deserv'd 200l. per annum Sallary, and that the Participants Lands ought to be charged with paying it, and with Indempnifying him in what he had acted legally in that Service. The Referrees Reported, 22 Sept. That they had considered of his Services and Sufferings as their Collector, and found, that the Dangers and Difficulties he had been expos'd to thereby, had been very great; Insomuch that as no person could be found out, that would undertake that Imployment, but He; so since his Authority had been repealed, no person could be found out that would undertake to execute the same. That they found he did reduce the 7400 Acres to the due Obedience of the Court, and might so have continued to this day, but that since the said Repeal they were revolted to their Disobedience: And that they conceived he ought to have 2001. per annum Sallary; and to be sav'd Harmless for what he had legally acted as their Officer.

Several long days were given by the Court to the Participants to except what they could against this Report, and his Accounts: And publick notice was given to all persons to bring in a Charge against him. But the Gentlemen of Honour in the Commission being tyred out with the peevish opposition which Mr. Bradborne and his party in the Commission made against them, certified the same to the Lord Keeper, whereupon his Lordship turn'd them out of the Com1669. mission, and prevail'd with the Marquess of Halifax to meet the Jan. Dis-interested Gentlemen in the Commission, and dispatch Mr. Reading's Affair.

1670. The Gentlemen upon receipt of two Letters from the Lord 9 Aug. Keeper, met at the time and place appointed, and the Marquess with great Generousness met them likewise: And after perusal of the Records, and long Debates upon the opposition Bradborne gave, Captain Boynton, pretending Friendship to Mr. Reading, proposed to the Marquess, that he would meet with any of the Commissioners, and within three days prepare the Business for the final Judgment of the Court; And the Marquess believing him, advised Mr. Reading to Refer it to the Captain, and Captain Wesby on the behalf of the Participants; and to Mr. Serjeant Millington and Mr. Lyonel Copley for him, to state it, and Report; and Mr. Reading thereupon submitted to it, and the Court was Adjourned accordingly, and the Referrees met; but Captain Boynton, through the Power Bradborne had got over him, would not be at Leisure; and though Mr. Serjeant Millington and Mr. Copley, to the great prejudice of their own Affairs, attended above twenty Appointments; yet Captain Boynton either came not, or would not stay: And having bought an Estate in the Level of Mr. Valkenburgh, and wrote to Mr. Reading who formerly

had a Mortgage on it, desiring that he and his Wife would Levy a Fine thereof, and promising to give her Five Guineys, which by reason of his Injustice, she refus'd to do; at last he told Mr. Reading, That if he and his Wife would Levy the Fine, the Report should be finished, but not otherwise.

Mr. Reading for the redeeming himself from his Oppression went to Captain Boynton, and promised to do it; But then the Captain told him, that he would have him do it at his own Charges, and give him bond and Judgement of 500l. so to do, and then he would write a Letter, assuring that the Report should be dispatch'd, and Mr. Reading was forced to do this likewise; Captain Boynton then wrote a Letter accordingly: The Report was then Signed, and He and very many other Gentlemen met: The Court lasted two days, and 2133 IIS. 9d. was adjudged due to him on part of his Demands, 100l. thereof was order'd to be pay'd him: And the residue of his Demands order'd to be proceeded on the next Court after York Assizes then following.

1673.

22-23

Octob.

Mr. Reading expecting then the Remainder of that Money, and 1674. Judgment for the residue of his Demands; the Court told him, Their 23 Apr. Expenditor had no Money, and their Collector was getting the Arrears in, and several Peremptory Orders had been made for Leasing or Selling the Lands in Arrears; and they proposed to give him all the Arrears in satisfaction, with all the Powers for Levying them, which themselves were enabled to by Law, and advised him to consider thereof, and adjourn'd to a short day. Mr. Reading then went to Captain Boynton on account thereof, and gave him his reason against his accepting the same; but the Captain told him, That except the Fine was immediately Levyed, he would obstruct all; But if he would Post to London, and perswade his Wife forthwith to Levy it, he would write a Letter to meet him there, with great assurance of assistance from him: And the Letter was sent, and the Fine was thereupon Levyed accordingly.

