THE REPRESENTATION OF THE CASE OF Sir JOHN LENTHALL, Knight, IN HIS LATE SUFFERINGS.  
Printed in the Year, 2654.   

IF the life of man could be wafted on in his voyage of this World, with a constant Gale of happiness, we should love that too well, yet should be unhappy in this, that we should never be brought to a remembrance of ourselves and condition, nor to a due acknowledgement of that supreme power in whose hands we are, but as Chaff before the Wind, to whose just and wise will, we ought absolutely to resign ourselves, without murmuring or grudging. He draws light out of darkness, and consolations out of afflictions. His corrections are instructions, which lesson my troubles taught me, and my experience found in my late dark and sad condition, when my God was graciously pleased constantly to give me inward comfort in my unparalleled sufferings, when there was nothing but outward appearances of discomfort, there being risen up against me malicious and black mouthed adversaries formerly Prisoners, who were for their mutinous behaviour while they were in Prison, sent by the Judges to Newgate, whose false tongues were dipped in the Poison of Asps, and yet they received encouragement and countenance from Mr. Fountain, who (being advanced in his own thoughts to a high place) should have preferred Justice before partiality and self ends, yet were Heaven's dispensations so wisely disposed, that these fiery trials did purify my innocency, and make it appear as I hope brighter. Their prosecutions against me, were beyond measure, violent malicious and bloody. But their false accusations when they were filled, did only polish truth and made it more splendid. They belched out the foulest accusations that their own wicked imaginations could devise or invent, hoping thereby, to make me odious to all good and pious men: but their injustice could not obscure the Almighty's justice, the bright beams whereof dispersed the black Clouds of their hellish plots; and so displayed them to all men's eyes, and ears, that he hath clothed them with shame, and established (I trust) my innocency and credit with them that were Auditors and spectators.  
Their calumnies were very fierce (and that's the way which malice thinks the best to prevail) and they raised a triple accusation of a dangerous and horrid nature against me. First, the breach of public trust, which struck at my reputation and fortune. The second, that of delinquency, which strooke at my being in the Commonwealth, and the well being of my posterity. And the third, that grand one, of Murder, which did strike not only at my life in this world, but at my happiness in the world to come. Which accusations were most forcibly carried on, and injuriously countenanced.  
But because every man cannot possibly be satisfied of all particulars by general rumour and report, I thought it charity to them, and justice to myself, faithfully and impartially to set down all the passages of that cruel prosecution, which I shall do, with all the truth and modesty, that a just vindication will permit.  
If that malice which hath brought this affliction upon me, could have been contented with ordinary and legal prosecution; and if my estate and livelihood were the things only in question, and my good name not sullied with infamous & filchy slanders, I should in all probability rather patiently have sat down under my sufferings, then have been induced to lay open my condition unto the world. But since I cannot but be of opinion, that many persons both of worth and conscience, content to rest in the first representations, may by this means be brought to a just knowledge of the whole matter; and consequently be reduced to the moderation of doing what is but just, and that my good name (which to an honest man ought to be dearer than life) may be in some measure retrived; I could not but put down as well the true circumstances of my condition, as the violent and passionate proceed of my prosecutors against me.  
I have been these twenty three years together Marshal of the (King's Bench, now the) Upper Bench Prison, by Letters Patents under the great Seal of England, wherein, as I am inwardly satisfied to have behaved myself uprightly and legally, so till this storm overtook me, I hope it was without infamy or reproach. But it is the misfortune of such employments as mine, that we must necessarily in doing our Offices, raise up to ourselves Enemies. For it is so difficult, if not impossible, to carry ourselves even between Creditor & Debtor, that there is no avoiding or it, but one of them will be dissatisfied. For if the Debtor be either unruly, or unable to put in security, for his true imprisonment, & so kept safe, he strait crieth out of Restraint & hard usage; but if he put in security, & lie in the Rules, or legally go abroad about his occasions with a Keeper, then does the Creditor cry out of too much liberty, & it may be files a Bill for an Escape. So that let a man carry himself with all the care & circumspection which is possible, he shall be sure to meet with clamours & enemies; And these so much the more in regard that being persons either in low condition, or decayed fortunes, they account it somewhat either of ease or pleasure, to revile or vex those whom they look upon as the instruments of their misfortunes.  
After the dissolution of the former Parliament, than some persons did take upon them a power (by what authority or order I know not) to inquire into all matters concerning Prisons, and Keepers of Prisons, by virtue of whose power I was summoned to appear before them, which I obeyed. But it was a wonder to me (who had been a faithful servant to the Parliament in their most doubtful and difficult times, and who had been constantly in all their Commissions, and stuck to them throughout, when others declined them) to see Mr. Fountain in the Chair, one of the most active for the late King, and one by whose power and interest at Oxford, my place was given away, for disobeying a Warrant of the late Kings, dated the 23. of November 1643. for the discharge of William Cobb. Yet humbly submitting (as it was my duty) to the Authority over me, and withal weighing with myself the Right that all Governors have to call whom they please to their assistance; besides, hoping that Mr. Fountain had manifested unot them his hatred to his former principles and courses; I, with all the submission I could, prepared myself to give the best satisfaction that lay in my power unto that Committee.  
