Sect. 1. His carriage as a Servant.
THere is no way usefull for Man for profit or pleasure, but hath been by prudence and experience reduced to rules and me∣thod, which have been either published to the World for the benefit of mankind in general, or reserv'd in some Mens breasts for their own advantage in particular; the great way of ordering the several parts of our lives to such advantages as may arise to a competent estate, was peculiar to this Person, whose way and practice (as far as it conduced to the gaining of that vast estate) we shall set down for publick good.
In the Mone•h of September 1597. being admitted Clark (to a Person that for some reasons shall be namelesse) he allowed him, besides other accommodations, six shillings a week to∣wards his dyet; of this six shillings, he for a twelve Moneth together saved three and six pence thus: He usually appointed his Masters Clients to meet him at the Golden Lyon in Bell-yard in the morning, where it cost him little or nothing, and thence to his Master till Dinner time, and then with the same Clients Page 2 he went to an Ordinary, where he would never allow himself above a groat; he would usually say of himself that since he came from his Uncle, one Williams with whom he was inured to this closenesse and partimony, he never spent a penny idely upon any occasion, but either upon his own absolute necessities, or else in such Company where he was in actual pursuit of gain and advantage; for this seemed to be a maxime with him.
1 That whosoever gave himselfe to spend his money idely should find that thereby he disorder'd the method of his affaires, he weakned the strength of his mind, he lost those happy houres and opportunities of gaining more, he disappointed those that dealt with him, so that he had better give away six pence, then spend two pence; and this likewise he laid down for a rule, that that Man was open to ruine and destruction that was given to lay out money upon any Company or any other account upon hope without a cleer insight into that emolument he might have by it, and as much assurance as can be made within humane pro∣bability; and therefore he used to say that Men of a sanguine complexion, much given to hope, could never be rich, there being (as he observed) so much uncertainty in affaires, and so much deceitfulnesse in Men, that he would say, distrust or beg.
In some time (the Person we mention got by his care and good Husbandry) great credit with his Host in Fetter-lane, a very rich and thriving old Man, who admitted him to so much familiarity with him, and put so much trust in him, that he committed to him his accounts, and allowed him his dyet, with other faire advantages for his paines and care while he lived, and made him one of his Executors when he dyed; In that Will there was passed to the Executors for uses therein expressed, a certain House in Mile end Green cum pertinentijs; now one Killigrew laid claime to two Acres of Land, which these Executors reckoned among the pertinentia, but in Law Land never pushed with these words cum pertinentijs, but such things which properly may be pertaining, otherwise it had if it had been cum terris pertinentibus, then that which was used to it would have passed, but by the ba•e words cum pertinentijs;Page 3 without other circumstances to declare his intent, they could never passe, Plowd. Hill et Granges Case, 23 Hen. 8. 6.
But Mr. Audley (though a young, yet an able Person) finding that Mr. Killigrew claimed this estate as Brother to the Person to whom the foresaid Testator had devised his Land, defeated him of the said messuage, because there appeared no intent to make it an estate—tayl, but a fee-simple;— and besides Mr. Killigrew's evidence for other Lands depended so much upon the evidence that the Executors had in custody concerning the other House and Lands, that for fear of loosing the whole, he was forced to par• with this part.
In that 〈…〉 difficulty, the Testator had Lands of forty pounds a year mortgaged to him for seven yeares for four hundred pounds, to be paid him 24 April 1609 or he to re-enter, when he dyed, Audley at that time upon failure of the payment of the money, would have entred upon the Land, but the other pleaded that he had to do only with good Chattles, but Audley said by the Will he had all mortga∣ges, yes said the other all the money upon the mortgage, yes replyed Audley and the Land it self, in case the money be not paid; for it was the opinion of the Judges, Trin. primus Car. Rol. 1932. that these words all my mortgages made a good de∣vise of the Lands mortgaged.