sed per communi civium ultilitate conscripta And as laws should be so should Courts and the dispenseâ—… of laws be But my Lord if this Court must be granted to be a Court your selves can make no more of it then a Court ex parte and set up to serve a particular end with the privation of the common utility and liberty however usher'd with a preamble of an other stile of preservation of peace and prevention of wart but Thucidides will tell you my Lord in his fourth book That Turpius est his qui impia tenent insidiare honesto pertextu quam insidiosâ mallevolentiâ uti nam violentia videtur aliquid furis habere propter potentiam â fortunâ datam sed fraus tantum ab injustitia oritur The Third Argument BUt my Lord if your Lordship be in your judgment and conscience satisfied that the Act it self in and as to its constitution is good and valuable and impowereth you sufficiently to proceed against me some way then Argumenti ergo dato sed non juris ergo concesso that it is a law or an Act and that all those Ordinances are out of doores yet I pray your Lordships leave that I may make evident to your Lordship that you are not hereby constituted a Court capable in defect of the very letter of the Act to pass upon any man and consequently not upon me in matter of life or where life may may be the concernment 1. For reason you are not constituted a Court of Record which is absolutely necessary having life and forfeiture of lands in your charge First For the State that they may have an account not in their Council-chamber but upon Record what is become of the matter in issue and of the person put upon his Tryal 2. For the Freeman of England that in case he be acquitted of the crime wherewith he shall stand charged before this Court he might at all times resort to the Record upon any new question for the same Fact in any other Court holding Pleas of that nature by which Record to plead his Auterfoyes acquitte and to make his defence as also to preserve his estate Si non legalment aquitte eu le Poulters Case 9. R. Benegist demant acquittal nul req si non de Record as also my benefit a writ of Conspiracy To come nearer our own times the like cause to complain and the same redress is given in the Act for abolishing of the Star-chamber upon the grounds and reasons drawn from these Laws the Innovations and Invadings upon which as being Fundamentals was a great part of the substance of the grand Remonstrance communicated to the whole World against the late King by the Press The charges against he Earl of Strasford and the Arch-Bishop of Canterbury The interest of the Subject in these laws was cryed up to be so precious as that it had influence even to the absolving of all old Oathes and the imposing of new and to bring to adventure Estate and Life and soul rather then to be usurped or in the least intrenched upon Four several Declarations of the present Parliament have entitulated the subject to them and to the benefit of the ordinary Courts of Justice as their Birthright I have owned the preservation of them to be the Cause of the War and the ends of their affairs managed by their Swords or Councels and Gods curse is by them imprecated in case they should ever decline the Ends My Lord We have the Parliaments word and promise not to interrupt the course of Justice in the ordinary Courts And in the Ordinance of Non addresses to the late King they say Though they lay the King aside yet they will Govern by the Laws and not interrupt the Course of Justice in the Ordinary Courts thereof My Lord I am entitulated to all these Laws and these Promises and Declarations and if this Court proceed against me those notwithstanding the Ordinary Courts of Justice being open and unobstructed I am robbed and divested of them all and in me the Freemanry of England are all despoyled at the Parliaments will according to this president disployleable and may with Mr. Stampsord in his Pleas of the Crown take up this saying It will serve for a Lamentation Misera servitus est ubi jus est vagum incognitum The Fourth Argument THomas Acquinus who though a Papist is not the less worthy to be vouched where not Religion but Pollicy is the thing in question Sayth That Lex est regula mensura actuum agendorum vel omittendorum not Actorum and Omissorum And St. Paul says Concupiscentian nesciebam nisi lex diceret non concupisces My Lord your Authority is in two several places to proceed against as Traytors such who have broken the Articles before they were made viz. Whosoever hath or shall I lot Contrive or Endeavour c. Whatsoever Officer c. hath or shall desert their trust c. shall dye without mercy And thus my Lord the end of Laws and Law-makings is perverted which are not meerly to punish offenders but to prevent offences which amongst Christian men was never otherwise done but by way of premonition by laws first Interdictory and then Subpenatory The Earl of Strafford did and very reasonably take it unkindly and so exprest himself upon his Trial That a neglected Law should lie moulding amongstold parchments 200. years unused and unexercised and at last brought out to measure his passed Actions by or to