An Answer to a printed Pamphlet called the Case of the Inhabitants of Croyden in the County of Surrey, Humbly offered to the Parliaments Judicious Consideration. TO all unconcerned persons who have known the people of Croyden, and time out of mind their un-Christian dealing with the Reverend Dr. Bernard (the last legal Incumbent, whom they Sequestered,) and all the rest of their Ministers, it might Suffice to say, their Uncharitable and inhuman Pamphlet is a Libel, but supposing it may be perused by Straingers, In general it will seem incredible to any Considerate man, that if he had been guilty of those Crimes they pretend, being all or most part alleged to be done by him above Ten Years since, that they had not (while in memory) convicted him of one of them, having many years used all means that Violent and Unreasonable men for their reverige, could possibly invent. And though he can patiently bear the malice of those who neither frequent Church or Sacraments, And who in several other Courts if their Oaths had been regarded, and by the mercy of God he had not falsified, would long since have ruined him. Yet for the Satisfaction of his Friends and impartial Persons who desire to be further undeceived, it's answered, That Mr. Whitford was by some of the late Powers sequestered from his Living, And one Mr. Seymor by his Consent put into the same, who by the Consent of the said Mr. Whitford resigned it to Dr. Clewer and by agreement the Dr. did allow him 20 l. per Ann. though by the rules of the then Powers he was not liable to pay any thing in regard he had a Temporal Estate▪ and no Child, and the living was worth but about 80 l. per Annum. As to the Allegations relating to Mr. Preston, the Dr. found him there, and did never refine him for his Curate, but the said Mr. Preston (taking advantage of his absence) did of his own accord then officiate as Curate, but the Major of Northampton adjudged him to be of a Scandelous life, and convicted him of Drunkeness for which he paid his Fine, and the Dr. being threatened to be Sequestered if he employed him, did forbid him, But contrary thereunto there being a Chapel of ease belonging to the Church: He did Voluntarily officiate there, And after Commenced several suits against the Dr. under Colour of Wages; But the Dr. was never Plantive against him in any Suit▪ nor prosecuted him for reading Common Prayer, The Dr. in those times so far as it was safe for him frequently using the form thereof, in Baptisms and otherwise, particularly Mr. How a Minister's Child of Chessamboys in the County of Bucks, Sir Tobee Terryl, and Mr. King being Godfathers. As to the Articles therein pretended to be preferred against him as Minister of Ashton, which must be above 20 Years since, the Dr. neither knows or remembers them, and it's very sttrange if it should be true that the Authors of that Libellous Pamphlet were not acquainted when, and to whom they were exhibited, but if they had been as much lovers of truth as Calumny they would have also inserted, That a parcel of Articles exhibited against him to the Committee for Plundered ministers, the Principal Charges whereof were, for neglecting to keep public fasts, thanksgivings, and other Contempts of the then Authorities, And afterwards, the Dr. being in a possibility of obtaining a better benefice, viz. A Rectory of 160 l. per Annum, Another Complaint was made against him to the then Lord Fleetwood for praying in public for the King, which hindered him of that intended Promotion; And that he did so pray for his Majesty, And at that time when it was treason to do it, He hath very good proof; But as to the particular charges in those Articles by the Pamphleter, the Dr. is not guilty of any of them, but is able (if though fit after so long a time) to make it evidently appear he never Commenced any suit against any one there but upon very just and great provocation, and the law was always for him. As to the Charges against his life and Conversation, The First is a Notorious falsehood. The Second is the same, for he was lawfully Married to Mrs. Bernard, and so lived together for above 20 Years. The Third is also a false aspersion. To that Paragraph concerning his coming into Croyden, The Dr. left Ashton about a Year before his Majesty's happy Restaration, and never used any manner of Sinister means for the obtaining of Croyden, nor made any such promise as therein is charged. That the Dr. was in the Year 60 Presented to the Vicarage of Croyden which is 30 miles in Compass, consists of about 600 Householders, 3000 Communicants, and worth about 200 l. per Annum, Yet the Dr. for the Two first years he lived there (depending on the People's Charity) could not receive besides what some of the Gentry gave him (whose Tithes were very inconsiderable) above 5 l. per Annum: And he being unwilling to sue his Parishioners let all his Tithes (excepting the Gentry) to one Mr. Wood for 60 l. per Annum, who by reason of their Contention was in 3 years' time 