







 
   
     
       
         The Lord Holles his vindication of himself and of his son Sir Francis Holles from some foul aspersions cast upon them by Mr. Justice Ellis in some depositions of his taken in the High Court of Chancery.
         Holles, Denzil Holles, Baron, 1599-1680.
      
       
         
           1676
        
      
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         40669
         
           
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             The Lord Holles his vindication of himself and of his son Sir Francis Holles from some foul aspersions cast upon them by Mr. Justice Ellis in some depositions of his taken in the High Court of Chancery.
             Holles, Denzil Holles, Baron, 1599-1680.
          
           18 p.
           
             [s.n.],
             London :
             1676.
          
           
             Reproduction of original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Holles, Denzil Holles, -- Baron, 1599-1680.
           Great Britain -- History -- Restoration, 1660-1688.
           Great Britain -- Politics and government -- 1660-1688.
        
      
    
     
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           THE
           Lord
           Holles
           HIS
           VINDICATION
           Of
           Himself
           and
           of
           his
           Son
           Sir
           
             FRANCIS
             HOLLES
          
           ,
           FROM
           Some
           Foul
           Aspersions
           cast
           upon
           them
           by
           Mr.
           Justice
           Ellis
           ,
           in
           some
           Depositions
           of
           his
           taken
           in
           the
           High
           Court
           of
           Chancery
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           ,
           1676.
           
        
      
    
     
       
         
         
         
           The
           Lord
           Holles
           his
           Vindication
           of
           himself
           and
           his
           Son
           Sir
           
             Francis
             Holles
          
           ,
           from
           some
           foul
           Aspersions
           cast
           upon
           them
           by
           Mr.
           Iustice
           Ellis
           ,
           in
           some
           Depositions
           of
           his
           taken
           in
           the
           High
           Court
           of
           Chancery
           .
        
         
           HAving
           seen
           some
           Depositions
           of
           Mr.
           Justice
           Ellis
           taken
           in
           Chancery
           ,
           in
           a
           Cause
           there
           depending
           ,
           between
           Sir
           
             Francis
             Holles
          
           and
           Sir
           
             Robert
             Carr
          
           ,
           concerning
           a
           Portion
           due
           (
           but
           denied
           to
           be
           paid
           )
           by
           the
           said
           Sir
           Robert
           ,
           to
           the
           said
           Sir
           Francis
           ,
           who
           had
           married
           his
           Sister
           ;
           in
           which
           the
           said
           Justice
           is
           pleased
           to
           say
           things
           very
           much
           reflecting
           ,
           both
           upon
           Sir
           Francis
           ,
           and
           upon
           me
           his
           Father
           ;
           where
           there
           are
           great
           mistakes
           ,
           and
           much
           said
           by
           him
           as
           upon
           hear-say
           ;
           which
           though
           insignificant
           as
           to
           be
           matter
           of
           Proof
           and
           Evidence
           ,
           yet
           serving
           much
           to
           make
           a
           noise
           ,
           and
           possess
           standers-by
           ,
           who
           shall
           hear
           his
           Depositions
           read
           ,
           with
           a
           prejudice
           and
           ill
           opinion
           of
           us
           ,
           as
           if
           we
           were
           really
           guilty
           of
           those
           foul
           Things
           which
           are
           there
           said
           of
           us
           ;
           I
           shall
           therefore
           do
           that
           right
           to
           my Self
           ,
           my
           Son
           ,
           and
           to
           Truth
           ,
           as
           to
           make
           some
           Observations
           upon
           those
           Depositions
           ,
           to
           discover
           the
           very
           great
           improbability
           (
           to
           say
           no
           more
           )
           of
           what
           is
           there
           delivered
           :
           My
           method
           shall
           be
           ,
           first
           to
           set
           down
           the
           Interrogatory
           ,
           and
           his
           Deposition
           verbatim
           ;
           then
           to
           shew
           briefly
           ,
           where
           in
           it
           he
           hath
           varied
           from
           Truth
           by
           his
           own
           mistake
           ,
           and
           where
           upon
           hear-say
           from
           another
           Body
           .
        
         
         
           The
           Interrogatory
           is
           thus
           :
           
             Do
             you
             believe
             ,
             or
             have
             you
             heard
             that
             the
             said
             Sir
          
           Francis
           Holles
           
             had
             preconveyed
             those
             Lands
             so
             to
             be
             setled
             for
             an
             additional
             Iointure
             as
             aforesaid
             to
             other
             Persons
             ,
             to
             other
             uses
             ,
             so
             to
             frustrate
             the
             said
             Settlement
             ?
             Or
             what
             discourse
             have
             you
             at
             any
             time
             had
             with
             Sir
          
           Francis
           Holles
           
             about
             the
             Premises
             ?
             and
             whether
             did
             not
             the
             said
             Sir
          
           Francis
           Holles
           
             confess
             to
             you
             ,
             that
             he
             had
             so
             preconveyed
             the
             said
             Lands
             ,
             that
             were
             so
             to
             be
             setled
             for
             an
             Additional
             Iointure
             as
             aforesaid
             ?
             Declare
             ,
          
           &c.
           
        
         
           The
           Deposition
           follows
           :
           
             To
             the
             5th
             Interrogatory
             this
             Deponent
             saith
             ,
             That
             after
             the
             said
             Deed
             was
             so
             executed
             by
             the
             said
             Complainant
             ,
             the
             said
             Lady
          
           Carr
           
             came
             to
             him
             this
             Deponent
             ,
             and
             acquainted
             him
             that
             the
             said
             Complainant
             had
             made
             some
             Settlement
             and
             Conveyances
             of
             his
             Estate
             ,
             he
             had
             so
             made
             to
             his
             Wife
             for
             an
             Additional
             Iointure
             ,
             after
             his
             said
             Marriage
             ,
             and
             before
             the
             Sealing
             of
             the
             said
             Deed
             for
             an
             Additional
             Iointure
             ,
             on
             purpose
             to
             avoid
             the
             said
             Iointure
             ,
             and
             that
             the
             said
             Iointure
             was
             worth
             nothing
             ;
             at
             which
             he
             this
             Deponent
             was
             much
             surprized
             ,
             and
             did
             take
             himself
             concerned
             in
             it
             ,
             for
             that
             he
             this
             Deponent
             had
             drawn
             ,
             or
             caused
             his
             Man
             to
             draw
             the
             said
             Iointure
             ;
             and
             perswaded
             the
             said
             Lady
          
           Carr
           ,
           
             that
             she
             should
             have
             no
             apprehensions
             ,
             that
             the
             Complainant
             would
             do
             any
             such
             thing
             ;
             and
             that
             he
             this
             Deponent
             did
             conceive
             ,
             that
             he
             the
             said
             Complainant
             had
             a
             good
             Estate
             in
             himself
             ,
             when
             he
             this
             Deponent
             saw
             the
             said
             Deeds
             :
             but
             the
             said
             Lady
          
