1. THE first Question being , whether Hampden Ashfeild were a Trustee for Mr. Darrel , or for Sir Thomas Ashfeild , ( under whom Sir Jeremy Whichcott Claims ) Mr. Darrel did Assert , ( 1 ) That Sir Thomas Ashfeild , upon is Oath in the Court of Wards , Disclaimed all Interest in the Coal Farm ; whereunto Sir Jeremy Whichcott Answereth , ( 1 ) That Sir Thomas Ashfeild doth not Disclaim , but only saith , That he Claimeth nothing in the Coal Farm . ( 2 ) That Sir Thomas Swears in the same Answer , That Hampden Asheild was Real Purchaser . ( 3 ) That Sir Thomas Ashfeild did afterwards Swear in Chaucery , That Hampden Ashfeild was but a Trustee for Sir Thomas : To which Mr. Darrel Replyes , ( 1 ) That he Humbly conceives it is one and the same thing , for a Man to Disclaim upon his Oath all Interest in the Coal Farm , or to Swear he Claims nothing in the said Coal Farm , ; the Words Importing the same sense to every Mans apprehension , but to Sir Jeremy Whichcotts . ( 2 ) That Sir Thomas Ashfeild's Oath in the Court of Wards , where he Swears positively against himself , that he Claims nothing in the Coal Farm , is of much more avail than his Answer in Chancery , where he endeavours ( contrary to his former Oath ) to Swear up a Title to Himself . ( 3 ) That Mr. Darrel is not concerned to justisie every ill Action of Sir Thomas Ashfeild ; it being notorious to all Men , that Hampden Ashfeild could not be a Real Purchaser and Trustee of the same thing ; but desires it may be taken Notice of , that Sir Thomas Ashfeild Disclaimed in the Court of Wards , when things were fresh in Memory , Witnesses alive , and Sir Thomas in a thriving Condition ; but his Answer was put in , in Chancery many Ye●rs after , when his necessities had brought him into the Fleet , under the good Government of Sir Jeremy Whichcott .

2. Mr. Darrells next proof being the Oath of Hampden Ashfeild , who Swears in Chancery , That he was a Trustee for Mr. Darrel . Sir Jeremy Whichcott Replyes , That Hampden Ashfeild being a Prisoner , and near starving , was tempted by Mr. Darrel with some Money , and the hopes of Liberty , to depose in such a manner as he did : Whereunto Mr. Darrel Replys , ( 1 ) That Hampden Ashfeild did in several Answers in Chancery Swear the Trust to be for Mr. Darrel , some of which were Filed in the Court long before Hampden Ashfeild was a Prisoner , or any ways likely to be one . ( 2 ) How improbable is it , that Hampden Ashfeild being Sir Jeremy Whichcotts Prisoner , should be prevailed with to Forswear himself against the Interest of his Keeper . ( 3 ) Mr. Darrel denys the Charge as an Impudent Calumny ; the contrary being true , as appeared in Chancery by the Oaths of Captain Robert Bacon , and others , who deposed , That Hampden Ashfeild being upon his Death-bed , did very much desire he might not be prestred with Sir Thomas Ashfeilds Agents , who would have him go perjured to the Grave , in denying the Trust to be for Mr. Darrel , which he was resolved not to do . And for the Testimonies of Pitcher , Ellis , Buckley and Hancock , they were little regarded at the Hearing of the Cause , being persons of ill Fame , known Emissaries of Sir Jeremy Whichcott , and encounter'd by the Convictive Evidence of persons of unquestioned reputation .

3. Mr. Darrels next Assertion was , That Sir Thomas Ashfeild had frequently declared the Trust to be for Mr. Darrel : And Sir Jeremy Wichcotts Answer is , That he hath sworn the contrary : To which Mr. Darrel Replys , That Sir Jeremy Whichcott is very apt to forget what Sir Thomas Ashfeild did swear in the Court of Wards , when matters were fresh in Memory , and Sir Thomas Ashfeild at liberty , which is much more to be valued than what he swore when his Imprisonment , and other Necessities compelled him to be too obsequious to Sir Jeremy Whichcott . Not to add that the many Endeavours which Sir Thomas Ashfeild did use to surprise Mr. Darrel into a Release so soon as he came of Age , do but too plainly make it out what an Interest Mr. Darrel had in the Coal Farm .

4. Mr Darrels Fourth Assertion was , That the Decree made in Chancery in 1660. doth establish the Trust to be for Mr. Darrel : To which Sir Jeremy Whichcott Answereth , There was no such Decree : And Mr. Darrel Replyeth , Let the Record be Judg between them , and the Memories of all those Noble Lords , who had the patience to hear all the Decree read at the last Hearing of the Cause .

5. Supporsing it to be Objected , That Two Verdicts had found the Trust against Mr. Darrel , Answered , That one of the Verdicts was set aside for indirect practises in procuring a Jury ; and the other for Contradiction , finding that Hampden Ashfeild was a Real Purchaser as well as Sir Thomas Ashfeild : To which Sir Jeremy Whichcott saith , ( 1 ) Neither of the Verdicts were set aside . ( 2 ) It is no Contradiction : Whereunto Mr. Darrel Replys , ( 1 ) That the Rules and Orders of the Court do plainly shew , That the first Verdict was set aside for indirect practises , which were produced , and accordingly read , as the last Hearing of the Cause before the House of Peers ; which makes Mr. Darrel a little wonder at the Memory of Sir Jeremy Whichcott , as well as at his Ingenuity for endeavouring so very unluckily to reconcile the flat contradiction of the second Verdict .

The next Question being , How Mr. Darrel could make out any Claim to the New Patent granted to Sir Jeremy Whichcott .

Mr. Darrel did insist , That Sir Jeremy Whichcott having made his Application to the King , as an old Tenant , and receiving a benefit from the Crown , as an old Tenant , ( regard being then had by His Majesty , of the loss formerly sustained by the old Tenants ) the advantage as to that fifth part ought to redound to Mr. Darrel , who sustained the loss in the War time , and for whom the said Sir Jeremy Whichcott was intrusted , it having being the constant practise in Chancery , That if a Trustee of a Church or Colledge Lease will renew the same , with intention to apply it to his own advantage , yet the whole benefit thereof by the usage in Chancery , shall go to the person for whom he was intrusted ; allowance being only made to the Trustee , for his Expences in renewing the same : To which Sir Jeremy Answers , ( 1 ) That His Majesty in the new Grant had no Consideration of the old Tenant . ( 2 ) That the Argument does not any ways Conclude from the usage of a Church or Colledge Lease , to a Lease made by the Crown : To which Mr. Darrel Replys , ( 1 ) That it is Evident by the proof read in the Cause , that Sir Jeremy Whichcott did make his Application to His Majesty as an old Tenant , and upon that score did obtain his share in the New Patent . ( 2 ) Mr. Darrel doth conceive it is most plain , That ( although the King is not any ways obliged to grant a Lease to an old Tenant ) yet if His Majesty shall be pleased to extend so much Clemency to an old Tenant , upon the very account of his being an old Tenant ; That in such Case the Cesty que trust shall have the benefit of it , and not the Trustee ; which is sufficiently warranted by the usual Course of Chancery , and is so applicable to Mr. Darrels Case , that Mr. Darrel cannot possibly conceive how his Coursel should be ashamed of the Argument , seeing it is sufficiently known , that none of Sir Jeremy Whichcotts Councel did ever give any tollerable Answer to it .