A VINDICATION OR JUSTIFICATION OF JOHN GRIFFITH, Esq AGAINST The horrid, malicious, and unconscionable Verdict of the Coroners jury in Cheshire: Which was packed by the means of that Pocky, Rotten, Lying, Cowardly, and most perfidious Knave, Sir HUGH CAULVELEY Knight, only to vent his inveterate hatred and malice against me. Printed in the Year, 1648. A TRUE RELATION of the Business that happened betwixt John Griffith Esquire, and one William Dod, Servant to Sir Hugh Caulveley, Knight, in Cheshire with the reasons that occasioned the difference, and the manner and accident of his Death. THe business begun thus▪ It was my fortune coming from London to Chester, to go with some company to visit Sir Hugh Caulveley who was then prisoner for debt in the Castle of Chester: he was pleased to use me extreme civilly, and to invite me the next day to dinner, where I received a great entertainment, and many expressions of love, and friendship from him; and after few days, I went to my own house into Carnarvonshire, where I stayed two or three months, but before I returned out of Wales, Sir Hugh Caulveley was released out of prison, and come hom to his own house in Cheshire, called Lea Hal; where I going to visit him, was received with a great deal of kindness & after I had stayed with him a fortnight, I invited him to my house into Carnarvo shire, where he stayed with me a week, & before our return back into Cheshire, it pleased God to visit his house with the flux, and divers of his servants died of it, & one of mine, that caught the disease at his house: He at his return was pleased to say, that God laid this judgement upon him, because he kept a Cook that was a Papist, & said that he should not thrive, as long as he kept him: Whereupon I persuaded him to turn him away, which he did accordingly: And this disease driving him from his house, I went back into Wales to settle my estate, as well as these distracted times would permit me, & there I stayed a matter of 2 months; then I returned back into England again, thinking to visit Sir Hugh Caulveley, and the night that I was to come thither, being earnestly invited by him to do so: An hour or two before I came to the house, a Boy it seemed died of the Plague, so as before I came thither he & most of his family were gone, but left word where I should find them; so I went to them that night, and assoon as I had spoken to him, I returned & lodged at his house, thinking that there was no danger in the house; for the Boy that died had been sick above half a year, so that I did believe that he rather died of a Consumption then of the Plague; so the next day I waited on Sir Hugh Caulveley again, and after two or three days he and his Family did return back again to his own house, he being of the same opinion that I was, that is that the Boy rather died of a Consumption, then of the Plague: At that time I stayed with him five or six days, and no sickness did appear, nor was there any body sick in the house: but during my stay there, I saw some servants whose faces I had not seen before, and one of them was this man, who they called William Dod, I asked Sir Hugh what he was, he answered me I have taken him to be my Clerk, for my other Clerk died of the Flux, with all Sir Hugh Caulveley told me that he was an excellent Clark, but that he was a rank Papist. I made him this answer, I wonder you will keep him then, knowing how unfortunate Papists have been to you; it is true said he, but I must keep him a while until I can provide myself with another. I made him this answer, I will see Sir, if you please, if I can help you to one. I pray you do so said he, for this man is not only Papist, but has been most active man all this war against the Parliament, both in Biston Castle, and divers other places; hearing this, I replied to Sir Hugh, Sir, the sooner you part with him the better it will be, for fear lest the Committee comes to know that you have entertained so notorious a Papist, and prejudice you in your Composition, having not as yet finished it: indeed said he that is one main reason why I am so willing to part with him, besides I am resolved never to keep Papists, for they always bring me ill luck, and indeed as he said, so it happened, for within two or three days after I was gone from his house, the plague broke out again, and divers fell sick of it, four or five died of it, some others recovered, and those that had been in Cabins, and not sick at all, after a month's time or there abouts, he gave them leave to go to another house that he had called Sayton, and there in a low room to continue, they being in number five, three men, and two maids, and he, his Lady, and some few servants went first into Lancashire, and from thence Sir Hugh Caulveley went to York for to take Physic. In the time of his absence I having little recreation but coursing, made a match to run a Greyhound of mine, against a dog of William smith's, who lived not far from this house of Sir