           Carr
           
             did
             insist
             upon
             it
             ,
             that
             it
             was
             true
             ,
             that
             he
             the
             Complainant
             had
             done
             such
             an
             Act
             ;
             and
             that
             not
             many
             days
             before
             he
             sealed
             the
             said
             Iointure
             ,
             he
             had
             conveyed
             away
             his
             Estate
             to
             others
             :
             Whereupon
             he
             this
             Deponent
             took
             an
             occasion
             to
             acquaint
             the
             Complainant
             with
             what
             he
             had
             heard
             ,
             who
             to
             the
             best
             of
             this
             Deponents
             remembrance
             did
             acknowledge
             the
             same
             .
             But
             this
             Deponent
             well
             remembreth
             ,
             that
             upon
             that
             discourse
             with
             the
             Complainant
             ,
             he
             this
             Deponent
             was
             well
             satisfied
             ,
             that
             some
             short
             time
             before
             the
             said
             Complainant
             sealed
             the
             said
             Conveyance
             of
             an
             Additional
             Iointure
             ,
             he
             had
             conveyed
             over
             his
             Estate
             therein
             to
             some
             other
             Person
             or
             Persons
             ,
             whereat
             this
             Deponent
             was
             much
             troubled
             .
          
        
         
         
           This
           concerns
           only
           my
           Son
           ,
           who
           hath
           in
           his
           Answer
           upon
           Oath
           to
           Sir
           Robert
           Carr's
           Bill
           in
           Chancery
           ,
           said
           positively
           he
           made
           no
           such
           Preconveyances
           ;
           The
           words
           of
           his
           Answer
           are
           these
           :
        
         
           This
           Defendant
           denies
           that
           before
           his
           Sealing
           and
           Executing
           the
           Deeds
           of
           Lease
           and
           Release
           in
           his
           former
           Answer
           mentioned
           ,
           he
           had
           made
           or
           granted
           any
           Estate
           or
           Conveyance
           of
           or
           in
           the
           Lands
           or
           Hereditaments
           therein
           mentioned
           ,
           or
           any
           part
           thereof
           ,
           to
           any
           Person
           or
           Persons
           whatsoever
           :
           Nor
           doth
           this
           Defendant
           remember
           or
           believe
           he
           ever
           declared
           or
           confessed
           ,
           he
           made
           or
           granted
           any
           Estate
           or
           Conveyance
           thereof
           precedent
           to
           the
           said
           Deeds
           of
           Lease
           and
           Release
           ;
           nor
           had
           he
           any
           reason
           so
           to
           do
           ,
           for
           that
           this
           Defendant
           at
           the
           time
           of
           his
           Sealing
           the
           said
           Deeds
           of
           Lease
           and
           Release
           ,
           was
           seized
           of
           such
           Estate
           in
           the
           said
           Premises
           ,
           as
           that
           he
           had
           (
           as
           he
           conceived
           and
           was
           advised
           by
           Counsel
           )
           good
           right
           and
           power
           to
           convey
           the
           same
           ,
           as
           by
           the
           Deeds
           of
           Lease
           and
           Release
           was
           mentioned
           and
           intended
           .
        
         
           Now
           ,
           if
           there
           never
           was
           any
           such
           thing
           done
           by
           him
           ,
           certainly
           he
           could
           not
           acknowledge
           that
           he
           had
           done
           such
           a
           thing
           as
           is
           set
           forth
           in
           the
           Deposition
           :
           It
           is
           true
           ,
           Mr.
           Justice
           Ellis
           something
           qualifies
           his
           Assertion
           by
           putting
           in
           these
           words
           ,
           
             That
             to
             the
             best
             of
             his
             remembrance
             he
             did
             acknowledge
             it
             .
          
           But
           he
           must
           give
           me
           leave
           to
           remember
           him
           ,
           that
           a
           Man
           of
           his
           gravity
           ,
           who
           hath
           the
           honour
           to
           be
           one
           of
           the
           twelve
           Judges
           of
           Westminster-Hall
           ,
           (
           whose
           words
           even
           doubtfully
           spoken
           are
           of
           great
           weight
           ,
           and
           do
           sway
           much
           to
           lead
           other
           Mens
           Opinions
           and
           Judgments
           to
           a
           concurrence
           with
           his
           ,
           even
           with
           what
           he
           enclines
           to
           believe
           )
           should
           not
           utter
           any
           thing
           tending
           so
           much
           to
           the
           disparagement
           of
           another
           ,
           give
           such
           a
           wound
           to
           the
           Honour
           and
           Reputation
           of
           a
           Gentleman
           ,
           as
           this
           Accusation
           (
           if
           true
           )
           would
           do
           to
           my
           Son
           ,
           but
           upon
           a
           very
           great
           certitude
           :
           For
           ,
           I
           say
           ,
           if
           this
           were
           true
           ,
           that
           my
           Son
           had
           done
           such
           an
           Act
           ,
           so
           unworthy
           of
           himself
           ,
           so
           unbecoming
           an
           honest
           Man
           ,
           much
           less
           a
           Gentleman
           ,
           I
           would
           never
           own
           him
           more
           for
           my
           Son
           ,
           but
           should
           think
           him
           fitter
           for
           a
           
           Goal
           or
           a
           Bridewell
           ,
           and
           there
           to
           end
           his
           days
           ,
           than
           to
           come
           into
           any
           honest
           Company
           ;
           and
           truly
           I
           look
           upon
           it
           as
           such
           an
           injury
           done
           him
           ,
           as
           that
           it
           passeth
           almost
           all
           Reparation
           .
        
         
           And
           Mr.
           Justice
           Ellis
           goes
           something
           further
           ,
           and
           saith
           ,
           
             He
             well
             remembers
             that
          
           ,
           which
           is
           ,
           
             That
             upon
             that
             Discourse
             he
             was
             well
             satisfied
             there
             were
             such
             Preconveyances
             ,
             and
             that
             he
             was
             much
             troubled
             at
             it
             .
          
