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A30652 Colonel Joseph Bamfield's Apologie written by himself and printed at his desire. Bampfield, Joseph, fl. 1639-1685. 1685 (1685) Wing B618; ESTC R16264 58,236 72

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of Parliament under the penalty of high treason The last vote was relative to the first as before theise votes all most as soone as he was in the Isle of wight I had fownd out means of correspondence with him and of giving his Ma tie constant advertisements of all occurrencies which concerned him soe notwithstanding this danger of being punished as a traitour I continued it even to the last continuing to write to him and to receive letters from him both for my selfe and others the greatest part of his intelligence both with english and Scotch passing throwgh my hands whilest I remayned in England not without great hazard as may easily be conceaved which had it ever been discouvered no humane means that I sawe could have secured my head Sect. 86. Cromwell haveing as I have already sayd and demonstrated from tyme to tyme opposed and by his several artifices prevented all treaties as much as he possibly could and agreements betwixt the King and the Presbitereans by degrees wrowght the Earle of Essex Bedford and Manchester the Generall Waller Major General Massy Major General Browne and all those Military persons out of all employment whome he judged capable to bring any opstacle to his projects in some Kinde reduced the citty of London and jugled the King prisoner into the Isle of wight in the custody of Colonel Hammon one of his creatures he belived his game sure which was the sole reason why I ever declined all treaty or colusion with those people foreseeing clearly their ends and as visibly their ways to them even when the Generallity of the Kings party assured themselves that they would infallibly restore both him and them Sect. 87. My stedfastness in the contrary opinion and my endeavours against that gross delusion not prostituting my reason to other mens phantasies procured me many enemies with very severe sensures leading divers to a jalousie that I had rivited my selfe into that interest rather for my owne private ends then for his Ma tie service or for the publique behoofe of the Nation which most groundless and unreasnable credulity together with the animosities and calomnies which arose therefrom had prepared the way and facilitated my after mine all thowgh I solemnly and syncerely protest that I alone declined the one party as being unchangeably convinced that they designed his Ma ties destruction nor applyed my selfe to the other then by his commands and as things were in those tymes that I Could perceave no other means for his preservation Sect. 88. Upon advertisements I gave the King which I know he had from other hands of the foregoeing votes as likewise of what Cromwell and Ierton had sayd against him he sawe to late howe perfidiously they had jugled with him which first disposed him to treat with the Scotch and with as many of the Presbitereans in England as safely Could and would be treated with which evidently refutes that rediculous assertion of some whoe pretend to be the Kings frends that Cromwell and Ireton broke with his Ma tie because he treated with the Scots makeing the effect the cause it being notorious to all whoe had any transactions in and knowledg of the affaires at those seperate tymes that the King after the armies proposalls had no treaty with the Scots or any els till the votes of non adresses and unanimous protestation of the army to live and dye with the Parliament in the persuance of those votes and for the setlement of the Gouverment without his Ma tie and a little after the like was done by the Parliament to live and dye with the army for the same ends and which was the wonder of wonders the house of Lords Passed this resolution first with great zeal and sent it downe to the Commons for their concurrence whoe for some tyme opposed it vigorously till threatnings and fear caused many members to absent themselves soe that it was carryed in the affirmative by five or six vooices Thus the commons contended to preserve the Peerage for the abolishing of which the Peers themselves layd this fowndation which ensued in about a year after Sect. 89. Theise proceedings haveing been visible and his Ma tie no other recource for the gaining of his liberty with the preservation of his crowne and life came to a conclusion with the Scotch Commissioners whoe were permitted by the Parliament to repaire to the King about the Gouverment of their owne nation Sect. 90. The agreement with them gave such satisfaction that they engaged themselves to enter into England with an army as speedily as well could be and in order to conjonction with them severall treaties were secretly mannaged with the principall persons of the Presbiterean party In a Parliamentary way nothing Could be done with them nor by them because of the awe of the army and the incertainty of many amongst themselves whoe in divers debates voted with the contrary party Besides that the very late resolutions and protestations of both houses rendred all propositions of that Kinde vaine and exceeding dangerous in soe much that there remained no other way but to treat with them a part and with the greatest Privacy The result was that they should declare at the same tyme with the Scotch the Kings party being to joine with them Upon the Scotch commissioners leaving the Isle of wight his Ma tie was more severely guarded then ever Not with standing I had constant correspondence with him all or much the greatest part of his intelligencies