Severall Circircumstances to prove that Mris Jane Berkeley and Sr William Killigrew have combined together to defraud me of an estate left unto me by Henry Killigrew Esq; for payment of his debts, for which I lye now in prison.
ANd first, her envying and railing on the said Mr Killigrew after his death, for his subtill and unfaithfull dealing with her, that having courted her for a long time with promising language, and given her strong hopes of leaving her sole mistres of his estate, should fall off, and leave her but a part. And further, that he had cousened her of her portion, which he perswaded her to venture in the Fens, which was now lost by reason the Fens were destroyed: which language certainly she would not have used, if the whole estate had been conferred upon her; yet notwithstanding she possest her self of all his writings and evidences, and consequently of his estate. And having in her hands a Will made by the said M. Killigrew at Exeter, (and no doubt provok't unto it by her self, in the name her brother Sir John Berkeley was then Governour there, whose countenance might much further the business) whereby he gives her all or the greatest part of his estate. By virtue of which Will she makes sale of a great part of the estate, though she never proved the Will: And finding amongst the writings a deed made to me, by the said M. Killigrew, of the Manor of Laur ack and Bartine of Ince in the County of Cornwall, [Page 2]long before the troubles began in England: which Deed was good against all claims and delinquency, and made long before the Will, so that it is evident M. Killigrew intended nothing less then to make her his heir, though to satisfie her pressing importunities he made that Will. For tis well known his affection to her was much faln of what it had been, for reasons best known to himself. Which she perceiving, and that she was frustrated in her expectation, resolves to deceive him in his intention; and so goes about by all subtill and indirect ways to defraud me of the estate, to whom it was meant; And to cousen him really after his death, who had deceived her expectation in his life, and so ruin me an innocent person in the way to her revenge; who was ingaged in 1500 l. principal money for the onely debt of the said M. Killigrew, for part of which debt I lie now in prison.
But the Parliament seizing the estate of the said M. Killigrew for delinquency, the Will (being made when he was a delinquent) became invalid; By which means her sales became void, which put her to a nonplus; and so casting about which way to recover her self, made choice of Sir William Killigrew, as the fittest instrument for her purpose, whom she well knew to have as much power and as many frequent opportunities with me, as one man could have with another; (we both lodging in a house together, and seldome out of one anothers company) and he to make good her clamorous rayles upon the said M. Killigrew after his death, who in his life durst not utter a word of contumely against him; accusing him of a cheat of 3 or 4000 l. in the sale of his Manor of Kirton, in Devon; when he himself made choice of him for that purpose, and never was accompt more exactly given up, being control'd by Robert Long Esq; one of the overseers of his fathers Will; and as able an accomptant as was in England. These blemishes, and many more they cast upon this poor Gentleman in his grave, and to discredit and discountenance me that was to enjoy the [Page 3]estate, they gave out that I was a poor indigent worthless fellow, Case in my brain and in deed rendred me to all those that did not know me, no better then a mad man.
And further, that the said M. Killigrew had so blinded and incumbred his estate, as none knew how to set it right, when he good man, left it in good order for payment of his debts, of which I can witness how great his care was to have them satisfied, and transferred the care upon me in case he should die, of whom he had very sufficient experience in the payment of sir Robert Killigrews debts and legacies amounting to 27000 l. These reproaches being cast upon M. Killigrew and me, she thought would set off her virtues with the greater lustre, and so procure favour and indulgence of some of the old Parliament, whom sir William Killigrew had gotten to be of her party, with purpose to over-power me. Which men she often feasted with costly entertainments, as also her Councell whom sir William Killigrew by his care and diligence provided for her, men able to manage a business of this nature; and so all the incumbrances and disjoyntings that could be done upon this estate, was devised and put in practice by them and their agents, after the decease of the said M. Killigrew; to hold me in such a mist as they think and hope I shall never cleer up, and thus they begin their Matachine.
The first thing they desired of me was, to come before a Committee to affirm or attest a Deed sealed and signed by M. Killigrew and my self, that it was my hand and seal, which accordingly I did. This Deed was to make over to sir William and sir John Berkeley (brothers to the said Mistresse Jane Berkeley) 200 l. per Annum, during the life of the said Mistresse Jane Berkeley, to whose use it was made, for the payment of which Annuity there was tyed the Fee Farm rent of Laurack of 60 l. per Annum, the Bartine of Ince, a Mill & alia.