use his own words To lye like a Coal raked up in the ashes to be at pleasure blown into a flame and to make him and his family the first fewel to feed it Truly if he had seen these Articles as he felt after somwhat like them he would have cried out and but modestly enough That it is not the mending of the fault but the destruction of the person which is manifestly defigned in these Articles of Retrospection Disusage of a law is some excuse for him who falls into a transgression but the non existence of a Law is a Justification to the greatest offence And my Lord as you are to look backward to Actions done before the Law made so you are to take Cognizance of offenders against two former Acts which make the Crimes therein certain in the matters of fact fault and punishment and if they be lawes they must be deemed part of the lawes of the Land and desireable and dispensable by the ordinary Courts of the Land in cases Criminal for extraordinary Courts of that king have long since even by the Parliament of which this is the sarviving part been denied And although it is true that when some particular fact is committed by some one or more particular persons against the laws Crimiâ—al it often falls and properly enough that especial Commissions of Oyre and Terminer are for some urgent and expedient reason issued
Parliament followes To the High and Honorable the Parliament of England The humble Petition of Eusebius Andrewe Esquire close prisoner in the Tower of London Sheweth THat your petitioner hath been by a confederate pack of setters wrought into action which abstracted from their circumstances render him liable to your justice and this done not without their further hope that your petitioner as they supposed had interest to have drawn divers persons of quallity and fortune into the same entanglement That failing of that part of their aime the said confederates did betray your petitioner to the honorable Council of State by whose warrant he hath bin 16 weeks a strictly close prisoner without a fortune of his own the access of friends or means of substance allowed and is like to perish by his wants before it be distinguisht by a publick Tryal whether he be a fitter object for the applying of your justice or your mercy That he is hereby disabled to be accountable to the service of God the duty to his family and friends and to those who give him credit for bread And in case he should be call'd from such his close restraint to his tryal must be destitute and deprived of all fair means of making his reasonable defence which however it may sute with pollicy will not be consistent with Religion and Honour Your petitioner having for releif in the premises by all opportune addresses and by four petitions improtunely solicited and sought the said Council of State without answer In the deep sence of his pressing sufferings humbly appealeth to this high Court casting himself wholly thereupon and as humbly prayeth 1. That you would prevent your Justice by your mercy and admit him to sue out his pardon upon security given for his future good demeanor to the State in this Commonwealth 2. That if that be too great a favour you would grant him licence to depart the Common wealth he engaging not to act or contrive ought to the disservice of the State 3. That if he be not thought capable of either but that he must receive a publick tryal he may have a convenient time of preparation after a quallifying of his imprisonment 4. That in the mean time he may have the liberty of the Tower and resort of his friends and that by your order his debt for livelyhood incurred in his close restraint may be discharged In all which your petitioner is ready to submit to the will of God whose providence hath put Justice and mercy into your present dispensing And shall ever pray The humble Answer of Eusebius Andrewe Esquire in his defence to the proceeding against him before the Honorable the High Court of Justice presented 16th day of Aug. 1650. THe said respondent with the favour of this honorable Court reserving and praying to be allowed the benefit and liberty of making further Answer offereth to this honorable Court First That by the Statute or Charter stiled Magna Charta which is the fundamental Law and ought to be the standard of the Laws of England confirmed above thirty times and yet unrepealed it is in the 29th Chapter thereof Granted and Enacted 1. That no freeman shall be taken or imprisoned or be disseised of his free hold or liberties or free custome or be out-lawed or exiled or be any otherwise destroyed nor we shall not pass upon him nor condemn him but by a lawful Judgment of his Peeres and by the Laws of the Land 2. We shall sell to no man nor deferr to any man Justice or right Secondly That by the Statute of 42 of Edward 3d. Cha. 1. 