Hugh Caulveleys, called Sayton, and there being fine Champion fields within a mile of that place, we appointed to meet there with our grey hounds, which we did accordingly, and after that we had beaten all the day for hares, and had decided our match, I being something hungry, sent one of my servants to Sir Hugh Caulveleys house to Sayton to desire the maids to provide me two or three dishes of meat, which they did accordingly, nor indeed durst I go into any alehouse for to eat any thing, for fear of the sickles; for Chester was then cruelly infected with the plague, and the people came daily out of Chester into those parts, being but two miles of Chester; besides divers houses in the Country were infected, so that a man could not certainly know where to go, without danger. So according to my appointment I took one Mr Powel, and two or three honest Country Farmers along with me, for to eat that meat which I had bespok, & before we had done our supper, (for it was late before we came thither) it fell a raining so hard, and grew so dark, that it was impossible for me to go home that night, being a foot, and having four long dirty miles (as any was in England) to the house where I lived at. Besides I had the river of Dee to cross over; so I and my company resolved to sit and talk all night by the fire side, being five or six in company, besides the servants of the house, and whilst we were sitting by the fire, comes in a kind of a Bailie of Sir Hugh Caulveleyes, whose name is Richard maddock's, who would need● present me with a dozen of Ale, and did seem to bid me very welcome: After that, the Ale being drunk out, he went away and left me and my company together, where we stayed all night,, & the next morning I paid the maids for the meat, and I and my company parted from Sir Hugh's house together, and went every one of us home to our particular dwellings, thinking that no exceptions could be taken at my being there, having so much company with me: but it seems within a day or two after, this Richard maddock's being drunk (as it is his constant custom) came and upbraided the maids, saying thus to them: It is very fine; you think that my Master hath nothing to do with his money, but for you to feast Prince Griffith withal. I can assure you when my Master knows it, you will have little thanks for it: The maids made answer (as they sent me word) that I had nothing but what I paid for, and that it was not any charge to Sir Hugh Caulveley at all, and that they did believe Sir Hugh would not be offended for any civil courtesy that they could do me; so the business ceased for a while, and afterwards Sir Hugh being come from York to his Mother in Laws house which is in Lancashire, he sent over this Dod about some occasion or other to his house into Cheshire, where maddock's and he contrived to make a difference betwixt Sir Hugh Caulveley and myself, and at Dods return bacl to Sir Hugh into Lancashire, he happened to frame his story so well for his own advantage and my prejudice, that I having some hampers of at Sir Hugh's house; I was desired to send for them home, and this Maddock, had order to turn away the maids with this expression, that Sir Hugh scorned to keep Maids, that should keep open house, and a Bawdy house for me. This was the first palpable business wherein I discovered both their hatreds to me, though having given occasion thereof to neither of them, more, then that I did persuade Sir Hugh Caulveley once to turn away Dod (which I believe he heard of) and not out of any other malice to him, more than that he was a Papist, and that I was loath that Sir Hugh Caulveley (being my friend as I thought then) should suffer for entertaining so notorious a Papist, as he was known to be. It being reported by some that he was a Priest. This was the only exceptions Dod could take against me, until I found out his roguery of endeavouring to set a difference betwixt Sir Hugh and myself, having no just ground for to do it, more than what his spleen and malice could invent, and indeed finding Dod and maddock's wholly bend to make a difference betwixt us; I must confess I endeavoured what I could to cross their intentions, and to preserve that friendship which formerly had been betwixt Sir Hugh Caulveley, and myself, and to that intent, I hearing that Sir Hugh was come out of Lancashire to his Sister's house called Line in Cheshire, I went purposely to wait on him with an intent to inform him of the truth of the business: and coming to salute him, I perceived him something cooler in his expressions of kindness unto me then formerly he had been: whereupon I told him, Sir I understand that Dod and maddock's have abused us both, by informing you of a thing that is as false (as God is true.) Therefore I shall desire you to send for maddock's, for I hear that he is in this house, and I shall prove him a Rogue to his face, maddock's was instantly called up into a Gallery, and in the presence of Sir Hugh