THE CASE AND VINDICATION OF WILLIAM KNIGHT, Late Minister of Whitbey in the County of York.
Wherein are discovered the Design, Means, and Instruments of his Sequestration, which happened on the 28 of December 1652. at the Committee for Plundred Ministers, Mr. Gilbert Millington being in the Chair.
LONDON, Printed in the Year. 1653.
To the Supreme Authority the PARLIAMENT of the COMMON-VVEALTH of ENGLAND.
IT may be wondred at, that a Person of my lowness and obscurity should adventure on so extraordinary a way of vindicating my self, and address my self to the judgement of an Authority so far above me. But if it be withall considered that I approach this Tribunal with the incouragement of my innocency, and that right to justice, which I have equal with any other, the wonder may cease; and it may be thought that they are not ordinary sufferings that have inforced me to this extraordinary appeal, and that the redress I expect cannot be elsewhere obtained. As for the expressions of this remonstrance I hope no man will think they proceed from rancour, or an itch to be satyrical with any mans person; but what is here said of any man is seriously and soberly spoken, and it may be, in such words as reach not their actions. The least oppression of any man though never so poor is of publick concernment, since what one suffers without redress, may be exercised in time on many: Government and acting by will and prerogative is that which we have spent our bloud to destroy, and which we all condemn when we suffer thereby. Men corrupt and acting crookedly in their places are the diseases and deformity of the Common-wealth, and therefore Justice is compar'd [Page]to a torrent, or mighty stream, both in regard its constant swift motion prevents all corruption, and its force and fierceness carries away the designs and Machinations of the mighty to their own confusion.
If in this relation I have discovered the byassed actions of any man, who by his Interest and power thinks to elude the inquisition of his injustice and oppression, I conceive my life to have done as much as if I had destroy'd a fatal monster, or defeated in the field, an open enemy to the publick. What ever I have done I humbly submit my self to the judgement of this Honourable Assembly: If I have deserved the sentence of the Committee for plundered Ministers, I shall as willingly imbrace the confirmation of it, as I hope a speedy redress if I have not. What ever become of me, since I can suffer no greater things then I have already long since endured for your cause, I shall as zealously and as heartily for the future spend my self in the advancement of this Commonwealth as I have already, either by Sea or Land, as providence shall be pleased to dispose of
Humble and most devote
Servant.
WILL. KNIGHT.
To the Supream Authority the PARLIAMNT Of the Common-Wealth of ENGLAND.
The humble Petition of William Knight, late Minister of Whitbey in the County of York.
Humbly sheweth,
THat your Petitioner having officiated in the Town of Whitbey as Lecturer for the space of two years, in the year 1649. the Inhabitants drew up a Petition to the Committee for plundered Ministers for his settlement among them as their Minister.
That your Petitioner having delayed the obtaining of the subscriptions of the neighbouring Ministers, (which he was told was necessary) till the day that the ship he did imbarque in for London was to set sail, he was perswaded by one Mr. Lovingstone and Mr. Young, (whose free subscriptions he had already gained) to make use (in that extremity) of the hands of one Mr. Hicks, and one Mr. Bushel, to a Certificate of his Abilities and good conversation, they being such as would not have denied him the right hand of fellowship; which presumption he acquainted them with, by a Letter wherein was inclosed a Copy of the Certificate, and was owned by the said Mr. Hicks.
That being come to London, in regard of his unacquaintance with the proceedings of the Committee for plundred Ministers, he imployed one Wilson for the procuring of an order of settlement, which within some weeks he brought him.
That being returned with this order he officiated quietly till Sept. following, at which time by an order from the Committee for plundred Ministers directed, to the Committee at York he was sent for thither and charged with the forgery of the said order and sent to prison, whence after a fortnights stay he was translated to the Committee for plundred Ministers, to answer what should be laid to his charge as to that order; where he pleading that he had imployed one Wilson in the procuring of it, but not producing the said Wilson, and for that he was also charged with the presumption of the foresaid Certificate by one Conyers and Mr. Adoniram Byfield he was taken into custody, where he continued a moneth till the Committee, sensible of his weakness and surprisal in the one, and satisfied of his innocenty in the other, ordered him to be set at Liberty.
That being at Liberty he went Minister in the Ship, whereof Capt. Bodelay was Captain and continued in that service 12 moneths.
That at his return hearing that the said Wilson was for some notorious crimes in New-gate, and that Whitbey had all the time of his absence been utterly unsupplied, he was desired to apply himself afresh to the Committee, which he did bringing the acknowledgement of the said Wilson, and producing other Certificates, as also a new Petition from the Inhabitants of Whitbey, whereupon he was by an Order of Decemb. 11. 1650. fully setled in the place.
Yet so it is, Right Honourable, that notwithstanding all these proceedings in July last, there were Articles exhibited against him at the Committee for plundred Ministers, four whereof relate to the foresaid Certificate and forged Order, and an 8. charges him with drunkenness, libelling, &c. by means whereof he was sequestred on the 28 day of December last.
Now in regard the Committee had formerly clear'd your Petitioner, both as to the Certificate and Order aforesaid, by their Order of December 11. 1650. And that the witnesses against him to the 8. Art. are all prophane persons and of evil conversation, and known Malignants, and by a Malignant design suborned against him, and their informations utterly false, as he can make appear.
He humbly prayes since he is not of the meanest of those that have appeared to rescue this Nation from unjust and usurping powers, that your Honours would not suffer him to be unjustly crush'd by the malicious designs of potent enemies, but grant him that countenance and redress, which you in your High wisdoms shall think the justice of his cause may deserve.
And he shall (as in duty bound ever pray) &c.
The CASE and VINDICATION Of WILLIAM KNIGHT, Late Minister of Whitbey in the County of York.
Wherein are discovered the Design, Means, and Instruments of his Sequestration, which happened on the 28 of December 1652. at the Committee for Plundred Ministers, Mr. Gilbert Millington being in the Chair.
WHen I consider the carriage of my life, even from the first dawnings of reason and consideration, that every man ought to have of the end he is to aim at in this World. I cannot but observe how that Providence, which disposeth every man to be an instrument of good or evil, according to its decrees, hath carried me on in all my actions, to indeavour the promotion of the publick good, before any private interest of mine own.
