33 G LETTERS FROM BIRCH. 



knowledge broken any order made by your lordship con 

 cerning the trust, either for the payment of money, or 

 assignment of land ; yet, by reason of my close imprison 

 ment, and the unusual carriage of this cause against me, I 

 can get no council who will in open court deliver my case 

 unto your lordship. I must therefore humbly leave unto 

 your lordship s wisdom, how far your lordship will, upon my 

 adversary s fraudulent bill exhibited by the wife without 

 her husband s privity, extend the most powerful arm of 

 your authority against me, who desire nothing but the 

 honest performance of a trust, which I know not how to 

 leave if I would. So, nothing doubting but your lordship 

 will do what appertained! to justice, and the eminent place 

 of equity your lordship holdeth, I must, since I cannot 

 understand from your lordship the cause of my late close 

 restraint, rest, during your lordship s pleasure, 



Your Lordship s close Prisoner in the Fleet, 

 Oct. 28, 1617. FR. ENGLEFYLD. 



To the Lord Keeper.* 

 My honourable Lord, 



I have thought good to renew my motion to your lord 

 ship, in the behalf of my Lord of Huntingdon, my Lord 

 Stanhope, and Sir Thomas Gerard; for that I am more 

 particularly acquainted with their desires ; they only seek 

 ing the true advancement of the charitable uses, unto which 

 the land, given by their grandfather, was intended : which, 

 as I am informed, was meant by way of a corporation, and 

 by this means, that it might be settled upon the school 

 master, usher, and poor, and the coheirs to be visitors. The 

 tenants might be conscionably dealt withal ; and so it will 

 be out of the power of any feoffees to abuse the trust; 

 which, it hath been lately proved, have been hitherto the 

 hindrance of this good work. These coheirs desire only 

 the honour of their ancestor s gift, and wish the money, 

 misemployed and ordered to be paid into court by Sir John 

 Harper, may rather be bestowed by your lordship s discre 

 tion for the augmentation of the foundation of their ances 

 tors, than by the censure of any other. And so I rest 

 Your Lordship s Servant, 



Theobalds, November 12. C. BUCKINGHAM. 



Indorsed 1617. 



* Harl. MSS. Vol. 7006. 