either with the Kingdome of Scotland or England passed my hands not without great difficulty danger and expence When all these transactions were concluded the King sent me the following letter of credit to be communicated to as many of the Gentilemen of the Easterne assotiation as I should thinke fit with the advice of those with whome I had before treated The Duke of Lauderdalle did me the honour to deliver it me at his returne from Cairsbrook Castel and to let me know what was concluded betwixt his Ma tie and the sotch Commissioners Cairsbrooke Decemb 1647. SEct. 91. Gentilemen I have been long since advertised by Colonel Bamfield whoe I have often employed to you of your good affections to my service and since there may fall out in a short tyme an occasion wherein they may be usefull to me in the present condition I am it may prove inconvenient for me and to you dangerous that I should give you Particular directions under my hand I have left it to Colonel Bamfield whoe knows my affaires and has order to communicate to you as much of them as is necessary for the direction of your Councels and endeavours for the publique good of your country and for him whoe is Your most assured frend CHARLES R. For the Gentilemen of the Easterne association Jan. the 24. SEct. 92. I have received yours of the 17 present but have not as yet decypherd the other letters inclosed because I would first fiuish this despatch
assured that they would deal syncerely and moderately with me afterwards I should witsh te armies casheering but the very ill usage I receive as yet from them makes me suspect alle things that I can hardly resolue what is best for me to doe in such an unhappy conjoncture and shall deliberate a little longer however take you hence the occasion to let those see whoe say they are my frends how much more reasnable I am even according to their owne rules then the authors of theise desorders which can never be appeased unless they agree with me they know what will satisfy me but the botom of theise mens designes is not easily sownded upon the place where you are you know best how to urge this with the most efficacy According to the advice your next letter brings me I shall take my measures Send the inclosed to my wife and deliver the other your selfe to my Lord Dumfermlin and keep my correspondence with him secret farewell Your frend CHARLES R. Sect. 46. Upon the answer which I made to this letter which contained very many matters of fact of great importance betwixt the Parliament and army whose differences flew very high with the opinion of others as well as my owne there upon the particulars where of all thowgh to long to be Here Mentioned may be guessed at by the Kings answer which followes May the 16. SEct. 47. Monday last I received yours which put such thowghts into my head that I could not delay the dispatching my Message to the twoe houses for undoubtedly reason will be sooner heard by unreasnable men when they dispute whoe shall be master then when there is no opposition and certainly seeing many of those in the Parliament whoe pretend to be my frends make soe little account of what you have offered them in my name I can expect nothing from them but extremest rigour when they have no competitors for in the incertainty of their affaires they may judg me necessary but then useless What I send you now is no more then what you know allready touching the four cheif propositions and for the covenant I have Done as much as I promised them Cause my message to be printed and published all you can Make my excuse to the french Ambassadour for what he has written to me in his last is of soe little concernment that it is not worth the payns to answer it in cipher to him selfe Assure him from me that neither Dumfermlin whoe is now here nor any els saving you shall know what passes betwixt him and me Send the inclosed to my wife to whome faile Not to give an account of all that passes farewell Your frend CHARLES R. Sect. 48. I have many other letters from his Ma tie touching theise negotiations at that tyme not necessary here to be inserted for the end I propose to my selfe The Parliament had past an ordinance in both houses for the disbanding of the army which would not obey their refusall and proceedings there upon were very high and factions and out of the power of the houses to restraine their only force lying in their votes and orders which the other laughed at and dispised whoe haveing thus begun fownd themselves obliged to goe on or perish The Parliament was here at much alarmed and the wisest amongest them began to repent their haveing rejected a proposition which was secretly made to them and often urged with weighty reasons not to send the Scotch army out of England entirely and at once but at the same tyme to disband part of their owne and send away a like proportion of the Scots and soe by degrees make them selves quit of both But this was refused without aleaging any solid reason against it but only depending on Parlementary authority which they sayd the army would never dare to disobey they were likewise sorry they had soe long and soe much neglected the great advances which the King had made and told me plainly they would endeavour the passing of a vote in both houses for the Kings coming to London but that they apprehended the army there upon would seize upon his person before he could come thither Sect. 49. They desired me to write to his Ma tie to know his inclination I told them I would goe my selfe to a frends house within less then an hower from Holmby and would write from thence which I did all the same night post Arriving where I intended before noon the next