After this was done, they both told me that the said M. Killigrew had made over a trust to me, which they believed I [Page 4]would reconvey to Mistresse Berkeley when she should require it: But finding me slow to give answer to that, they let it slacken a while, and did not presse it any further, lest I should suspect some practice upon me, yet now and then sir William would put me in minde of it.
Mean time, I chanced to come into a room where one M. Thomas Kendall and M. Edward Nosworthy were drinking together, and speaking to M. Kendall with whom I had business, he called me by my name, whereat M. Nosworthy asked, whether I were that M. Ligon that was acquainted with sir Henry Killigrew, (who was then become a Knight) he answered that I was the same man; with that M. Nosworthy turned him about, and addrest him to me, and asked whether I did not know what sir Henry Killigrew had done for me, I desired him to tell what it was: with that he spoke very earnestly to me, and said that he had made over all his whole estate to me; I desired him to tell me some particulars, and where, or in whose hands, the deeds were, by which I might claim the estate so made over to me: and as Nosworthy had opened his mouth, with a fixt countenance upon me, to tell the whole matter, M. Kendall that knew well Mistresse Berkeleys intent was to defraud me of the state, gave him a private interruption, and upon that he made a sudden stop, changed his countenance, took in his voice, and spoke not a word more, and so they remained both out of countenance, by which I perceived a self-guiltiness in M. Kendall, and so after a little stay I took leave and departed.
After this sir William Killigrew came to me, and shewed me a letter from his cousen Jane Berkeley to him, to entreat a favour of me, which was to make over a trust made to me by sir Henry Killigrew in his life time; I promised to go and speak with her when he pleased: and so when sir William appointed me, I went with him to her lodging at westminster, where she spake to me to that purpose; But I gave her a flat denial, for [Page 5]these reasons, that I was ingaged in 1500 l. principall money, for the onely debt of the said sir Henry Killigrew, and I told her that I did assure my self that the said sir Henry Killigrew had made over his estate to me for satisfaction of those debts, and formy indempnity, and till these were discharged, I had no reason to make over any trust. Whereupon she grew angry, & said that if she had known my minde sooner, she would have compelled me in Chancery. To which I replied, that if she could compell me in Chancery, I must in obedience to that power do what they commanded, but till then I would not do it.
In this angry fit I left her, and came away with sir William Killigrew, who as we returned homeward to the Savoy commended much my temper and calmeness, that could endure such language as she gave me without returning an angry word. And as we past along, sir William Killigrew asked whether it were not better for me to make over this trust, (provided his cousen Berkeley would pay one pressing debt of 300 l.) then standing out, to be lyable to the whole debt, and that he as a friend advised me to do it: upon which speech of his, we made a stop, (under one of the Arches between White-Hall and Westminster) and turned about towards Westminster again. But before we had gone many steps, I considered that if that debt were discharged, others would come in their turns, which were as just and fit to be paid as that, and that it was unjust in me to slight them, though the other were more pressing at present. And so fac'd about again toward the Savoy, and from that time Mistresse Berkeley and I kept a distance.
Not long after this, I met with M. Nosworthy, (who was now come to be of Mistresse Berkeleys party, and had bought part of the Manor of her at very easie rates) in the company of one Mistresse Yarner, who had business with him about a Statute of 500 l. upon the Manor of Laurack, whom Mistresse Berkeley referred to this Nosworthy; In whose presence [Page 6] Nosworthy began to slight my claim to sir Henry Killigrews estate, at which I put him in mind of what he said in the presence of M. Kendall, whereat he softly replyed, you must not mention that.
About this time and long before, sir William Killigrew and I lodged together in his mothers (my Lady Staffords) house in the Savoy, where he had all opportunities with me to work his ends, for his cousen Berkeley, and himself; for tis evident that his share weng along in the adventure, and if they could by joining together, defeate me of this estate, they would divide it between them, for without sir William Killigrews help, she was hopeless to prevail, and by his assistance, almost assured; He having a prevalent power, and command over me, and all opportunities to work his ends, knowing my poverty to be such as he needed no other security, and he at that time owing me 52 l. would not pay any part of it, lest I should commence a suit in Chancery against his beloved cousen Berkeley.