           And
           saying
           what
           he
           said
           before
           ,
           I
           do
           not
           much
           wonder
           that
           he
           saith
           this
           ;
           For
           I
           see
           he
           is
           resolved
           to
           lead
           others
           into
           a
           belief
           that
           there
           were
           such
           Preconveyances
           ,
           whether
           there
           were
           any
           or
           no
           ;
           and
           I
           am
           most
           confident
           ,
           so
           as
           I
           durst
           almost
           swear
           it
           ,
           as
           much
           as
           I
           would
           swear
           ,
           for
           any
           thing
           that
           I
           do
           not
           of
           my
           own
           knowledge
           certainly
           know
           ,
           that
           there
           never
           were
           any
           such
           Preconveyances
           ,
           nor
           never
           any
           such
           discourse
           ,
           or
           ground
           for
           such
           a
           discourse
           .
           For
           ,
           first
           ,
           my
           Son
           hath
           denyed
           it
           upon
           his
           Oath
           ,
           and
           I
           never
           observed
           but
           that
           he
           was
           one
           who
           made
           a
           Conscience
           of
           his
           Ways
           ,
           and
           Conscience
           of
           an
           Oath
           .
           But
           admit
           him
           to
           be
           a
           Knave
           ,
           and
           that
           it
           had
           been
           true
           ,
           that
           he
           had
           done
           such
           an
           unworthy
           fraudulent
           Act
           ,
           in
           all
           reason
           he
           would
           not
           have
           been
           so
           weak
           ,
           as
           to
           have
           acknowledged
           it
           in
           his
           Discourse
           to
           one
           ,
           who
           he
           knew
           came
           to
           pump
           it
           out
           of
           him
           ,
           or
           have
           given
           him
           any
           ground
           to
           be
           satisfied
           that
           it
           was
           so
           ,
           and
           that
           he
           had
           so
           played
           the
           Knave
           :
           Such
           Works
           of
           Darkness
           use
           not
           to
           be
           owned
           and
           avowed
           ,
           since
           it
           is
           the
           secrecy
           of
           them
           that
           they
           owe
           their
           Being
           unto
           ,
           and
           which
           renders
           them
           advantageous
           to
           their
           Contrivers
           .
           Therefore
           it
           is
           not
           probable
           my
           Son
           would
           make
           such
           a
           Confession
           to
           him
           :
           And
           if
           Mr.
           Justice
           Ellis
           did
           but
           gather
           it
           from
           Circumstances
           ,
           and
           by
           Inferences
           upon
           what
           was
           said
           ,
           he
           should
           have
           done
           well
           to
           have
           declared
           those
           Circumstances
           ,
           and
           have
           expressed
           in
           his
           Deposition
           the
           Particulars
           of
           that
           Discourse
           ,
           upon
           which
           he
           grounded
           his
           being
           so
           satisfied
           ;
           which
           certainly
           he
           could
           not
           but
           have
           remembred
           ,
           (
           if
           there
           had
           been
           any
           )
           as
           well
           as
           that
           he
           was
           so
           satisfied
           upon
           it
           .
           And
           me-thinks
           he
           should
           have
           asked
           the
           Lady
           Carr
           ,
           what
           ground
           she
           had
           to
           say
           so
           ,
           before
           he
           had
           gone
           any
           further
           ,
           especially
           so
           far
           as
           to
           speak
           with
           my
           Son
           about
           it
           ,
           which
           
           he
           could
           not
           but
           think
           would
           be
           to
           him
           a
           very
           disobliging
           discourse
           taxing
           him
           with
           ,
           and
           questioning
           him
           about
           such
           a
           piece
           of
           knavery
           ;
           of
           which
           yet
           nothing
           appeared
           ,
           and
           of
           which
           there
           was
           no
           sign
           ,
           no
           Vestigium
           ,
           but
           in
           the
           Lady
           
           Carr's
           Fancy
           ;
           and
           (
           it
           seems
           )
           a
           desire
           in
           Mr.
           Justice
           Ellis
           to
           have
           it
           so
           believed
           by
           others
           ,
           whether
           true
           or
           not
           true
           .
        
         
           But
           I
           may
           ask
           ,
           Did
           Mr.
           Justice
           Ellis
           do
           the
           part
           of
           a
           faithful
           Friend
           to
           the
           Lady
           Carr
           ,
           and
           Sir
           
             Robert
             Carr
          
           ,
           for
           whom
           he
           saith
           he
           was
           entrusted
           ,
           as
           their
           Learned
           Counsel
           ,
           to
           draw
           their
           Writings
           ,
           and
           take
           care
           that
           good
           Assurances
           should
           be
           made
           ,
           and
           all
           things
           well
           settled
           ?
           That
           he
           should
           know
           ,
           or
           but
           believe
           ,
           or
           fear
           ,
           there
           was
           such
           double-dealing
           used
           towards
           his
           Clients
           and
           Friends
           ,
           such
           a
           Fraud
           and
           Cheat
           put
           upon
           them
           ,
           instead
           of
           an
           Additional
           Jointure
           to
           a
           Daughter
           of
           their
           Family
           ,
           and
           he
           be
           silent
           so
           long
           ,
           and
           say
           nothing
           of
           it
           ,
           whereby
           it
           might
           be
           put
           into
           some
           way
           ,
           to
           discover
           all
           that
           foul
           play
           ,
           and
           prevent
           the
           mischief
           and
           inconvenience
           which
           must
           of
           necessity
           have
           come
           of
           it
           ;
           For
           that
           Wife
           of
           my
           Son
           's
           ,
           whose
           Portion
           they
           would
           now
           not
           pay
           ,
           lived
           with
           him
           several
           Years
           ,
           and
           a
           Daughter
           he
           had
           by
           her
           lived
           about
           a
           twelve
           month
           after
           the
           Mother
           ;
           and
           all
           that
           time
           Mr.
           Justice
           Ellis
           said
           not
           one
           word
           of
           this
           ,
           nor
           I
           know
           not
           of
           how
           long
           after
           ,
           not
           until
           his
           examination
           in
           this
           Cause
           in
           Chancery
           :
           And
           to
           say
           the
           Truth
           ,
           I
           have
           reason
           to
           believe
           ,
           that
           both
           his
           Satisfaction
           and
           his
           Trouble
           (
           which
           he
           speaks
           of
           )
           began
           but
           when
           Sir
           
             Robert
             Carr
          
           took
           up
           the
           Resolution
           to
           keep
           back
           his
           Sisters
           Portion
           ;
           and
           that
           he
           had
           no
           thought
           before
           ,
           that
           ever
           there
           had
           been
           such
           discourse
           between
           my
           Son
           and
           him
           ,
           or
           any
           thing
           like
           it
           ,
           to
           cause
           either
           his
           Satisfaction
           ,
           or
           his
           Trouble
           .
           And
           so
           I
           come
           to
           his
           next
           Deposition
           .
        
         
           The
           Interrogatories
           were
           the
           5th
           ,
           6th
           ,
           and
           7th
           :
           The
           5th
           ;
           
             Did
             you
             at
             the
             instance
             of
             Dame
          
           Mary
           Carr
           
             prepare
             a
             Draught
             in
             pursitance
             of
             the
             said
             Settlement
             ,
             to
             tender
             to
             the
             Lord
          
           Holles
           ,
           
             and
             the
             Plantiff
             Sir
          
           Francis
           ,
           
             and
             what
             was
             done
             therein
             ,
             and
             whether
             was
             the
             same
             accepted
             or
             no
             ?
             Declare
             ,
          
           &c.
           
           6th
           ,
           
             Do
             you
             know
             that
             the
             Lord
          
           Holles
           
             did
             refuse
             to
             appoint
             his
             own
             Counsel
             ,
             to
             draw
             a
             Book
             in
             pursuance
             of
             the
             said
             Articles
             of
             Agreement
             ;
             and
             was
             there
             ever
             any
             Settlement
             made
             according
             to
             the
             said
             Articles
             ?
             Declare
             ,
          
           &c.
           7th
           ;
           
             Do
             you
             know
             ,
             or
             have
             you
             heard
             that
             the
             said
             Lord
          
           Holles
           
             did
             ever
             deliver
             a
             Copy
             or
             Draught
             of
             such
             Settlement
             to
             the
             said
             Dame
          
           Mary
           Carr
           ,
           
             or
             to
             her
             Counsel
             for
             that
             purpose
             appointed
             ?
             Declare
             ,
          
           &c.
           