day from thence I wrote I mediately to his Ma tie inclosing my letter in one to the Earle of Dumfermlin I acquainted him with the great danger he was in of being seized by the army to prevent which I saw no means unless his Ma tie would and could save himselfe by night in desguise and that I would have horses ready very neer the place to bring him to London where as affaires stood I was persuaded he might come to a reasnable accord on the fowndation of his Message The next morning he sent my Lord Dumfermlin to me whoe gave me the following lerter Holmby June 4. SEct. 50. Referring particulars to the Earle of Dumfermlin I shall only tell you that what you proposed to me by your letter of yesterday is quickly to be answered that ever since I heard of the armies refusal to disband I have often thowght of what you now propownd and am resolved not to fall into their hands if I can avoyde it I have sownded the commissioners about the expedient which you mention of escaping with them to London I have assured them to confirme my last message and to treat with the Parliament concerning the other things in question I have layd before them the publique danger as well as of my person in case I should be taken by the army all agree to it except two whoe say they connot Consent without order from the Parliament it being to betray their trust soe that I see no way to shun falling into the hands of the army if they have the designe to take me as soone as Dumfermlin returns I will try againe what may be done with those whoe make the greatest difficulty Expecting your answer this evening if I can put in execution by any means what you move you shall know my resolution speedily to which end you shall doe well to remain where you are farewell Your frend CARLES R. Sect. 51. My answer to this letter was very short haveing acquainted my Lord Dumfermlin fully with all things whoe had likewise himselfe received letters from some of the Scotch Commissioners at London which confirmed all I had written and savd and therefor concluded some thing was to be done out of hand for the Kings escape He named the twoe persons to me whoe opposed it one where of commanding the troupes which garded his Ma tie without him it was not possible to have been done The next morning in stead of receiving any advice from the King how I might serve him in
forces with all diligence in soe much that had the Scots but avoyded fighting for the space of one month which with great ease they might have done by the advantagious posts whereof in divers places throwgh which they had marched they Could have had their choise by a good entrenchment which at other tymes was observed they sufficiently understoode the forces of the four Provinces I have named would have in that tyme composed a solid body of an army more considerable for Nomber and in all other regards then that of the Scots amounted to Besides those of the easterne assotiation were fully and unanimously resolved to rife Cornwell Devon Somerset and Dorset the like and wanted only a month or six weeks tyme in sine the whole nation was prepared as to the same end and were in the way towards it when the strange and allmost wonderfull defeat of the Scots army by Cromwells not consisting of halfe their nomber broake all other measures which had been taken upon that fowndation by concert some months before As they had neglected what I have allready mentioned touching encampment soe when they came to fight as if there had been a fatallity both in the conduct and success they neither made use of the great advantages of their nomber their army haveing been soe ranged that the greatest halfe of their troupes never came to fight nor profited themselves of that benefit of the choyse of grownd and other commodities which a defensive army may have against an enemy whoe attacques it which owght allways to be held in cheife consideration by all experienced and Provident soldiers But to cease from all further reflexions that army was unfortunately beaten and soe totally dissipated that it was not believed that 5000. of them ever returned to Scotland this miscarriage and misforture stifled divers great designes abortively upon the point of their production and cut of others which were begun before they Could come to any maturity Haveing been at that tyme privy to all the designes and measures formed and taken in that conjoncture and in those transactions as likewise actively industrious in the contriving and advancing of moste of them which according to humane Judgment I was fully persuaded could not have fayld of the end where unto they were directed of the Kings liberty and happy restauration both for himselfe his porsterity and subjects His late Ma tie was out of the hands of his enemies the King now raigning escaped out of England the Parliaments whole fleet leaving them returned to their obedience to their Souveraigne the Scots entered into ye heart of England with the formed body of an army of twenty thowsand men risings in severall places an universall and well formed resolution throwgh the whole nation to doe the same and upon the very point of being put in execution one great and indeed unreasnable errour and twoe or three others not much less which to avoyd tediousness as well as for other reasons I mention not ruined all and shortly after the whole fabrique of Gouverment causing such a violent and Generall Conflagration as I fear even to this day has never been totally extinguished but as fyer hid in the cavernes of the earth is often subject to make very dangerous irruptions The Scotch army totally defeated Cromwell Marched towards Scotland all other parties in England which