THE CHARGE upon Sr Hamon l'Estrange Together with his Vindication and RECHARGE.  
London, Printed in the Year, 1640.   

The Charge upon Sir Hamon L'Estrange, together with his Vindication and Recharge.  
SAlomon says, There is a time to keep silence, and a time to speak.  
I have lately understood that I have much suffered by a report thrown abroad by some gentlemen of Norfolk (who were in Lynne during the siege thereof) of a foul practice & combination of mine for a secret surprise & arrest of sundry of those Gentlemen, and a meeting to that end contrived & appointed by me to be at Swaffham in Norfolk, & I am seasonable awakened to speak for myself, and to endeavour to wipe off this unjust and malign spatter upon my name and reputation.  
In 1643 the Town and Borough of Kings Lynne in Norfolk being fortified by the Mayor, aldermans, and Common-counsel there, and a soldiery raised by contribution in addition to the Trained-bands, for the defence thereof, they passed a Declaration, not to deliver the Town to any not authorized to demand it by joint consent of King and Parliament.  
Afterward the Earl of Manchester (being authorized and appointed by the Parliament to reduce Lynne) sent a Message to the Major, and demanded entrance, & Passage through the same, in the name of King and Parliament, but was denied and refused.  
A short time after (among sundry other Gentlemen that repaired thither) Sir Hamon L'Estrange Knight (living within twelve miles thereof, and one who had often tasted of the bitter cup of the times, and had advertisement of new menaces towards him,) went thither also for safety, and within two or three days the Town was besieged by the forces of the Earl of Manchester, during which time Sir Hamon L'Estrange was plundered of seventeen hundred sheep, and sundry other goods and cattles to the value of above twelve hundred pounds.  
After the Town had been besieged about three weeks, it was rendered to the Earl of Manchester, upon Articles agreed betwixt Commissioners on both parts, whereof the sixth is as followeth.  
The Commissioners on the part of the Earl of Manchester do agree, that neither the Persons, nor Estates of any of the Inhabitants, Gentlemen or Strangers, now resident in Lynne, shall be hereafter any ways molested or prejudiced, for any thing past or done by them, or any of them, since the Earl of Manchester his coming into these parts.  
Nneverthelesse,  
Upon the ninth of December following some Inhabitants of Lynne petitioned and obtained from the Lords and Commons and Order as followeth.  
Forasmuch as the Earl of Manchester in his Articles of agreement with the Town of Kings Lynne remitted their offence in reference to himself and his Army, but touched upon no private injuries done by the Malignants to the well-affected; It is Ordered that such persons as did any damage to their houses or Mills, or any other ways unto them, shall make restitution; and that Colonel Walton (Governor of Lynne) Mr percival and Mr Toll (Members of the House of Commons) shall inquire the damages, and make reparation under pain of sequestration (from Colonel Walton, Mr Peircivall, and Mr Toll, of so much as will make reparation) upon default.  
This is no place, nor is it pertinent to the scope of this discourse, to gloss or paraphrase upon the Order; but to speak to matter of fact only in question, Sir Hamon L'Estrange (having a responsal estate (wherein he was sui juris, and dwelling nigh Lynne) was charged by warrant from the said three Referees to pay sundry great sums of money, which (for fear of sequestration menaced in the said warrants) he was subdued to pay, to the sum of betwixt two and three hundred pounds.  
And before the days were accomplished for payment of more monies upon the warrants of the Referrees, Sir Hamon L'Estrange, and one Robert Clench Esquire, complained by petition to the House of Commons of the violation of the Articles of Lynne, and obtained an Order from the House of Commons the 12. of May 1645 of reference to a select Committee of the said house, to examine, state and report the whole matter to the House.  
In February following Sir Hamon L'Estrange, and Mr. Clench, being summoned by warrant from the select Committee, attended at London, with Counsel, and two Solicitors, and twelve witnesses, from about a hundred mile's distance, by the space of a month, to the charge of above sixty pounds, and nothing was done therein.  
Matters thus rested until that, year 1646 in July 1646, another Charge was imposed (by warrant from the Referrees) upon Sir Hamond L'Estrange, and one Mr Kirby of Lynne, for the payment of two hundred seventy five pounds, twelve shillings & three pence a piece, in all, five hundred fifty one pounds four shillings six pence (within ten days next after notice) to the Major and Burgesses of Lynne, for damages done during the siege in the demolishment of an Hospital belonging to the said Town, or to show cause in writing to the contrary, to which Sir Hamon sent an answer.  