        
         
           His
           Deposition
           to
           those
           Interrogatorics
           more
           immediately
           concerns
           me
           ,
           it
           runs
           thus
           :
        
         
           To
           the
           5th
           ,
           6th
           ,
           and
           7th
           Interrogatories
           ,
           This
           Deponent
           saith
           that
           he
           doth
           well
           remember
           ,
           That
           the
           said
           Lady
           Carr
           was
           often
           with
           him
           this
           Deponent
           ,
           to
           prepare
           a
           Conveyance
           for
           to
           make
           a
           Settlement
           ,
           according
           to
           the
           said
           Articles
           of
           Agreement
           upon
           the
           said
           Marriage
           ;
           and
           did
           very
           much
           complain
           she
           could
           not
           get
           the
           said
           Lord
           Holles
           to
           do
           it
           ;
           and
           did
           often
           importune
           him
           this
           Deponent
           to
           draw
           a
           Book
           to
           that
           purpose
           :
           Whereupon
           this
           Deponent
           told
           her
           ,
           That
           he
           could
           not
           well
           draw
           a
           Book
           without
           sight
           of
           the
           said
           Lord
           Holles
           his
           Writings
           ,
           which
           she
           could
           not
           procure
           .
           But
           this
           Deponent
           remembreth
           ,
           at
           the
           said
           Lady
           
           Carr's
           importunity
           ,
           he
           this
           Deponent
           did
           draw
           ,
           or
           cause
           to
           be
           drawn
           ,
           a
           rough
           draught
           of
           a
           Paper
           Book
           with
           Blanks
           ,
           to
           the
           Effect
           of
           the
           said
           Articles
           ,
           the
           said
           Lady
           Carr
           often
           telling
           him
           this
           Deponent
           ,
           that
           she
           had
           the
           Money
           for
           the
           Portion
           ready
           if
           she
           could
           but
           have
           the
           Assurances
           performed
           .
           And
           this
           Deponent
           had
           often
           discourse
           with
           Sir
           
             William
             Constantine
          
           ,
           the
           said
           Lord
           Holles
           his
           Counsel
           ,
           who
           did
           except
           against
           something
           in
           the
           said
           Articles
           ,
           and
           said
           they
           were
           not
           reasonable
           ;
           whereupon
           this
           Deponent
           told
           him
           ,
           that
           they
           were
           drawn
           by
           the
           said
           Lord
           Holles
           himself
           with
           his
           own
           hand
           ,
           and
           that
           they
           were
           not
           to
           make
           Articles
           ,
           but
           to
           draw
           Assurances
           ,
           according
           to
           the
           Articles
           already
           made
           ,
           and
           desired
           him
           the
           said
           Sir
           William
           ,
           That
           if
           he
           did
           not
           like
           the
           said
           Draught
           ,
           which
           he
           this
           Deponent
           had
           drawn
           ,
           that
           he
           the
           said
           Sir
           William
           would
           draw
           a
           Book
           himself
           ;
           and
           if
           there
           were
           any
           thing
           in
           the
           said
           Articles
           unreasonable
           ,
           (
           so
           as
           the
           Substance
           and
           Effect
           of
           them
           might
           be
           performed
           )
           he
           this
           Deponent
           would
           perswade
           the
           Lady
           Carr
           to
           agree
           to
           them
           .
           But
           this
           Deponent
           did
           not
           perceive
           that
           the
           said
           
           Sir
           William
           Constantine
           
             was
             willing
             to
             do
             it
             .
             And
             this
             Deponent
             saith
             that
             afterwards
             the
             said
             Lord
          
           Holles
           
             was
             with
             him
             this
             Deponent
             ,
             and
             did
             complain
             of
             the
             said
             Articles
             ,
             and
             said
             it
             was
             never
             his
             intention
             such
             Settlement
             should
             be
             made
             ;
             whereupon
             this
             Deponent
             told
             his
             Lordship
             ,
             That
             he
             this
             Deponent
             could
             not
             ,
             nor
             had
             any
             power
             to
             make
             any
             new
             Articles
             ;
             but
             if
             any
             thing
             were
             unreasonable
             or
             hard
             upon
             him
             in
             them
             ,
             he
             this
             Deponent
             would
             do
             his
             endeavour
             to
             perswade
             the
             Lady
          
           Carr
           
             to
             have
             them
             rectified
             ;
             but
             this
             Deponent
             doth
             not
             know
             that
             ever
             any
             Conveyances
             were
             made
             and
             executed
             according
             to
             the
             said
             Articles
             ,
             or
             otherwise
             ,
             or
             any
             tendred
             by
             the
             Lord
          
           Holles
           
             or
             his
             Counsel
             ,
             although
             the
             said
             Lady
          
           Carr
           
             did
             often
             desire
             ,
             and
             was
             very
             importunate
             to
             have
             had
             the
             same
             done
             and
             perfected
             .
          
        
         
           The
           Matter
           of
           this
           is
           far
           from
           Truth
           ;
           yet
           it
           may
           be
           true
           ,
           that
           the
           Lady
           Carr
           told
           him
           so
           ;
           But
           that
           good
           Lady
           would
           sometimes
           mistake
           ,
           and
           I
           am
           sure
           she
           did
           so
           now
           ,
           if
           she
           said
           any
           such
           thing
           to
           Mr.
           Justice
           Ellis
           ,
           as
           he
           saith
           she
           did
           :
           For
           upon
           the
           Faith
           of
           a
           Christian
           it
           is
           not
           true
           ,
           that
           she
           did
           press
           me
           to
           perfect
           those
           Assurances
           ,
           and
           as
           little
           true
           that
           I
           ever
           refused
           it
           ,
           or
           was
           backward
           to
           do
           my
           part
           in
           it
           .
           So
           far
           from
           it
           ,
           that
           it
           was
           still
           desired
           and
           pressed
           on
           by
           me
           ;
           and
           it
           stuck
           at
           her
           ,
           and
           those
           of
           her
           side
           ,
           who
           would
           never
           perform
           what
           was
           in
           the
           first
           place
           their
           part
           to
           do
           ,
           which
           was
           to
           secure
           the
           Portion
           .
           For
           which
           purpose
           ,
           she
           was
           tied
           by
           the
           Articles
           to
           get
           a
           Fine
           levied
           of
           her
           Husband
           and
           Son
           ,
           of
           certain
           Lands
           there
           specified
           ,
           in
           the
           Michaelmas
           Term
           following
           after
           the
           Marriage
           of
           her
           Daughter
           ,
           which
           was
           about
           the
           latter
           end
           of
           August
           1661.
           