I observed him in all his conversation with me, exceeding wary how he let fall the least word that toucht upon his cousen Berkeleys business, for fear I should take any hint from that, to come to the knowledge of any thing she was then putting in act; And very inquisitive to know any thing of my intention, which way I would proceed against her; and hearing me once say that if I had money I would exhibite a Bill in Chancery to compell her to bring forth the Deed, which she called a Trust: But finding that I had such an intention, would not pay me any part of my 52 l. though it were a crying debt, and had been long due; but still counterfeited want of money, though I saw him wastfully spend and trifle away great sums of money in useless things.
In this low and necessitous condition I remained in my Lady Staffords house, for divers moneths: about the middle of August 1652. my Lady Stafford being then at Greenwich, and having given order for breaking up house-keeping at the Savoy, [Page 7]I was then exposed to an uncertain condition for my diet, being utterly unprovided of money.
This necessitous time, sir William Killigrew takes to tempt me in, and in as smooth language as he could utter, told me that his cousen Jane Berkeley was sorry that there was such distance between us, and that he found her willing to a friendly agreement, and to right all differences that had formerly past, if I were willing to it, and that she was now going a pleasant journey into the Countrey, to see her new purchst estate in Hamp-shire, and from thence into Wilt-shire to Mistesse Ayliffs house; there to remain, till the Terme. And Mistresse Ayliffe was to begin the journey with them, who was then in London, And three or four days after this overture, Mistresse Ayliffe came to sir William Killigrews lodging, where I was invited by sir William, And upon our first acquaintance, I found her very complay sant and friendly to me, which was the first motive that induc't me to hearken to this journey; but for all this, gave sir William a flat denial; for I did assure my self, the intent of the journey was to betray me to some great mischief. Which they had formerly tried in a rigid way, but finding that to fail, were now resolved to make the experiment in a smoother: but all this could not prevail with me, to give my consent to go this journey; whereupon sir Williams came on and gave me a second temptation, telling me that Mistresse Ayliffe was a widow of a plentifull fortune, living alone and would be glad of one for a companion, upon whom there might be no scandall, and that I being an old man, not likely to give any, she would sooner admit of me then any other; by reason our dispositions sorted so well together upon our first acquaintance; our humors being much inclined to Musique, painting, and such like arts, we should be the better company to one another: all this did not move me to give my assent to go the journey, but still held out, assuring my self, that though these pleasures were strewed in my way, yet there was [Page 8]a snare laid for me to fall into, and therefore gave him a downright denial: whereupon he seemed much troubled and vext, that his smooth language could work no further upon me, and therefore tried a rougher way, and as he thought would concern me nearer; and wisht me not to persist in so froward and perverse a humor, which he doubted would shortly render me ridiculous to all companies, if it were known that I slighted such offers as these, especially coming from my best friends, and in time when I wanted bread.
These hard pressures, having so much truth in them as concerned my poverty, caused me to give some ear to what he so vehemently perswaded, and knowing that it was in mine own power to deny any thing they could offer concerning making over the trust, I began a little to incline to the motion, which his accustomed power of perswading and prevailing had often and frequently led me on formerly; I seemed to give my consent; but told him in how unsuitable a condition I was to wait on Ladies, that had not a peny in my purse, and that I had paid 20 s. aforhand for my lodging for a quarters rent, which would be lost if I went this journey. Whereupon he told me that I should not need to take care for any money, for my charge should be born, and for the 20 s. I should have it of him, and so delivered me presently 20 s. and the next day brought me five pounds from his cousen Berkeley, to fit me out for the journey; (but at my return to London, and that the business was done for which he betrayed me out of Town) he took away the 20 s. by way of discompt, and did his endevour to take away the five pound, by the like discompt with his cousen Berkeley in the price of a Picture which was agreed on before we went the journey, though she had received thanks for it as a gratuity.
After this, Mistresse Ayliffe came again to sir William Killigrews lodging, and upon our second meeting, made good what sir William Killigrew had promised touching my living with [Page 9]her, upon which I resolved to go the journey, assuring my self that without my own consent, they could work none of their ends upon me.