And this I must acknowledge was that, that made meat once forsake my friends and Countrey, and insensibly drew me on to be one of the earliest ingagers in that cause, which for its enemy had an usurping power in Church and State. Wherein I can give no greater evidence of my forwardness than my Personal ingaging in fifteen Battels and Skirmishes in England and Ireland, not to mention my sufferings otherwise, and particularly, my inprisonment at Durham and York, by the late Kings forces, where after the Torment of 24 hours Neck and Heel's, I remained without any [Page 2]allowance near four moneths, and of 200 English and Scots prisoners, was one of the last exchang'd.
However, I continued in my fidelity and service to the Parliament, till the beginning of the year 1645. when it pleased that spirit which bloweth where it listeth to call me to the exercise of those gifts, which my engagement in the Wars had somewhat smothered; and that this also was the work of the fame providence I cannot doubt, when I consider it happened in such parts of York-shire, as had not yet shaken off the darkness and implicity of Episcopal times, and observe the success it pleased God to grant my teachings and instructions, to the advancement of piety, and his Gospel.
In this imployment I spent my self till the year 1647. at which time God put it into the hearts of the Inhabitants of Whitbey, to desire my removeal from the part where I then exercised to come among them, whither, to satisfie the importunity of the well-affected of that place, I consented to come, and there I officiated as Lecturer (onely on Wednesdays) till 1649. requiring nothing towards my subsistance but the free Contributions of the well-affected, while one Mr. Wood (formerly sequestred for his misdemeanours and malignancy) intruded into the office of preaching on the Lords days.
These things being observed by one Mr. Richard Conyers, he by the strength of his friends and interest in the Parish obtains admittance to officiate there, till some one were lawfully settled in the place, not doubting to receive the profits thereof for the time he should continue so doing.
But the said Conyers having at no great distance a benefice of 100 Marks per ann. and not able to discharge himself of both, he desired my assistance at Whitbey, so far onely as to preach the morning Sermon, he himself being oblig'd to preach in the afternoon, promising me, before divers of the Parish for my said assistance, the sum of 24 lib. by the year, whereto I consented, as being not yet publickly called to the Ministry, and living on the private allowances of the well-affected, whose intreaties had brought me thither.
But so far was the said Conyers from performing either part of [Page 3]the Covenant betwixt us, that as to the former, I must confess, he observed it for about three moneths, but for the remainder of the year, he hardly appeared on the place; And for the latter I had fair words, but not one peny satisfaction to this day.
These crooked dealings of the said Conyers moved the inhabitants of Whitbey, to draw up a Petition to the Committee for plundred Ministers for my setlement among them. Having the Petition of the Town and Parish put into my hands, I was told that there was requisite withall a Certificate from some neighbouring Ministers to testifie my abilities and good conversation. Now it happened through my little acquaintance in affairs of this nature, that I had delayed my applications to the neighbouring Ministers of my acquaintance till the day of my departure; which being to be by Sea, and that the ship wherein I was to embark was to set sayl the same day, I was perswaded by Mr. Levingstone & Mr. Young, (whose subscriptions I had then obtained) to make use, in this extremity, of the hands of one Mr. Hicks and one Mr. Bushel, which upon confidence of their condescention I consented should be done, and accordingly Mr. Young put down their hands to the Certificate, while I writt a Letter to each of them, wherein was inclosed a Copy of the Certificate to acquaint them what I had done. VVhich presumption of mine Mr. Hicks owned since by a Letter to me, and acknowledged this my confidence of his frindship as a favour, before Mr. Luke Robinson, and Mr. Thornton at Pickering, and for Mr. Bushell, though I must confess I received nothing from him in return to my Letter, yet I believe he had not disavow'd it, had he not been surprised in the business by the said Conyers.
Being come to London, I was no sooner lodged, but one Mr. Wilson having heard something of the occasion of my coming up, sent for me, pretending great readiness to further my business. And to perswade me how effectual his assistance might be to me, he pretended to be a constant Sollicitour at the Committee for plundred Ministers, and no less than Cosin to Mr. Gilbert Millington the then perpetual Chair-man there. By which pretences, my weakness and ignorance of the affairs of the said Committee being wrought upon and overcome, I delivered him what papers and instructions [Page 4]I conceived requisite for obtaining an Order of setlement at Whitbey, having upon his undertaking of my business given him towards Clarks Fees, and other expences as he pretended was necessary 2 lib. 10 s. and left order for the payment of 7 lib. more when the order was taken out, for his Sollicitation therein.
Having thus referred my business to the said Wilson, I appeared not my self in it, and so within a short time he brought me the order and received the said sum of 7 lib: By virtue of the said Order, I officiated at Whitbey till September following, about which time, by an order of the Committee for plundred Ministers, directed to the Committee at York, I was sent for thither, where appearing, I was charged with the forgery of the foresaid Order, but having no other plea then that I knew nothing but that it was a true order, and that in the procuring of it I had imployed the Sollicitation of one Wilson (though Colonel Fairfax, one of the Committee upon sight of it affirmed that he had seen many Orders in that hand before.) I was committed to York prison, where having remained some time, I desired to be translated to London, to answer what might be laid to my charge in that particular, which, having put in good security for my appearance before the Committee for plundred Ministers, with much ado, I obtained.
Appearing before the said Committee, I was afresh charged with the forgery of the said Order, to which my answer being the same as before, and that I could not produce the said Wilson, I was ordered into custody. Now it happened so that the aforesaid Conyers (a man of a very inquisitive, and active malice against me, for what reasons I know not) having by some means or other fished out, that Mr. Hicks, and Mr. Bushell's hands were onely by presumption at my Certificate (as I have before acknowledged) takes a journey to London, and brings it at the same time upon the stage before the Committee, which aggravating what was laid to my charge before, (for which I am obliged besides Mr. Conyers to Mr. Adoniram Byfield) rendered me the more criminal in the sence of the Committee, so that upon the charge both of the Order and Certificate I continued in custody the space of a moneth or better, till at last the Committee considering my weakness and surprisal in the one, and having some perswasion of [Page 5]my innocency in the other, ordered me to be set at Liberty.
But I cannot omit the advantage the said Conyers made of all this. During my restraint he Petitions the Committee for the profits of the year 1649. (but 60 lib.) wherein I had born all the burden, but what is before mentioned, and for which by his own agreement I was to receive 24 lib. VVhat he desired was accordingly granted; but as for the Petition he brought up to the Committee upon that occasion, as from the Town of Whitbey, I must confess I am much dissatisfied, it being subscribed by onely some nine or ten Malignants; and a greater miracle to me yet, was, to conceive how the Town-seal came to be at it, having, upon a strict inquiry, never yet met with any one of the Town that was privy thereto, it being a thing not granted, but on occasions that concern the whole Town, and that at a full convention of the 24 Burgesses.
