TO THE PARLIAMENT OF THE Common-wealth of ENGLAND, and every individual Member thereof. The second humble Representation of Capt. John Harris, In answer unto a Scandalous paper, lately exhibited in the name of one John Cox, pretended Agent of several Trustees mentioned in the Ordinance for payment of Master Pyms Debts. Prov: 28. ver. 21. To have respect of Persons is not good, &c. Prov. 23. ver. 3. To do justice and judgement is more acceptable to the Lord then Sacrifice. LONDON, Printed in the Year, 1651. To the Parliament of the Common-Wealth of England, and every individual Member thereof. Right Honourable, WHen I considered the advice of the Wiseman, who gives caution not to answer a fool in his Folly lest we be like unto him; I had resolved not so much as to take notice of a late lying scandalous paper, entitutled, A true Confutation of a false Representation, of one that calls himself by the name of Capt. John Harris, published in the name of one John Cox, Agent to several Trustees for payment of Master Pyms debts,( although the Gentleman was ashamed to affix his hand thereunto, as by the said paper appears.) Yet when I considered that by the said Paper not onely my own innocency was arraigned and unjustly sentenced, but also the Interest of the Commonwealth apparently subject to prejudice, and that I( having so far traced the proceedings of the said John Cox) had a possibility of repairing the one& preventing the other, by a timely discovery of the strange Fallacies, and scandalous suggestions of the said John Chx, who thereby hopeth to prevent my endeavours of procuring an equal discussion of several matters of Fact, wherein the honour, justice and Interest of the Common-wealth is eminently concerned; I say the consideration thereof constrained me once more to put pen to paper, and clearly and ingenuously, according to the utmost of my skill, so to state the Case, that every eye may judge whether what I have endeavoured be for the advance of my own Interest, as in the said paper is falsely suggested, or for the advantage of the Commonwealth. In the first place instead of a confutation he comes in with a scandalous calumniation, suggesting that the Representer appeared onely for the Interest of Papists and Delinquents( but names none) neither dare he, lest he should be put to as much trouble to prove it, as he hath been to give his two various accounts upon his own oath, concerning the estates trusted for Payment of Master Pyms debts. But certainly the Gentleman mistook himself when he thought his crying out against the proceedings of one, that he would fain have the world believe, to be a Papist, thereby to create a prejudice against the Representer and the things Represented, should be any enducement to the persons of Gravity and honour by him mentioned, either to believe him, or condemn me, until they had heard both parties, and examined the matters of Fact; and therefore in my opinion he might well have spared that labour. For I humbly conceive, if I were a Papist in arms myself, and should offer any thing unto the consideration of Parliament, that tended unto the advancement of the Interest of the public, it would not be so much considered what I was, but what I purposed; in such cases, the things, not persons, being to be respected. But suppose the Case were as the Gentleman would have it, nothing would accrue thereby to his benefit: for if the Estate of Thomas Morgan and John Preston were settled for payment of Master Pyms just debts, certainly those debts must appear, and be duly proved, and not Master Cox left at liberty to bring in eight or ten thousand pounds debts of the Lord says, the earl of Manchester, Sir Benjamin Rudiards, who is one of the trustees, and others. And suppose all the Debts claimed were admitted, yet the trustees must onely enjoy Morgans and Prestons, and not the estate of any other person, whether Papist, Delinquent, or both; For certainly the Parliament as they were just in saving the Right of all other Persons, then the Heires, Executors, Administrators or assigns, of Morgan and Preston by their Ordinance for settlement; So they will be just in making it good. And truly I apprehended that my endeavours, if any such have been, to preserve the honour and justice of Parliament, although as is pretended unto an enemy, will not by any unprejudiced uninteressed person be looked upon as a disservice. But further, I would fain have the Gentleman unmask himself, and tell me this Papist and Delinquents name, and then I should be able to speak to the purpose; For now I do but guess at his meaning. I remember once at Haberdashers-Hall the Genleman to hinder my endeavours of calling him to an account, did suggest that I only appearded on behalf of one Sir Anthony Morgan, whom he then suggested to be a Papist in arms, but Mr. Rich being council for the said Sir Anthony did clearly disprove that his scandalous suggestion by the produce of a Certificate under the hands of Josias Barners, one of the Commissioners& Justice Lowther, of his having taken the oath of abjuration, the truth whereof Mr. Cox knows well, and yet contrary to the light of his Conscience will proceed in such his calumnations; But this is only matter of supposition, and therefore until the Gentleman make a particular discovery, I shall as to that be silent: But to proceed, the Gentleman in the fifth pag. of his Paper, endeavouring to wave the order of Parliament of 13 Feb. 1643. which ascertained Mr. Pyms Debts to ten Thousand