           This
           was
           not
           done
           .
           And
           my
           Engagement
           for
           setling
           the
           Jointure
           ,
           was
           to
           do
           it
           some
           three
           months
           after
           that
           Fine
           levied
           :
           for
           this
           I
           was
           to
           do
           but
           in
           six
           months
           after
           the
           Marriage
           ,
           which
           time
           did
           not
           expire
           till
           about
           the
           end
           of
           February
           .
           So
           then
           the
           Portion
           not
           seemed
           ,
           as
           I
           was
           not
           at
           all
           bound
           ,
           so
           it
           had
           been
           a
           very
           imprudent
           thing
           in
           me
           to
           have
           setled
           Land
           for
           a
           Jointure
           gratis
           ,
           without
           any
           hopes
           of
           ever
           seeing
           a
           Portion
           ,
           which
           by
           their
           dealing
           I
           had
           cause
           to
           apprehend
           might
           be
           their
           intention
           ,
           or
           at
           least
           to
           put
           us
           to
           trouble
           to
           recover
           it
           .
        
         
         
           For
           though
           Mr.
           Justice
           Ellis
           is
           pleased
           to
           say
           ,
           
             That
             the
             Lady
          
           Carr
           
             told
             him
             the
             Portion
             was
             ready
          
           ;
           She
           nor
           he
           never
           told
           us
           so
           :
           It
           is
           what
           we
           never
           heard
           of
           ,
           neither
           my
           Son
           nor
           I
           ,
           and
           I
           am
           confident
           no
           Man
           nor
           Woman
           did
           ever
           hear
           so
           ,
           but
           the
           Justice
           himself
           ;
           And
           sure
           we
           were
           most
           concerned
           to
           have
           had
           the
           notice
           given
           to
           us
           :
           Nay
           ,
           the
           Justice
           ,
           who
           by
           his
           own
           saying
           was
           intrusted
           with
           the
           care
           of
           procuring
           those
           Settlements
           to
           be
           made
           ,
           and
           seeing
           all
           things
           performed
           ,
           that
           were
           requisite
           thereunto
           ,
           was
           bound
           in
           Duty
           and
           Conscience
           to
           have
           signified
           so
           much
           to
           us
           ,
           as
           that
           which
           would
           have
           removed
           the
           sole
           Obstacle
           ,
           and
           brought
           the
           Business
           to
           a
           happy
           conclusion
           ;
           or
           at
           least
           it
           would
           have
           justified
           to
           all
           the
           World
           the
           sincerity
           of
           their
           Proceedings
           ,
           and
           laid
           open
           past
           all
           denial
           the
           tergiversation
           and
           insincerity
           which
           they
           met
           with
           from
           us
           .
        
         
           I
           am
           sure
           that
           with
           much
           ado
           ,
           after
           long
           waiting
           ,
           and
           several
           sollicitations
           of
           mine
           ,
           being
           then
           upon
           my
           Journey
           into
           France
           ,
           I
           got
           a
           meeting
           at
           my
           House
           in
           Westminster
           with
           the
           Lady
           
           Carr's
           Agents
           ,
           a
           Counseller
           at
           Law
           one
           Mr.
           Cox
           ,
           and
           some
           others
           whom
           she
           employed
           ;
           And
           all
           the
           Writings
           on
           my
           part
           were
           there
           ready
           ,
           and
           were
           examined
           and
           approved
           by
           them
           ,
           and
           I
           began
           to
           Seal
           ,
           and
           had
           sealed
           one
           or
           two
           ;
           and
           I
           had
           acknowledged
           a
           Fine
           of
           the
           Land
           in
           pursuance
           of
           the
           Articles
           ,
           and
           I
           delivered
           it
           to
           them
           :
           And
           as
           I
           was
           Sealing
           ,
           I
           asked
           what
           Order
           they
           had
           for
           the
           Portion
           ;
           to
           which
           Mr.
           Cox
           answered
           ,
           He
           had
           none
           at
           all
           ;
           whereupon
           I
           replyed
           ,
           I
           would
           then
           settle
           no
           Jointure
           ,
           till
           I
           had
           satisfaction
           in
           that
           Particular
           ,
           and
           accordingly
           stopped
           my
           hand
           from
           further
           Sealing
           ,
           and
           there
           it
           rested
           .
        
         
           Soon
           after
           that
           I
           went
           into
           France
           ,
           where
           I
           continued
           near
           three
           years
           ;
           whilst
           I
           was
           there
           ,
           I
           received
           a
           desire
           from
           Sir
           
             Robert
             Carr
          
           ,
           that
           I
           would
           write
           to
           some
           of
           my
           Friends
           in
           the
           House
           of
           Peers
           (
           the
           Parliament
           then
           sitting
           )
           for
           their
           favour
           and
           assistance
           to
           him
           in
           passing
           a
           Bill
           to
           settle
           his
           Estate
           ,
           and
           enable
           him
           to
           pay
           some
           Debts
           ,
           and
           particularly
           to
           discharge
           
           and
           pay
           his
           Sisters
           Portion
           :
           Accordingly
           I
           did
           write
           to
           several
           Lords
           ,
           to
           the
           Earl
           of
           Arlington
           by
           name
           for
           one
           ,
           who
           was
           then
           Principal
           Secretary
           ,
           is
           yet
           alive
           ,
           and
           can
           witness
           if
           this
           be
           true
           that
           I
           say
           .
        
         
           My
           last
           treating
           about
           this
           Business
           ,
           or
           rather
           I
           may
           say
           my
           last
           endeavour
           to
           have
           treated
           ,
           was
           when
           I
           went
           once
           to
           have
           visited
           the
           Lady
           Carr
           at
           her
           House
           in
           Lincolns-Inn-fields
           ,
           with
           an
           intention
           to
           have
           moved
           her
           ,
           that
           she
           would
           at
           last
           perfect
           things
           relating
           to
           it
           .
           And
           I
           stayed
           near
           an
           hour
           in
           a
           low
           Parlour
           ,
           spake
           to
           several
           of
           the
           Servants
           to
           acquaint
           her
           with
           my
           being
           there
           ,
           but
           could
           have
           no
           answer
           ;
           So
           I
           came
           away
           ,
           and
           I
           never
           went
           to
           see
           her
           more
           ,
           nor
           never
           had
           any
           more
           to
           do
           with
           her
           .
        