In August following Sir Hamon L'Estrange was charged (with nineteen year 1646 others mentioned in the warrants of the Referrees, whereof Mr. Clench was one, and the said Mr. Kirby left out) to the payment of the said five hundred fifty one pounds four shillings six pence, at a day prefixed, or to show cause in writing to the contrary, to which also Sir Hamon returned answer.  
And thereupon he wrote & sent letters to sundry Gentlemen named in the said warrants, and desired of them a meeting for conference and consideration about the said charge of five hundred fifty one pounds four shillings six pence, but they all failed to meet at the day and place prefixed by Sir Hamon.  
In October following, Sir Hamon L'Estrange, and Mr. Clench and Mr. Kirby, were all three charged (by warrants ●rom the Referrees, and the other eigh●eene (secondly charged) all omitted) ●o pay an hundred eighty three pounds ●ourteene shillings ten pence a piece, 〈◊〉 all, five hundred fifty one pounds ●oure shillings six pence, at days prefixed severally unto them.  
Soon after Sir Hamon L'Estrange being at London his goods were sequestered in the Country to the said sum of one hundred eighty three pounds fourteen shillings ten pence; for the payment whereof bond was entered to the Collectors, who also took nine pounds for fees.  
The said bond being after put in suit contrary to the expectation of Sir Hamon L'Estrange by reason of a supersedas of the said Sequestration obtained from Colonel Walton (and Mr▪ Corbet formerly added in supply o● Mr. percival deceased) and having stayed the said action (commenced a● the Common Law, upon the default o● payment) by Injunction out of th● Chancery) in April 1647, Sir Hamo● L'Estrange repaired to Lynne to confer with Mr. Toll about the said suit● and other suits which he understood were menaced towards him and other by some inhabitants of Lynne, who apprehended encouragement from th● success which late before Mr. Toll obtained at Bury Assizes upon the tryant of two Actions of Imprisonment of himself and his wife at Lynne at the time of the siege there, wherein he recovered one hundred pounds for himself, and one hundred and fifty pounds for his wife, against Sir Hamon L'Estrange, Thomas Dereham, and Robert Jegon Esquires.  
Mr. Toll declared, upon conference with Sir Hamon L'Estrange, that forasmuch as he was fully satisfied that the rest of the Gentlemen (who were in Lyn during the siege, & adhered to the defence thereof, & advised & abetted to the pulling down of the said Hospital, and other damages) were alike liable to the charge of the reparation, he would therefore endeavour that they might ease one another, by a more general contribution, and was persuaded that if Sir Hamon L'Estrange would write unto the Gentlemen, and request a meeting for consideration thereupon, the Gentlemen would readily meet and fairly comply: Sir Hamon L'Estrange utterly disliked the motion, despairing of any good event, by reason of his former endeavours, and the repulse o● neglect which he received; As also because the other parties had most o● them hitherto enjoyed the quiet o● their person and purse, and hoped an● aimed at the continuance of thei● calm condition; Sir Hamon L'Estrang● further alleging the great toil, trouble and charge, of writing and sending so many several letters to so many several, remote, and scattered parts o● the gentlemen's abode.  
Nevertheless the pressing advice and persuasion of Mr. Toll prevailed a● length with Sir Hamon L'Estrange to make trial and assay, and forthwith he drew the form of a letter (which he thought fittest to be one and th● same to all) and shown the same to Mr. Toll, who approved thereof, and was as followeth.  
Sir,  
I suppose that before this time you have understood of the late verdicts passed against Mr. Dereham, Mr. Jegon and myself at the last Assizes at Bury, at the suit of Mr. Toll and his wife, and Mistress percival, and how the Judges there declared their opinions, that all persons commanding, and all other (present or absent) consenting or abetting to any damages done at Lynne during the siege, are by law equally liable to reparation, which may justly awaken us to consider the danger and charge that will certainly befall every one of us upon further questions and suit, which moves me to advise and desire, that in such joint concernment we may meet and consult how to reduce the state of our business to the soon and safest period for all of us in general, otherwise for my particular, (who have hitherto sustained & endured the whole storm of these troubles with very small assistance, to the great to isle of my person, & charge of my purse) I shall study and endeavour to procure mine own peace at the best terms I may for myself.  