Caulveley, his Lady, and his sister, Mistress Lee; I told maddock's, that I wondered extremely at his baseness, having nothing to do● but to invent lies, for to set friends together by the ears: he denied that he had done it, although I knew the country, whereupon I told him, I warrant you will deny, that you say when you are drunk, that you care not six pence for your Master Sir Hugh Caulveleyes' service, and that you never got anything by him; maddock's did not only deny it, but withal replied that what I said was false▪ I made him no answer, but with my Cane I laid him over the Coxcomb, and so parted with him at that time; and presently I went out of Mistress Lees house to a Lodging that I had within a mile and a half of that place, and the next day I went towards my own house near Chester; but by the way as I went home, I called at a Town called Sayton, where most, if not all the Inhabitants of that town are Sir Hugh Caulveleys tenants. I sent for divers of them which I had formerly seen in Maddoks his company, and I ask them whether they never heard Maddoks rail at his Master Sir Hugh Caulveley, they made answer, he is never drunk but he do●h so, and then men most commonly speak truth, and I wonder said they that Sir Hugh will keep him, for maddock's constantly says he cares not six pence for his service, and that he never got anything under him. I made answer to them, honest friends will you justify this under your hands, yes said they, and upon our oaths too, whereupon I drew a note to that effect, and gave it them to subscribe, which they did willingly: and as soon as I got the note signed, I presently sent it to Sir Hugh, and writ to him to this effect. SIr, Although you would not seem to give credit to what I said of maddock's, yet I hope, that since his neighbours do justify him to be a lying Knave, you will do yourself and me so much right as to turn him out of your service, and in doing so, you will engage me to continue, Your obliged Friend and faithful Servant, JOHN GRIFFITH. Sir Hugh Caulveley sent me this answer, or much to this purpose. SIR, I wonder you will trouble yourself about my Servants, it is to no purpose; for I will keep what Servants I please in spite of your teeth. HUGH CAULVELEY. THis answer I took to be as it was, that is, too uncivil to send to any Gentleman, having never deserved it at his hands: whereupon I sent for a noble friend of mine, Colonel john Booth, and after that I had acquainted him with the business, I desired him to go to Sir Hugh Caulveley, and to tell him that his letter was so uncivil, that I could not choose but resent it, and that I did desire the performance of one of these two things, that was either to turn away those two Rogues Dod and maddock's or to fight with me; Sir Hugh sent me this answer by my Friend, that is, that he would not fight with me; nor could he possibly part with these men, unless he were undone; for his excuse was, that none but them understood the managing of his estate: but gave me leave to take what course I pleased with them; Dod going to London about Sir Hugh's occasions, I having notice of it, I writ to Mr. Briscow Clark of New gate, and acquainted him both of his being in town, and what a notorious Papist he was (if not a Priest) and that he had (during this war) been constantly in arms against the Parliament. Upon this information Mr. Briscow, caused him to be apprehended in London, and Mr. Briscow being out of the way, he made an escape by one means or other from the Pursuivants, and so got again into the Country to his Master Sir Hugh Caulveley, who lived then at his house in Cheshire, called Sayton, and within a day or two after the time Dod came down, I was to run my Greyhound against a Greyhound bitch of one M. Duttons of Hatton. The appointment was made a fortnight before, nor did I expect Dods being in the Country until I came, a friday morning near Sayton, which was the day and place that we had appointed to meet at: but coming within half a mile of the town, I met a servant of my own, who coming back from the Post house at Chriselton with my letters, as he was passing through Sayton, (which was the direct Road from Chriselton to my house) he met (as he said to me) with one john Hoskins a retainer of Sir Hugh Caulveleys, and he whispers him in the Ear, as if it had been a great secret, and desired him to tell me that I should not by any means come into the town; for Dod was newly come from London, and had brought with him a warrant from the General Sir Thomas Fairfax for to disarm me, and that there was twenty or thirty men with muskets and other arms for to cease upon me if that I came into Sayton, and my servant swore to me that he saw above twenty lusty young fellows, whose faces he did not know, and desired me not to go thither, unless I intended to be either hurt or killed: but for all my man's discourse, and the message that was brought me, I resolved (knowing myself free from any guilt) either to get