Pounds, and takes upon him to give you the reason of Parliament for leaving the debts at an uncertainty in the Ordinance; to wit, because the Debts were great, and the Greater, for the interest growing between the time of the said Order, and passing the Ordinance, which was about two yeares after; But he had forgot to tell you that Sir Benjamin Rudiard received three half yeares Rent out of Morgans Estate, between Feb. 1643. and Ian. 1645. the time of the passing the said Ordinance, so that the Debts might have been lessened, if he and his good Master had pleased; as also that the Children of Mr. Pym received several sums out of the Revenue for their maintenance before and since the Ordinance; as will appear by certificate of Mr. Cosins, Secretary to the Committee of the Revenue. And a little further he tells you that the greatest part of these Debts were contracted by Mr. Pyms neglect of his own private estate for the service of the Common-wealth. Now although I do honour the memory of Mr. Pym, and aclowledge his faithful industry on behalf of the public, yet I must be bold to tell the Gentleman that in this he hath greatly abused the truth, and for proof thereof shall quote Mr. Sherwins Report, by which it appears that of all the debts challenged( some whereof have been owing ever since Jan. 1622. May 1631. and so upward to 1640) there hath not been above two thousand two hundred pounds borrowed by Mr. Pym since the Parl. sate, and the Lord Say, Lord brook, the earl of Manchester, Sir Benjamin Rudiard, or some one or more of them are parties to some of the said Debts too; but Mr. Cox is a confident affirmant, though he hath a treacherous memory; and cannot make his tales hold well together. In the next place in answer to my allegation that the Debts of Mr. Pym were not proved: He flies to his sanctuary the Report of Mr. Sherwin, whose name he sets down with an Emphasis for his greater Glory; says he, it appears by the Report of Mr. Auditor Sherwin, that the greatest part of them are proved, and the rest are ready to be proved, before the Honourable Committee nominated by the Parliament, for taking the accounts of the said Trustees. But truly I shall join issue with Mr. Cox upon this account, and tell him that notwithstanding all his mincing of the matter, not one of the Debts are proved, either as was required by the order of Jan. 29. 1650. or by the Order of the 18. of March, 1650. or as they ought to be in justice and equity. Next he endeavours to shuffle off that material allegation of mine in my Representation; To wit,( That the Debts and Interest charged in Mr. Cox his account to be paid, did not appear by any of the Creditors examined,) with saying the Creditors were not axamined to that point, and that the money charged to be paid in the account was to other persons not there produced. If it be true as he says, I must be bold to say there was the greater partiality or negligence. For the Order of March 18. 1650. did enjoin the Interrogating the Creditors, not onely what was due, but what was paid, and by whom; for that it was possible Mr. Pym in his life time might pay all or part of many Debts now challenged to be due; and it was also ordered that Mr. Cox or the Trustees should ascertain and prove all Mr. Pyms Debts, and not to take some and leave some, and Mr. Brewerton did draw up Interrogatories according to the said Order, and sent them to Mr. Sherwin to examine the Creditors to that purpose; and I cannot believe Master Sherwin did omit so material an examination, so much concerning the benefit of the Common-wealth, and those persons who were not produced, to whom he pretends to have paid his account, ought by the said Order to have been produced, if any such Creditors had been, which giveth great cause of belief, there never were any such Creditors in being, and that the 5171 l. remaineth as cash to be accounted for by Mr. Cox to the Commonwealth; but Mr. Coxes seeming confident reliance on the mentioned Report, and his affirmation of being ready to prove the remainder of the Debts, are but Reeds, which will stand him in little stead, they are but Cobweb Lawn, and the mystery is seen through, for I would have all rational men to judge, wherefore the Parliament should be troubled to take care of this particular Case, which was under the Consideration of those which they had made proper judges, and by whom such pains had been taken to find out the truth of the Case, that by their Report( if need had required) the Parliament might have been truly informed. I say I would fain have Mr. Cox tell me the reason, for I cannot fathom it, only to me it appears that it was done out of design to prevent the Commissioners farther search in the business, whose critical examination he could not endure with safety, and therefore found out this way by some subtle suggestion or other to engage the Parliament to transmit the examination thereof unto a Committee, altogether unacquainted with the proceedings that had been thereupon, thereby hoping before any were ware to get himself free of the account, and secured in the execution of his fraud and oppression. As to his flourishes concerning the valves of the estate and his improvement, together with what he hath received and paid, with the extravagancy of his and his fellow Agents accounts, several sums of the Common-wealths money being charged upon account for the leaping of Mr. Pyms mere, and for Ale and Tobacco for Mr. Cox and the like, all these things being matter of Fact, I shall refer them to the examination and judgement of the persons entrusted therewith, onely for the better satisfaction I will propose a few things to consideration, and then referring myself unto my Representation formerly exhibited, humbly submit myself unto your graver judgements. 