I have presumed to nominate and appoint Thursday the Fifteenth of this Month in the afternoon for the time and Swaffham for the place of our meeting.  
Apr. the 6. 1647. Sir, Your commandable, Hamon L'Estrange  
Soon after Sir Hamon L'Estrang● wrote letters to sixteen Gentlemen t● the tenor aforesaid, from some he received answer by writing, from other● by message, and word of mouth, bu● all such as gave him cause to despair o● the coming or meeting of any o● them.  
Nevertheless at the day appointed Sir Hamon L'Estrange travailed to th● place (which was about eighteen mile● from his own house) and there understood of one Gentleman who had bee● there and was departed, 
R. P.  and one only met there and stayed of the many Gentlemen summoned and concerned.  
Sir Hamon signified to him the cause of his desires of a meeting, and after some discourse passed interchangeably, Sir Hamon L'Estrange offered his sense and opinion, that if the heat and earnestness of Mr. Toll (who was then Mayor of Linne, and the most powerful man thereof, both by his Office and his Membership of the House of Commons) might be mitigated and abated by a general reasonable compliance for amends and satisfaction towards the Hospital, it might advantage all the Gentlemen in better acceptance towards Mr. Toll, and the Burgesses of Lynne, and cool their rancour and inflammation towards further suits and vexations of all the Gentlemen; Sir Hamon further showing that the sum of 551 l. 4 s. 6 d. imposed in charge of damages was extremely excessive, when he had offered to maintain and prove (by Mr. Kirbyes' allegations and otherwise) that less than 100 l. would have made i● (as it was left at the render of th● Town) in as good a condition to th● full as it was before the siege. At length Sir Hamon L'Estrange produced a writing (conceived and digested by him and subscribed by himself and M●▪ Clench, and subscription also promise● by Mr. Dereham, but after retracted & refused) which writing he intende● to have communicated to all the Gen● thither summoned and requested, and hoped it might have received their approbation, as also have given satisfaction to the Mayor & Burgesses of Lynne which writing was as followeth.  
Whereas the Hospital or Almeshouse o● Geywood (in the county of Norfolk, o● and belonging to the Mayor & Burgesse● of Lyn) was (in 1643. by the command of the then Mayor of Lynne at the tim●●f the siege thereof) uncovered and mad● inhabitable for the poor people of the same, which damage was further augmented and increased after the tender o● the Town, the walls and other materials of the Hospital being demolished, and taken and employed (by the Governor there) in and about the works and fortifications of the said town, we (whose names are hereto subscribed) being moved with compassion for the loss and damage of so good a work and monument of charity, and willing that it should not perish but be revived and preserved to posterity, and desirous to remove the trouble and delay which by disputes of comparative distributions may arise, and considering the nature of the work, and the power and force invitatory of acts of mercy and goodness, (and that the moment and charge by contribution from many is rendered light and easy to every one) do freely and cheerfully give and bestow, and promise (upon demand) to pay ten pounds a piece for and towards the re-edifying of the said Hospital, or Almeshouse, as under our hands and subscriptions is in this paper hereafter expressed.  
April 15. 1647.  
This writing had reasonable and fair acceptance of the Gentlemen, but reinfecta for want of appearance, and Sir Hamon L'Estrange and the Gentleman took leave each of other.  
Instantly after the gentleman being gone down the stairs, 
R. P.  returned again to Sir Hamon L'Estrange, and complained that he was much abused, for through his letter and invitation he came thither, and was now arrested at Mr. Tolls suit by one of the two persons that followed him (which too had kept close and undiscovered;) Sir Hamon L'Estrange was much much troubled thereat, and protested (as he now doth in the name and word of a gentleman and a Christian) that he was altogether innocent and ignorant of any such intention, practice or purpose, and one of the officers said, he durst swar● that Sir Hamon L'Estrange knew nothing thereof, and Sir Hamon himself had no sooner said, for any thing that I know I may be arrested also, but forthwith he was also accordingly arrested.  
And whereas Sir Hamon L'Estrange conceived the arrest to be concerning the Hospital, afterwards he perceived upon the plea and declaration of Mr. Toll, that he contrived a new Action against Sir Hamon L'Estrange and other gentlemen for his imprisonment, and laid it at very great damages, hoping that the great number of defendants (as many hands make light work) might invite the Jury to a liberal verdict, the former recovery at Bury being fare short of his content and satisfaction, but his wrong calculation was soon convinced by the clear sense of the Judges in open Court, declaring that he was barred from a second action by acceptance of the verdict at Bury.  