         
           By
           these
           Passages
           it
           appears
           no
           Portion
           was
           ready
           ,
           whatever
           the
           Lady
           said
           to
           Mr.
           Justice
           Ellis
           ;
           And
           whether
           she
           said
           it
           or
           no
           ,
           I
           durst
           almost
           positively
           affirm
           ,
           he
           could
           not
           believe
           it
           was
           so
           ;
           for
           he
           ,
           who
           knew
           that
           Family
           so
           well
           ,
           and
           the
           Necessities
           ,
           Difficulties
           ,
           and
           Distractions
           which
           it
           laboured
           under
           ,
           by
           reason
           of
           the
           Distemper
           of
           Sir
           
             Robert
             Carr
          
           the
           Father
           ,
           the
           opposition
           of
           the
           Lady
           to
           her
           Husband
           ,
           and
           to
           all
           that
           he
           did
           ,
           their
           drawing
           several
           ways
           ,
           sometimes
           the
           one
           prevailing
           ,
           sometimes
           the
           other
           ,
           one
           undoing
           what
           the
           other
           did
           ;
           he
           ,
           I
           say
           ,
           who
           knew
           all
           this
           ,
           could
           not
           but
           know
           that
           six
           thousand
           Pounds
           ,
           was
           a
           Sum
           not
           to
           be
           there
           so
           easily
           gotten
           together
           ,
           and
           that
           he
           was
           not
           presently
           to
           believe
           it
           to
           be
           so
           because
           that
           Lady
           said
           it
           .
        
         
           Indeed
           I
           have
           heard
           she
           had
           a
           Sute
           in
           Chancery
           with
           her
           Counsellor
           Mr.
           Cox
           ,
           about
           some
           Money
           that
           she
           had
           put
           into
           his
           hands
           ;
           which
           Money
           ,
           she
           in
           her
           Answer
           to
           my
           Son's
           Bill
           in
           Chancery
           ,
           saith
           was
           for
           the
           payment
           of
           this
           Portion
           ;
           but
           how
           likely
           this
           is
           to
           be
           true
           ,
           that
           it
           was
           for
           that
           use
           ,
           let
           any
           Man
           judge
           .
           Cox
           ,
           as
           I
           have
           heare
           ,
           confessed
           only
           two
           thousand
           Pounds
           ,
           and
           that
           it
           was
           in
           trust
           for
           one
           Mr.
           Fleetwood
           ,
           a
           Gentleman
           whom
           she
           then
           much
           respected
           ;
           and
           besides
           this
           was
           in
           1667
           ,
           or
           1668
           ,
           several
           years
           after
           all
           treating
           
           about
           either
           Portion
           or
           Jointure
           ,
           or
           any
           thing
           else
           relating
           to
           her
           Daughters
           Marriage
           ,
           was
           absolutely
           broken
           off
           and
           laid
           aside
           ,
           and
           her
           Daughter
           then
           dead
           ,
           of
           whom
           ,
           or
           of
           any
           thing
           concerning
           her
           ,
           she
           then
           certainly
           had
           no
           thought
           at
           all
           ;
           so
           as
           this
           is
           but
           a
           meer
           Fancy
           ,
           that
           it
           seems
           she
           then
           pleased
           her self
           with
           ,
           when
           she
           was
           Sued
           by
           my
           Son
           ,
           of
           which
           he
           nor
           none
           of
           his
           Friends
           had
           ever
           heard
           before
           ,
           whom
           (
           as
           I
           have
           already
           said
           )
           she
           should
           chiefly
           have
           acquainted
           with
           it
           .
        
         
           Yet
           this
           Deposition
           of
           Mr.
           Justice
           Ellis
           even
           so
           framed
           ,
           but
           upon
           a
           Hear-say
           ,
           may
           have
           its
           operation
           ,
           and
           perhaps
           much
           to
           my
           disadvantage
           ;
           for
           though
           the
           Justice
           speak
           it
           but
           upon
           the
           Lady
           
           Carr's
           Credit
           ,
           who
           should
           tell
           him
           such
           things
           ,
           
             That
             I
             refused
             to
             perform
             Covenants
             ,
             and
             that
             the
             Portion
             was
             ready
             ,
             but
             I
             would
             do
             nothing
             of
             that
             I
             ought
             to
             do
          
           ;
           yet
           this
           coming
           from
           him
           ,
           and
           being
           vented
           and
           published
           by
           him
           ,
           a
           Person
           of
           that
           Weight
           and
           Authority
           ,
           who
           bears
           such
           a
           Figure
           as
           he
           doth
           ,
           will
           make
           an
           impression
           upon
           some
           Mens
           Minds
           ,
           as
           if
           I
           were
           in
           truth
           such
           a
           Man
           as
           I
           am
           there
           deciphered
           to
           be
           .
           Therefore
           I
           have
           cause
           to
           complain
           of
           his
           readiness
           upon
           so
           slight
           a
           ground
           to
           utter
           things
           so
           much
           to
           my
           disparagement
           ;
           and
           which
           he
           could
           not
           but
           know
           to
           be
           no
           legal
           Evidence
           in
           the
           behalf
           of
           Sir
           
             Robert
             Carr
          
           ,
           who
           had
           produced
           him
           for
           a
           Witness
           ,
           and
           shews
           more
           a
           good
           will
           and
           a
           desire
           he
           had
           to
           please
           him
           ,
           than
           that
           it
           could
           be
           any
           real
           service
           to
           him
           ,
           for
           the
           carrying
           on
           of
           his
           Cause
           .
        
         
           He
           goes
           on
           and
           tells
           a
           Story
           ,
           first
           of
           a
           Discourse
           between
           him
           and
           Sir
           
             William
             Constantine
          
           ,
           then
           of
           one
           between
           him
           and
           me
           ;
           What
           Sir
           
             William
             Constantine
          
           said
           to
           him
           I
           do
           not
           know
           .
           I
           do
           not
           remember
           that
           ever
           I
           employed
           Sir
           
             William
             Constantine
          
           to
           treat
           with
           him
           about
           that
           Business
           ;
           nay
           ,
           if
           I
           were
           to
           die
           at
           this
           present
           ,
           I
           would
           take
           it
           upon
           my
           death
           ,
           that
           I
           cannot
           call
           to
           mind
           ,
           that
           ever
           I
           knew
           that
           Serjeant
           Ellis
           (
           for
           so
           I
           think
           he
           was
           then
           )
           was
           employed
           ,
           or
           made
           use
           of
           ,
           in
           any
           part
           of
           all
           that
           Negotiation
           between
           the
           Lady
           Carr
           and
           me
           ;
           so
           I
           may
           very
           well
           say
           ,
           that
           I
           do
           not
           believe
           it
           to
           be
           true
           ,
           
           that
           I
           ever
           was
           with
           him
           to
           
             complain
             of
             the
             Articles
          
           ,
           and
           that
           I
           should
           say
           
             it
             was
             never
             my
             intention
             ,
             that
             such
             a
             Settlement
             should
             be
             made
             .
          
        
         
           And
           I
           do
           verily
           believe
           he
           goes
           upon
           a
           mistake
           ,
           confounding
           another
           Business
           with
           this
           :
           For
           I
           do
           acknowledge
           ,
           I
           was
           with
           him
           about
           a
           Marriage
           propounded
           for
           the
           Earl
           of
           Lincoln
           ,
           which
           was
           long
           after
           that
           of
           my
           Son
           's
           ;
           and
           I
           am
           very
           confident
           it
           was
           upon
           that
           occasion
           ,
           the
           first
           time
           that
           ever
           I
           was
           at
           his
           Chamber
           ,
           or
           ever
           had
           to
           do
           with
           him
           ;
           for
           I
           do
           very
           well
           remember
           ,
           that
           when
           I
           went
           to
           speak
           with
           him
           about
           that
           Business
           of
           the
           Earl
           of
           Lincolns
           ,
           I
           did
           not
           know
           where
           his
           Chamber
           was
           till
           it
           was
           shewed
           me
           ;
           which
           could
           not
           have
           been
           ,
           if
           ever
           I
           had
           been
           there
           before
           .
        