1. The Great Charter is commanded to be kept in all the points And 2. It is enacted that if any Statute be made to the Contrary that shall be holden for none which Statute is unrepealed The Respondent observeth that by an Act of the 26 of March 1650. Entitled an Act for establishing an High Court of Justice Power is given to this Court to Try Condemn and cause Execution of Death to be done upon the Freemen of England according as the Major number of any 12 of the Members thereof shall judg to appertain to justice And thereupon the Respondent doth humbly inferr and offereth for law That the said Act is diametrically contrary unto and utterly inconsistent with the said Great Charter and is therefore by the said recited Statute to be holden for none That it can with no more reason equity or justice hold the value and reputation of a Law the said Statute before recited being in force then if contrary to the second clause in that 29th Chap. of Magna Charta it had been also enacted that Justice and Right shall be deferred to all freemen and sold to all that will buy it Thirdly That upon premising by the Petition of Right 3d Car. that contrary to the great Charter Tryals and Executions had been had and done against the Subjects by commissions Martial c. It was therefore prayed and by the Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. and that done 2. To prevent least any of the Subjects should be put to death contrary to the Laws and Franchise of the Land The Respondent humbly observeth and affirmeth That This Court is though under a different stile in Nature and in the proceedings thereby directly the same with a Commission Martial the Freeman thereby being to be tryed for life and adjudged by the major number of the Commissioners sitting as in Courts of Commissioners Martial was practised and was agreeable to their constitution and consequently against the Petition of Right in which he and all the freemen of England if it be granted there be any such hath and have right and interest and he humbly claims his right accordingly Fourthly That by he Remonstrance 15 of December and the Declaration 17 January 1641. The benefit of the Laws and ordinary Courts of Justice are the subjects Birth-rights By the Declarations of the 12th July and 16th October 1642. the preservation of the laws and the due administration of justice are owned to be the justifying cause of the warr and the ends of the Parliaments affaires managed by their swords and Councils And Gods curse is by them imprecated in case they should ever decline those ends By the Declaration of 17 Apr. 1646. promise was made not to interrupt the course of Justice in the ordinary Courts thereof By the Ordinance or Votes of non-addresses Jan. 1648. it is assured of the Parliaments behalf That Though they lay the King aside yet they will govern by the laws and not interrupt the course of Justice in the ordinary Courts thereof And thereupon the Respondent humbly inferreth and affirmeth That The constitution of this Court is a Breath of that publick faith of the Parliments exhibited and pledged in the Declarations and votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth humbly
affirme for law and claime as his right That this Court in defect of the validity of the Act by which it is constituted hath not power against him or to press him to a farther Answer That by vertue of Magna Charta the Petition of Right and the before recited Remonstance and Declarations he ought not to be proceeded against by this Court but by an ordinary Court of Justice and to be tryed by his Peeres And prayes That this his present Answer and Salvo may be accepted and registred and that he may be tryed by his Peeres accordingly Eus. ANDREWE The farther and second Answer of Eus Andrewe Esq to the Honorable the High Court of Justice presented the 16th day of Aug. 1650. THe said Respondent with the favour of this Honorable Court reserving and praying to be allowed the benefit and liberty of making further Answer if it shall be adjudged necessary in all humbleness for present answer offereth to this honorable Court That by the letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice the said Court is not quallified to try a free man of England and such the Respondent averreth to be for life in case of Treason First For that 1. The said Court is not constituted a Court of Record and but upon Record cannot at all have that accompt of their freeman which Kings were wont to have of their Ministers of Justice 2. The Free man and such who are and may be concerned in him can have no Record to resort unto by which to preserve the rights due to him and them respectively viz of 1. A Writ of Error in case of erroneous judgment due by the Presidents Pasch 39 Ed. 3. fol. of Gaunts case 4. Ed. 3. Rot. Parl. Num. 13. Count de Arundels case 42. Ed. 3. Rot. Par. Nu. 23. Sr. Jo. of Lees case 2. A plea of anterfoyes acquit in Case of new question for the same fact the right to which and the necessity of such Record appears by Wetherel and Darlyes Case 4. Rep. 35. Eliz. Vaux his case ibidem 33 Eliz. 3. A being enlarged upon acquital as is the freemans due by the Stat. 14. Hen. 6. and the Case thereupon grounded Dyer fol. 120 and abridg fo. 33. 