The General things they fell upon, were first, About the List of my Prisoners, a perfect and full Copy whereof I delivered in. Next, about the Extent and Liberty of the Rules of the Prison, by which means (as was alleged) there are many Escapes occasioned, and Creditors extremely delayed, if not absolutely defrauded. In answer to this, I only said, That the Prison house being so little, as that it is not able to contain a fourth part of the Prisoners, my Predecessors in their several times, and that always by permission and appointment of the Judges, used to lodge them (having first taken security for their true imprisonment) in the houses about, and that they call the Rules: which as it avoides a grand inconvenience (for otherwise every particular man must have a particular Keeper which were a charge to him unsupportable, or else the Marshal of the Prison were to maintain them, and so he should be a loser by his office) so it brings this great advantage and security to the Creditor, that the security being double the debt, it is thereby strengthened, and the Creditor in better probability to recover his own. For if any escape be made, I am liable to pay the debt, and upon recovery had against me at Law, I either resort to the security, or turn it over to the Creditor, by which means many have recovered their debts, which probably otherwise they had not done. But these bonds being of late doubted to be within the Stat. 23. H 6. (though ever before held good and so often adjudged) many have under this pretence escaped, or violently broke Prison; and thereby both defrauded the Creditors and occasioned great damages to be given against the Marshal.  
And although I have done nothing, but what by Law was formerly accustomed and justifiable, yet I desire a difference may be made, between voluntary and involuntary escapes; that is to say, escapes happening either by my granting too much liberty, or by negligence, or connivance; and those which in despite of the strength of the Prison, and the care and diligence of the watchmen, are oftentimes made by desperate Persons, groaning under their wants, and impatient of restraint: and therefore I appeal to all the Nation, whether there was yet ever any debt recovered against me for an escape, which I have not satisfied. And as I cannot be denied the liberty of a true English man, to make my best defence, when I am impleaded at Law, which in many cases plentifully relieves me, as 3. Edw. 1. Cap. 3.1. Edw. 2. Cap. 10. Bonitons' case Cook. 3. part. pa. 67. Ridg ewayes case, Cook. 3. Page. pa. 54. Wesbies' case. So if it can be proved that any escape hath been wilful in me, or that I ever took a penny of money for granting any illegal liberty, I shall be content to suffer all that which the malice of my adversaries would inflict upon me.  
Nor is it enough to say that the best and most considerable Prisoners should be put into the house, for so the more insolvent should be set at random, and their debts by this means become desperate: for the security of the others (besides their own reputation) renders them as safe in the Rules, as if they were close; and there is many a man that will rather be bound in a bond of 1000 l. for a man's true imprisonment, then be bound with him in a bond of 100 l. debt.  
But when they came to descend into particular matters, it was very strange to me, to see Mr. Fountain (more like a feed Lawyer, or an enraged enemy, than a sober Judge) afford so much countenance to all Petitions and complaints that came in against me, to stretch matter further than by Law they would endure. And when I desired but Copies of Petitions that I might be the better enabled to make my defence, utterly to refuse me, and put me to answer upon the place: which when I endeavoured to do, as well as the smallness of the time, and my own surprisal would permit me, I was sundry times reviled, many opprobrious speeches, both against myself and my nearest relations, were publicly uttered, without the least control or check. The witnesses which I bought in order to my justification, were discountenanced; Mr. Fountain in the mean time, privately comenting and glozing his own conceptions, as I have reason to conceive, and writing them down, so that things seemed to be carried on (I will not say by design or injustly) merely in a manner to compass my ruin. The Petitions and charges that came in, to look on the number, were a great many, on the weight of them, a very few. Some of them are either so false, or inconsiderable, that they are not worth mentioning here, as I have done otherwhere; some the very stating of my case, immediately detects the malice and impertinency. But since that there is one particularly insisted upon as a matter very horrid and ugly, I shall not forbear to set it down, that by the estimate of this grand business, an account may be taken of the rest.  
And the business stands thus:  
One John Guyet was committed to the Upper Bench Prison Feb. 10.1650 upon an Action of Trespass at the suit of Edmund Child, but not upon Judgement or Execution. This Guyet broke the Prison house (he being in close Prison, together with four others) in the night time, having burned down the window with hot irons, poisoned a fierce Mastiff, and given some opiate medicine to the Watchman, where with he laid him in a dead sleep all night: and by that means the said Guyet went away in the night time, by Ladders of Ropes, provided for that purpose, as is proved by many witnesses.  
Thereupon Child brings his Action of the Case against Sir john Lenthall for 579 l. for the Escape, and at a Trial at Guildhall had given him by the Jury (who failed not to be his friends at a dead lift) the whole money and damages 584 l. 13 s. 4 d. For relief of the verdict, I preferred a Bill in Chancery, to which he put in an unperfect answer, and sat in contempt. Hereupon I moved at the Rolls for an Injunction to stop proceed at Common Law, which the Master of the Rolls being satisfied that Child in equity ought to have no more of me then he could have recovered of Guyet at Common Law, and for that a man may lay an Action of 10000 l. and yet possibly not recover 100 l. & for that this was the only course I had left, to make Child confess what his debt really was; (he having already in his answer confessed 100 l. was given by the verdict more than was due to him) the Injunction was granted, as well for these reasons, as that it had been the constant practice and rule of hat Court, to grant Injunctions upon the lkie occasions. And whether I had not reason to seek for relief in Chancery or no, let any man judge: For though there were abundance of equitable circumstances, which I could not make out at my trial; yet by that (among other things) which I said before, the equity was very evident.  
Nay this Case among others was referred by the Parliaments order of the ninteenth o● january 1652, to the Justices of the Upper Bench, who upon hearing of the whole matter, declared me not in fault for the Escape, and the business therefore only for the Chancery: wherein being a Court of equity I was only relieveable. For certainly the verdict was a strange one, and the oppression that lies upon me by the means of it as heavy, and of as ill example, as can be possible.  