60 l. in arrears of the said Rent, afterwards the Dr. let the same to George Plaw Senior (the greatest farmer in the Parish) at the same Rent, who (repenting his bargain) would not seal the Leases, but engaged several of his Friends (to persuade the Dr. to discharge him of it, saying the Parishioners would not pay him without trouble, and to sue them would ruin him● Afterwards John Blake Junior offered to take them at the said rate, and entered into an agreement with the Dr. to seal the Leases within a fortnight after, who notwithstanding did refuse to do the same for the reason aforesaid, than the Dr. desired the Parishioners to make him 60 l. per Annum, among themselves, and rate it according to the poors Book, where upon several of the Gentry meeting the vestry, and chose some of the Parishioners to make the said rate, but his Adversaries refused to stand to it, whereupon the Gentry advised him to sue them, He having often demanded his Tithes of them by sending to every man a printed Ticket in this form, A B. I desire you to pay your deuce in arrears to prevent charges and trouble to me, William Clewer. And many of them being above Seven years in Arrears, and he (having no other preferment) was at last necessitated lest he and his Family should have starved (as some of his predecessors almost were,) to sue several of them, Thereupon they first exhibited Articles against him in the Spiritual Court, the principal whereof was, That he did not within Two months after Induction read the 39 Articles, and got Four Witnesses to prove it, viz. Robert Wood Taylor, Thomas Brigstock Husbandman, William Turlo Gardner, and William Cumber Parish-Clerk, the three first Swore he did not to the best of their Remembrance, but the Clerk Swore positively that he never read them till three years after he was Inducted, but the Dr. produced Mr. Sherman, the Churchwardens, and several other Credible Witnesses, and likewise a Certificate under the Clerks own hand, (which Mr. Pynsent one of his Majesty's Protonotories proved his Confession of,) That the Dr. read them within a fortnight after Induction, so that upon a full hearing he was acquitted by Sir Gyles Sweit then Dean of the Arches, who gave him Costs for the same. Secondly, They Indicted him at the Sessions for not reading the Act against Swearing, where the Justices fined him but Sixpence, they being Satisfied it was a Malicious prosecution. Thirdly, They Indicted him for taking money at the Sacrament, and converting it to his own use, which he traversed, but none would appear against him, and so was discharged by Proclamation. Fourthly, In Easter-Term 24th Caroli Secundi they preferred an Information against him for Barratry in the Kings-Bench, (though he never sued but one Person for any thing but Tithes) to which he pleaded. And in Trinity-Term following they moved for a Trial at Bar, but upon hearing Council on both sides, and long debate, it was denied, and expressly Ordered that it should be tried at the Assizes in the long Vacation, where the Dr. attended with his Witnesses but they would not go on, than the day before Michaelmass-Term 24th the Dr. giving them notice he would try it by Proviso the next Assizes, they moved for a trial at Bar, which (being done by the Kings-Councell) could not be denied, and therefore granted accordingly, and set up one William Rolfe (a poor fellow, a Bailiffs follower) as Prosecutor, declaring they knew they could not prove it, but they would do it to disgrace him, and put him to greater charge, and they put up Scandalous Papers against him in Croyden at the Market-House and caused the Common-Cryer on a Market, day to make this Proclamation, O yes, All manner of Persons who have any thing to say against Dr. Clewer, or have paid him any Tithes, are desired to repair to the Sign of the Herne, and they shall have thanks for their pains, and so God save the King. One Richard Heighden (a Bailiff) was the Master of that Alehouse, who went up and down the Parish to inquire what every one gave the Dr. viz. To one Mr. Russel Alsop, Mr. Edmund Gilpin, and Mr. Henry Piggot, who refusing to satisfy him therein, he there upon warned Mr. Alsop to serve on the Grand Jury at the next Assizes held at Kingston in Surrey, and the said Mr. Edmund Gilpin (being then about 67 years of age,) to serve on the Jury for Life and Death, and the said Mr. Piggot being above 60 years of age to serve on the Jury of Nisi prius. There was a rule of Court, That they should give the Dr. a note of Particulars, and name an able Prosecutor which not being done, (though often demanded) Mr. Attorney General entered a Noli Prosequi. That the Dr. never made any such agreement as is pretended, with Mr. Bickeeton, or gave him any note for the payment of 10 l. That they presented a paper of greivances to his Grace of Canterbury (too long here to be inserted) unto which the Dr. gave such an answer that the Libelers thought good not to mention them. Being dismissed at Lambeth, they