When we had past a fortnight in the journey, and I heard no word of making over the trust, I thought I would offer somewhat to them, to try how they would resent it; and told Sir William Killigrew in private, that when he saw it convenient, to let his cousen Barkeley know, that I was very willing to do her any lawfull accommodation in the business between us, provided that I might do it safely, without injuring the creditors or my self; and whereas she had two worthy gentlemen of her counsell, Sir George Parry for the Civill Law, and M. Merifeild for the Common Law, men of whom I had a strong confidence, would do nothing contrary to Law or conscience, I desired if she pleased, when we came to London, that the deeds might be put into their hands, and what they thought in honour, and honesty fit to do, I would be bound up by their Act.
When I had acquainted Sir William with this, and wisht him to communicate it to his cousen Berkeley when he thought fit, there came a letter from London, which gave them to understand, that Master Parsons a Counsellor, and a man upon whom Mistress Berkeley much relied, both for counsell and craft in her business, which required both in a high measure, in whose hands at that time were many of her writings, they were both (contrary to their expectation) hurried towards London, who meant not to have parted with me, till the time had been elapst, for which they carried me out of Town, (being the time in which I was to put in my claim to the estate that was Sir Henry Killigrewes,) of which Act of Parliament, I was then utterly ignorant; and so they left me behinde with Mistress Ayliffe, at her house in Wiltshire, where I stayed five dayes, and from thence went into Somersetshire to see some friends, where I stayed till the end of October; and there received [Page 10]letters from Sir William Killigrew, to keep me at Sir Henry Berkeleys where I was, for there was no business for me at London, but the truth was, he feared I should make my return to London before the time limited in the Act was expired.
About the end of October I returned to London, and the next day after I went to Mistress Berkeley, to know her pleasure concerning the proposall I made to Sir William Killigrew in the journey, whereupon she seemed well pleased, and desired me to invite Sir George Parry, and M. Merifeild to come and dine with her at her lodgings at westminster: which accordingly I did; and when dinner was ended, I expected the writings to be shewed to these Gentlemen, but perceiving her not to go about it, I asked her what she meant to do in the businefs for which these Gentlemen were sent for; she winkt up on me, and answered, Come, come, you and I must joyn together to defeat the Parliament; and so sent away Sir George Parry, and Master Merifeild, without doing any thing at all.
A little after this, Sir William Killigrew told me that Master Nosworthy desired to speak with me; I asked what the business was, he answered that it was to attest a Deed which I had formerly signed and sealed to Mistress Berkeleys use, for 200 l. per annum during her life, and that I was to do it before the Committee of Obstructions at Worcester house.
I told him that I had once already been before a Committee at the instance of Mistress Berkeley, to attest a Deed to the same purpose, and desired to know why it was to be done again; he told me that Master Nosworthy would give me the reason when I came to him. The next day Sir William sent me a note from Nosworthy, which appointed me to come to him at his lodging at an houre prefixt; which accordingly I did, but found him not within; so I was appointed to come the day following.
I knew very well that Nosworthy sought all advantages to undermine me in the carriage of this business; and therefore [Page 11]thought good not to go alone, but brought along with me one Master Jepson Towers, Clerk of the Warrants to my Lord chief Justice Rolls, who had often importuned Mistress Berkeley and me for a debt of 300 l. due to a friend of his from Sir Henry Killigrew for which I was bound; but Mistress Berkeley as she had made her self owner of the estate, was lyable in conscience to pay the debt, the Creditor being a very poor widow, ready to starve. This Master Towers I perceived to have a suspicion, that Mistress Berkeley and I, were combin'd together, to defraud poor Creditors of their just debts, and I thought I could not give him a better assurance of my integrity, then to call him to this meeting, partly to give his advice in the business (which I was totally ignorant of) as also to be a witness of what Nosworthy would have me to do.
When we came into his lodging, we found a young man in his company, which seemed to be a sollicitor in the business by the manner of his speech, both then and afterward as shall appear; Nosworthy then addressing him to me, told me that the cause of his sending for me was, to go with him to Worcester house, to attest a Deed made to Mistress Jane Berkeley, by one Master Roberts and my self; I desired him to shew it me, which he presently did; and as soon as I had hold of it, I called Master Towers to me, (who till then stood aloof as a stranger to the business,) and we both lookt upon it, with more curiosity then Master Nosworthy was desious we should, as we perceived by his countenance and manner of speech.