This is the great business as to the execution of my Office; but because the rage of my enemies was not content to stay here, but would strike at my life, as well as my livelihood, they have set abroach an old business voted scandalous by the Parliament many years ago, and threatened to try me for my life about it. The business stands thus. George Smithson was committed to the Upper Bench Prison june 13.1637. where he carried himself with such extreme disorder, that in the year 1640. he was put into the common Goal, where he was not only so troublesome, but also so dangerous to the Prisoners, that they Petitioned for his removal. Hereupon I ordered him every night to be put into the house which is set apart for unruly Prisoners: there continuing his old manners, he was kept for some time, all which space he was fed with victuals sent from my own Table, and the Stewards of the house, had express order to take care that he should be constatly relieved. He died the 5 of September 1640. A Crowner sat upon him, a Jury was sworn, six Prisoners, and six neighbours, who found that Smithson died by the visitation of God, and not other wise, or by any other means, as appears by the Record.  
I thank God, I have this comfort yet left me, that I can say, I find not in my heart to thirst after blood. And certainly these people, had they not been blinded by their own malice, and carried on by an extreme desire of my ruin, might have found out somewhat more probable to have employed their perjuries about, then for to say, that I should hazard, my salvation, my reputation, my life, the well being of my Wife and Children, and all this for the blood of a poor Lunatic in Prison, whom till that time, I had never known, and from whose death I could draw no advantage.  
The very same men that have revived this complaint against me, before that Committee, brought the same complaint to the Parliament seven or eight years since. At which time, it was examined with all industry, scrutiny, earnestness, and integrity possible: all their own examinations, and those of what witness they could produce, were taken, and several persons were admitted by that Committee, in the name and behalf of the City, to take notice of all proceed. The Committee after a full hearing made the Report to the Parliament, that they found the accusations false, and prosecuted without cause; whereupon the 5 of September 1645 they voted, that the complaints were raised, and prosecuted, without any ground at all, falsely, maliciously, and scandalously; and that William Pendred, Edward Jenks, Hanna his wife, James Freeze, and Stephen Prat, were principal instigators and prosecutors of these proceed; and do deserve severe and exemplary punishment, and accordingly referred it to a Committee to consider what exemplary punishment were fit to be inflicted upon them.  
Nor indeed did they vote it malicious, without ground: for Freeze and Jenks, with one Magic (who was a great stickler in the business, though not so openly as the other) having been formerly Prisoners in the Upper Bench, and there very unruly and mischievous, the Judges did remove them to Newgate, which first kindled in them that malice, that hath several times since attempted my life.  
Notwithstanding all this, their wickedness was so restless, that though they saw how little they were able to satisfy any just men of the ground of their complaints, they had the impudence to renew the business again at the Committee for the Army, who alo upon examination voted, Aug. 24. 1649. to the same purpose as the Parliament had formerly done; yet after all these repulses they have again brought it to Mr. Fountains Committee, where it seems, it received fresh entertainment.  
These are the two principal things, out of which with some other helps, (I will not say Additions of his own) Mr. Fountain hath stuffed his Papers, and at last harcheed a Report. But however it is, though it be not fitting for me to say, that he carried himself there rather like an Adversary than a Judge, so it should feeme he hath a mind, by the carriage of this business, that men should find him turn from a Judge to a Solicitor. For this report of his, he very assidiously promoted to the Committee of the last Parliament, who upon the report ordered July 25. 1653. that I should appear before the same Committee the next day, which was Tuesday following at 3 in the afternoon, and bring with me a perfect list of the names, surnames, places of last abode, of all the Prisoners in custody, since the last list in print; together with all Bonds, Statutes, Judgements, Warrants of Aturney, to acknowledge Judgements to Creditors or others in their behalf.  
Heerupon I Petitioned the Committee, Teusday July 26. 1652. in regard I had not received their order till late the last night that I might have Copies of Reports, and Petitions, and be admitted to put in my defence in writing, or by my Counsel.  
But being expressly commanded to attend the Thursday after, I accordingly did so, and carried in the list; but shown them that I could not deliver in the Bonds, by reason they were the only security which enabled me to perform several trusts settled out of the Office, and the only defence I had against all Escapes, sued, and to be sued. But the Committee pressed me for a positive answer, whether I would deliver them or no, and though I Petitioned for it, would grant me no longer time, than the next morning, for my positive answer; which I was to deliver to the Chairman by 10 of the Clock. According to the appointment, next morning being Friday, I delivered a Letter to the Chairman, with a Paper of Reasons enclosed, Why I could not in discretion, and safety, deliver in the Bonds: both which, since I am so much concerned in them, for better satisfaction follow thus.  
The Humble Answer of Sir John Lenthall Knight, Martial of the Upper Bench Prison.  
IN obedience to the commands of this Honourable Committee whose Persons and Power in all humility I ever shall have in high esteem, I humbly offer, that the possibility that the Marshal of the Upper Bench hath for the preservation of such Prisoners as shall be thereunto committed (by reason of the smallness and unsafeness of the Prison house) are only such collateral securities as by his own industry and endeavours he can obtain from persons that shall engage for the true imprisonment of the Prisoners; which securities (howsoever good in Law as he humbly conceives) are only particularly belonging to himself, and to his own private estate, and to such others as have likewise interest in those securities as well as himself, and no way concerning the public interest, and by the Law of this Land are disposable by him, and such other particular persons to whom they in right and equity do belong, as any other personal securities to any other particular person: that this present Parliament by their most pious and Religious Declaration lately set forth to the contentment of many thousands of this Nation, encourages him (with all thankful acknowledgement) to assure himself that as the Parliament the highest and supreme power of the Nation, hath declared that they will be as tender of Lives, Estates, Liberties, Just rights and properties of all others, as they are of themselves and their posterities, so this honourable Committee who are a part of that honourable body will not be offended, if that he the said Sir john Lenthall shall on his and the others behalf, presume upon that honourable favour and grace which the said Parliament hath with such abundant care offered to the people, and therefore cannot in justice or equity deliver up such securities, which cannot be useful or advantageous unto him by the Law (as appears by his former reasons humbly offered to the Committee and other grounds) if taken from him without a particular Act of Parliament therein to relieve him. This being thus humbly offered without the least disregard to the power of this Committee, or disrespect to any of their persons, whom as becomes him in the place wherein God hath placed you, he shall ever honour: this in all humility assuring himself of justice and equity according to the known right of Law and property.  