4. A Writ of Conspiracy against those who have practised the betraying the life of the Respondent not to be brought before acquital no acquital but upon Record as appeareth by The Poultiers Case 9 Rep. fol. 55. This Court is to determine at a day without accompt of their proceedings have power to try judg and cause execution but not to acquit or to give enlargment so that the nocent are thereby punishable the innocent not preservable the injured and betrayed not vindicable which are defects incompatible with a Court of Justice and inconsistent with Justice it self and with the Honours of a Christian nation and Common-wealth Secondly for that the members of this Court are by the Act directed to be sworne 1. Not in conspectu populi for the freemans satisfaction 2. Not in words of indifferency and obliging to equallity 3. In words of manifest Partiallity viz. You shall swear that you shall well and truely according to the best of your skill and knowledg execute the several powers given unto you by this Act The Respondent humbly offers That 1. The Court in their capacity of Tryers ought in reason to have been appointed by their constitution to have been sworn as Tryers in full Court according to the practise in all equall wayes of Tryall 2. The Court as Commissioners of Oyre and Terminer being authorized by the Act to hear and determine should in like reason be appointed an oath such as is usual for persons so qualified as provided 18. Edw. 3. viz. You shall swear that well and lawfully you shall serve our Lord the King and his people mutatis mutandis in the office of Justice c. and that you deny to no man common right c. Or some Oath equivalent at least to that of a Justice of Peace Dalton fol. 13. I A. B. do swear that I will do equall right and according to my best wit cunning and power after the laws and customes of the land and the Statutes thereof made c. 3. The Court in the capacity of tryers should in reason be obliged by an oath of as equitable sence as that usually administred to Jurors viz. You shall well and truly try and true deliverance make between our Soveraigne Lord the King mutatis mutandis and the prisoner at the Barr so help you God Whereas when this Court shall as it is now constituted have condemned the freeman the Respondent or other by applying their skill and knowledg to their power whether justly or not the oath by them taken is not in the letter broken as to be exactible by man though God will provably have a better accompt And therefore upon the whole matter premised the Respondent saving as before offers for law and reason that the honorable Court the high Court of Justice is not by the letter and proper sence of the words of the Act by which it is constituted qualified in respect of the preobjected defects to pass upon him for his life upon a charge or crimination of high Treason And humbly prayes that this his second Answer and Salvo may be received and registred and that he may be tryed as in his former answer he prayed Eus. ANDREW The farther and third Answer of Eusebius Andrewe Esquire to the Honorable the High Court of Justice presented the 16 day of Aug. 1650. THe said Respondent with the favour of this honorable Court reserving and praying to be allowed the benefit and liberty of making further answer if it shall be adjudged necessary in all humbleness for present Answer offereth to this honorable Court That First It is his right if he must admit this Court to be duly and legally established and constituted as to their being a Court to be tryed by his Peeres men of his own condition and neighborhood 2. It is within the power of the Court by the letter and sence of the Act or at least as being not repugnant to the Act to try him by such his Peeres c. First That it is his right to be so and only so tryed appears by Magna Charta Ca. 29. 25 Edw. 1. Ca. 1. and 2. 5 Edw. 3. Ca. 9. 25. Edw. 3. Ca. 2. and 4. 28. Edw. 3. Ca. 4. 37. Edw. 3. Ca. 18. 42. Edw. 3. Ca. 3. By all which Statutes made in full Parliament consisting of the head and all the members actually as well as virtually this the Respondents right is maintainable and demandable and the contrary proceedings thereunto are To be held for none and redressed c. To be held for voyd and error c. So that If the laws and Courts were not obstructed in the cases of some sort of freemen of England the whole proceeding
to try the matter and men yet those Commissions do not restrain the Commissioners to proceed only against those persons and upon those particular crimes which the common fame hath rendred Hac vice to be Tryable but run in general terms and with general enablement to try all manner of Treasons Felonies c. And the Reason is 1. For that it might possibly fall out that a grand Jury will not find the Bill against Jo. at style and if not the Commissioners are sent down without their arrant if only directed to try J. S. 2. It may fall out that where there are Treasons or Felonies commited by Jo. St. they may be accompanied with misprisions or misdemeanors in Jo. O. And if the particular crime of Treason and the particular person of J. S. be only authorised to be enquired of then the Commissioners can do but half their work And therefore this Commissionary power of yours My Lord the ordinary Courts being not obstructed and you limited to particulars is so far against the Common Law and usage that it is against