Thus Mr. Toll for the accomplishment of his own ends deceived Sir Hamon L'Estrange his confidence, and further exposed him to become a suspected object of unfaithfulness towards others; but he hopes that to candid thoughts this narrative will wash him clean from the soil of any such silly conspiracy against himself, or unworthiness towards others; And for such as have been and still continue actors and abbetters in the reproach of Sir Hamon L'Estrange, let them be filthy still, 
Revel. 22.11.  Con●umeliae spretae exolescunt, si irascare agnitae videntur, Contumelies are best confuted by neglect and contempt, to be angry is to confess the charge.  
So much for history and vindication, And now Ille ego- I am the man that have thus crept into the press to show the oppression of my reputation by some whose self-seeking ends are their best oratory, and who furrow their browe● at the noise or apparition of any thing that may endanger to lessen or lighten them in the scales of reason, and think with the Sepia or Ink-fish to hid themselves in the black and muddy water of malediction of others; And I thank them for this unkind summons, and shall now represent unto them (as in a glass or mirror which hitherto hung atergo, at their backs and behind them) the face of their own state and condition vively portrayed with the same penicil and parallels with mine, by which they shall not envy me their fellowships in my fortune by any lawful means, as by unlawful it was and ever shall be as fare from my thoughts as unworthy of a Gentleman, and an honest man.  
Acts of Community, Society, and Adhaerence bind all such as are parties thereunto.  
The Mayor, aldermans and Common Counsel of a Town, City, or Corporation, agree together in the defence thereof, and whosoever therein adhaeres thereunto by either open & expressed, or  consent, or not expressed dissent, is liable to the fortune and event of every Act of the Mayors command proper and usual, or probable and reasonable, towards that defence.  
Here I say first the Mayor, etc. who hath the power of Government Magistratus opidanos obligat intra eos actus quisolent ab ipsis imperari, The Magistracy binds the Inhabitants in such things as they usually command, alioqui consensu opus est, otherwise there must be a consent, and therefore I say do agree together, (which agreement is mentioned page the second) and then facta per regentes Civitatem sunt facta per ipsam Civitatem, the act of the Magistrate is the act of the Town or City, and qui Civitatis vice fungitur rebus oppidanorum uti, perdere, & alienare potest ob publicam utilitatem quae privatis aliquod jus in aliena concedit, the Magistrate (who is the representee of a Town) may take, spoil, and exchange the goods of the Inhabitants for the common profit & preservation, which also gives every private man a right one unto another.  
Then I say Adhaeres, etc. the Civilian says Adhaerentes dicuniur qui sunt ejusdem velle eu jus est ille vel illi cui vel quibus fit adhaesio, They are said to Adhaere who are of the same mind with them to whom they adhaere.  
Plain and Positive Adhaering is by agreement, help, counsel, liking, approbation, and this in matters of criminal offences branches into Accessaries 

before,  
after.    
There is also Adhaering of Privation (as I may call it) like our mesprision by not forbidding, not countermanding, not dissuading, not discovering.  
But in the greatest and lest offences as treasons and trespasses, (of which last our alleged offence is a species or branch) there are no Accessaries but all are Principals.  

1 The Gentlemen resorted to Lynne, and concurred with the sense of the Mayor for the defence of the Town.  
2 They daily dieted and tabled together.  
3 They daily otherwise met, conferred, & consulted for their own preservation & defence of the Town of Lyn.  
4 They contributed to the maintenance of the Soldiers, every one inserting his name, and the sum he gave per week in a list or paper.  
5 They nominated one of themselves to be collector and distributor of those moneys. 
R. P.   
6 They went the rounds nightly in their course, according to a set rule.  
7 They daily oversaw, and gave direction in the works and fortifications, and therein Mr. D. was the prime Ingenier by his late before long converse and observation of the fortifications at London.   
Thus their Adhaerence is sufficiently set forth and manifested, and consequently clearly sentenced liable by the opinion of the Judges openly delivered as is mentioned in the copy of the letter dated April the 6. 1647. p. 6.  
Lastly I say Adhaering to such agreement is liable to the fortune of every Act of the Mayor's command, proper and usual, or probable and reasonable, towards the defence.  