         
           But
           be
           it
           how
           it
           will
           ,
           that
           he
           was
           employed
           or
           not
           employed
           in
           that
           business
           ,
           and
           that
           I
           was
           or
           was
           not
           with
           him
           about
           it
           ,
           it
           matters
           not
           much
           ;
           I
           wish
           he
           had
           dealt
           more
           clearly
           in
           his
           Testiony
           ,
           and
           not
           have
           spoken
           in
           the
           Clouds
           ,
           laid
           a
           general
           Charge
           ,
           which
           makes
           a
           sound
           ,
           as
           if
           it
           signified
           some
           great
           Mattter
           ;
           
             That
             I
             should
             complain
             of
             the
             Articles
             ,
             and
             say
             ,
             I
             never
             intended
             to
             make
             a
             Settlement
             according
             to
             them
             ,
             though
             the
             Articles
             were
             of
             mine
             own
             drawing
             ,
          
           as
           he
           saith
           ;
           Which
           if
           true
           ,
           I
           had
           been
           certainly
           a
           very
           unworthy
           Man
           ,
           not
           fit
           for
           that
           common
           dealing
           which
           is
           between
           Man
           and
           Man
           ,
           one
           upon
           whose
           Promises
           ,
           nay
           Covenants
           and
           Engagements
           no
           Man
           could
           put
           trust
           nor
           confidence
           ;
           And
           for
           such
           a
           Man
           he
           endeavours
           to
           make
           me
           to
           pass
           ;
           and
           therefore
           tells
           not
           ,
           wherein
           I
           was
           unsatisfied
           ,
           or
           what
           the
           particular
           was
           which
           I
           complained
           of
           .
        
         
           For
           it
           is
           true
           ,
           I
           did
           complain
           of
           one
           Particular
           ,
           (
           yet
           I
           think
           not
           to
           him
           ,
           for
           as
           I
           say
           )
           I
           do
           not
           believe
           I
           ever
           spake
           with
           him
           in
           all
           that
           Business
           )
           nor
           was
           it
           of
           the
           Articles
           I
           complained
           ;
           But
           this
           I
           complained
           of
           ,
           that
           the
           Lady
           Carr
           would
           have
           something
           to
           be
           done
           by
           me
           ,
           which
           was
           not
           in
           the
           Articles
           ,
           as
           I
           supposed
           :
           It
           was
           concerning
           three
           Leases
           which
           I
           held
           for
           Lives
           ,
           one
           from
           the
           Earl
           of
           Salisbury
           ,
           the
           
           other
           two
           from
           the
           Bishop
           of
           Salisbury
           :
           I
           had
           Articled
           ,
           that
           after
           my
           Decease
           my
           Son
           should
           have
           them
           ,
           and
           was
           willing
           to
           yeeld
           to
           any
           thing
           ,
           whereby
           they
           might
           be
           secured
           to
           my
           Son
           ,
           that
           it
           should
           not
           be
           in
           my
           power
           to
           dispose
           of
           them
           from
           him
           :
           But
           nothing
           would
           serve
           the
           Lady
           Carr
           ,
           but
           that
           I
           should
           presently
           assign
           them
           over
           to
           him
           ;
           which
           I
           could
           not
           give
           way
           to
           for
           two
           respects
           :
           One
           was
           a
           little
           Point
           of
           Honour
           ;
           for
           two
           of
           these
           Leases
           being
           of
           two
           Mannors
           ,
           I
           could
           not
           afterwards
           keep
           Courts
           ,
           nor
           grant
           Estates
           in
           my
           own
           Name
           ,
           but
           must
           do
           it
           in
           my
           Sons
           :
           The
           other
           was
           a
           real
           Inconvenience
           ,
           that
           when
           any
           of
           my
           Lives
           should
           die
           ,
           it
           would
           not
           be
           in
           my
           power
           to
           renue
           my
           Estate
           ,
           without
           having
           him
           present
           to
           join
           with
           me
           ,
           or
           rather
           to
           be
           himself
           the
           taker
           of
           it
           in
           his
           own
           name
           ,
           who
           lived
           not
           with
           me
           ,
           might
           be
           an
           hundred
           miles
           off
           ,
           when
           an
           occasion
           of
           renewing
           should
           present
           it self
           ,
           and
           I
           by
           that
           means
           might
           lose
           the
           opportunity
           ,
           which
           would
           have
           been
           a
           great
           prejudice
           unto
           me
           ,
           and
           even
           to
           my
           Son
           and
           his
           Wife
           .
           to
           whom
           those
           Leases
           were
           to
           come
           after
           me
           .
           This
           I
           did
           not
           conceive
           at
           all
           to
           be
           the
           sense
           and
           meaning
           of
           the
           Articles
           ;
           which
           on
           the
           other
           side
           I
           did
           conceive
           would
           have
           been
           fully
           pursued
           and
           performed
           by
           what
           I
           proposed
           ,
           and
           what
           I
           was
           willing
           and
           ready
           to
           do
           :
           And
           therefore
           Mr.
           Justice
           Ellis
           would
           not
           tell
           the
           Particular
           ,
           what
           it
           was
           that
           I
           complained
           of
           ,
           which
           would
           have
           carried
           with
           it
           its
           own
           Justification
           ,
           but
           laps
           it
           up
           in
           general
           terms
           ,
           to
           make
           me
           appear
           a
           falsifier
           of
           my
           word
           ,
           and
           of
           my
           Covenants
           .
           This
           I
           think
           was
           not
           so
           fair
           ,
           and
           seems
           to
           me
           to
           argue
           rather
           a
           desire
           in
           him
           to
           do
           me
           a
           mischief
           ,
           and
           serve
           a
           turn
           ,
           than
           to
           give
           a
           full
           and
           clear
           Testimony
           to
           the
           Truth
           .
        
         
           One
           thing
           more
           I
           must
           observe
           ,
           which
           I
           cannot
           let
           pass
           without
           some
           Remarque
           upon
           it
           ,
           he
           saith
           ,
           
             The
             Articles
             were
             of
             mine
             own
             drawing
             ,
          
           and
           makes
           use
           of
           that
           Circumstance
           to
           aggravate
           my
           ill
           dealing
           ,
           that
           I
           should
           go
           against
           my
           own
           Act
           ,
           and
           have
           the
           impudence
           my self
           to
           proclaim
           it
           ,
           and
           say
           I
           never
           intended
           the
           Settlement
           should
           be
           made
           according
           to
           the
           Articles
           which
           my self
           had
           drawn
           .
           Which
           had
           been
           a
           
           folly
           in
           me
           even
           beyond
           the
           knavery
           ,
           for
           few
           that
           play
           the
           Knaves
           will
           be
           so
           very
           Fools
           ,
           as
           to
           say
           they
           intended
           it
           .
        