had declared for his Ma tie were easily dissipated and all places sudainly reduced the humane cause of this extraordnary and most un apprehended ruine of the Scots forces was attributed to the secret correspondence which was more then believed to have been betwixt some of the dissenting clergy which were much the greatest nomber with other of the nobillity whoe had opposed most violently that expedition into England and Cromwell As likewise to the great influence they had upon a considerable part of that army which was knowne to some and had very convincing appearences to all both from their extraordinary conduct in suffering themselves to be constrained to fight against their wills and contrary to the common interest of the Cause they had in hand and when they engaged soe Improvidently to have ordered the business as not to have browght halfe their army to fight as likewise from the transactions and accord betwixt Cromwell and that partie of the Scotch when he came upon their borders The whole face of things being thus unexpectedly changed the more severe part of the Presbitereans whoe had not long before concurred with the armies partie in both houses to the vote of non adresses to the King apprehending when it was to late the danger of the totall subversion of the antient Gouverment of the three Nations by theise allmost prodigeous successes of the army changed their mindes forsooke the army party and joyning themselves to the moderate Presbitereans whoe in truth and reallity were strong Protestants but no Presbitereans were by much the more numerous in both houses nullified the former resolution of non adresses to the King and agreed to a speedy treaty with him hopeing to have concluded it before Cromwells army Could March southward and joyne with Fairefax soe to have browght his Ma tie with freedome Honour and safety to London to have voted all the Generall officers commissions voyde to have employd others in their charges and at the same tyme to have raysed a niew army in and about London by which means it was hoped all parties would have agreed together whoe were frends to the antient Gouverment and to the lawes of the Nation which were undoubtedly nine parts of ten in all three Kingdomes A day was prefixed for the beginning of the treaty forty days limited for its continuation thowgh that it was belived it would have been concluded in ten throwgh the necessity of the interests on both sides Which had it been I am confident the King had been happily restored and a multitude of Calamities prevented which ensued at and since his death and as may be feared are not yet soe entirely ended as wise and honest men may wish Artickles were drawne up and Commissioners sent away with them to the Isle of wight About which tyme M r. William Moray then of the bedchambre to his Royale Highness whoe was permitted to be about the King during the treaty wrote me word that his Ma tie had commanded him to let me know that if I Could come into England either by permission of the Parliament where the Presbitereans had at that tyme the power or secretly my negotiations at that conjoncture with those whoe had formerly had communication with me about his affaires and my advertisements to him might be of great use As soone as I had received the letter without much ballancing concerning the danger which I exposed my selfe to I repayred to flushing hired a fisher boate of expressly haveing desguised my selfe as much as I could arriving in twoe days at London where I remayned secretly during the treaty Very shortly after haveing spoaken
examined before his Ma tie and his Councel whither I had written that letter or not thowgh only a copy was produced and but three or four lines read at first to me I owned it The reading ended I was asked whoe I meant by the person not named on whome I had made divers reflexions I waved the declaring thereof by all the evasions that my invention Could furnish me with foreseeing into what a laberinthe of niewe trowbles I should winde my selfe if I entered into the list with him I knew it would be in all kindes impar congressus A chilli at length the King himselfe commanded me to declare whoe I meant which without the highest contumacy I was obliged to doe thus finding my selfe in volontarily engaged I undertooke the Justifying of all the particulars of my letter which I endeavoured with much more ardor then was sutable to the condition where in I at that tyme was whereby I offended his Ma tie in the highest degree and was blamed even by those present whoe wished me well This niew wound prouved incurable leading the King to a resolution of remouving me entirely out of his service whereof I wanted not information which made me seek an oportunity to have audience by him which at length I obtayned I began to speak about things which concerned his service in Scotland haveing heard me and demanded some questions which naturally arose from what I had represented I Could perceave by his answer in the conclusion that he had no minde to have that string further touched upon in soe much that I passed from it to my owne particular concernments after haveing layd before him the unhappiness of my condition throwgh the long continuance of his displeasure I humbly besowght him to graunt me any one of three things he was pleased to reject all thowgh they were easy of small Importance and without the possibility as I conceaved of any harmfull consequence where upon I threw my selfe on my knie humbly beseeching him not to cast me entirely of that I had served his Royall father his Ma tie himselfe and the Crowne faithfully from my youth that I had the same affection to his Person