JOHN LENTHALL. July. 29. 1653.  
Reasons humbly offered and presented to the honourable Committee for Prisons and Prisoners, wherefore the Bonds and securities taken for the true imprisonment of Prisoners by Sir john Lenthall Knight, Martial of the Upper Bench Prison, cannot safely be delivered out of Sir john Lenthalls hands.  
I. FOr that many of the said Bonds and securities upon Escapes made, are already delivered to Creditors, thereby to recover their Debts due from the Prisoners; and Sir john stands engaged by his promise to deliver divers more.  
II. For that as scone as the Prisoners shall take notice their seourities are out of Sir john Lenthals power, they will and may make Escapes; and Sir john having no other way to restrain them, or to secure himself, other then by his Bond and securities, shall be left without remedy.  
III. For that there now being several Actions of Escape depending against Sir john Lenthall, amounting to 100●0 l. and several recoveries had, Sir john hath no other means to secure his Person and Estate from the said Actions, and recoveries, but by the said Bonds and securities, many of which he hath delivered to his Attorneys to put in suit to be indemnified from the said actions and recoveries.  
iv For that the said Bonds and securities are made to him in his name, for his indemnity, and suable only by him and in his name, and can only be released by him.  
V For that the said Bonds etc. are not forfeited or to be sued until after Escapes brought against Sir john Lenthall, so that if the same should be delivered out of his hands, the Prisoners, Creditors, Sureties, and Sir john Lenthall, may be much damnified.  
VI For that upon the discharge of Prisoners (which is daily) the said Bonds and sureties are to be delivered up, otherwise the sureties may be endangered, and the Prisoner damnified upon his Counter-security given by him to his sureties.  
VII. For that every Defendant hath liverty to crave Oyer of the condition of the Bond, upon which he is sued, before he plead; which Sir john not having in his hands to produce, will be delayed in his suit, or lose the benefit of his Actions.  
VIII. For that the Bonds and securities taken for true imprisonment are Sir john Lenthalls undoubted right and property, which he hopeth this honourable Committee will inviolably defend.  
IX. For that the sureties, who are most of them tradesmen in this City, and live by their Credits, and will be bound for a Prisoners true imprisonment, when they will not be bound with him for any money, when they shall perceive their names are published, and their bonds put to other uses than they intended them, will presently call in their Bonds, and that will be a means to deter all others from being bound; which will prove a very great prejudice to the Creditor.  
X. For that such bonds and securities, as are in Sir john's hands were given to him by the Prisoner, and his sureties, by way of trust and upon condition that no use shall be made thereof but in case of Escape. And therefore the Prisoner having made no Escape, Sir john cannot without breach of trust part with their securities.  
The morrow after, which was Saturday, the thirtieth of July, the house was made acquainted with this my answer, who thereupon made an Order for my commitment to the Sergeant at Arms, to answer to such matters as should be objected against me; and another Order that Sergeant Dendy should take the care and custody of the Prisoners, which he accordingly did, myself being apprehended with a Warrant from Sergeant Birkhead, under which durance I continued, though I did humbly beseech them in regard of the multiplicity of the troublesome and entangled business that lay upon me, and for that I knew not what might be brought out against me, having had so many years to do in a troublesome Office, to be pleased for to take off this restraint from me, which certainly as I did not see what prejudice could arise from it, all my estate and livelihood lying at the stake, and it concerning me so nearly to make out my interest, so had it been to me a deed of very great mercy and compassion. For as it would have been a means to save me from a great charge, which in the miserable condition I was in, lay heavy upon me, so would it have enabled me to go about to make such defence against what might have been brought against me, in behalf of the Common wealth, as that I might thereby enjoy the benefit of the Law, and the freedom of a Native English man.  
The great offences which they alleged against me as is before set down, being only broached, but nothing proved, I did little expect such a restraint should have been put upon me as to imprison my body, and to put Sergeant Dendy into the possession of my Office before I were heard or had leave to make my defence. And I cannot but say this by the way, that it being my mishap to be the miserable precedent in this case, in what doubt may it leave all other Officers who have acted according to the known Laws of the Nation, (as I ever did,) and what security can they imagine to themselves, if upon every alteration they shall be called in question, for actions done by virtue of Laws in force?  
For my part, I do aver that what I did in the execution of my Office, was nothing but what the Rules of the Court (to which I was a servant) permitted, what my predecessors had constantly practised, and what was not against the Laws that then stood in force, and notwithstanding the overflowing malice of my adversaries, they could never prove any one thing against me to the contrary.  