into Sayton or to perish, rather than that it should be said that I promised Gentlemen to meet them, and afterwards that I durst not come; so I took my horse and rid up into the middle of the town, but no man durst offer to disarm me, or to meddle with me: So I went presently a coursing, and most of those men that were sent to disarm me, came along into the fields with me, and some of them told me that Sir Hugh and Dod had sent for them that morning, and told them that they had a warrant from the General, and desired their assistance: These honest men desired to see it, and Sir Hugh and Dod having none of show them, they refused to meddle with me at all, and I understanding the malicious plot which they intended against me, I purposely to vex Sir Hugh and his Champion Dod, sent for a fiddler, and during the time my fellow Coursers were drinking a cup of Ale, we having run our Match: I and my Fiddler rid up to Sayton, and from one end of the town to the other, I made the Fiddler play a tune called Roger of Caulveley: This I did to show, that I did not fear to be disarmed by them, and they may thank themselves for it, for if they had not first endeavoured to mischief me, I should not trouble myself to have vexed them. Nay Sir Hugh was so malicious that no body in Sayton durst let me come into their houses, although there were divers Alehouses, for Sir Hugh Caulveley threatened either to turn them out of their houses, or to set their houses a fire about their ears, if they did suffer me to drink in any of them: Besides there was particular notice taken of those men which went a Coursing with me, and those which were his tenants, he checked them the next day to some purpose since that time I met with Major Haughton, Sir Hugh Caulveleys Brother in-law, who told me that if I had stepped then, (when the Fiddler was with me) but one yard or two out of the high way, that they intended to have shot at me with a dozen musketeers out of Sir Hugh Caulveleys house; you may guests by this what continual malice Sir Hugh and his servant Dod had against me: when this plot failed them, Sir Hugh tries an other way to mischief me as I was credibly informed, and as it appeared afterwards by Dods discourse, that was, he sent into Lancashire for his brother-in-law one Major Houghton, and one Captain Houghton, two gallant Gentlemen, thinking to have engaged them in a Quarrel against me: but he failed in his design, for the Gentlemen were so noble and discreet, that they would not quarrel with any man without just occasion, and especially with me that was a thousand times readier to serve either of them, then to give them the least just occasion of offence; when Dod saw that there was no likely hood of a quarrel betwixt us, than he reported about the Country that he had brought me a Challenge from Major Haughton, and that I durst not fight with him: but refused to give him a meeting: and this was not sufficient, but Dod likewise reported in all companies where he came, that I was a base cowardly fellow, and that it was a shame for any Gentleman to keep me company: and one Captain Waulthers standing by, did not only reprove him for talking so basely of me, but had likewise beaten him, if the company that was by had not stopped betwixt them: and I am confident Captain Waulthers will justify this to be true, whensoever he is called upon. Then let the World judge whether I had not reason to recent it. But I hearing that Major Gilbert Haughton was returning out of Cheshire into Lancashire, I went purposely to a place one night being the 23 of January where he and Captain Houghton, was to pass by the next day, with no other intent, but to hinder mistakes from happening betwixt us; and to give him thanks for former favours which I had received from him, and to assure him that I was then as much his servant as ever I had been before, in despite of those that thought to make us foes: so we met friends and parted very good friends, which I believe was not pleasing news either to Dod or to S. Hugh Caulveley: and after I parted from Major Houghton, the same evening I went through Sayton (being the direct way to my house) where I stayed a while, and afterwards resolved to go homewards: my horses I gave to my Groom and my Footman to lead as far as the Church, purposely to ease the Mare I rid upon, and myself, for the lane was very dirty and my Mare lame, being newly pricked in her forefoot, which made me willing to have her led to that place, and I with the other two Gentlemen which were with me resolved to walk to that place, where I appointed my servants to stay for me, the fields being very dry, and a pleasant and a usual walk, so our horses being gone, we went the usual footway which goes just by Sir Hugh Caulveleys gate, and no sooner were we come over the stile, but (contrary to my expectation,) I perceived Dod coming towards us, who might easily have got out of the way if it had pleased him: but he came vapouring with a