petitioned his Majesty in Council where they exhibited some Articles purporting the same in the Libel, who ordered them to give the Dr. a particular of their Charge, which they never did, Yet brought up their Witnesses which were then heard, and the Dr. was promised another day to give in his answer, but instead thereof the whole matter was referred to his Grace of Canterbury, and the Lord Chancellor to call before them the Dr. and the principal of the Parish to settle a quiet maintenance for the Vicaer there, which if their Lordships could not effect, to report what was fit for his Majesty to do therein. Upon which Order they caused the Belis to ring, and Bonfires to be made at Croyden, giving out in Speeches, That the King should say the Dr. was not fit to Preach, nor should he any more, and that they had turned him out of his Living, and caused the common Crier to make O yes, That if any Person should pay the Dr any more tithes, they should be hanged. As to that which concerns the Act of Grace, it's an aspersion that none but such Scandalous Pamphleteers durst have taken upon them. At their Oaths at Council Table those which the Dr. answered upon the Reference to his Grace and the Lord Chancellor are omitted, the rest they (supposing the Dr. could not disprove) have misreported, though what was thee-Sworne maliciously by interested Persons, (either those who were indebted to him, or whom had sued for Tithes,) is answered as follows. Edward Humphrey gave evidence he gave the Dr. four shillings to help him into the Almshouse. For answer hereunto, he was really indebted to the Dr. 7 l. for Security whereof be entered in a Judgement by consent aboate a year before he came into the Alme-House, and about half a year after he was in, the Governors ordered him to pay the Dr. 4 shillings which is all be ever paid of the said 7 l. to this day, nor did he help him in, or turn him out. To the Second, That Sir Gyles Sweit late Deane of the Arches declared to the Churchwardens that the third part of the money collected at the Sect was the Viccars right, as appears by their Certificate, yet he neves Converted it to his own use, but did always dispose of it among the poor, though one of the Doctor's prose●utors would have had one of the Churchwardens to have Sworn it, who telling him he could not, he Swore it himself. To the Third, That M. Benjamin Preston, (the aforesaid Mr. Prestons' Son) did about● 13 years since come to the Doctor's House to demand money of him for his Father's officiating for him in Northamptonshire, the Dr. refused to pay him having never employed his Father, or owed him any thing, but neither sent for him, or arrested him. To the Fourth, That nothing of that was proved, as is falsely alleged, and that Person whom they pretend was the Doctor's special Bailiff, and burnt in the hand, they produced upon a bearing in the Common Pleas as a Witness for them, and that they never brought any to the Doctor's House but upon their own request, nor was ever any kept Prisoner, or drawn into any Judgements in stead of pretended Notes, which the Dr. wonders they could have the confidence to affirm when it was manifestly debated in Westminster-Hall for many days, where the Judges not only confirmed the Judgement which was greatly complained of, but gave the Dr. costs for his unjust Vexation, The Court declaring he had done nothing but what became an honest man and a good Christian. And they Sufficiently show their malice in that they do not only slander the Dr. in his reputation, but all other persons that appear for him, To the Fifth, The Libeler was much mistaken in this proof, One Swore indeed that one of the D●ctors Subpoenaes' was razed, but could not tell any of the Names that were in the same, whereas they are legible and free from masures, and if any such were, they should have complained of it in the Court of Exchequer, which they never did. Nor was there a word of the Warrant proved, only William Rolfe Swore that the Dr. took seven shillings and six pence for a Subpoena, but could not name any but one David Burnel who is Dead, but he denies he took it, but hath several times forgiven them all Charges, and sometimes hath taken 1 s. or 1 s. 6 d. and many times the debt too, the Dr. was a very honest man in the said Rolfes esteem till he employed another, and then he said he would be revenged of him. It was also Sworn by Timothy Hills (a violent Prosecutor of the Dr.) That the Church doors were shut up for a month together while he was at London minding his Law, whereas the truth is, the Dr. was never at London, or from his Parish a month, nor a fortnight together since he was Vicar of Croyden, till he broke his Leg, Nor absent 13 Sundays these 13 years, and always when he was, took care that his place might be supplied with prayers and preaching. To the Sixth, He never sued any man but one, for any other cause but Tithes, though be hath had above an 100 causes of Actions of Trespass against several