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Penistone Whalley, one a deputy licutenant, and both justices of the peace of the county, persuaded him all they could, yet no reasonable thing could be obtained from him, till I, growing as reso. lute as he, was dispatching a post to the Marquess of Newcastle, to intreat a countermand of his barbarism, who would have forced me on horse-back when I was so ill that I could not have ridden one stage, without manifest hazard of never being able to ride ano. ther. At length, by the renewed civil interposition of Mr. Cooper, he was overruled to condescend, that, some of the horse appointed for my guard being come in, I should go with thein to my own house that night, and there expect the rest the next morning. This contest ending about sunset, the twenty-ninth day I was brought out of Newark, and the coach overthrown and broken in the night, so that I was forced to stay the next day at Outhorp to mend it, and, on Saturday the thirty-first, was brought to Stam. ford where I would have rested the Sabbath-day, but, they not suffering me, on Tuesday the third of November, I was brought to the crown in Holbourn, and the next morning received by Mr. Leke, and immediately carried, with part of the guard that brought me up, to the Tower of London; and, by the same Mr. Leke, now Sir Francis Leke, delivered there a prisoner, by a warrant signed by secretary Bennet, bearing date the twenty-fifth of October, wherein I stood committed close prisoner for treasonable practices, although the secretary had never seen nor examined me, nor any other magistrate, to know whether or no I could clear myself from the charge of treasonable practices, if there were any such given against me.
On Friday, November the sixth, I was sent for by secretary Bennet to his lodgings at White. Hall, which was the first time I was examined, and the questions he asked me were,
1. Where I had lived these four or five months ? I answered, constantly at my own house in Nottinghamshire. 2. What company used to resort to my
house? I told him, none, not so much as my nearest relations scarce
ever saw me.
· 3. What company I frequented?
I told him, none, for I never stirred out of my own house to
He said, That was very much.
Whether any messages had passed from him to me, or mo to him?
I answered, None at all.
5. Whether none had ever moved any thing concerning a re. publick to me?
I told him, I knew none so indiscrect.
7. Where I went to church to hear divine service, common. prayer?
I told him, No where; for I never stirred out of my own house.
To which I answered, sir, I hope you will leave that for me to account between God and my own soul.
He then told me, I had cut him off of many questions he should have asked me, by my answer to these, and I might return.
So I was sent back again to the Tower, with two of the war. ders which brought me thither to guard me.
Not long after, at the same time, when Mr. Waters, who was brought prisoner to the Tower out of Yorkshire, was sent for to Whitehall, I was also in very great haste carried thither; but with a stronger guard, and greater formality and strictness, than before; for now I had not only the Deputy-lieutenant, and my own keeper, but a guard of musketiers by water with me; and, when I came to land at Whitehall-stairs, there was ready an officer, one Mr. Andrews, to receive me, who, with a file or two of musketiers, car. ried me to Sir Henry Bennet's lodgings, and there I observed a great deal of care to place the guard at the outward door in the court, that none might peep in, except some few gentlemen, who were admitted to stare me in the face, none being in the room, except Mr. Andrews and myself, for a long time, till at last my keeper thrust in. In which room I thus stayed two hours, con. cluding that I should now be confronted by some accuser, or at least have an examination more tending to treasonable practices than my first seemed to do, especially understanding that Mr. Waters had been some hours before in the house, and was yet there; but, at last, out comes Mr. Secretary Bennet, who calling me a little aside to the window, from Mr. Andrews and my keeper, says, “Mr. Hutchinson, you have now been some days prisoner,
have you recollected yourself any thing more that you have to 6 say, than when I last spoke to you?
To whom I answered, That I had nothing to recollect, nor more to say.
Are you sure of it? said he.
And accordingly I was carried by the same guard back again to the Tower, where I have ever since been kept close prisoner, with all imaginable strictness, to the ruin of my health and all my affairs.
After Michaelmas term had thus past, in the beginning of Can. dlemas term, I sent my wife to Sir Henry Bennet, to acquaint him what infinite prejudice this close imprisonment was to me, by reason of a mortgage upon my estate, and the advantage that my tenants and all other people made of my close restraint, which hin. dered me from speaking to my lawyers and others, that it nearly concerned me, to treat with, about my affairs; but the secretary told her, that I was a very unhappy person, in regard of my for. mer crimes. To which she answered, she esteemed me very happy, in that I was comprised in the act of oblivion; but he, with a doubled reflexion on my former crimes, notwithstanding she had put him in mind of the act of oblivion, said, He should not move the king to allow me any more liberty, unless he could be secured, it might be more safe for his majesty, than he could apprehend it. After such a real necessity, as she made it appear to him, there was of suffering persons to come to me, to treat of the concernments of my estate, it booted her not, to urge the danger of my health, and all other inconveniences which I suffered by being forced to make provision for my dispersed family in three places, the intolerable charge of it, and the impossibility of procuring supplies, while I was kept thus. All this was neglected, and wrought no other effect, but to turn the undeserved oppressions, I groan under, into as unjust a reproach upon me.