Standing thus committed to Sergeant birkhead, for no cause expressed, I could not find that Sergeant Dendy who was possessed of my Office, had any bowels of mercy, for I received this letter from him, sent to my Prison: Sir, I acquainted the Committee the other day with your answer, with which they were so much dissatisfied, as they resolved to report your contempt to the Parliament; yesterday they sat not, but adjourned till this afternoon, till when I desired they would forbear acquainting the house, for that you promised you would do your endeavour, of which if you give not a real proof by a return of the books, wherein all the names of your Prisoners with their securities, & place of abode are, it will be in vain for you to think of securing yourself by a refusal. Sir, the complaints of several Creditors undone by you, are very great, and our Law you know hath condemned many a man who thereupon hath suffered death, though but for the value of a sheep; therefore all things considered, it concerns you not to contemn any longer the Authority of the Parliament, who if incensed, as you give them just cause to be, neither you nor yours know what evil to them a day may bring forth. Sir, the Committee being to meet this afternoon between 2 and 3 a clock, I have sent the bearer on purpose to receive your answer which is expected by.  
Your humble Servant, E. DENDYE.  
By this Letter it may be conceived in what a sad condition I was, whereby it plainly appears that Sergeant Dendye had never any intention to restore my Office, but still to have kept it from me. To which purpose he used all his power to get the books and securities into his hands; the books I delivered, but not the Bonds given to me for security of the Prisoners, which if I had given up, I had been left naked of my defence of suits for Escapes, and I doubted, that many Bills might be filled against me before the next term, for Escapes made in Sergeant Dendyes time, as it afterwards happened, many declarations being brought against me for them, for which if I had parted with my securities, there might have been so much recovered against me for his neglects, as might have ruined me and my posterity, which was the principal cause that I did not deliver them, and not disobedience to the Parliament, to which I was prepared to prostrate myself in all submission, not doubting but that they would in good time take into consideration my innocence, and withal the number of innocent persons, that were involved in my ruin, and that they would so mix their justice with mercy, that they would again restore me to my liberty, and just right. But the malice of Mr. Fountain did hang still as a dank Cloud overmy head, from which I knew I was to expect a storm; nor was I deceived, for it was grown to that malicious and unchristian height, that though when the accusation concerning the Murder of Smithson and others were heard, and eagerly examined before him and his fellows of that Committee, he expressed upon a full and open hearing his opinion of the improbability of the charge and the untruth thereof. Yet not willing to let so much as a shadow pass, which might destroy me, he inserted and interwoove this charge into his furious Report to the Counsel of State, as an high crime against me, and fit for examination to whom he delivered it.  
Afterwards assoon as the late Parliament sat, this Report of Mr. Fountains was transmitted (I doubt not but by his means and solliciation) to the Committee of the Parliament for Prisons and Prisoners. The same Committee the 18. of Aug. 1653. having the day before brought in a charge against me, which was then read.  
The main heads thereof consisted of breach of Trust, Delinquency, and Murder, which I having spoken of before, I shall at the present mention no otherwise.  
The two first Charges the Parliament referred back to the Committee, and the matter of blood, to fowr Justices of Peace for Surrey, to examine the same, and to proceed therein according to Law and Justice.  
Saturday the 20. of August, the Committee sent for me to the Star-Chamber, where they sat, & there delivered me a Copy of the Charge of all Referred unto them, excepting Delinquency, and appointed me to bring them such an Answer as I would stand to on Thursday the 25. following, which accordingly I obeyed, and delivered in my Answer subscribed with my Name.  
The same Thursday two of the aforesaid Justices signed a Warrant to hear the cause concerning the Murder and blood, the Monday following, at the White Lion at Lambeth, where I attended with my witnesses, but Hannah Jenks and the rest of her malicious complices were not to be found.  
I cannot omit one passage which happened there at that time, which was, that there being then present, a poor Beggar Woman, who heard something of the business of that meeting, and did speak some words tending to clear my innocency, whereof the Justices being informed, they presently sent for her, and committed her to the County Goal (though she totally denied the accusation) where she lay in great wants and misery five weeks at the least; and though she offered them often Bail, such as she was able to procure, and made several Petitions unto them, expressing her sad condition, yet she could find no mercy in all that time, till by reason of wants of bread and other necessaries, she fell very sick, and was near the instant of perishing, when they condescended to Bail her out, but afterwards did not prosecute her at all.  
Hannah Jenks and her witnesses sailing to appear, it occasioned another appointment, which by their Warrants dated the second of September was to be on Monday after, being the fifth day, at the Bull head Tavern in Southwark; there I attended them with my Parliament Keeper, where I found Mistress Jenks, her husband, and James Frieze, and some other complices, such as bribes, promises, and similitude of wickedness could gather about her, where indeed her nimble tongue like a Trumpet, sounded forth such loud noises and falsities (which much retarded the business of that day) that I began to believe that she would swear up to the height, according to her former custom, that my innocency (how white soever) might be clouded by her oaths.  
But this day we were put off and adjourned to the same place on Friday following, where Mrs. Jenks with her tribe sailed not. They were called presently in by the Justices, and were private with them almost all the afternoon, under a pretence of being examined, though there be very great reason to believe that they were not then examined at all, but only asked questions to a presented paper which was sent unto them from Mr. Fountain, which was the rather believed, in regard he that was pretended there to be the Clerk that writ, and to have taken the Examinations, could hardly read them when they were put into his hand for that purpose. But howsoever, me thinks, this privacy was not consonant to the old Law of England, which in cases of Life, brings Witnesses face to face, and admits cross Examinations, the Law being most especially tender of Life, and never intending that should be taken away without all possible Defence of the accused party.  
But at length (to give the Devil his due) I having attended on this secret Conference all the Afternoon, myself and witnesses were called in, and those I brought were such as I doubted not, would convince the Justices of the falsity of the testimony against me, and clear me of the crime.  