Here Defence is the subject, and every act conversant therein (which must bind the Adhaerers) ought to be such as (with respect to all the Circumstances of war) is usual and practised, or agreeable to the best reason, sense and equity, and until a negative be had, the affirmative allegation, and presumption herein stands good.  
Here I might enter into a spacious field of matter, but I will not hazard to lose myself by excursions; what is said may serve to the scope intended, which was to lay down the Position, Definition, Description and Proofs of Adhaerence and Adhaerers.  
If any will allege and plead this or that damage was otherwise or more than I meant, this will not serve, being either usually practised or proper to the work, or not contradicted or opposed, ex toto enim noluisse debet qui imprudentia defenditur, he that will save himself against the charge of this or that which is done, must have appeared altogether unwilling before it was done.  
Nor will it serve to say I was not present when this or that was done, or I wished or would have been gone (as Sir Hamon L'Estrange & others, though that speaks most reason where followed a total after defection or falling off) or such an one did most, (and therein Sir Hamon L'Estrange hath not whereof to boast) or to make comparative altercations or impeaching one another, (as schooleboyes when they go to whipping) but actum est, the match is made, and all concurred in the common action, and he that did lest meant to take the benefit of him that did most; rather the argument lies most against them that did least, because like lazy drones they meant to eat the honey of others labours, and taste what they never toiled for: but the Imperial and Civil law (which ought to Judge in all questions of War & Arms) tells us, In societate pactum de lucro intelligitur etiam de damno, In Partnership the match is made whether we gain or lose, and every one to bear his proportion, and aequum est ut communia habeantur damna quae societatis causa contingunt, It is just that damages should be repaired in common which ●n community were committed.  
And to weigh it yet more exactly by ●he best royal Standard, David says, 
1 Sam. 30 24.  As his part is that goes down to the Battle, so shall his part be that stays by the stuff, they shall all part alike, nay he goes further and makes it a perpetual act, And it was so that from that day forward he made it a statute and ordinance unto this day. 
25.   
But pessimum venenum sua cuique utilitas, selfseeking and private ends and profit does often so befogg and darken Judgement that what is equitable and generous cannot be discerned.  
Had the Gentlemen either at the first resented the violation of the Articles, as the common concernment, and every one said to himself nunc mea res agitur, when the neighbour's house was on fire; Or harkened to my modest desires according to the justum & decorum of our confaederation, and shouldered together for the maintenance of the partnership & society begun at Lynne, and pleaded together our Charter of the Articles for our defence and indemnity, I had not been singled out and made the sole or chief anvil of the highest displeasure fo● that action, which (to our sense) was a● clearly abolished by those Articles, a● the Sun ever shined; Nor had there bi●● place lest for these jealousies and contumelies of the Gentlemen, nor for thi● mine Apology and vindication; In th● mean time I must tell them they are all in my debt, and some of them have paid me the wrong way, and though the respect to my numerous family and issue may move me to say unto them with the Epigrammatist, 
Ignoscas petimus Vacerre tanti  
Non est ut placeam tibi perire;   
Yet when my few and short arguments for the law of Society shall be answered, (wherein some of them who are forward enough, projicere ampull as, & sesquipedalia verba, shall do well to appear) I shall then most willingly acquiesce to have paid most of all the score, and give a discharge, and till than 〈◊〉 charge most of the gentlemen either never at all, or too little to have learned, or too much, and too soon to have forgotten, those just & excellent rules and duties of humanity, intercourse, civilityes and deportment (in all actions and affairs of life) taught us by our old Tutor Tully in his Offices, of which book (as we say the Quartane Ague is opprobrium medicorum, the shame of Physicians, because it poseth them to cure it) so I say of that book of the Offices (in cujus nomine animitus semper recreor, to borrow a few of his own words) though by an heathen, is so divinely written (pardon the exuberance) as may be called opprobrium Christianorum, the shame of all christians to be so posed in the practice.  
I have here spread plain and smooth to open view the charge and imputation upon me, and my defence and answer thereunto, And after I indict the Gentlemen at the common bar of universal opinion and judgement (wherein nevertheless I except a● absolve some of them, Queis meliore luto finxit praecordia Titan,  
And who have opened and offer● themselves in all generosity and ju●● reason to me) upon Apostasy and revolt from the solemn principles society and confaederation; if th●● confess the Indictment I leave the● to the fortune of a fine and censure 〈◊〉 their reputation; If they traverse, 〈◊〉 am ever prepared and ready with further evidence for the trial.  
FINIS.