I had not written this narrative, but that I understand, now, after twenty-two weeks close imprisonment in the Tower, instead of being brought to a legal trial or set at liberty, I am to be removed from hence to another prison; and though the form and date of the warrant of my commitment close prisoner to the Tower of London, compared with the day of my first being brought to town, together with the times and manner of my examinations by Mr. Secretary Bennet, did clearly let me see, how it was resolved I should be disposed of, before it could possibly be known whether I should appear guilty or innocent, if any accusation was given in against me, not having at that time, nor till some days after I had been close prisoner in the Tower, ever been examined by any man; yet it being still more manifest, by assigning me to a prison, in a place so remote from my family and affairs, and so dangerous to my infirm constitution, to say nothing of the intolerable charge, as that is, to which I hear I must go ; and indeed, neither this where yet I am, whilst I am close kept up, nor scarce any other isle or castle, that I know of, will be much less mischievous to me in those respects. I hold it a duty I owe to my own innocence, to publish this narrative, whether I be sent away, or stay in this prison, it being equally destructive to my life and family; leaving my blood, if thus spilt, and the ruin of my family, thus occasioned, to cry to heaven for that justice, which I am not thought worthy of here. And whilst I am yet suffered to breathe, having no other refuge on earth, putting up my petitions to the great judge of heaven and earth, as one not without hope in God, in the words of the prophet David, Psal. xliii. Judge me, O God, and plead my cause, &c.
John Hutchinson. From the Tower of London, April 6,
at Night, 1661.
ORDERS, LAWS, and ANCIENT CUSTOMS
By JOHN WITHERINGS, Esquire, Master and Governor of the Royal Game of Swans and Cygnets
London, Printed in 1664.
Quarto, containing sir Pages.
To the Worshipful John Witherings, Esquire, Chief Master and Governor of the Royal Game of Swans and Cygnets throughout the
Kingdom of England. SIR, Your Deputy, Master Loggins, hearing that I had some ancient notes of the
customs and orders concerning Swans, desired me, that you might have a sight of them; which I have sent you, together with certain precedents, or forms of commissions for keeping Swan-herds courts, and copies of ancient patents, which I received of a very honest gentleman, Master Edward Clerke, ot Line coln's-Inn, Esquire, Father to Sir Edward Clerke, one of the masters of the Chancery. These he delivered me, about eighteen years since; at which time Sir Lawrence Tanfeeld, Tate Lord Chief Baron, and myself bad a deputation, from Sir William Andrews, of that walk, which Master Loggins now hails from you. Master Clerke was before me; but, as I remember, he told me he had his deputation from my Lord of Buckburst, and not from Sir James Mervin. Howsoertr, the titles are truly by me transcribed, as I received them writien with his own hand. There are orders also printed, and yet somewhat differing from these ; which orders were made at one particular court, long ago: And, at a coort holden at Burford, in the County of Oxon, about fifteen years since, by the said Sir Lawrence Tanfeeld and others, some new orders were made, which, Sir Lawrence Tanfeeld said, were warrantable by the commission, and lawful to be made, where and when they were fit and necessary for the preservation of Swans; yet so, that those particular orders may be altered, upon occasion ; but the ancient customs, contained under the name of orders, may not. There bath been so little care taken, for preserving and publishing these ancient
customs, that they are not of all gamesters known; and your deputies commonly - send their servants among us, wiio, as they are niore or less covetous, so do they impose more or less upon us; and, when we, that are the ancient gamesters, oppose them, we have some contention. You shall, therefore, Sır, do well, if, comparing these with your other noies, you find them to serve generally for England, as well as for our River of Thames, that you give to all
your deputies, and to all commissioners, copies, that so all gamesters may know the certain customs, which are to be kept : And so I bid you heartily farewell.
Your loving Friend, From Alborne in Wiltshire,
John D'oyly. this goth of January, 1631.
The Laws, Orders, and Customs of Swans, taken out of a Book,
which the Lord of Buckhurst delivered to Edward Clerke, of Lincoln's-Inn, Esq; to peruse, Ann. Elis. 26. On the backside of which Book, it was thus intitled : Taken out of an ancient Book, remaining with Master Hambden, sometime Master of the Swans.
FIRST, If any person doth possess any game of swans, that
may not dispend kve marks a year of freehold (except the son of the king) the swans of every such person are forfeited to the king, 22 Edward IV.
2. If any person possess any game of swans, and hath not paid his fine for the same, his game of swans is to be seized for the king, till his fine be paid, which fine is six shillings and eight pence; and no man is to pay it more than once, during his life.
3. But, if any person, having no mark allowed him, have one or more swans given him, or have any land-bird sign-marked, he may keep them in the common river till the next upping-time with. out fine, paying the commons and other charges for the Upping.
4. If any person, having swans, either within franchises, or without, be attainted, his sways are forfeited to the king only, and not to any other persons whatsoever.
5. Also all swans, that are clear of bill, without mark or sign. mark, are the king's only, whether they be pinioned, or flying
6. Also all stray swans, which no man can challenge by his mark, those are the king's only; and they are to be seized for the king, and marked on the leg, but are not to be carried away the first year.
7. In all common streams, and private waters, when cygnets are taken up, the owner of the cob must chuse the first cygnet, and the pen the next, and so in order; but, if there be three, then the owner of the grass, where they breed, must have the third for the spoil of his grass, and pay to the king twelve pence for the same land-bird, saving in such places, where, of ancient custom, they pay less or more.
8. If an airy be led with one swan only, the half of those cyg. nets shall be seized for the king, till proof be made, whose the swan was, that is away; but are not to be carried away that year.
9. The master of the game, or his deputy, shall yearly come, at the usual days of marking swans in that stream, on pain of losing his fees during his absence; and he shall keep a roll, or standard. book, containing all the usual marks of that stream. He shall also keep a register-book of the number of every man's swans, and the place where they are upped; and shall likewise bring the book of the last year; for which every gamester is to give him, yearly,
10. Also the master of the game, or his deputy, is to have a penny for upping every white swan, and two pence for every cyg. net; and shall have his dinner and supper, and hay or grass for his horse, discharged by the gamesters every upping-day, except in such streams, where, by ancient custom, other composition is used.
11. If any man desire the master of the game to enter any note in his book, other than the notes due to be written, as aforesaid, or to take any note out of his book under his hand, he is to pay