common and vulgar reason and pardon that I must say it savours more of a Snare then of a Law and more of a warrant of Arbitrary Execution then of an enablement to and for a judicial and legal Proceeding or Tryal The Fifth Argument My Lord In all Courts of Justice as there is supposed to be an equality intended to such as shall fall under their Cognizance and Enquiry which is a principle of merality innate as well as a practical Policy so there have always in this Nation at least beyond memory or indeed record to the contrary been certain Oaths Obligatory and of indifference administred to Persons either enquiring of or passing judgment against or upon the Subjects in all cases whatsoever and the same thing is but necessary in your Lordships and this Court to be done if at all you will proceed in so weighty a matter as life against which I make this exception 1. If you are at all sworn you are not sworn in Conspectu and if you will be my Jury and my Judges also I ought to have a satisfaction that you are so sworn Had you been only my Judges and constituted after the ordinary manner and to ordinary ends I would have taken your being sworn for granted 2. If you are sworn and to no other words of an oath then what are comprised in the Act which my self and all men else will easily believe you are not then you are not sworn to any manner of Equality The words are You shall swear that you shall well and truly according to the best of your skill and knowledge execute the several powers given unto you by this Act I beseech your Lordship that I may compare these words with the Oath of Judges in England when it was a Kingdome The words Pertinent only are these You shall swear that well and lawfully you shall serve our Lord the King and his people in the office of Justice c And that you deny to no man common Right by the Kings letters or none other mans nor for none other cause c. I A. B. do swear that I will do equal right c. according to my best Wit Cunning and Power after the Laws and Customs of the Land and the Statutes thereof made c. My Lord these will concern you as my Judges to consider how little the stiles agree how far your Oath is in respect of these unobligatory and consequently unsatisfactory to the persons which are or shall be concerned 1. As to the first yours contains no such words of Equality 2. As to the second oath yours hath such words as skill and knowledg holding some resemblance with those of wit cunning and power But my Lord if your words were as well usher'd and as well paged as those it were some satisfaction viz. To do equal right according c. After the laws and customes of the Land and the Statutes thereof made My Lord as you are my Tryers also as well as my Judges I beseech you to observe the oath of a Juror and the difference in sence in letter I know for the dignity sake it ought to differ You shall well and truly try and true deliverance make between our Soveraigne Lord the King and the prisoner at the Barr c. I presume it is still the same mutatis mutandis Truly my Lord when I look upon your enablement to try the matters and persons which and whom you are to try you have power to destroy and not to save though â—o spare yet not to acquit or discharge and your obligation by oath to execute that power according to your best skill and knowledg I must needs say and it is apparant that when you have destroyed me you have discharged all the duty that man can exact from you though God will have a better reckoning and in stead of being tryed by sworne Jurors and adjudged by sworne Justices my self and all who are or may fall into my condition are to be tryed by our sworn Adversants I might have said sworne enemies and we cannot in reason expect more Justice then when the Son layes the wager the Mother keeps stakes and the Father is Judg in a point of controversie More and better you may do more or better we cannot by any light of reason expect The Sixth Argument BUt my Lord if all this be but wind against a Rock and move you to no declining of the exercise of your Power though against my right yet certainly my Lord where your power and my right may be consistent you will not stretch your power to the taking away of my right but rather by giving me my right magnifie your power This I may reasonably expect It is my right granting you to be my Judges to be tryed by my Peers the good men of my neighbourhood and it is in your power if your power be not inward to try me so That this is my right I must revisit Magna Charta Nisi per legale Judicium Parium suorum The Law of Edward 1. having confirmed the great Charter saith And we will that if any judgment hereafter be given contrary to the Poynts of the Charter aforesaid by the Justices or by any other our Ministers that hold Plea before them against the Poynts of the Charter it shall be undone and holden for naught And upon this very Law or Clause a writ of error was brought by the Earl of Lancaster for the misattainder of his brother whose Heyre he was and in that the Poynts were two and upon them both judgement given for a reversal 1. Quod non fuit araniatus ad responsionem positus tempore pacis eo quod cancellaria alia Caria Regis fuerant aperta in quo lex fiebat unicuique prout fieri consuevit Attinctus 2. Quod condemnatus sivi adjudicatus