But I no sooner entered, but I found a Warrant signed and sealed by the Justices, for my Commitment to the County Goal, which my Keeper opposing (as in right he ought) they threatened to imprison him, and called for a Constable to carry me away. But none being then present, the better to gain time while they could get one, (wherein they neglected no diligence) they yielded to hear two Witnesses on my side, whose testimony was sufficient to have satisfied them. But still they forget not with all earnestness to call for a Constable to Hurry me away. But at last upon much entreaty, almost upon the knees of some of my children then present, they prevailed with them to read the Parliament and Armies Votes, before expressed, about the business, whereby they were Voted false Accusers, and to have corporal punishment: And thereupon with much ado and great difficulty, they yielded and consented to take Bail.  
And here I cannot but note by the way, the mercy and regularity of these men, who at the same time did, (what Nature cannot do) splitt me into a double Prisoner; a Prisoner I was to the State, under custody of the Supreme Power, preceding theirs, and yet during that time they made a mittimus, and would have sent me to the Common Goal of the County, which may be conceived a high presumption to take me from the Parliaments immediate Officer, and send me to another Prison, without their leave or privity.  
Observe by the way, here is a Warrant signed without examination of the party accused. Next the Justice's offer to take a Prisoner out of the hands of that power by whose Commission they sare.  
And lastly, notwithstanding the malice and falsity of these Prosecutors appeared by the Votes of Parliament and Army, they Bailed me after they had made a mittimus to commit me for Murder.  
On Tuseday the 30. of August I was sent for again to the Committee of Parliament at the Star-Chamber, who there Examined Witnesses to prove their Charge against me; as they did also on Saturday following: At which time I was enjoined to bring in proofs to justify and maintain my Answer.  
On the 8. of September following I brought my former answer, wherein I quoted the objections made against me in my charge, and to every particular put in a distinct answer, with the names of the witnesses in the margin which were to prove the same.  
But I should have told you before, that during the examination of witnesses against me, Frieze & Hannah Jenks were the chief, who were so transcendently malicious, that they swore at any thing they thought might prejudice me: for James Frieze, who was the chief witness was there in the face of the Court proved to have sworn false in two of his Testimonies, whereupon I excepted against them, as witnesses invallid, and their evidence not to be taken for that they had formerly in their prosecution against me, been voted by the former Parliament false accusers, and to have corporal punishment, with which vote the Counsel of Officers of the Army afterwards concurred, upon a new complaint made to them by those wretched creatures, whose malice was unquenchable and restless.  
My exception to them after some debate was allowed good, for that they who would swear falsely in one thing may do it in another.  
And you may guess by this, that if the chiefest prosecutors and witnesses, were of this stamp, that the other by them procured and suborned, were not of a much better allay, as hereafter we shall have occasion to instance.  
But see the insecurity and impudence of wickedness and the constant though unexpected protection that Divine providence ever provides for innocency, though what hath been before alleged might have sufficiently invalidated their Testimony and Credits before any Court of Justice, yet it plea●ed God for further discovery of their impious plots against me to stir up the spirit of one Mr. Francis Anguish who was then an accidental auditor of their violent prosecutions of me, 〈◊〉 declare the truth; Which was, that he being a Prisoner in the Fleet Anno 1649. at which time Frieze was then also Prisoner there, he often heard the said Frieze, Jenks, and others, plot together against Sir John Lenthall, and conclude, that they would endeavour to hang him, if they could, by accusing him of Murdering and Poisoning of Prisoners. But if they could not prevail, to take away his life, than they would accuse him of Delinquency against the State, and by that means Freeze and the rest would get a share of his estate, and that they made no question, but to bring their plots to pass when the time should serve, and a new Parliament should sit. Which evidence Mr. Anguish justified upon oath to the Committee; who examined him upon what grounds, or upon whose instigations he came thither to evidence for Sir John Lenthall? who answered that he being present at a former examination before them, and hearing the said Frieze and Jenks so to prosecute him, according to their former combinations and conspiracies, he could not in conscience but declare the truth of that which he had formerly heard and known them to conclude. But he averd, as truth was, that he never had any reference to Sir John Lenthall, nor was never moved to give this Testimony by any but his own conscience: and besides Mr. Anguish several other witnesses instifified their unjust endeavours and false accusations against Sir John Lenthall; and as these fiery trials have already cleared me, so I doubt not, but time the mother of truth, will make it more appear. But Mr. fountains malice was of a harder mettle then to be blunted with all this; for of a Judge (as he formerly took it upon him) he was now become a Solicitor, daily attending, incensing, and informing the Committee against me: and his spite was so successful, that he prevailed to have Bills posted up at Westminster Hall Gate, and other places, inviting all that had any Complaint against me, to repair to the Committee where they should be heard.  
I was commanded to attend the Committee two or three days every week, from August, till the beginning of December following. By which time they had received, heard, and considered all accusations and complaints which malicious enemies, or suborning suggestors, could bring or procure: and the Committee were ready to draw up their Report and to make it to the House, of all their proceed herein with all possible speed, but the Parliament resigning their power the 12. day of December, into the hands of his Highness the Lord Protector, I was plunged into a gulf of misery, as never any distressed person was. The power that laid me in Prison and sequestered my estate, they were dissolved. Those that had me in Custody, neither would, nor could release me. I was at a stand, and amazed: Remedy and Relief I knew of none; yet notwithstanding, some worthy and conscientious men of the Committee taking my sad condition into their pious considerations, whereof the Chayrman was one, though they had resigned their power, yet were pleased for conscience and truth's sake, to declare their Judgements and Opinions, by a Certificate under their hands, bearing date the 6. of January 1653. wherein they did certify, That the Charge against Sir John Lenthall in Parliament, consisted of three several heads. The first, for Escapes of Prisoners. The second, for Delinquency. The third, for Murder.  