and fidelity to his service which I had ever professed and in many occasions signally demonstrated that nothing Could deminish my Zeal but unresistable necessity His Ma tie answered he Could not belive that those would serve him faithfully whoe he did not thinke well affected to him that I had ways of my owne and followed my owne councells in his business which he would not suffer I replyed that if I had done soe it had been when I was at such a distance from him that I Could not receive his orders and that what I did I thowght best for his service but that in the future I would never doe any thing relating to publique affaires without his Majesties positive commands he replyed I cannot graunt any of the things you desire one of them at this tyme is not in my power not being in a condition to helpe those I would the other twoe I doe not thinke for my service nor have I any further employment for you The to sencible anxiety wherein I was finding my selfe irreparably ruined utterly deprived of all means to subsist and hopeless for the future soe trowbled my reason that I broke out of those bowndes of duty and profownd respect which in all conditions I owght as a subject much more as a meniall servant to have confined my selfe to and sayd it is Impossible for me to live thus any longer if your Ma tie will absolutely abandon me I can have no other refuge then to endeavour to returne into England and seek my bread amongst your enemies whoe I have hitherto opposed with all the vigour and industry I Could where upon he rose from the chear where he gave me audience and told me I have no more to say to you nor will ever have more to doe with you and soe retired out of the chamber Some persons of the greatest Calibre by whose means I had obtayned that audience whoe were present at a little distance and had heard all that was sayd reproched me with indignation for my last words calling them rash undutifull and insolent and that none of my frends afterwards Could speak more in my favour with many other such like expressions and indeed I fownd them ever after much more Cold then formerly I procured an audience againe from one of them not without some difficulty which was likewise the last I ever had where representing the hardness of my condition and mentioning as modestly as I Could dress my complaints up my past services for divers years which were very well knowne to the person to whome I spake one whoe was by made answer in some kinde of heat all your past services are lost in the ill success of the Kings business Other expressions as sharpe as that were added which I then thowght as I now doe were spoken to drive mee off from the hopes of subsistance from those to whome I had adressed my selfe fearing peradventure that my ayme was to pin my selfe on them whoe at that conjoncture were in no very oppulent condition I sowght and in private for all were cautious of me seeing the Kings great and declared displeasure obtained an audience from another where I had placed my last hope and refuge he heard me attentively but sayd little only in the conclusion he told me he was very sorry for me but saw not how he Could help me to appear in my behalfe would make my condition rather worse then better as he sayd I might my selfe easily conceave and Could in some kinde prove disadvantagious to himselfe upon which termes I retired never haveing spoken to him since nor is it likely that I ever shall Thus finding my disease under which I had long languished become incurable and that all those whoe had either kindeness or compassion for me began to apprehend my sickness as contagious as is done in the pest with a Lord have mercy upon me had abandonned me as perishing men in a shipwrack save themselves as they can soe I returned into England haveing no other refuge in nature which I did openly and avowedly as I had before declared I should be constrained to doe During the intervall betwixt that tyme and his Ma ties restauration I did many things which gave him Just reason to continue and to augment his indignation if that were possible The King was out of his dominions another authority established where unto the three nations either volontarily or by constrainte had submitted Being thus Throwne out of his service and out of all trust and Employment I abandonned my selfe to those councels which an insupportable necessity sugested to me that according to the Judgment of the supreme legislator renders divers other lawes dispensable I stayd not long in England had no conversation with any of the Kings frends which I avoyded
more then many of them did me I was seldome there but haveing concluded a very advantagious capitulation with Monsieur de Tillier at present Chancellour of France for the raysing of a Regiment of 2500 English and Scots and had obtayned liberty to doe it I returned to London to procure Marchands security for my performing the conditions on my part agreed upon before the mony I was to receive Could be payd me Haveing accomplished what was demanded to the contentment of those concerned a man of war was offered me for my retransport to Deep without my demanding it I wondered a litle at the great civility considering it as a good presage that I should meet with no niew interuption in the progress of my business I went the next day poste to Dover sending thence to the Downes the order I had for a frigat to come thither where I thowght to have embarqued my selfe whilest I wayted for it dreaming of nothing less then Imprisonment the Gouvernour of the Castel with the Major of the Towne together with some Soldiers came into my chamber shewing me an order from Cromwell to seize all my papers and