But he was not content with the obtaining of the profits as aforesaid, though undeservedly, but to take a full and final revenge of me, I do much suspect he indented with Mr. Phelpes, that the order for my Liberty should be so drawn up, as that I was to be bound in 300 lib. never to preach at Whitbey more; these being courtesies which Mr. Phelpes can do with a wet finger, though contrary to the sence of the Committee, when he hath a minde to pleasure a friend, and to draw a FULL order.
But having obtained my Liberty without submission to this order, I had not been many days abroad, but Captain Bodelay being designed for Lisbone to reduce the ships there under P. Rupert, sent for me, and proposed to me the Chaplain-ship of the ship he then went in (the Happy Enterance,) which out of the zeal I ever had to serve the publick, and to give way to the storm of my misfortunes, I accepted of. And in that service (wherein we met with three very hot ingagements) I spent a whole year till the said ship returned.
Being come ashore at Detford, I came up to London, where I understood that Whitbey had all that time been unsupplied of a Minister. But here I must take notice of a remarkable tract of providence. The foresaid Wilson, who had betrayed me into all my calamities, was by an Order of the Councel of State, for some notorious [Page 6]crimes, committed to New-Gate. Understanding of his being there I applied my self afresh to the Committee, producing an acknowledgement from the said Wilson of my innocency as to the forgery of the Order. Nay, he so far cleared me of the least concurrence thereto, that with many imprecations he avowched the same to be a real Order, saying, that if he were brought before the Committee, he was confident Mr. Millington would not deny the Order, which assertion I gave the greater credit to, for that some of Whitbey had told me, that they, out of a particular desire to be satisfied in that point, had, upon search, found that very Order entered into some of the Clarks books about Westminster, which if so, I may say that it is not impossible that Clarks may as well stifle Orders at their pleasure, as deprave the sence of the Committee, according as the parties shall sacrifice.
This acknowledgement being acccepted by the Committee, I produced this following Certificate.
We whose names are hereunto subscribed, being neighbouring Ministers to the Town of Whitbey, in the County of York, do certifie to all whom it may, concern, that Mr. William Knight, late Minister of that Town was a man of honest life and godly conversation, and as befitted a Minister of the Gospel, behaved himself in a way of labouriousness, and sound preaching while he aboad there, that we were very ready to give him the right hand of fellowship, and imbrace him as a fellow-labourer in the Lords Vine-yard, and in our apprehensions he did much good by his Ministery, while he was there, and is much wanted now he is absent, and would be gladly received, and might do much good for the future if he may be permitted to return to the said Town. Given under our hands the day and year above written.
This Certificate from the foresaid Ministers was back'd with this testimonial from Mr. Slater, and Mr. Kentish.
These are to certifie whom it may concern that the bearer hereof Mr. William Knight is a man of whose abilities in preaching we have had good experience, and do conceive him to be sound in Doctrine and sincere in life and conversation, and likely to prove an usefull instrument to promote the glorie of God, and the good of Souls. In witness whereof we have hereunto set our hands.
But further to inform the Committee how I had spent my self since I had last appeared before them as a Criminel, I produced this Certificate from Captain Bodelay.
These are to certifie whomsoever it may concern, that the bearer hereof Mr. William Knight went forth with me on my last expedition in the States ship, called the Happy Enterance, and continued with me about twelve moneths the term of the voyage, in which time his deportment and behaviour was civil, and according to his profession, and also that he was industrious to preach the Word among us whensoever opportunity presented.
of December 1650.
But these Certificates were not yet sufficient, wherefore I was, for further Trial, referr'd to the examination of a Committee of the Assembly of Divines, who sent me back with this Certificate.
According to an Order dated the 11 of December 1650. from the Committee of the Parliament of England for plundred Ministers, to the Committee of the Assembly of Divines, for examination of VVill. Knight, to officiate the cure of the Church of VVhitbey in the County of York. These are to certifie the said Committee for plundred Ministers, that upon examination of the said Mr. Knight, and some Trial of his gifts and abilities in the Ministry, we conceive him to be [Page 8]fit to officiate the cure aforesaid. In witness whereof, we hereunto subscribed our names.
These Certificates and Testimonials being considered, and the acknowledgement of the said Wilson accepted, as also a Petition from the inhabitants of Whitbey, read, produced the following Order for my settlement, whereby I conceive my self cleared of all things formerly laid to my charge, and least the malice of my enemies might bring any thing in judgement against me afterward, it was moved by that publick spirited Patriot Mr. Luke Robinson, that they might be quoted in the Order.
Whereas this Committee have the 18 of October 1649. committed VVilliam Knight, Minister of the Word, to the custody of the Serjeant at Arms attending the Parliament, for forging an Order of this Committee for setling him in the Church of VVhitbey, in the County of York, which the said Knight alleadgeth was given him by one John VVilson, but did not then produce the said VVilson, and it is now informed that the said VVilson is committed to New-gate for several notorious crimes, and that the said VVilson doth not deny, but that he gave the said Order to the said Mr. Knight; It is therefore ordered upon the Humble Petition of the Inhabitants of VVhitbey aforesaid, that the said VVilliam Knight, of whose piety and pastoral abilities this Committee hath received good testimony, do forthwith officiate the cure of the said Church of VVhitbey as Vicar, and preach diligently to the Parishioners there, and that he shall have for his pains therein the Vicarage house and Glebelands, and all the Tithes Rents, Duties, and Profits whatsoever of the said Vicarage, till further Order shall be taken in the premisses, and all person and persons are required quietly to permit the said Mr. Knight to officiate the said cure, and to enter, possess, and injoy the said House and Glebelands, and to have, receive, and take to his own use all the Tithes, Rents, Duties, and [Page 9]profits whatsoever of the said Vicarage, as they will answer the contrary at their peril.
VVith the foregoing Order I returned to Whitbey, where I had not long rested ere the spirit of envy entered the said Conyers, to make complaint to the Committee for plundered Ministers of my insufficiency, which procured an Order for another examination of me to be made by some neighbouring Ministers, but because it was by a subsequent Order discharged, without any thing done, I have the less to say to it.