         
           But
           in
           truth
           Mr.
           Justice
           Ellis
           hath
           ill
           luck
           to
           mistake
           in
           all
           he
           hath
           deposed
           from
           the
           beginning
           to
           the
           end
           ;
           For
           this
           is
           as
           true
           of
           my
           drawing
           the
           Articles
           ,
           as
           all
           the
           rest
           which
           I
           have
           before
           spoken
           to
           :
           It
           was
           Sir
           
             Orlando
             Bridgman
          
           that
           drew
           them
           ,
           or
           caused
           them
           to
           be
           drawn
           :
           All
           the
           hand
           that
           I
           had
           in
           them
           ,
           was
           to
           insert
           the
           name
           of
           Sir
           
             Robert
             Carr
          
           the
           Father
           ,
           whom
           they
           would
           have
           left
           out
           ,
           saying
           he
           was
           mad
           ,
           and
           that
           the
           Lady
           managed
           all
           ,
           both
           the
           Person
           and
           Estate
           of
           her
           Husband
           being
           committed
           to
           her
           ,
           and
           governed
           by
           her
           in
           the
           nature
           of
           his
           Guardian
           ,
           so
           that
           it
           was
           not
           at
           all
           needful
           (
           as
           they
           said
           )
           to
           make
           him
           a
           Party
           ;
           yet
           I
           desired
           he
           should
           be
           made
           a
           Party
           ,
           and
           therefore
           put
           in
           his
           Name
           in
           several
           places
           ,
           where
           I
           conceived
           it
           necessary
           .
        
         
           And
           one
           Passage
           more
           I
           find
           there
           written
           with
           my
           own
           hand
           ;
           It
           was
           to
           have
           4000
           pounds
           of
           the
           Portion
           laid
           out
           in
           Land
           to
           be
           setled
           upon
           my
           Daughter
           in
           Law
           for
           an
           Addition
           to
           her
           Jointure
           ;
           and
           further
           to
           declare
           how
           the
           remainder
           of
           the
           whole
           Estate
           should
           go
           in
           case
           of
           no
           Issue
           .
        
         
           This
           is
           all
           I
           did
           as
           to
           the
           drawing
           of
           the
           Articles
           :
           but
           I
           do
           not
           say
           ,
           nor
           did
           I
           ever
           think
           ,
           that
           I
           was
           the
           less
           bound
           by
           them
           ,
           because
           I
           did
           not
           make
           them
           my self
           ,
           for
           I
           did
           agree
           to
           them
           ,
           and
           was
           still
           ready
           to
           have
           performed
           them
           ,
           if
           the
           Lady
           Carr
           would
           have
           performed
           her
           part
           concerning
           the
           Portion
           ,
           which
           (
           as
           I
           have
           said
           before
           )
           was
           at
           least
           to
           have
           been
           secured
           in
           the
           first
           place
           .
        
         
           However
           I
           was
           resolved
           still
           to
           take
           care
           of
           her
           Daughter
           ,
           and
           do
           all
           that
           I
           was
           bound
           to
           do
           ,
           or
           indeed
           could
           do
           (
           whether
           bound
           to
           it
           or
           no
           )
           for
           her
           good
           ,
           after
           she
           was
           once
           married
           into
           my
           Family
           ,
           who
           I
           must
           say
           did
           deserve
           it
           ,
           and
           proved
           a
           very
           excellent
           good
           Woman
           ;
           though
           before
           she
           did
           come
           into
           my
           Family
           ,
           that
           is
           ,
           before
           I
           knew
           her
           ,
           and
           was
           acquainted
           with
           her
           ,
           I
           was
           not
           at
           all
           desirous
           my
           Son
           should
           
           marry
           there
           .
           It
           was
           Sir
           
             Edward
             Rossiter
          
           that
           first
           proposed
           the
           Match
           ,
           who
           did
           manage
           the
           treaty
           of
           it
           and
           perfect
           it
           ;
           And
           if
           my
           Son
           would
           have
           been
           ruled
           by
           me
           ,
           and
           followed
           my
           advice
           ,
           he
           had
           not
           been
           married
           before
           he
           had
           received
           his
           Portion
           ,
           and
           then
           all
           the
           trouble
           that
           hath
           since
           followed
           would
           have
           been
           prevented
           ;
           but
           this
           is
           not
           much
           to
           the
           purpose
           :
           To
           return
           then
           to
           Mr.
           Justice
           Ellis
           his
           Deposition
           and
           so
           make
           an
           end
           .
        
         
           In
           his
           conclusion
           of
           it
           ,
           he
           goes
           beyond
           all
           that
           he
           hath
           said
           before
           ,
           he
           saith
           ,
           
             He
             did
             not
             know
             that
             any
             Conveyances
             were
             made
             by
             me
             according
             to
             the
             Articles
             ,
             although
             the
             Lady
          
           Carr
           
             did
             often
             desire
             the
             same
             ,
             and
             was
             very
             importunate
             〈…〉
             to
             have
             it
             done
             and
             perfected
             .
          
           Here
           he
           seems
           positively
           to
           swear
           ,
           that
           the
           Lady
           Carr
           did
           often
           desire
           it
           ,
           and
           was
           importunate
           with
           me
           to
           have
           it
           done
           .
           I
           would
           fain
           hope
           ,
           that
           there
           was
           some
           mistake
           in
           the
           Examiner
           writing
           down
           his
           Deposition
           ,
           and
           that
           he
           omitted
           what
           he
           had
           fully
           expressed
           in
           the
           former
           part
           of
           it
           ,
           which
           was
           ,
           
             That
             the
             Lady
          
           Carr
           
             had
             told
             him
             so
          
           ;
           and
           so
           indeed
           he
           may
           swear
           truth
           ,
           though
           she
           did
           not
           say
           true
           ;
           For
           I
           am
           sure
           the
           thing
           is
           very
           false
           ,
           if
           there
           be
           any
           truth
           in
           me
           :
           It
           was
           I
           still
           that
           desired
           her
           and
           importuned
           her
           ,
           and
           not
           she
           me
           ,
           I
           was
           still
           ready
           but
           she
           would
           do
           nothing
           .
           And
           upon
           the
           whole
           Matter
           I
           must
           say
           ,
           That
           I
           am
           as
           much
           wronged
           by
           Mr.
           Justice
           Ellis
           in
           his
           Deposition
           throughout
           ,
           as
           a
           Man
           can
           be
           ;
           yet
           as
           a
           Christian
           I
           will
           say
           ,
           God
           forgive
           him
           ,
           and
           I
           do
           ;
           though
           he
           hath
           done
           me
           all
           this
           wrong
           ;
           which
           is
           a
           better
           conclusion
           of
           my
           Remarques
           ,
           than
           his
           of
           his
           Deposition
           .
        
         
           FINIS
           .
        
         
      
    
     
  