But I little heeded to what he did or said, but looked earnestly upon the Deed, which seemed old, rather by some art used to it, then by time or long keeping; the seal defac't so as no impression to be seen, the hand differing from mine, and not written with that freeness that originals have; rather like a Copy then an Originall, but indifferently well counterfeited, which is a very easie thing to do, for a good penman. Nosworthy being much troubled at our strict perusall of the Deed, [Page 12]grew impatient and loud in his language, and told me that I was blockish, and doltish, and that I foold my self, to think that Sir Henry Killigrew made over his estate to me any otherwise then in trust, and that it was a Trust, and no reall Deed to my use; and if I had a reall interest, I had lost it for not putting in my claim in time; and that I suffered my self to be carried out of Town, to go a fine journey with Ladies, when I should have attended my business in London.
But yet there was a help left for me, if I would seal to such a Deed as he would contrive for me, which I slighted, and so Master Towers and I came away, leaving him to chafe himself in his own lodging, and as we came together, I told Master Towers, that I was confident the Deed was counterfeited, for the reasons I have named; and when we parted with him, he gave us leave to depart, without desiring me to attest the Deed, which was the onely business I was sent for; which argued a self-guiltiness in him, that the Deed was not right. Besides, Master Roberts was a man that I never had seen, and to be joyned with a man in such a conveyance that I had no acquaintance with, seem'd to me impossible. And Master Towers when he had considered, and weighed the strange extravagant and causeless distempers of the man, became a little doubtfull. But when next I saw Sir William Killigrew, I found him very much troubled that I brought Towers to be a witness of this passage, and told me that his cousen Jane Berkeley wondred that I would bring a Creditor to be a witness of any passages between us; and I perceived they were both sufficiently troubled and vext that I had a witness of any business that-had past between us, which till that time they were very carefull to have me alone in all their business with me.
A day or two after this I went in the morning early, hoping to finde Nosworthy alone, with intention to call [Page 13]him to account for the rude language he had given me, and finding him within, told him my business was for satisfaction, for the uncivill deportment he used to me at my last being at his lodging, and that I came there provided with a sword to call him out; but the name of a sword caused him to fall to so flat an humbleness, as I was ashamed to see him, and denied that he gave me any uncivill language at all, and called the Clerk to witness, who was there at our former meeting, who being in the same fear, became of the same minde, and so in stead of giving other satisfaction then with hats off, and low cringes, beg'd that I would seal to 2 Deed which they had there ready for me; but that put me clean out of patience, and so in as rude a manner as I could, came out of the room, both them following me to the stayre foot, with their hats in their hands, begging that I would stay and drink, and seeing they could not prevaile with me, Nosworthy sneakt away, but the other followed me in the street ten houses off, perswading me to go back and seal this Deed, by which I might recover somewhat that I had lost for not putting in my claime, but I that knew well it was but a trap to catch me, refused to do it.
Another circumstance is, that Sir Henry Killigrew being a religious and conscionable Gentleman, and ever carefull of paying his debts, should not mention his debts in his Will, nor once use my name whom he knew well stood ingaged with him for fifteen hundred pound principall money, for which I have Counter-bonds to shew.
Another circumstance and a strong one is, that Mistress Berkeley coming before the Committee of Obstructions to claime 200 l. per annum, by a pretended [Page 14]Deed from one Master Roberts and my self, and finding that by the examination of certain witnesses the said Committee had proved that the said Master Roberts had no right unto any part of the estate that was the said Henry Killigrews: She then relyed onely upon my hand and seal, and pleaded that the said estate was made to me in trust by the said Henry Killigrew; So then the Committee asked where that Ligon was, and why he came not in to make good his claime; But rather then she would bring me in, or produce, or prove that trust, (being required thereunto by the said Committee,) she would lose her 200 l. a yeer; which she hath accordingly done, but hath caused divers other claimes to be put in, unto the said estate, and allowed by the said Committee.