damn my soul to preserve my estate or repaire my wrong by a contra-legal and contra-evangelical engagement This was sufficient reason owned and justified by the Parliament for their substraction of obedience {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by their Declarations and Ordinances 2. Fealty or personal engagement I have given none viz. 1. I have not taken the Protestation of May 1642. 2. I have not taken the solemn Oath and Covenant yet if I had I might have justified my Actions by them 3. I have not taken the negative Oath because my oath of Allegiance from which no man can absolve me is a negative to that c. 4. I have not taken the present engagement much more against my oath of Allegiance then the negative oath If I had had so little conscience as to have taken them I would have had so much as to have kept them and the State cannot in reason expect from me or any other that we should take a second when we see no conscience made of keeping the first and to take a third the first and second being broken without other dispensation then Power which like Alexanders sword cuts the * knot which it can not untye Neither hath any man assurance if he should take the last engagement that he should have liberty to keep it longer then the fancie of the State held to the now new fashion of Government And therefore I stand clear as a down-right subject of England to stand or fall by the Common Laws of England and if they will deny me that they deny my Birth-right which is equally righteous and no more just then to deny me my estate my calling my abode my means of right Secondly As to my action at Linton I justifie my self by the late 1. Kings Commission which my accuser knowes I had and under which he was by the same King constituted my Major 2. a What was done was so done when he who gave me the Commission was in being and oppressed by injurious imprisonment and what I did was in order to his enlargement from his Thraldome and restorement to his lawfull power which was that to which my duty as a Subject by my oath of Allegiance did bind me in general termes and the duty of my qualification in particular obligation It was done before the now reputed Parliament were or pretended to be the Supreme Authority of the Nation or had assumed the power of Government or were fram'd into a State consequently I am not answerable to them for any opposition to them further then the Common Law binds to Parliaments without their head hand or defective in their members as to such offence if it be one this Court is not qualified to take any cognizance Thirdly As to the design concerning the surprise of the Isle of Ely it was but a bare discourse or communication and no formal design said agreed unto nor person engaged in it so much as by promise And in Cases of conspiracy against the lives of Kings there were some statutes made that very words and communication should be reputed I reason but all repealed or expired And not thought fit by wisdome of Law-makers having indisputable power to make Laws to be revived since the dayes of Q. Mary notwithstanding those very many treasons hatched designed against Queen Elizabeth and King James c. If in the highest point of treason communication be not treason against lawful Princes certainly an affection where the offence such as it is is of a far inferiour nature of it self so it had a far inferior object or subject concerning whom such discourse was holden Fourthly As to my supposed corresponding with the King the Lord Hopton and Earle of Cleveland if true it was so long since as that it fals not within compase of this Courts Commission to try being confin'd to infant matters of a year old and my charge not exhibited to the Court of Justice before Munday the 15 of July My last letter received from Lord Hopton beats date at the Hague 18. or 28. of June and was received in two dayes into Sussex Fifthly As to the Drawing Signing Sealing of the engagement it consists of several branches That De facto I did it and must not deny it because I have confessed it which was more their needed to them who knew it without enquiry for I dare averr that they had their instrument by them imployed and cherisht in betraying me to it And have some years past had a man in my bosome to watch me and my motions which I did affirm to the Lord President and he not denyed but said it was no more then did become any State to do who had so much cause to hold an active man in suspect as they had me having never come in and laid down the Cudgels but held to my principles and was ready upon every occasion to take fire And this I will prove if I have legal or because that word is worne out of use fair dealing from the Court And Out of that I may justly inferr what will be visible enough that it is the States Act and but my consent and they in no danger of me but that I should preserve my self from their new laws into the lapse of which I was not otherwise or by any other action fallen As to the