great staff in his hand purposely (as I thought then) to outdare me: but since that time I heard that he had been to visit some friends in the country, at a town called Hanley, some two miles from Sayton▪ which was more than I knew at that instant, but seeing him so armed I drew my sword thinking to get betwixt him and the gate, and so to have carried him away with us, and to have sent him safe up to London, from whence he broke prison: but we both being something near the gate, we strove for it, and it was my fortune, the truth is, first to get under it, and Dod finding that there was no going back, without danger of being carried away, made him as it seems resolve to make his way, thinking his Master's house his securest place, and without delaying any time, he up with his staff & laid at my head as hard as he could drive; but I bore it off with much ado, although my sword was extremely bend with the blow, as Peter Harris Sir Hugh Caulveleys groom can witness that he saw my sword bend, although he saw not the stroke, for Dod struck at me before Peter Harris or any other came in sight, and after I had received his stroke, I struck at him again, and hit him either on the head or on the arm, I know not well whether, but we closed and so fell down together, he holding me by the 〈◊〉 of the head, as I can prove by a friend of his, unto whom (since that day) Dod made his brag● how he then beat me, and plucked me by the hair. I desired him then to loosen his hands out of my hair, but instead of doing it, he cries out for help; there being divers servants and workmen about the house, and the Town close by, which were most of them Sir Hugh Caulveleys Tenants. The servants and workmen instantly came to assist him, which the two Gentlemen that were with me perceiving it, the one thinking to make him lose his hold, shot a pistol at him, that was only charged with beaten Pepper; but that would do no good, nor make him let go, and the other Gentleman finding an absolute necessity of our getting away, he clapped a pocket pistol to Dods Buttocks, that was only charged with hailshot, not with any intent to kill him, but only to frighten him, so as to make him lose his hands from my hair, which Dod did as soon as he was shot, so I and my two friends hastened away, (as it concerned us so to do) for the servants and workmen that were about the house (as it I heard afterwards, and as I did then suspect) came with a fowling piece, and divers others arms, for to assault us, if we had stayed never so little longer; At my coming away I took up Dods staff, and carried it away with me, and I left my own Cane and my hatband behind me: and before we got to our horses, we could hear divers cry, you Rogues, Rogues, come back if you dare; and indeed we having no desire to be beaten, rid away, and resolved to let them call us what they pleased: It was (upon my salvation) not my intention to kill him, and the world may easily judge that I might as easily a thrust him with my Rapier, as cut him; Dod having first assaulted me with his staff, and if it had not been for my sword, he might have knock out my brains, so violent a blow he made at me. Besides, if we had intended to kill him, we should have charged our pistols rather with bullets, then with beaten pepper, such small shot as would hardly kill a sparrow, and for the Gentleman that did it, he never saw Dod before that time, nor if Dod were living, do I believe could he know him again, if he should meet him: Therefore it could be no intended malice in him, having never spoken to him, or seen him before, and how a Jury can find this murder, I admire, for England is not a country to hire Braves for to kill men, or if it were, doth any body believe, that any Gentleman would undertake so wicked an employment, that is both odious to God & man? nay in Italy itself where Braves are used, what are they that do it? only the scum and rascality of the people, and I hope no English man has the heart to think, that a Gentleman (upon any terms whatsoever,) would undertake to murder a man without any occasion given him: And indeed it grieves me to find that our English nation affords such a crew of perjured villains, I must needs term them so, having no more colour or ground for their verdict, but what you see in this paper: I find the English proverb verified, that is, Like master, like man; and indeed their Land lord, Sir Hugh Caulveley is a most notorious one, as I can make it appear by divers, which have heard him (as well as myself,) swear to any thing almost, and perform nothing; and I cannot but pity these ignorant tenants of his, who it seems think themselves bound to swear any thing that their Land lord would have them to do. And I have heard Sir Hugh Caulveley often say, that a man should never be powerful in his country, unless he would keep knaves about him, to swear for their ma●●ers advantage. And more he said to me, that he had divers which for Rockmyjock (as Sir Hugh Caulveley