Yet with this could I not be quiet, but such was the desire of my ruine in the said Conyers, and some others, that notwithstanding what had past, in July last, there were Articles exhibited against me at the Committee for plundred Ministers, subscribed by Rich. Conyers; to which, it was referr'd to three Justices in the Countrey, to examine, and cross-examine VVitnesses.
The Articles are too long, and too many to be inserted in this place, but what partiality was used against me at the examination taken at Whitbey, as also what hath been the issue of their return hither (though it be that which put me upon this extraordinary way of vindicating my self) I shall as briefly as I can lay down, and shew, through the whole carriage of this business, how oppressive the interest of (not long since professed) Malignants may be to any honest man, though never so innocent, but more especially when they are so fortunate in their insinuations as to corrupt those, who most immediately derive their Authority from the Parliament, and execute their malice on the well-affected by their hands that should protect them.
The first thing I shall note is the subtilty of my prosecutours in the choice of the Justices examinants, wherein I am particularly obliged to the industry of Sir Hugh Cholmeley, whom I have just reason to think the first wheel of this malicious prosecution against me, and to have set all the rest in motion, upon what grounds I shall in fit place mention.
One was Sir William Strickland, but a Brother in Law to the foresaid Sir Hugh. A second was Christopher Percehay Esquire, brother [Page 10]in Law to Sir William, the third Henry Hall Esq; whom I must confess to have brought much indifferency to the discussion of the business.
Secondly, I expected the Justices should not have been courted at so great a distance; as Sir. William Strickland, who lives 24 Yorkshire miles from Whitbey; Mr. Percehay 19. and Mr. Hall 26. there being three, or more Justices within 14 miles of the place.
Thirdly, as to the VVitnesses against me, I expected they should have been such as lived within a proportionate distance, as being the more competent informers as to matter of fact, and such as had known my conversation; and made a conscience of their actions; But I found some faces I knew not, Malignants, Servants, or in some way Relatives to the Family of the Cholmleys. But I shall not Charactarize them till I come to the 8 Article, to which they most spoke.
Fourthly, I looked for an equal freedom to produce VVitnesses for me, as well as my prosecutours had to produce against me. All that they brought, though many of them precarious, and such as I shall hereafter describe them, were freely received, upon bare assertions; whereas of 40 that were come to the place on my behalf, though honest men, and such as proffered their informations upon Oath, there were admitted but 7 to testifie.
Lastly, I could expect no less than a true return of the examination, but there I am also deceived; For I finde many things passed at Whitbey omitted, and some things sent up under my name as confessed by me, which I never affirmed.
The examination thus returned being to be debated on Thursday Decemb. 23. it so hapned that upon reading what was said to the 8 Art. I found (the more to surprise me in my defence as I conceive) that the Copy of the examination taken from Mr. Phelpes, wanted the informations to the 8 Art. all save one. Upon which it was moved, that I might have a true Copy of the examination, and that the debate might be referr'd to another day, which was to be the Thursday following.
I must confess, when I first understood that Mr. Millington was in the Chair, I promised my self the greater Justice, because he was the best acquainted with the business, I was now the third time [Page 11]to be charged with, & might have remembred my sufferings at York and London, and the Committees acquital of me by the forementioned Order of Decemb. 11. 1650. subscribed Gilbert Millington. But should I have wanted that expectation, yet I flattered my self with the hopes of a patient and unprejudiced debate. But here also I reckoned before my Host. For upon the first calling of the cause Mr. Millington bursts forth into his ordinary laughter, and says, O this is my Cosin, a posture certainly not so becoming a Judge, when the thing in debate concerns the lively-hood of a man and his relations. But by those words I conceive he was well acquainted with the business to be debated, and had not forgotten Mr. Wilson. Nor can I omit a strange expression of his the Thursday before, when it was said that Mr. Luke Robinson, and the well-affected of the County appeared for me, and that I had a Petition subscribed by 140 of the best affected of Whitbey, Mr. Millington answered; He may be the greater Knave for that. And when the said Petition was again offered to the Committee by certain Masters of ships of Whitbey, Mr. Millington asked them, what will you make him worse than he is; Which expressions speak no small prejudice in him against me, and argue a strange forgetfulness of what had past under his own hand concerning me before. I may add to this the shortness of the debate, which not lasting a quarter of an hour was for the most part laugh'd out, & abruptly cut off with Mr. Millingtons WITHDRAVV, the Committee having heard all that could be said against me, but very little of what was to be said for me. I do not say but Mr. Millington in others mens cases may be straight and unbyassed, but for my part I have just reason to fear my case was (in effect) judged before it was debated, and that I came up 200 miles, not to be heard, but to receive my doom.
And now I come to the Articles, which are in number 10. I shall pitch onely on those to which informations are given, and they are in a manner but two of the number, the 2 and the 8. The 2 concerns the forging of Mr. Hicks, and Mr. Bushels hands to a Certificate, to which I can make no other answer then what I have said pag. 3. which I think is sufficient. Upon the charge of the Order pretended to be forged by Wilson, and that Certificate I suffered imprisonment at York and London, and conceive [Page 12]my self acquitted by the aforesaid Order of Decemb. 11. 1650. Unless a man may be charged a new for an offence he hath once suffered for. And here I am to take notice of an Affidavit of the said Conyers, made before a Master of the Chancery to that purpose, viz. That Mr. Hicks, Mr. Bushel, Mr. Bradley had disavow'd to the said Conyers, the giving of their hands to one William Knight of Whitbey, and that therefore his making use of the said hands to a Certificate was forgery in the said Knight. To which I answer, that as for Mr. Hicks, and Mr. Bushel, I have already cleared up how it was, but as for M. Bradleys hand it was not at all at it, and he himself being at the examination at Whitbey, testified that he had never spoken with the said Conyers about any such Certificate. Therefore to requit him for his Affidavit, I say, that whereas Rich. Conyers maketh Oath that Mr. Bradley disavow'd a thing to him, whereof he had never any discourse with him, but sweareth it to be so upon other mens relations, the same is perjury in the said Conyers. And this perjury of his I must confess indeed, was so much observed at the examination that the Justices shook their heads at it, and utterly dismissed the Affidavit, yet by some means or other finde it shuffled into the examination returned.
