pactum de lucro intelligitur etiam de damno, In Partnership the match is made whether we gaine or lose, and every one to beare his pro­portion, and aequum est ut communia habeantur damna quae societatis causa contingunt, It is just that damages [Page 25]should be repaired in common which [...]n community were committed.

And to weigh it yet more exactly by [...]he best royall Standard, David sayes, 1 Sam. 30 24. As his part is that goes downe to the Bat­tle, so shall his part be that stayes by the stuffe, they shall all part alike, nay hee goes further and makes it a perpetuall act, And it was so that from that day for­ward he made it a statute and ordinance unto this day. 25.

But pessimum venenum sua cuique vti­litas, self-seeking and private ends and profit does often so befogg and darken Judgement that what is equitable and generous cannot be discerned.

Had the Gentlemen either at the first resented the violation of the Ar­ticles, as the common concernment, and every one said to himselfe nunc mea res agitur, when the neighbours house was on fire; Or hearkned to my mo­dest desires according to the justum & decorum of our confaederation, and shouldred together for the mainte­nance of the partnership & society be­gun [Page 26]at Lynne, and pleaded togethe [...] our Charter of the Articles for our defence and indemnity, I had not been singled out and made the sole or chief anvile of the highest displeasure fo [...] that action, which (to our sence) was a [...] clearly abolished by those Articles, a [...] the Sun ever shined; Nor had there bi [...] place lest for these jealousies and contumelies of the Gentlemen, nor for thi [...] mine Apologie and vindication; In th [...] meane time I must tell them they are all in my debt, and some of them have paid me the wrong way, and though the respect to my numerous family and issue may move me to say unto them with the Epigramatist,

Yet when my few and short argu­ments for the law of Society shall be answered, (wherein some of them who are forward enough, projicere ampull as, & sesquipedalia verba, shall do well to appeare) I shall then most willingly ac­quiesce to have paid most of all the [Page 27]score, and give a discharge, and till then [...] charge most of the gentlemen either never at all, or too little to have learn­ed, or too much, and too soone to have forgotten, those just & excellent rules and dutyes of humanity, entercourse, civilityes and deportment (in all acti­ons and affaires of life) taught us by our old Tutour Tully in his Offices, of which booke (as we say the Quartane Ague is opprobrium medicorum, the shame of Physitians, because it poseth them to cure it) so I say of that booke of the Offices ( in cujus nomine animi­tus semper recreor, to borrow a few of his own words) though by an heathen, is so divinely written (pardon the exu­berance) as may bee called opprobrium Christianorum, the shame of all christ­ians to be so posed in the practise.

I have here spread plaine and smooth to open viewe the charge and imputa­tion upon mee, and my defence and answer thereunto, And after I indict the Gentlemen at the common barre of universall opinion and Iudgement [Page 28](wherein neverthelesse I except a [...] absolve some of them, ‘Queis meliore luto finxit praecordia Titan,’

And who have opened and offer [...] themselves in all generosity and ju [...] reason to me) upon Apostacy and r [...] volt from the solemne principles society and confaederation; if th [...] confesse the Indictment I leave the [...] to the fortune of a fine and censure [...] their reputation; If they traverse, [...] am ever prepared and ready with fu [...] ther evidence for the triall.