terms it,) which is money in his English, that would swear almost any thing he would have them, and indeed I believe that either his Rockmyjock, or promises, if not performances of leases, were not spared for the obtaining of this Jury and Verdict. I and the Gentlemen which were with me, were so fare from thinking the wound mortal, that we stayed in the country a week after this accident happened, nor did we think it possible he could die of that hurt, or else we would have got our friends so to look after the business, that Sir Hugh Calveley should not have packed (as he did) a Jury of Devils, to accomplish his abundant malice against me; when james Dunne, who is both a tenant and retainer to Sir Hugh Caulveley, came and told me on Sunday at noon, being the 30 of January 1648. that the day before, being Saturday, Dods father came to his house, and told Dunne that the Surgeons told him that his son could hardly live till the next morning. But withal, Dods Father told james Dunne, that his son had cleared Mr Griffith, and that it was not he that had killed him, but that it was one Lieutenant Davis that did it; but withal, he said that his son forgave us all. Then how can they make it wilful murder, when Lieutenant Davis never saw him or spoke to him before that time, nor ever had any difference with him. But put the case that Lieutenant Davis had intended to kill him, do not you believe, that he (being a Soldier) would have rather shot him into the head, body, or belly, then into the buttocks, knowing certainly those parts to be more mortal places then the Arse: Therefore let the world judge how malicious and bloodthirsty Jurers those are, to give so unjust, and so unconscionable a Verdict as I hear they have done; God forgive them for it, for they extremely stand in need of it. When in the first place you may perceive by what I have here set down, how that Dod and his Master Sir Hugh Caulveley endeavoured several ways to mischief me, if not to take away my life. Secondly, how that I did not turn the point of my Rapier against Dod, as it was in my power, although I was first assaulted by him, and last of all I beseech you consider that Dod acquitted me of his death; upon which considerations and divers others it is easy to conclude how extremely I suffer by the partiality of a simple Jury, consisting of fearful Tenants, swayed by the influence of a Landlord to abandon their honesty to my disadvantage: Thus much I thought fit to publish for my Vindication, and for satisfaction not only of my friends, but of all other people of honour and honesty, as I doubt not there are many that will peruse this paper with an impartial eye, and will afford me a just if not a favourable construction, which is all that I desire or crave at their hands. JOHN GRIFFITH of Llyne. March 12. 1648. The Reasons of my going out of the Country, were these: First, the sickness being at Chester, it was uncertain when the Assizes would be, there being none a long time before, nor any speech, or likelihood of any, when I came away. Secondly, The Accident happening under Sir Hugh Caulveleys gate, and amongst his own Tenants, I knowing him to be so malicious a villain, that I was sure that he would (if it were possible) pack a Jury, and make it unbaylable, as I hear he hath done; which Verdict (if the Act had been done in any other place) I am confident would not have given so, nor was it likely that any (but either he or his Tenants) could have done so unjust a thing. Then let the world judge, whether I had not reason to secure myself, until I could have a certain time of trial, rather than to lie in prison (God knows how long) and so to be subject to the malice of Sir Hugh Caulveley, who is a man, that has neither Honour, Honesty, nor Conscience, as all they that know him can justify, as well as myself. Thirdly, Sir Hugh Caulveley having made his brags, that he would sell his house (called Llee Hall) nay part with all his whole estate, rather than not to be revenged of me. I beseech you therefore consider, whether I had not reason to take care of myself and to keep out of prison, lest during my restaint, he and my enemies at London (as I have divers and powerful ones too) might join together and so ruin me right or wrong; as they did almost once upon less ground or colour for it, and I know Sir Hugh Caulveley to be so arrant a Devil, that he will leave no way untried, rather than not to destroy me: for he sent his servant to one Master Bawl in the Country to desire him to join with him, to petition the Parliament against me: and why should not I as well suspect, that he will send up to London to those that are my adversaries there, and so make a strong party against me? which reasons indeed made me shun his malice for a while, until I could make it appear palpable unto the world, as I hope this relation will do; which (upon my salvation) is every ●ittle of it as true as it is possible for any thing to be related. FINIS.