To make this Affidavit authentick, there stands up a Lettercarrier, alias an Atturney, who affirmed the subscription of the Affidavit to be Conyer's own hand, and the Master of Chancery's to be his hand, and of another thing subscribed by John Phelpes, affirms that to be the proper hand of the said John Phelpes; in all which there is no great miracle, for the man hath of a long time been so well acquainted with other mens hands, and their seals too, that some body did penance for it with a piece of white paper on Whitbey-cross.
The heaviest charge against me, is what is said to the 8 Article, which at first sight seems to be very horrid. The words are. That he is a notorious drunkard, a Libeller, a persecuter of the growing light, and very deficient both in Morals and Intellectuals.
And to this Article there speaks first one Thomas Redhead of Stantondale, who says he saw me drunk about six or seven years since (where he hath forgotten) to omit that he speaks at six and seven; thus much I must say of him, that he was ever a very zealous [Page 13]Malignant, a creature of Sir Hugh's, and brought him constant intelligence when he kept Harborough for the late King; as for the Testimony, it is absolutely false.
A second is one Robert Dove of Newton, who sayes he saw me drunk about five years since. This is a Souldier under Sir Hugh for the King, a prophane idle person, and a false witness, and this is he, speaks to libelling, viz. that I should write these words in a Bible.
VVhich is equally true with the former.
A third, is one John King of Newton, another of Sir Hugh's Malignant Souldiers, a drunken licentious person, and therefore fit to make a false witness.
The fourth is John Brignel of Lamyston, in the County of Durham, one I had never seen his face before the examination at Whitbey, and this man makes me drunk at Scarborough, and to make his information seem more authentick, he sayes it was the 10 of Novemb. 1651. and that I made great remembrances of one widdow Stevenson, to omit that he was a Captain, (forsooth) in the Kings Army, and very famous for his plundering of the well-affected of Bishoprick, I answer to the Testimony that I was not that whole VVinter at Scarborough, and for widdow Stevenson, I am yet to learn whether there be any such woman in the world. This man for old acquaintance sake was often intertained at Sir Hugh's, about the time of examination, which certainly he the more deserved that he would take the pains to come near 50 miles to bear false witness to do him a courtesie.
The next is Rob. Hickson of Sunderland, in Bishoprick, an Officer also as the former and his co-plunderer, and one famous for his fornications, &c. in Holland, and is come as far as the former, and to break the ninth Commandment.
The next is Marmaduke Newton of Whitbey, who taxes me about four years since for reeling as I went into a boat at London. [Page 14]This is a Tenant of Sir Hugh's, and therefore more easily drawn on to bely his conscience and bear false witness against his neighbour. But was not this man, who by saying a few words, did preserve the favour of Sir Hugh, and got a Cow's summer grass into the bargain, wiser in his generation, than another Tenant of Sir Hugh's, who for refusing to subscribe a Petition against Mr. Knight was within an hour after warned out of his house and farm?
The last is Thom. Hodgson of Sneton, who sayes the same thing as the former, about five years since; Though they speak both of the same time, yet their Testimonies agree within a year. But for the latter; to omit a double desertion of the Parliaments forces, he is one so leavened against the present Government that his ordinary profession is, That he had rather serve the Turk than the Parliament.
There was another witness against me, touching the point of drunkenness, though not returned in the examination. And that is one William Wiggoner. Though I cannot say this man did any thing out of any affection to Sir Hugh Cholmeley, who being for the Parl. had sent him prisoner to Hull, for having with his son Bagwith brought over Arms out of Holland, for the use of the late King. Yet his relation of Father-law to Conyers may excuse him for being a little cheuril conscienc'd. But the reason why his Testimony is concealed I conceive is, that, as he is himself a very habitual drunkard, so that very time he taxed me to have been drunk, he himself was so frolick, that as he sate at the Table he fell backwards and broke his head. For his Testimony to the 4 Art. It is true, onely he hath mistaken a year or two.
Here are eight, and 'tis great pity they could not make up twelve, and so have made a Jury, they are such good men and true, and I think as well cull'd. Of this number there are but two of Whitbey, and what they are I have also expressed; But certainly had I been guilty of any inclination that way, the experience of almost 6 years could not but have furnished enemies to observe it. But it seems those who knew my conversation could charge me with no such thing, and therefore persons of lew'd lives, disaffected, and necessitous Souldiers of the Kings Army, and such as I had never seen their faces, must be pick'd even out of other Counties to inform [Page 15]against me. But alas! they were such honest men at the examination at Whitbey, that when I desired some of them might inform upon Oath, it was refused as a thing contrary to the rules of the Committee, and when I desired to speak what I could alleadge against them at the debate here, all such motions were confuted with a withdraw, the informations and Articles laugh'd at, and taken as granted. But though I whom it most concerned, could not be permitted to speak much in my own case, yet I could perceive Mr. Phelpes had a liberty to aggravate, and suggest, for which I must say black to his tongue, since Mr. Millington sayes he is such an honest man, as no man can say black to his eye. But for this I must excuse him since it was but gratitude to carry on their designs whose free-will-offerings to him had been greater then mine. And that this is no slight suspition, let a discovery of Mr. Conyers speak, who acquaints his Father-in-law Wiggoner in a letter dated from London in 1649. that his prosecution of me had then cost him above 100 lib. (besides the 60 lib. he did emungere the Committee of for his non-residence in 1649. which if so, I onely make this question whether this man would not rather spend a noble to destroy the Gospel then nine pence to promote it. But what shall I say then, who, by reason of the troubles he hath created me, have spent the like sum in the necessary expences of journeys of 200 miles, inprisonments and attendance, when I have received for all my officiating at Whitbey from 1647. but one 50 lib.
And now I think I have made good what I promised, as to the witnesses against me, and yet done them no injury in the least. Yet by these and such like Testimonies, though taken, as I said before, without any attestation of Almighty God (which many times strikes terrour into the most impenitent heart) was I on the 28 of Decemb. last sequestred of all I could pretend to at Whitbey, wherein how fully the malice of my enemies hath been satisfied, and with what precipitation the business was carried against me may be soon judged by the perusal of this relation, in which I have neither added nor dimished, either to advantage my self, or wrong my prosecutours.
As for the VVitnesses produced for me, it will not be amiss to let the world know what they are, least my enemies might say I [Page 16]had as bad on my side. The first is John Newton of Whitbey Gent. a person whose activity and fidelity to the State had recommended him to the trust of a Sequestratour, an honest conscientious man, and stedfast to the interest of the Common-wealth in the most relapsing times.