Persons, for their Cattle coming into his Orchard and Garden Yet he never brought any Action against any one of them. To the Seaventh, A Carrier being hired to bring the Doctor's goods to London, a large Desk of his was broken open, and several things Of value lost out of is, with a Bond and other Writings, which occasioned him a suit in Chancery to his very great Damage, He never sued for 190 l. pretended to be in the Desk, not hath any Satisfaction for his Goods and Writings to this day. To the Eighth, It was not Sworn as the Libeler allegeth. Nor did he ever hear any before pretended he spoiled the School; Indeed one Swore Rents were much fallen, wherein he did (as in other things) a little stretch his Conscience, they being so far from falling, that those farms which were formerly let for Thirty, are now let for above 40 l. per Annum. And as for the other Branch of that Article, the aforesaid Hills Swore, That when the Dr. preached there was not above 60 People at Church, which the Libeler hath reduced to 10 or 12, but in the Afternoon when any body else preached there were 3 or 400, which is now enlarged to 6 7 or 800, Whereas the Parishioners have often declared their approbation of the Doctor's Ministry, and he seldom peeacheth to so few as 60 People, seldom fewer than 2 or 300, though there are several Meeting-houses in that Town, and frequently Seven or Eight score have received the Sacrament of the Doctor in one day. To the last, Mrs. Cooling (one of a known Reputation) Swore, That her Husband told her That the Doctor had advised him to be divorced from her, and offered himself to procure it: but it's denied that any such thing was advised, or offered by him, notwithstanding the Complaints he made to the Dr. which he forbears to mention. The Doctor understanding his Majesty had referred it to his Grace of Canterbury, and the late Lord Chancellor to hear his defence, he brought his Witnesses, and made out his Innocency so far as then their Lordships proceeded, but the Libelers would not endure any further answer, but brought other Persons to prove new matter never before pretended; But those Honourable Persons proposing a Separation which he hearty desired, and hoping for some provision by the way of Exchange, he waited for the same. That for the scandal of the Book, It was a Sufficient answer to say, That such persons as conceal felonies are as equally Criminal as the Party, and the Trepans of such Persons being notorious in the City, this was not otherwise, for that the Doctor about the year 60 being in a Booksellers shop in the Evening, and seeing one pass by whom he had business with, stepped out hastily to speak with him, no farther than the door, thereupon the Apprentice of the shop charged the Doctor as if he would have carried away the Book, hoping to have drawn him to a Composition, rather than such a thing should have been Questioned, but the Doctor (knowing his innocency) refused to be Trepanned, and is able by Persons of Quality to prove the Master was angry with his Servant, and expressed his sorrow for his abuse. And whereas the Libeler pretends the Doctor's Wife should pay money, He only asserts what those Sherks would have had, which if it had been true, had proved them guilty of Smothering Felonies, which the Doctor doth detest. The great thing against the Doctor that seemed to stick with the late Lord Chancellor was, That after several suits he did not try the modus Decimandi which was the only real Controversy between him and his Parishioners, and hein-forming his Lordship that he offered to try the Title with any of the Parish, and that be never waved it, but they refusing he could not try it, and they had 1● years time to enforce a Trial, which they never did, but one John Godden (another Prosecutor) pretending he offered to try it, the Dr. disproved him by declaring that in the Suit between them he pleaded an agreement in lieu of all Tithes, so that the modus could not come in Issue. But the Dr. did then deny (as true it is) That his Grace did ever direct him not to try it before the Lord Chief Baron, for that he would never have feared the Justice of that Worthy Person. And the Dr. having manifestly disproved by Honourable Persons many of the Scandals they had charged upon him before the King and Council; and being then ready to have cleared himself in all other particulars; and the Prosecutors (being conscious of it) betook themselves to their wont shifts to hinder the Dr. from being heard, and thereupon proposed to settle a certain maintenance of 160 l. per Annum, and upon that offer the business ceased: And the Dr. was unwilling further to trouble their Lordships, and so left the opportunity of further vindicating himself; the Crimes charged upon him (were they true, which God forbidden) being of such Antiquity, which alone had been a sufficient answer to any rational Man. The Dr. denies that he ever demanded any Tithes, while Woods Lease was in being, of any that were within