For the Escapes, they Certify to have been very few, in respect of the great clamours made against him; and that those were mere matter of Law, and properly triable▪ and determinable there.  
For the Cause of Delinquency, they Certify, That by the Judgement of the former Parliament, 15. September 1645. the same was resolved scandalous, and the Prosecutors in that Cause to deserve exemplary punishment; which Votes of Parliament were after confitmed, by the Votes of the Council of the Army 1649. upon the prosecution of the Persons and Witnesses in the former Complaint, and we find nothing in proof to the contrary.  
For the murder, We judge that Charge to be most malicious against Sir John Lenthall, and that he is innocent of any such crime, and we do conceive the said Charge to have been prosecuted with much malice against him, and the testimony of the Witnesses to be altogether invalid; to which Certificate they subscribed their names.  
I being left thus destiture and disconsolate without my liberty restrained in Prison, and deprived of my Estate, and consequently of all subsistence, It pleased God to prepare means to turn my mourning into joy, by putting the civil Sword into my Lord Protectors hand, I addressed myself unto his Highness by my Petition, and had the happiness to be one of the first fruits of his justice, who immediately referred it to his honourable Council; they with the like dispatch appointed four of themselves a  to hear and examine my Cause, by whose command I attended on Monday the 16 of January where they took the business into consideration, and with much integrity, Justice, and prudence, examined the state of my accusation, as it stood before the late Parliament. So conscientious and scrupulous they were, that they not only deliberately perused all the Papers that I produced, but most judiciously (as intending to hear at both ears) sent for all the Notes and Examinations which remained in the hands of the Clerk of the Committee of Parliament, by which they might be truly instructed of all accusations and informations against me, which the Clerk accordingly brought in, and upon a through and mature consideration thereof, those honourable persons were pleased (after they had with great diligence and patience perused and examined all that could be said for or against me) to make their Report to the Council the 24. of January how they found the State of the business.  
The Lords of the Counsel debating the business upon the Report ordered the 27. of the said January, that it should be referred to the Lord Chief Justice Roll, and to other Justice or Justices of the Upper Bench, to examine all Complaints against Sir John Lenthall, so as the same may be determined in a legal way, & thereby they were required to take such course for disposing the custody of the Prison and Prisoners as may be most secure and advantageous for the Creditors, and is agreeable to Law and Justice: and certainly if that way had been thought of before, Sergeant Dendy had not now had so many Escapes brought against him, nor so many men in all probabilities endangered of so many considerable Debts, nor myself have had several Declarations brought against me for Escapes made and suffered in Sergeant Dendy's time when he was possessed of the Prison.  
By Virtue of the Order of the Counsel, the Lord chief Justice, and Mr. Justice Ask, summoned Sergeant Dendy and myself to appear before them on Monday the 30 of January, where we both attended with out Counsel, and after a full debate and examination of our respective interests and titles in the said Office, His Lordship and Mr. Justice Ask were both pleased to declare that Sir John Lenthall had a good title in Law, which neither Sergeant Dendy nor his Counsel either did or could deny.  
Thereupon the Lord chief Justice and Mr. Justice Ask did make their Certificate to the Lords of the Counsel, Dat. the 13 of Febru 1653. that upon hearing Counsel of both sides, they found that Sir John Lenthall had a good title, which Sergeant Dendy did not deny, and that they were informed and it was confessed by both parties, that divers Prisoners, who were in Prison, when Sergeant Dendy first entered into the custody of the Prison, are now absented, to the great prejudice of their Creditors, and dishonour of the Law, and of the Upper Bench in particular, we have thought fit to settle Sir John Lenthall in the Office of the custody of the Prison and Prisoners, which course we conceive to be most secure and advantageous for Creditors, and most agreeable to Law and Justice.  
The Judges did also declare in open Court the 11 of February, that the Lord Protector and his Counsel had appointed them by their order to hear any complaints against Sir John Lenthall, so that they might be determined in a legal way, and that they also required them to settle the custody of the Prison and Prisoners, according to Law and Justice; and therefore they did declare Sir John Lenthall, to be Marshal, and admitted him to sit in Court, and to take the custody of the Prison, and Prisoners 'pon him, and ordered a Rule of Court to be entered to that purpose which was done accordingly. By virtue whereof I was possessed of my Office and livelihood, and after some struggling with Sergeant Dendy was suffered quietly to enjoy it. And I cannot but here acknowledge and extol Gods wonderful and abundant goodness, who out of the depth of his mercy, looked upon me in the depth of my miseries, and out of the strength of his power delivered me from the malice of my potent enemies who were ready to devour me and swallow me up.  
Rational and conscientious men might think this had been enough to have cleared any man: the Law (which I ever threw myself upon, and the Law is the supreme directory and definitive sentence of all our actions) had reinvested me into that which was my own propriety, and would have inflicted a condign punishment upon me in any thing wherein I had offended.  
That honourable Court of the Upper Bench had power to take cognisance of any offences I should commit, whose ears are ever open to hear and relieve the injured and oppressed, which might have incited my adversaries to have complained there, whose mouths were not stopped in seven years before from thundering out their false clamours against me in all places. But behold the insatiable malice which my wicked aduersaries bore against me (which will lie like burning coals on their own heads) ended not here, my estate and inheritance had stood their shock. But by God's protection they could not shake it, therefore their wicked spirits must now rove higher; they conspire to strike at my life again, and endeavour to wash their hands in my blood.  