William Jackson of Whitbey an honest godly man, and Lieutenant at Sea, under Captain Lawson.
Hen. Noble of Whitbey once Head-Constable, and one hath been much persecuted by Sir Hugh Cholmeley for his not contributing to the Kings forces.
Rob. Bushel of Whitbey, a knowing and religious man, and a suffering [...] to the State.
Hen. Awlder of Whitbey, a man of great reputation for his godliness, and his early appearances for the Parliament in those parts.
Hen. Linlay Gent. Collectour of the Customes at Whitbey, a constant well-willer to the State, and a great enemy to all vice and licentiousness.
These with divers more, to the number of near 40 men of honest lives and conversation, would have vindicated me as to the 8. and other Articles, had they been admitted to testifie; whereas had my prosecutours produced twice the number, they should not have been refused.
Thus having shewn what the VVitnesses on both sides were, I am now to express what discoveries I have of Sir Hugh Cholmeley's being in the head of this prosecution.
Having as I said before prick'd down the Justices, the first thing I observed, was, his sending for divers of the inhabitants, desiring them to be present at the examination to testifie what they could against me; but it happening they were such as would not, to gratifie any man, bely their consciences, he dismissed them with threatning intreaties that they should say nothing for me.
A second thing was that which is related in answer to the Testimony of Marmaduke Nuton, pag. 13.
A third was the intertainment of two of the Justices, viz. Sir William, and Mr. Percehay, and most of the VVitnesses against me, before and after the examination, but especially that night, when he caused all to be drawn up, and to his own house what intertainments, [Page 17]congratulations, acclamations, and Triumphs insued, the inhabitants of Whitbey are not ignorant.
But you will say what ends had Sir Hugh in all this? VVhy should he be at the expence of bringing VVitnesses 40 and 50 miles? These questions I confess may very well be made, for certainly it cannot be supposed he should put himself to all this trouble (besides a chargeable sollicitation at London) to cast out a poor man, which being a stranger to him could never have so far disobliged him, out of a living of 60 lib. a year. Therefore to answer the question more fully I must put the Ax to the root of the Tree, and discover somewhat, which, though it be well known to many, is not to all, and among them, it may be, not to those whom it most concerns.
You are then to note that there lived once at Whitbey, one Mr. Jacob Hodgson, who being of the most forwardly affected for the Parliament commanded in the Town of Whitbey, this man Sir Hugh Cholmeley, after his base desertion from the Parliaments cause ever looked on as a thorn in his sides, for maintaining the Town of Whitbey, for the use of the Parliament. Such a burden I say was he to Sir Hugh, that he became immediatly a persecutour of him, and all that related to him, nay, the Town and Countrey thereabout suffered for his sake. This Tyranny he exercised not onely while he commanded the Countrey about, but especially upon the taking of Whitbey by his forces, turning the aforesaid Hodgson's VVife out of doors, destroying all he had, and threatning that if she went not to Hull after her Husband, she should be tied to Horse tails with other Masters wives. But now I speak of the taking of that Town, I cannot but quote a famous exploit of the aforesaid Conyers. This Conyers being at that time in the Town seemed to be very much for the Parliament, willing to oppose Sir Hughs forces, but pretending withall to be a person of some conduct, this Mr. Hodgson intrusted him with the Abbey, which he promised to make good with the number of men allowed him. In the mean time Letters were sent to Sir Hugh to advance with his forces at such a time, and that this Conyers was privy to the design may be judg'd by this adventure. The night that Sir Hugh was to come on, in stead of acquainting his men with the [Page 18]danger of the enemies advance, to make them more secure, he sends up to the Abbey a Barrel or two of strong Beer; wherewith having laid some asleep and made the rest secure, he valiantly comes down the Hill alone into the Town, leaving both men and place to the mercy of the Enemy; And this courtesie I conceive is that which had so much ingratiated him with Sir Hugh, that there was no person thought fitter to manage my ruine, as being one more apt to destroy a Citizen then an enemy. But I return again to Sir Hugh. Now it pleased God to take away this Mr. Hodg son, in a Tempest upon the Coast of Holland, which accident laid his wife, and others related to him, more open to Sir Hugh's persecutions, and that this train of malice is laid against me upon these old scores, I need not much labour to make appear, for Hodgson being dead, my sad fortune was to have married his VViddow, who being before the mark of Sir Hugh's malice, brought me into his disfavour so much the more, as appears by an expression of Mr. Conyers after my sequestration, who said that my Wife had brought me to all this calamity. To this I may add that the yearly Stipend of Whitbey, as also the Augmentation being to be paid by Sir Hugh, as being the impropriatour, it concerned him somewhat, there should be such a Minister as would suffer his allowance to be carved out to him as he pleased, which had I been content with, Sir Hugh might have been my very good friend to this day.
But (to give the Devil his due as the Proverb speaks) I must here confess, that Sir Hugh is guilty of some Justice, though he will have it acknowledged as a favour, and measure it by his will. For about June last, he imployed his son Mr. Hugh Cholmeley to compound with me for my Arrears, for which he profered me 112 lib. which being not half of what, by several Orders, both of the Committee for plundered Ministers, and of the Trustees for maintenance of Ministers, was due to me I was advised to refuse. And this refusal (though just) hath cost me all the trouble, expence, and inconveniences I have been at since, and consequently of the present sequestration I ly under. But that wherein I am to justifie Sir Hugh's proceedings in, is this, that he in June last, would willingly have taken up all differences and accounts with the foresaid sum, whereas after my sequestration, when I applied [Page 19]my self to the Trustees for my Arrears, they found them to amount but to 60 lib. (which yet I cannot receive) as appears by their Order of Jan. 12. last, as if my sequestration had made me incapable of what was due to me for my former officiating.
But alas! he that knew Sir Hugh before, will not wonder at these transactions. He that before walk'd by no other principles than those of his will, should he startle at an action which he could justifie by his power? The story of one Thompson, nicknamed Beef, is not yet forgotten at Whitbey, one hang'd up in cold bloud by Sir Hugh's Command, without any advice of Officers. 'Tis true, the man had served under Sir Hugh, when he was for the Parliament; but when he became an Apostate he left him and listed himself under Col. Bointon, for which Crime Sir Hugh having now taken him a Prisoner, disparches him. If there be holes in the Act of Oblivion to let lesser fish escape, I hope there is none big enough for this Leviathan of Whitbey; For I see no reason but inquisition may be made for this bloud.