his Lease. That he must ever acknowledge the Justice and Favour of the Right Honourable the late Lord Chancellor, who did offer him a Living in Northamptonshire; but he taking time to consider of it, was shortly after disabled by a fracture of his Leg to attend it, in which time that being disposed of, the Dr. waited several times after upon his Lordship to receive his Commands, but his Lordship did never offer or desire (though the Prosecutors urged it) that the Dr. should resign his Living before he had another, and hopes he never gave his Grace of Canterbury any cause to refuse him a Living; for if the Prosecutors would remember, his Grace took notice in the presence of the Lord Chancellor of their abuse in that they had lately presented several Articles against the Dr. to his Grace, who ordered him to give an Answer thereunto, which was done accordingly, but they dealt there with his Grace as in all other places, designing only to bespatter, and never to receive an answer, but waved his Grace, and clamoured in other places; and if true (as they pretend) that his Grace hath so bad an opinion of the Dr. he is still willing to refer himself to any determination of his Grace. Page 11. That the Libelers do well discover themselves in making their Judgements of the Providence of God by their own Christian assertion in the 13th page, which deserves no other Answer, but it's well known he had the Charitable assistance of several worthy persons. And for the Bonesetter, the Dr. offered him 5 l. only for his pains, having also paid his Apothecary his full Bill, and 5 l. to another Chirurgeon, whom he desired to attend, saying he could not; and fees to two other Surgeons, but denies he owed the Bonesetter any thing before, he being then an Apprentice to an Apothecary, and the D. satisfied his Master, and him too; and he (being as unreasonable as the Libelers) first demanding 100 l. and afterwards saying he would not abate any thing of 50 l. he caused the Bailiff to arrest the Dr. coming out of the Church on Sunday, who put in Bail to his Action, and afterwards (without pleading any privilege) offered to try it with him, (for several Surgeons said they would testify the render was sufficient) but he then readily accepted of the 5 l. and the Dr. long since had his general Release, and also gave full satisfaction to Mr. Weldon. Page 12. It appears by their own Libel (as the truth was) That Sir Adam Browne, and Sir William Howard were only to arbitrate Arrears of Tithes in difference, but not one word of any Report to be made by them, but since they were pleased to do it ex parte, and the Libelers have made such use of it, he supposeth it will not be unbecoming him to offer some Answer to it, which is, That though by writing he acquainted them, he hoped he should be able shortly to attend them, if they would please to appoint a meeting at the Vicarage House, for that he was not able to wait upon them any where else, without great prejudice; yet within a few days they sent for him to the George-Inn, where (being unable to go without Crutches) he did attend them till 10 of the Clock at Night, though to his great pain and indisposition, the Chirurgeon telling him it was enough to endanger the loss of his Limb: The rule they proceeded by in their Arbitration was, to give the Vicar a third part of the Tenth of their Rent, which was much to the Doctor's prejudice in many cases, particularly in one George Phillips, whose Tithes in kind came to a great deal more than was due by their Rule, yet he accepted of it, but some of the Parishioners where the Rule was against them, refused to pay what they determined: in particular Henry Ledgold who was Awarded by them to pay 30 s. but he told them he would spend 30 l. first; and John Aldridge, whose Tithes according to the said Rule came to 3 l. and the Dr. was persuaded by them to take 30 s. which is not paid to this day: And several others (knowing that the Rule was against them) would not appear; and most of their time was spent in persuading the Dr. to take less than his agreements, which though he conceived was not within the intention of the Reference, yet to gratify those persons (who had only power of Persuasion, none of Compulsion) he did agree unto; being willing at their Request, to take 4 l. of Thomas George, of the 11 l. which the Court gave him, and by 20 s. a Month, but not a penny of it (though the 4. Months are passed) is paid to this day; Remitting William Henderson 2 l. though he had good Security, Je●frey Matthew 3 l. David Hore 2 l. Thomas Barber about 1 l. and several others to the value of about 40 l. and all charges the Dr. was at in sueing several persons, and there being some who then made complaints, which he desired might have been heard, and that he might answer them, the Referrees utterly denied it, saying, it concerned not them, for that they only desired to make all Friends, and would not hear any thing but matter of Tithes, and therefore he (having no 