2 May.

Captain Boynton and 13 Commissioners more met, and then 14 May. Arrears were proposed to Mr. Reading again, but he declaring the necessity he had of present Money to pay his Debts, and the opposition he foresaw in gathering the Arrears, refused to accept them, except they would give him some Money besides; and Captain Boynton being Angry thereat, declared, That he would make him. dance after them 14 years longer, and mounted his Horse to go away. And Captain Hatfield perswading him to accept the same, and undertaking Bradborne should pay his Arrears without any Trouble, and that he should have some Money given him besides ;

5 June.

28 Sept.

Mr. Reading being tyred out, and having Spent and being Damnified above 2000l. since he referred his Petition to them he submitted to it; and then Captain Boynton alighted and worded and wrote the Order himself, and put it in his Pocket; and Mr. Reading excepting at the words of it, Captain Boynton whisper'd him and desir'd him to come to his House, and assur'd him it should be to his advantage, and adjourned the Court.

Mr. Reading waited on Captain Boynton, and then the Captain flatly told him, that except he would give him another Bond and Judgment to forgive him above 300l. which those Lands he had purchased were in Arrears, he should have no benefit imaginable by the Arrears agreed on: But upon complyance, the Captain promised to be at next Court, and dispatch it to Mr. Readings advantage, and Mr. Reading was forced to comply with the Captain herein likewise : And then Captain Boynton met divers other Commissioners, and told them Mr. Reading was ready to perform every point of the Agreement on his part, and that it was most just that effectual Care should be taken that each Participant should pay his respective Arrears to him; or otherwise, that every one of their Tenants should be Distrained, and that a Decree should be forthwith drawn, and Sealed, to enable him thereunto; and the same was ordered.

The Decree was drawn, Captain Boynton perused it, and excepted to no Syllable thereof, but only added several words to make such Acquittances as Mr. Reading should give, more Effectual; and Mr. Reading gave the Captain such Acquittances as himself desired. The Decree was Signed, and Sealed, and Published.

Mr. Reading received several small Sums upon this Decree; But Captain Boynton having now got all he could from Mr. Reading, and resolving that Mr. Reading should not only have no further benefit of this Decree, but be enforced to expend much more than he received by it: Bradborne was in Arrears much above 400/. Feed him well, and by his Advice, thus it was carried on.

A Court was held, and Mr. Reading was then ordered to procure the Royal Assent to his Decree by a day appointed, and till then they suspended the Execution of it.

Mr. Reading Petition'd His Majesty for His Assent; and upon the Report of the Right Honourable to Lord Keeper, then Attorney General, That he had perused the Law of Sewers made on the behalf of Mr. Reading, and found nothing in it that might render it unfit to be confirmed by His Majesty, according to the usual form of such Confirmations, it containing only a Reasonable satisfaction to Mr. Reading for what was due to him for his Service to the Country. His Majesty was Graciously pleased to confirm the same.

Mr. Reading produced it at the day, and then Fil'd it in the Petty-bag.

Bradborne then perswaded Sir Robert Clayton and Mayor Wildman (the Duke of Buckingham's Trustees,) that this Decree would destroy his Graces Fee-Farm-Rent, and he prevail'd with them to Petition His Majesty therein, and His Majesty was pleas'd to require the Commissioners of Sewers to certifie Him the Truth thereof.

Sir Edward Nevil, Mr. Serjeant Millington, Francis Sandys Esq.; 18 Janu. Michael Wharton, and many other Gentlemen in the Commission, certified, That it was no way prejudicial to the Interest of the Level, or his Graces Fee-Farm-Rent, and that they had, (with Mr. Readings consent,) directed such a way for adjusting the Arrears, as none of the Tenants should have just cause to complain.