If the estate had been left to Mistress Berkeley before the troubles in England, why did she not shew her Deed, and put in her claim, according to the Act? Or why does she not answer to my Bill in Chancery, and bring in the Deeds, by which her title may appear, but has suffered her self to be sued to a Writ of Rebellion?
Another circumstance is, that Mistress Berkeley being a Gentlewoman born of a noble family, of a great wit, and a high spirit, and one that knew well her own worth, pretending to a fortune of 20000 l. and upwards; why she should marry John Davis, a widower, a man in years, a father of many children, and a prisoner, unless it were to bring her out of those Intricacies and Mazes she had run her self, by his power with the old Parliament; and so cunningly they contrived this plot, (as I have heard) to have the greatest part of the Manor of Laurack claimed away by Roberts and [Page 15]others, that so little a part might remain to the Parliament, as might be fit for Master Davis to begge, as a reward for his service in Ireland; and they had brought their plot so well onward, as of a Manor ever valued at sixteen thousand pound, there remaines now to the Common-wealth of England, but the value of three thousand pound, and no man will purchase it at that rate. And when Master Davis had begged this remainder of the Parliament, the claimes made by Roberts and others should have reverted to him again, and that which his wife had sold in the beginning, and what he had begged in the end, should bring in the middle, which was concealed under fraudulent claimes, and the poor Creditors starved for want of bread, and I to whom the estate was made, lye and rot in prison for the debt of Sir Henry Killigrew.
Circumstances concerning Mris Ayliffe, to prove this combination and fraud between Sr William Killigrew and Mris Jane Berkeley, in cheating me of an estate left unto me by Sr Henry Killigrew for payment of his debts, for which I now lye in prison.
WHen Sir William Killigrew perceived that neither his sweet nor sowre perswasions could prevaile with me to go the journey, Mistress Ayliffe came again to his lodging, and upon our second meeting, made good what Sir William Killigrew had promised concerning my living with her, which was the main loadstone that drew me on to go this journey, for upon so small acquaintance I never loved any woman more; and so being all agreed, we took Coach the next day and went on our journey; and in our passage, I thought it was my part to speak such language to Mistress Ayliffe, as would best please her eares, and deliver my self a person fit for her conversation, that I might be the more acceptable to her.
Being at last arrived at Mistress Berkeleys house called East-How, which she purchast with mine, and the poor Creditors money, I was not forbidden any opportunities to testifie my service, and high affection to Mistress Ayliffe, which I could not diffemble coming really from my heart; and a time we took to walk out together into the fields, where finding a convenient feat to rest us on, we sat down and fell into a serious [Page 18]discourse of Marriage, and the happiness of that life, and it was her pleasure to speak this freely to me, that if she were to marry, she would rather choose a man of my age, then a younger; for that she found old men less subject to change, abler to give counsell; and in their loves were permanent and constant: I askt her then, if I found all these virtues which she so much commended in my self, why I might not make my addresses to her in that way; she told me that if my fortune were answerable to my person, there was no man she would choose before me: With that I told her 'twas true that I was at present under a cloud, my estate being taken from me by a Riot, but I doubted not, but it would shortly be resetled by the Parliament, and then it would be as good if not better then hers: which she seemed to be well satisfied in, having formerly been told both of the one and of the other, whereat she went on and said, that if I would settle that fortune upon her and her heires, she would marry me. I gave her my faithfull promise I would do it; with that she gave me her hand, and said, Upon that condition, I do here promise to marry you, our hands and hearts being joyned together. By this time Sir William Killigrew, who was at the distance of sight, was now come so neer as to hear us speak one to another, and then I told him that he was come in good time, to be witness to a contract, which had now past between Mistress Ayliffe and me, and so desired her before him to say what had past between us; she said that she had promised to marry me, upon condition I would settle my estate in Lincolne shire upon her and her heires, which I promised I would do, when she pleased; and so she pulled off her glove, and gave me her bare hand again, and before his face, and in his hearing, said the same words, to which I gave the same answer; and so the contract was performed the second time, and Sir William Killigrew said, he must witness this contract whensoever he was called: & so we walkt home together and staid the remainder of the day, onely Mistress Ayliffe and [Page 19]I had some time of privacy together, to talk further of the business, which gave me a firmer confirmation of her unalterable affection to me. In the evening Sir William took occasion to talk with me about this business, and asked me whether this passage between Mistress Ayliffe and me were in jest or earnest; I answered him that nothing could be more in earnest, for I had since we last parted, so strong a confirmation of her faith and affection as nothing could be more binding: this I delivered to him as a secret to a bosome friend, which he betrayed to his cousen Berkeley after supper, but in the evening, Candles being lighted, we were all four in the Parler together, where Mistress Ayliffe began to thrust forth some words of high affection to me; whereat Mistress Berkeley took exception, and askt her what she meant to be so much in earnest; with that Mistress Ayliffe replied in these words, Have you ever seen me do this to any man before if not, you may be sure tis in earnest: this was a little before supper, Mistress Berkeley all this time knowing nothing of the former passages.