And now I have done with Sir Hugh, having made good what I had promised in the former part of this relation, and shewn by what means and instruments, and upon what crimes and misdemeanours my sequestration hath been brought about.
That which I beg of this Honourable Assembly, is to consider with what a strong hand this design hath been carried on, both here and at Whitbey; and thence observe how dangerous it is to suffer private Gentlemen to be Bashaws in their Countrey, and do things upon the bare score of their power and interest, and upon confidence that those whom they oppress, are unable to call them to account, or if they are, that things will be so disguised by false representations that the weaker will be still over-ruled.
And this brings me to consider that there is a dormant humour of Malignancy, which upon opportunity awakens to the persecution of honest men, which what it cannot do (as formerly) by a professed hostility, it does by ruses and supplantations; wherein good men are the further from redress, by how much they are crushed by their hands and Authority, who are intrusted to protect them.
They are the minings and insinuations of these men that depraving [Page 20]Courts and Committees secretly persecute the honest, and well-affected of the Land, who now are they that most cry out of oppression. These are they that make secret wounds in the Common-wealth, and insensibly bring an Odium on your Government, while they make the World believe that you are fallen from those Principles of Reformation & protection of honest men, which you professed before, even to the cutting off of that head which was the great anvile of all malicious and oppressive designs.
By these minings am I wrought out of my profession, rendered incapable of doing that good which I have devoted my self unto, and made a spectacle of Misery and Calamity to honest men, and of scorn to the plotters of my ruine. And in this condition must I still remain, unless your Honours taking the business into your cognizance, and considering, and weighing both my offence and punishment, order me that redress which you in your high Wisdoms shall think meet, which, if I may obtain, I doubt not of the concurrence of all honest men to bless God with me for your Justice, in breaking the designs of unrighteous and powerfull, and countenancing those, who though poor and obscure, desire to do good and to live quietly in the Land.
Post-script.
HAving given your Honours a faithfull account of the design of my Sequestration at the Committee for plundered Ministers, I am now to presume to add somewhat touching my success at the Trustees for maintenance of Ministers, to whom, in pursuance of the Orders of the former, I was to address my self for the Arrears of my officiating at Whitbey, having received but one 50 lib. from the beginning of 1647. to the 28 of Dec. 1652. and herein I proposed to my self the less difficulty, because it is a thing granted out of course to any Sequestred man, but how far I come short I shall briefly shew.
The Committee for plundered Ministers having as is before mentioned fully settled me at Whitbey by their Order of Dec. 11. 1650. thought fit, though I had officiated there onely as Lecturer, before that I should be considered, and hereupon granted me the following Order.
VVhereas Mr. William Knight is setled by Order of this Committee of the 11. of December in the Church of Whitbey, in the County of York, It is ordered that the said Mr. Knight shall have all Arrears of the Tithes and profits of the said Church, which fell and became due and payable for such time as he officiated the cure of the said Church, either before, or since his setlement there by Order of this Committee.
VVith this, and other Orders, one I had imployed here to that purpose, applied himself to the Trustees for maintenance [Page 22]of Ministers, but for the space of a whole year, all applications and attendance were fruitless, so that I was forced to importune the Committee to confirm and assert their former Orders, who thereupon issued this Order.
VVhereas this Committee the 16 of October 1647. granted fifty pounds a year reserved to the Bishop of York, out of the Impropriate Rectory of Whitbey, in the County of York, to and for increase of the maintenance of the Minister of the Parish-Church of Whitbey aforesaid, to comence from the 20 of May 1646. It is therefore Ordered that the Trustees for sale of Bishops Lands do and they are required to issue their Warrant to the Treasurers for sale of Bishops Lands to pay unto Mr. William Knight; Minister of Whitbey aforesaid, or unto Mr. Humphry Hatward to his use the sum of one hundred pounds for two years rent, of the premisses ending the five and twentieth day of March 1648.
I shall need quote but these two, to shew what is my due, though I have had Order upon Order, to the number of 16. or 17. from the Committee for plundred Ministers, the Committee for Regulating the Ʋniversities and the Trustees, which with the attendance and trouble to procure them, I dare affirm have cost me almost as much as I have gotten in pursuance of them.
But as for my obstruction at the Trustees I must attribute it to the same design & interest of the Cholmeleyes, who here also with reason were to expect the assured favours of that plural Clark M. Phelpes. VVhen I demanded my right at Whitbey, I was answered, that the money was payed into the Treasury; when I inquired there, the answer was, it was not returned. And with these put offs both here and in the Countrey was I forced with my relations to be burthensome to friends, in hopes that one day (though with much trouble and suffering in the mean time) I should receive the utmost farthing. And now that I thought the malice of my enemies [Page 23]satisfied with my Sequestration, and that I was to apply my self to the Trustees I hoped the day was come. The accounts stand thus; For two years augmentation, which is 100 lib. and for three years stipend, which amounts to 30 lib. I am by the Committees Orders directed to Gurney house.
For the year 1649. Mr. Conyers surprised the Committee, and during my restraint at London, got the profits thereof, though I had solely officiated the third part of it. vid. pag. 5.
So that I am to receive of the Trustees for maintenance of Ministers, for the years 1650. 1651. 1652. which amounts to 180 lib. whereof there being 50 received, there remains 130. And so much I without any dispute expected, but I found their reckoning far otherwise. For being after a long attendance at the door called in, I was told, by Sir John Thorowgood, that upon adjusting of all accounts and a calculation of the time I had been setled, viz. from December 11. 1650. they found there was no more due to me then 60 lib. for which if I pleased I might have an Order, to answer, which, I produced the Orders of the Committee for 1650. before I was setled. To take away with answer and at once confute all Orders, and further replies; Zealous Sir John returned somewhat to this effect, Mr. Knight we are more carefull of you then you your self, but there are many other poor Ministers to be supplied: I do not think the Committee for plundred Ministers intend any Arrears before setlement to a Minister, whom they have found cause to Sequester. By this it appears Sir John is not meanly furnished with Evasions (though but slight ones, when he hath a minde to do a business. But as for the poor Ministers he objects to me, I think hee is a poor Minister that is forced to live 5 or 6 years upon one 50 lib. But another thing that fell from him was as remarkable when it was considered whence I should receive this 60 lib. which was my due, he said of Mr. Harward Receiver in York-shire, wherein whether Sir John dealt ingeniously let this Order (posted up at Whitbey, by the Cholmleyes) speak.