to bring me and my servants prisonners into the castle not one of them haveing been permitted about me nor to speak together before they were examined which the next day was performed but my turne came not untill three or four days after which was executed with great formality and no less severity upon seaven Artickles which I looked upon as very strange and without any the least possibility of fowndation in soe much that my answers were positive and some thing negligent sufficiently knowing that according to their owne constitution in those tymes they Could doe no more to me then to revoke what had been graunted concerning my leavies and to keep me in restraint for some tyme. In a few days I was again examined for the second tyme not in the order I had been at first but very confusedly hopeing to have intrapped me in some contradiction but my answers haveing been in substance the same as at first no advantage Could be fownd against me by that course and to have prouved any materiall point I knew was Impossible which made me appear very indifferent notwithstanding the uncivile and rude threatnings of one of my Commissaryes The only thing which had any shadow of truth or reason was that a few days before my parting from London a Gentileman with whome I was very intimate being at that tyme Gouvernour of a considerable place whoe in his heart I knew was not passionately in love with the cause he was engaged in haveing told me in confidence that another underhand solicited his charge and he feared might deprive him of it I was very free and open in my Councells to him touching the best means to conserve it adding in the conclusion that as long as he held that post in all events which Could happen he might keep himselfe considerable he answered me not a word touching that point but after a short and deep Meditation diverted his discource to another subject the next day he acquainted Cromwell with the Councel I had given him not without both change and addition whither this had been concerted before and that he was employ'd to counterfeit jalousy and discontent to in snare me or that he thowght to profit himselfe in that occasion by manifesting his integrety throwgh his discouvery to preserve his charge I Could wever know nor with my selfe determine this information gave more credit to other Articles then otherwise they would have met with which Cromwell himselve as lenght reflected on as artificial contrivements of some whoe he knew by many intercepted letters were not my frends to obstruct my levies and to ruine my credit in England at that tyme to prevent my doeing the harme they apprehended which I never meant at this very conjoncture there hapned a misunderstanding at the Kings Court then at Bridges in Flanders some persons haveing retyred thence to the Hage where upon purposely to ruine me advertisement was given to Cromwell that all beit I was very deep in his Ma ties displeasure which he knew as well as they yet I was well with others whoe were no less his enimies and that my pretext for liberty to make levyes for France was but to couver the designe I had to begin a fowndation for the advancement of another interest some circomstances relating to my affaires where of he was not ignorant afforded no small probability to this information where in he was the more confirmed by the Gouvernours advertisement whoe I have mentioned being likewise strengthned by another of little less Importance which was that Imediately before my parting from paris I had sayd something occasionally to a person of quality of my owne nation in confidence that concerned England and Spayne he contrary to his promise acquainted one of the French Ministers with it whoe wrote it to Monsieur Bourdaux then Ambassadour in England and by him was communicated to Cromwell these twoe circomstances gave much credit to the chiefe information Haveing layne under this restraint three weekes and nothing to have been prouved but the Gouvernours advertisement the business of Bruges being accommodated the grownds whereof he at last knew and was fully convinced that I was not faulty in the great designe Which being urged by S r. John Renolds with some others throwgh their frequent solicitations for my liberty and for my permission to proceed in my levies he acknowledged that nothing stuck with him saveing the councell I had given to the Gouvernour I have allready mentioned they aleaged that all humane affaires were subject to mutation and that if any change should happen my words Implied no more then a bare possibility thereof but not that I knew of any or that I did wish or would further it That the Councel I gave was to a frend whoe demanded it whoe then was and whoe allways had been in his interests and that any man upon the like occasion might have given the same Councel His final answer was that after haveing Imprisoned Colonel Bamfield we can neither trust him nor he us wherefor I cannot now consent to his levies nor to his continuance in any of the dominions of this common wealth his liberty he shall have upon his engagement to retire abrode within four days and not to returne into any of the three Nations without leave of the Gouverment which I did was set at liberty and to keep my word more exactly then I was constrained to haveing stayd one day at Dover the next I hyred off an open shaloup to calais where I fell sick of a violent feaver which confined me for some tyme to that place Thus I fownd my selfe utterly ruined in his Ma ties favour cast out of his service for ever and by this contrivement and accident for both were in the business to gayne my liberty was constrained to enter into a volontary exile