Next morning Sir William Killigrew took me aside, and told me that I was certainly mistaken, to think that the contract between Mistress Ayliffe and me was in earnest, for I should perceive by her demeanure towards me, when we came together, that I was much deceived, and wisht me not to use such familiarities to her as formerly I had done, for they were things she would not suffer. When I perceived this abominable treachery in him, and that he and his cousen Berkeley had an intention to ruine me in the opinion of Mistress Ayliffe, I hasted to speak with her, to see what kind of face she would put on to receive me; and when I came into her presence, found her so changed in her countenance, as I did not think one night could have made such an alteration; by which I perceived how ill a night she had, and how sharply she had been reproved for setting her affection upon so odious a person as no doubt they made me appear to be: which grieved me extremely, [Page 20]to see the sweet Lady, whose disposition was full of mirth and jollity, to sit now in so melancholick a posture, as hardly to afford a word; and as we were sitting together, one gazing upon another, Sir William Killigrew comes in, and there foames out a speech to this purpose, glancing upon my unworthiness, that being trusted in their company with a person of quality, and their friend, should be so treacherous as to attempt to gain the affection of a person much too worthy for me: which speech of his (had not the remembrance of his Father and Grandfather whom I highly honoured, come fresh into my memory) had caus'd me to have done some sudden act of violence upon him, so treacherous and so false did this Monster appear before me.
What language these two persons used to reproach and poyson me in the opinion of Mistress Ayliffe, may easily be guess't, for Sir William told me the next day, that she told him, she loathed me above all men. But I saw plainly the power they had over this poor Lady, and therefore thought good not to press the business any further; for what affection soever I could perswade, they would instantly destroy, and so the sweet Lady sawed in pieces between us, whose quiet and happy enjoyment of her self I valued above my own life, and so I thought fit to let the business cool for a while, till a more convenient opportunity should happen. Four or five dayes did Mistress Ayliffe retain her severe countenance, but at last seeing me carry my self in so equall and indifferent a way, as I seemed to do, she cleered up her countenance again and became good company. But Mistress Berkeley with a scornfull look like jest, was pleased to tell me in earnest, that I deceived my self, to aime at such great heights as these, my part being to see good sauce made, and the meat well drest in the Kitchin: these fromps and scoffs I was compelled to bear, having no meanes to free my self of their company.
Some dayes more we past at East-How, and then to Green-ham [Page 21]to Mistress Ayliffes house, where after three or four dayes stay, the newes came of Mr Parsons his death, which caused them to hast for London, with a double passion, sorrow and fear, sorrow for the losse of Mr Parsons, who was the main frost naile in their slippery business, and fear to leave me behinde alone with Mistress Ayliffe, lest I should replant that affection in her, which they had blasted with their breaths; but so much they had changed the soyle where my affections grew, as with the best manurings and husbandry of service and language, I could use, I found little or no fruit to spring up of that kinde which I thought I had planted deeply in her heart. Yet no civilities were wanting, but so mixt with strangeness, as the one seemed but to procure pardon for the other.