VVilliam Cholmeley Esq; Tenant of the appropriate Rectory of Whitbey, in the County of York, hath exhibited his accounts of the Rent of the said Rectory, due from the first of Decemb. 1641. to the [Page 24]ninth of Octob. 1646. and from the ninth of Jan. 1649. to the first of Octob. instant, upon examining and stating whereof it appears to the Trustees, that sixty seven pounds thirteen shillings four pence was in Arrear the 29 of Sept. last, of the Rent due to the said Trustees for the said years, which said sixty seven pounds thirteen shillings four pence he hath since payed into the Treasury, as by the Treasurers acquittances appears, it is therefore Ordered that Mr. Humphrey Harward receiver do forthwith discharge the said Rectory, and Tythes and profits thereof, of and from any Seizure by him the said Mr. Harward made for default of paiment of his Rent as aforesaid, and to deliver unto him whatsoever goods, or Cattels of the said Mr. Cholmeleyes, he hath distrained for the said Mr. Cholmeleys detainer of the said Rent; and to the end, the said Mr. Cholmeley may not in time to come receive any just discouragement in paiment of his Rent, the said Mr. Harward hereby is further appointed in all fair and due ways to assist the said Mr. Cholmeley, in his quiet injoyment of the said Rectory and profits thereof, according to his Lease in that behalf, and the said Parishioners of the said Parish of Whitbey aforesaid, are from time to time to pay unto the said Mr. Cholmeley all Tythes due from them unto him in right of the said Rectory, as also all Arrers of Tythes by them any way kept or detained by virtue of any inhibition, or stop made of them by any Order, or direction from the said Trustees, or of the said Mr. Harward receiver by his or their appointment.
Vera Copia.
But that not taking, the Order was to be directed to Mr. Steel, to which a stander by, saying, that Mr. Steel had no such moneys in his hands, & that therefore all addresses there were vain, Mr. Phelpes conscious it seems of somewhat replied, it may be 'tis thought the Trustees, or the Clark have the money; wherein he was in the right, yet the Order was directed to Mr. Steel, of my applications to whom I am now to give an account.
The first time I went to him, all the answer I could get was that he would speak with the Trustees about it, whereby I conceive he was somewhat surpriz'd with the Order, which required him to pay the moneys he had never received.
The next time he told me that he was to be accountable to me for that money, but withall disavowed the receiving of any, though he [Page 22]had given Mr. Cholmeley an acquittance for it, and all the comfort I had from him was, that as soon as any money came in I should be considered, but when that should be, he knew not.
Here is a strange shuffling of men's affairs. Sir John Thorowgood would turn me over to Harward, though by the foregoing Order utterly discharged of the business. But that I conceive was onely to remove me 200 miles hence. That not taking I am directed to Mr. Steel, who disavows the receit of the money, though he had given Cholmeley an acquittance for it. Cholmeley in the mean time posts up the Order of the Trustees that he satisfied the Treasury, though while he was transacting this business here, there was no admittance for any that I imployed, either to see Orders or know what was done. Mr. Steels man sayes this was the first acquittance ever granted without money received. Mr. Phelpes doubts the Trustees, or the Clark have the money. The Trustees wave that and send me where I am not like to have any.
What a conspiracy of Intrigues is here to turn me from post to pillar to no purpose? Thus am I put to a fruitless, though no small expence for Orders; to a chargeable, yet endless attendance, whereof the issue must be to be laught out of my subsistance, and cut out for misery with those that depend on me. Well MALIGNANCY! Thou shalt be the Childe of this generation; Thou art so wise, so provident, so cautious, that thy designs are so far from preventing, that they are hard to be discovered when they have wrought their effect. Thou needest not grieve thy exclusion from places of trust, since, as the Roman said of Gold, that it was better be masters of those that have it, then possess the Gold it self; so maist thou say. That to be able to insinuate into, and corrupt those in places of trust is equivalent to having their places. If thou direct the sword of Justice to strike, it matters not who holds it.
Right Honourable, and righteous Judges of the Land, I beseech you judge between me, and my adversaries in this case. Have you erected Committees, have you appointed Trustees for the Protection, or for the oppression of honest men? Do these men answer your expectations of them, who instead of relieving the Godly and well-affected, crush and dishearten them to gratifie the supplanting enemy? I am discharged my profession rendred unserviceable to that design of providence, which I had with a sincere and upright heart submitted [Page 26]unto, and at once made an useless Member of the Commonwealth, and with my Wife and 4 Children exposed to misery and want, and that which adds to the burden of my affliction is to consider, by what means and instruments my ruine is brought about. For wheresoever I turn my self whether to Committees, Trustees, Treasurers, nay, when I have to do but with Clarks (those Pernicious earwigs) I finde them prepossessed by the self-same interest, and all my hopes defeated with delays and elusions, which puts me in minde of the words of David to the Woman of Tekoah, Hath not the hand of Joab been with thee in all this? I make not my services and sufferings for the interest of the Common-wealth, a ground to desire any thing of your Honours; all that I beg is out of my right to Justice, what I desire more let it be refused, and the presumption punish'd. I must confess I am a man of a low and quiet spirit, and thence it may be thought that the compassing of my ruine is not so great a miracle. But I fear me, if inquisition were made, there would be found many instances of persons more active and better acquainted with the affairs of the Committees, and the world, that have complaints in their bosoms against the exorbitancy and Tyranny of mercenary Clarks, and others, who being too familiar with persons in Authority, divert them from the relief of honest men, and work them insensibly to gratifie those whose very acquaintance not long since was a contagion. I shall make an end though my heart be full, beseeching your Honours to consider the sad condition I am brought into, by the crooked dealings of some men; wherein all that I beg is JUSTICE.
Febr. 12. 1652/3.
Rejoyce not against me, O [...]ine enemy, when I fall I shall arise, when I sit in darkness, the Lord shall be a light unto me.
I will bear the indignation of the Lord, because I have sinned against him, untill he plead my cause, and execute Judgement for me, he will bring me forth to the light, and I shall behold his Righteousness.
Then they which be mine enemies shall see it, and shame shall cover them which said unto me, where is the Lord thy God: mine eys shall behold them, and now shall they be troden down as the mire of the streets.