And indeed it was one of the most accursed pieces of wickedness in all the world, to endeavour to plunge me into such infamy, who have lived, as I hope, in honest repute in my Country, that have seen many children and children's children, that have been thought worthy by the highest powers to be employed in all commissions, and almost all Committees in the County, where I have dwelled so long, and sat upon the Bench there, to be brought to be tried at that Bar where I had so long sat, and into the danger of so shame full an end as our Law ordained for Murder; and to say more, the Divine Law threatens for this offence, I hearty wish it may not fall heavy upon the heads of my accusers and prosecuters.  
But now the Assizes begin in Southwark, I appeared there according to my Bond, but no prosecutors showing themselves. I desired they might be called and their Recognizances might be returned, which the Court granted, and so called them, whereupon one witness appeared whese name was Robert Ell●s, upon whose Testimony it was supposed the whole manifestation of the business would lie: this man being urged by the Court to prefer his Bill of Jndictment against me, he openly professed he knew nothing against me, and could not tell how to preserre a Bill, and so refused to prosecute, saying further, that he was enforced by the Justices to whom the Parliament referred it to enter into Bond, otherwise he should not have done it.  
Edward Jenks another of these Witnesses, and one of the chief contrivers of this plot also appeared, who being required to prefer a Bill, he told the Court that he came not to prefer any Bill, but was assured by Mr. Blackwell, one of the Justices then sitting upon the Bench, that an Indictment should be drawn, and preferred, and cost him nothing, and that he and the other Justices required him to prosecute, which he refused to do.  
Thereupon he was so impudent to tell the Justice to his face in the open Court, that he threatened him to send him to the Goal, and was ready to do it, if he refused to be bound to prosecute, the fear whereof compelled him to be bound.  
But see the bold spirits of these men, who durst charge so fowl, unjust, and malicious a matter, in open Court, upon a Justice then present, and sitting upon the Bench. But the Judge required Jenks either to prefer a Bill, else he should forfeit his Recognisance; he denied it, and plainly answered, that he knew nothing of his own knowledge against me, and that he was compelled by the Justices to do what he did, and that his prosecution was merely by their command.  
Upon this the Court commanded the Clerk of the Assizes to draw up an Indictment, and ordered Jenks to give Instructions, which was done as far as their Evidence would bear, But Jenks disliked it. The Judge commanded him to go to any of his own Counsel, but he did not do it, neither as was conceived could he find any matter to ground an Jndictment upon, and so none was preferred; whereupon I was acqitted by Proclamation the last morning before the Assizes were ended and adjourned.  
I having suffered such an infamy and disgrace, I considered with myself and Counsel, which way to redeem and vindicate my wounded credit and reputation. And for that end I was advised to Indite the Prosecutors for Conspiracy against my Life, at the next Quarter Sessions holden for the Courty of Surrey, which I accordingly did. The Bill was found against them all, and they stand convicted.  
And that every one might see what kind of people they are, I shall tell you that since those proceed, Frieze being employed in some place about the Excise Office, he hath been put out thereof, being convicted of bribery, and deceiving the State; Olive and Magewick have been since convicted and sentenced for bribery and perjury, at the suit of other men.  
But I cannot omit to express some passages of Mr. Fountain, which came lately to my hands from Mrs. Jenks, and Mrs. Somerscall, in a paper which they sent me the first of August 1654. by them subscribed, wherein they directly express that they were urged with great earnestness by Mr. fountain to prosecute me, which they refused to do, yet Mr. fountain was restless, & could not be satisfied till he compelled them to come in; for which purpose he meeting Mrs. Somerscall in Westminster Hall, one Saturday evening (for these are the words of the Certificate) he asked where is Mrs. Jenks▪ and commanded her to tell her that we have been in jest with Sir John's business all this while, but now we will go on with it in earnest, which he so prosecuted, that he got an Order from the Committee, for the Witnesses to go into Surrey, which they refused to do; then Mr. Fountain said to the Committee, we must force the Witnesses to go into Surrey, or else we shall never cut him off. Behold the greediness of this bloodthirsty man, who when he could find no Witnesses that could or would prosecute, he would raise some up, and compel them. Oh! I cannot but wonder how this man's heart contracted such an unparallelled malice against me, who never had difference with him, but often retained him in the times of his practice as my Counsel, and esteemed him as my friend. And truly I cannot in charity but be so much his friend still, as to pray to God that the judgement pronounced against bloodthirsty men, may not fall upon him.  
The 22 of August 1654. Hannah Jenks sent another Paper unto me to this effect, that whereas, she had formerly prosecuted me with divers accusations of some Capital crimes and offences, these are to certify that she received the notion of them from others informations, and by their only procurement and instigation did pursue those allegations against Sir john Lenthall. But insomuch that they do not lie in my proper and peculiar knowledge, I do hereby utterly renounce and abjure all farther prosecutions and proceed against him, to which Paper she subscribed her name before credible witnesses. And these are the persons that led up the chief place in my several accusations, and by these you may easily guess the rest.  
I have here presented the large heaps of my disasters and troubles, my Prison thoughts and Prison experiences; I had infinite afflictions and yet infinite comforts, light out of darkness, and joys out of sorrows; the Lord manifested himself to me in my secessions and imprisonment, which was but a sequestration from the world, that I might the more converse with God, and this done he manifested his glory and power in delivering me from the Jaws of the Lion and Lion's whelps. I had in all my troubles a strong trust and confidence in my God who hath drawn me out of many waters and through a brazen wall. To him I refer myself, vengeance is his, and he will repay it, and if man shall not think fit to make me satisfaction for these wrongful expressions (which I hope they will) yet they are in God's hands, to whose providence and protection I wholly refer myself; for the Lord is my strength and my shield, my heart trusted in him and I was helped, therefore my heart shall rejoice, and with my song will I praise him.  
FINIS.