The next day after the disturbers of our peace were departed, I perceived the table in the Parler to be thrust up to one corner of the room, and another brought in, of three yards long, but very narrow, which being covered a little before dinner time with a linen cloth, there was laid at the upper end, a trencher and a napkin, and a while after, another at the lower end, and when meat was set on the table, she sate down, and pointed me to the lower end: where with as much respect as she seemed to look for, I sate down, being then three full yards asunder, and the better to keep us at a distance, her Gentlewoman had a stool plac't in the middle between us, of one side of the table, who seemed to be the stickler between my humility and her scorn; yet at other times she would let fall some favours upon me, that became her first professions. Between this fire and frost, I linger'd out four dayes, and then took my leave, and went into Somerset-shire, where I remained with some good friends till the end of October. And when I came to London, went to see Mistress Berkeley, who told me she had an intent to go and keep her Christmas with Mistress Ayliffe; to whom jestingly I said, I hope you will ask me leave first.
Whereat she took a little check, and askt whether I durst fight with a yong man that pretended an earlier interest in my Mistress then I; but I gave her an answer fit for such a question, and after a while took my leave, and a little after was arrested, and cast in prison for a debt of his, whose fortune she enjoyed, and considered neither his debts, nor my imprisonment, but took her pleasure in all. But between Mistress Ayliffe and me, there past many kinde Letters, and some of them intercepted by them or their Agents, which begat new jealousies. So that Sir William Killigrew came to me in the prison, and told me that Captain Berkeley meant to fight with me, for making love to Mistress Ayliffe. This I knew to be a meer fab, to try whether I could be awed by these threats. But I that knew Captain Berkeley to be my friend, and no such word to come from him, slighted the others fraud, as a thing incident to his nature; and as he was a cunning subtill man, nothing sorted better to his purpose, then to stave me off from Mistress Ayliffe; for if I gained her love, so as to take me for her husband, I should be able to appear above Hatches and call him and his cousen Berkeley to account for their most inhumane, and unchristian dealing with me; besides, Mistress Ayliffe having lived long with Mistress Berkeley, and being able to say much of the practises and passages between them and their agents concerning the carriage of this business against me, could not but lay them open in all their base designes, and repair me in the wrongs I had so long suffered. This was in the time when Mris Berkeleys Feasts, and her now husband Mr Davis his interests could carry any thing with the old Parliament, but the tide being now turned, and a new power set up, who I hope intend nothing more then by their just proceedings to relieve the oppressed, and punish the cruelties, frauds, and tyrannies of the oppressour, they found themselves deserted of their succours, and therefore must practise some new stratagem upon me, whom they conceive to be so broken and dejected [Page 23]with want and imprisonment, as hardly to lift my self up to discern their ayery practises, which they intended to put in act upon me, and so the same hook that had formerly taken me, should be cast in with the same bait to tempt me. And in August last, Mris Ayliffe came to town, and so consequently to the prison to visit me, with as great kindnesse as was possible for any woman to shew to him she loved best, and brought in her company two persons of Honour, and Captain Berkley, whom she could not but know I esteemed very much, and sitting at the table with this company and some others, she burst out with the highest expressions of kindnesse that was possible, and said that she was come to town to redeem me out of prison, and to pawne body for body to fetch me out, and that she intended to carry me to her house at Greenham, there to remain with her, and Captain Berkley should be a witnesse how happily she and I should live together. This being so overacted, and Captain Berkley mute at the delivery, whom I had been told several wayes to be my Rival, made me presently apprehend it to be a design upon me, as shall appear by what was to follow, for Mris Ayliffe having past that complement, had yet somewhat more to say, which was the main top of the businesse, which she intended to deliver me in private, and as I waited on her over the Park to her boat, she imparted it to me, and it was this; that she had an earnest request to me, which I must not deny her, and after a little pawse, I promised I would deny her nothing that was in my power to grant; with that she desired that I would not prosecute Mris Davis any further then by my Bill in Chancery, I promised that if she would give me a speedy and a home answer there, I would not; but she gives me no answer at all, and therefore I am left at liberty. If this practice would have wrought upon me, I should no doubt have been bayld out of prison, and carried down to Mris Ayliffes house, and so to have utterly quit my businesse which I am to move before the Judges at Salters [Page 24]Hall, and slighted the Creditors whom by all means I desire to have satisfied, though with much trouble and paine to my self, and when the time had been clapst for negotiating their business, I should have been turned off, for a silly weak old man, and returned to the Prison with my debts upon me, and rendred a scorn to all good men.