And Sir Edward Nevil, Mr. Serjeant Millington, Mr. Sandys, and divers 1675. other Gentlemen of Honour, certified His Majesty, That Mr. Reading 5 April. during the time he stood Collector, did very Eminently, and with much Difficulty, by himself and others, serve the Court of Sewers, and the Participants, exposing his Life frequently to great Hazards, Expending great Sums of Money therein, and having had many Troubles brought upon him by reason of that Service; that the Agreement aforesaid was made with him, and the Decree aforesaid was made to confirm that Agreement; And that they conceived it Just and Reasonable that he should receive and enjoy to his own use the remaining part of the Arrears, out of the lands in the present possession of the Participants, by reason of the Agreement; and that the destroying that Law, would occasion several Suits and Troubles to the Level, which they hop'd (after 14 years Controversy) would have been thereby determin'd.

Captain Boynton then advised to move the Lord Chancellor Nottingham for a Certiorari to remove his Decree; But his Lordship refus'd it.

Sir William Jones then moved for one in the Kings Bench, and 'twas granted; (And upon the Exceptions he took to the Form of it, though Mr. Reading's Councel insisted on't that the Commissioners are not ty'd up to Formality, but by the Statutes may and ought to proceed Secundum æquum & bonum, and after their Discretions ;) yet the Court quashed the Decree without Impeaching the Agreement, and made a Rule, That the Commissioners should, and ought to do what was Just to Mr. Reading, notwithstanding their Certiorari.

Sir Edward Nevil, Mr. Serjeant Millington, and several other Gentlemen of Honour and Dis-interested, Ordered the Expenditor to pay Mr. Reading 100 l. in part of the Moneys adjudged due to him, and Adjourned to the 20th of August.

15 July.

17 July.

20 Aug.

3 Jan.

Honest Captain Boynton within two days after gets five more in the Commission to him, and they Repeal that Order.

Sir Edward Nevil, Sir William Hickman, Mr. Serjeant Millington, and divers other Gentlemen of Honour, having advised with the Judges thereupon, order the Repeal of Captain Boynton and his Youths, to be void, and declar'd it contrary to Law.

And several Orders were made for paying Mr. Reading the 100%. under several Penalties, Captain Boynton being present.

But Captain Boynton rally'd his Party, and then being strong enough, Repeal'd all Orders for paying Mr. Reading any more Money, and Ordered the Expenditor to pay him no more Money, and Ordered Mr. Reading to account to them for what Moneys he had received upon the said Decree.

Mr. Reading being thus Treated, Exhibited his Bill in Chancery against the Commissioners to have Execution of their Agreement with him. Captain Boynton advised to Demur to the Lord Chancellors 1676. Jurisdiction over them, they being Commissioners by Act of Parliament, and Promised that their Charges should be born out of the publick Money; and they did so.

26 Apr.

8 Octob.

His Lordship upon arguing the Demurrer, respited his Judgement, and recommended it to the Commissioners before the first day of Michaelmas Term following. Either to perform the Agreement with

Mr. Reading, or to give him other Satisfaction.

Captain Boynton, Captain Hatfield, Mr. Michael Wharton, and the rest of Captain Boynton's Party being served therewith, held a Court; and upon hearing Sir Thomas Stringer of Council with Mr. Reading, and reading the Records and the Lord Chancellors Order and Debate, the payment of the 100l. was again confirm'd. And a day set for proceeding further thereupon.

Mr. Reading foreseeing the Obstruction he should then meet with from the two Captains, gave them notice that he would move the 16 Oct. Lord Chancellor that they might not sit Judges in their own Cause;

And upon the 16th of that month his Lordship being moved therein, did again recommend it to all the Commissioners to give Mr. Reading satisfaction, and did recommend it likewise to the Defendants Boynton and Hatfield, and all others out of whose Estates the Moneys already, adjudg'd due to him, and such as should be adjudged due to him, were to issue: That they should not sit or Vote in that Affair hereafter, but leave the same entirely to the determination of the Dis-interested and Impartial Commissioners.

Mr. Reading returned, and served them with that Order; But notwithstanding they did sit, and obstruct, and order'd the unravelling all that had been settled before.