〈◊〉 of the Report, nor hearing of any till it was given in) conceives not upon what ground the●e could be any evidence for that part of the Report, whereby he is charged to impose by any undue means, to draw any of the Inhabitants into Exorbitant Agreements, Penal Bills or Judgements, by Arresting or keeping them in duran●●● for that matter being seriously examined in a Court upon full evidenc●▪ where it properly belonged, the Dr. was acquitted of it, and did then offer the Referees to satisfy them in it, but they (as he understood by thorn) thought it not fit to ravel into it after that had been settled in a due course of Law, therefore the Dr. takes it as his great unhappiness, if that in the Libel be a true Copy, that they did not give him leave to satisfy them, which he doubts not to have done, and could still do, or any indifferent persons, notwithstanding the Malice of his Enemies; and whereas they conceive the Dr. in some measure hath been the occasion of the nonpayment of what was his just deuce, and for a ground of their belief, allege that every person before them willingly submitted to whatsoever they determined, the Dr. craves leave to put them in remembrance that their foundation was wholly mistaken; for that they cannot but call to mind, and he hath several Witnesses to prove that Ledgold aforesaid (to name no more) did peremptorily deny it; And besides there are many the Dr. never sued, who were, and still are, many years in Arrears, therefore could not (under their favour) be the Occasion of the Nonpayment of his Tithes, and doubtless the offence taken was occasioned by the insinuation of his inveterate Enemies, he never being heard in the reason that induced him to Sue them, which had they been acquainted with, they could not but have agreed the Dr. had good cause to Sue for his Deuce; and till the last Night of their Meeting he did not perceive they were dissatisfied in his proceed, and the Referrees (for what reason the Dr. knows not) could not possibly be prevailed with by him to meet either in the Vestry, or any other place, but in the only House in Town where all the mischief against him hath been contrived; Wherein the Dr. and his Agents having received many Affronts in the time of the reference and the Master of the House having formerly Articled against him in the Ecclesiastical Court, it was reason enough (had he been well) to have repaired to his own House after 12 of Clock at Night, there being no persons having any difference, who waited for any determination of it. As for Mr. joiner, The Dr. knows not the value of his Tithes, but a knowing Man in the Parish affirmed they were worth 10 l. per Annum, those years when he had 600 Sheep, etc. and as for the second party mentioned, the Dr. at the first meeting desired that concern might be proceeded upon; and another time supposing it would come on, brought Council in Order to it. And as for Bowyer the Dr. had no reason to refer that difference, a Wise and Prudent Person (and a Justice of the Peace in the said County) after much time spent, and hearing Witnesses on both sides, having made his Award therein, and Sir Adam Browne declaring his dislike thereof. The Dr, though there are now above 300 in Arrears, hath scarcely sued one of an 100, nor they, till several times summoned to pay, not so much yearly, as they spend weekly in an Ale house. And therefore who is most oppressed, and have most reason to supplicate the Honourable Court of Parliament, they who unjustly detain their Tithes, and many of them from a Principle that they are not due, or the Dr. who is necessitated for Bread, without which he and his Family must languish, or be forced to sue for such trifles, the profits of his Living arising out of no other payments but such small Tithes. The Dr. admires they should close their Libel with so false an invention as the pretended Debauchery at Newington, for he solemnly affirms, as in the presence God, Angels and Men, that there is not one syllable of it true, and he offers to execute that upon himself, which they unreasonably desire to be done, if by any Credible Witnesses they convict him of it. But this is like the rest of their un-christian deal; having lately again Cried him in Scorn in ●he Market place, and interrupted him in Divine Service, by publishing that as an Order of His Majesty and Council, which was never made by them. All which might have been justly answered in their own Language, or with personal recriminations, there being sufficient ground to do it, but they having in prosecution of their continued Malice towards the Dr. thus publicly blasted him in Print, it was thought fit to answer the Fact in particulars charged, to manifest to the Parliament, and satisfy the Christian Reader, what designs have been carried on to ruin him in his Reputation, knowing they could not otherwise hurt him. And as for their General Accusations, when reduced to particulars, he doubts not but to give them as full an answer. FINIS.