1. Whether it be not just and equal that the Debts of Mr. Pym should be proved to be his proper Debts, as also when and how they became his Debts, and whether any of them were paid by him in his life time? 2. Whether it be not reasonable where the earl of Manchester, the Lord Say, Sir Benjamin Rudiard, or any other stands bound together with Mr. Pym, that they should prove Mr. Pym to be the principal, either by witness upon oath, or the produce of Counterbonds? 3. The Parliament having settled the Interests and Estates of Morgan or Preston only, which they had 1641, for the payment of Mr. Pyms Debts, and by their Ordinance saved the Interest of all persons other than their Heires, &c. If any other person have a legal title to all or any part of the premises, whether is it for the advancement of the Honour, Justice, or interest of Parliament, that the said Cox. &c. upon pretence of the Ordinance should detain the said Estate? For if the person claiming be as he suggests a Papist and Delinquent, although his Estate be forfeit unto the Common-wealth: yet it appertains not to the Trustees either in right of Sequestration or sale, they being to enjoy no more then by their Ordinance is settled. 4. Whether it be not rationally to be expected that Mr. Cox( who hath already exhibited two various accounts upon his oath, besides several other papers under his hand absolutely contradictory to one another,) should be forced to make other proof of his receipts or disbursements then his own oath? 5. Whether( considering that Mr. Cox will not discover the true value of the Estate settled) It would not conduce very much to the clearing of the truth and securing the Common-wealths interest, to have a Commission executed for discovery of the true valves, and what he hath levied thereupon, for I conceive the Trustees affirmation that they have received no more, can be no discharge to Mr. Cox, who hath or might have received more; having enjoyed the Estate six yeares, being acknowledged to be of the value of 2480 l. per an. besides Wood and Timber sold; which if examined will amount to a considerable value. 6. Whether the produce of several specialities pretended to be discharged by Mr. Cox as Mr. Pyms Debts, the same not being proved, can be admitted as a sufficient discharge, for five thousand and odd pounds by him received and charged as paid in his account. 7. Whether Mr. Coxes pretence of having paid several great sums of Money to Charles and katherine Pym, one whereof hath been long dead, and the other remaining in the Antego Islands,( of which Mr. Cox will take no notice) whether I say that shall be allowed, as part of their portions, paid them while the Debts are unpaid, and the interest increasing to above five thousand pounds, all which is charged upon the State. But not to trouble you further, I earnestly desire all those to whose hands this paper shall come, seriously to read the same, together with the Representation formerly published, and then judge whether what I have done or do in the premssies do not tend visibly to prevent the fraudulent proceedings of the said John Cox, and securing the just interest of the Parliament. As for his great outcry of my appearance for Papists, and Delinquents; it signifies nothing until it be proved, and if proved, I humbly conceive the justice of Parliament ought to be as tenderly preserved to them as any other; and I in endeavouring the same am no way culpable. For my part I scarce know Mr. Cox or any other person concerned, neither have I any personal prejudice against them: but since I have come to the knowledge of their proceedings, I did conceive myself obliged to make a discovery thereof, and by Gods blessing am resolved to pursue the same, until I shall obtain an equal hearing; and I doubt not but in the end, were his Masters and Friends my Judges, it would really appear that his Agency hath been detrimentall both to their honour who trusted him, and to the Common-wealth; and that the Gentleman who calls himself by the Name of Capt. John Harris,( as he conceives he justly may do, having since March 25. last past as a Captain expended of his own Estate above one hundred and threescore pounds for advancement of the public Service) will appear as he hath since the beginning of the late war,( wherein he hath faithfully served the Parliament in matters of greatest Consequence) a real Servant unto the Honour, Justice and interest of the Parliament, to whom he is resolved to adhere to the Hazard of his life and estate, when such Flesh-flies as his Calumniators, who love them onely for what they can suck from them, will hid their heads, or by a conjunction with their enemies manifest their malignity. Time will evidence all things, and there is a good God that judgeth the intention, and will lay open the Hidden Secrets of the heart, to him I appeal, on him I depend, well knowing that the hearts of Rulers and Judges are and shall be framed and disposed for the accomplishment of his end, viz. The impartial execution of justice, without respect of persons. Lambeth Marsh, Aug. 1651. In the assurance whereof I am bold in all humility to subscribe myself, yours, and the Common-wealths real servant to my power, JO: HARRIS.