parts of it 1. It consists of an oath of secresie 2. An owning of Charles the Second to be such 3. A resolution to endeavour to make him such 4. A crimination of the State under the names of Rebels and opposers who would not have him to be such To these as they are rankt The oath of Secresie hath relation only as to the not discovering the co-engagers in that resolution the resolution it self being not Treason the oath of keeping secret that resolution is not greater then the thing resolved 1. The thing resolv'd was to endeavour but was nor an actual endeavoring 2. If it were an actual endeavouring yet it can only be supposed that it must be endeavoured by a warr to be levied and the endeavour to levy a warr never actually leavyed is not treason against the King against whom only and his relations by our old laws which are Laws a treason can be committed and petty-treason I am not accused for That a bare intention resolution or engagement to levy a warr is not treason I report my self to my Lord Cooke who tels us and he is a man of credit in his Book printed and allowed for law by the Houses when they were two that a conspiracy and this engagement amounts not to so much but rather to an intention only to conspire to raise a warr as hath been said and so resolv'd is no treason by the Act of Edward the third until the warr levyed as within or to be reached by those words in that law overt Act and if it were not treason
A True RELATION OF The Proceedings Examination Tryal and HORRID MURDER OF Col. Eusebius Andrewe By John Bradshaw President of the pretended high-High-Court of Justice and others of the same Court Published by FRANCIS BUCKLEY Gent. Who was assistant to Mr. Andrewe in the time 〈◊〉 〈◊〉 Imprisonment 〈◊〉 〈◊〉 an Eye witness to all the said most Bloodâ—… 〈◊〉 〈◊〉 execrable proceedings LONDON Printed for Daniel Pakenâ—â—… at the Sign of the Rain-bow in Fleetstreet 1660. A True RELATION OF The Proceedings Examination Tryal and Horrid Murder of Collonel Eusebius Andrewe ON Munday the 24th of March 1649. Col. Andrewe was taken prisoner at Gravesend by Major Parker and by a Troop of horse that night conveyed to the George in Kings street Westminster The next day he was convented before the Lord President Bradshaw Sir Henry Mildmay Knight Thomas Scot Esquire three of the Members of State delegated by the Council for the taking of the examination of him and of Sir Henry Chichley Knight Doctor Henry Edwards and Mr. Clark casually found in the same Inn with Mr. Andrewe Those Gent. examined him so punctually to every action and circumstance that had passed on his part since he took up Armes and especially since the render of Worcester and his return from thence to London and also concerning his several Lodgings Names Acquaintances Removes Abodes in the Countrey correspondencies by Letters and interest in places and persons as if they had kept a Diary for him Which considered and that Sir John Gell Baronet Major Barnard Captain Smith Captain Benson and Captain Ashley with whom he had the last and most questionable correspondence were all in custody he found himself to be betrayed but could not at present guess by whom but well saw that he had better be fair in his confession then to deny what he saw by the perfectness of his examirers would be proved against him by the discoverie of some of those formerly secured and examined before his comming up and was resolved to beare the worse and not so much to shame himself or his matter as to deny things evident or easily evidenceable but rather to cast himself upon God and come off as well as he could with a truth in his mouth as the best way to meet death without shame In his Answers he would have bin circumstantial but was kept close to the Question at his departure he desired that he might set down his own Narrative according to his own sence which was granted him to prepare and to send or bring to them as there was opportunity And having totally as much as in him lay excused as was just for him to do his fellow prisoners as to any thing related to his Delinquency he was with them committed to the Gatehouse Wednesday following he was reconvented and reexamined On Friday he was again convented and delivered in his Narrative to the Lord President and the House by business happenning detaining the other two examiners he was by the President returned On Saturday he was recalled and theâ—… as at all times before used and treated with civility and no little pressure to dcisover some great persons his supposed confederates the aime as he conjectur'd and that upon strong inference and some expressions was at Sir Guy Palmes Sir John Curson and Sir Thomas Whitmore c. But he accounted it a great blessing in his inhappiness that his misfortune was not cumulative nor fatal to any his friends or familiars who yet knew nothing of the reason of his Imprisonment more then for what they were beholding to common fame and had no share in his fault such as it was and he was glad that he could as well engross the suffering to himself On Sunday next he was called out of his bed and by two Messengers his Keeper and his Man brought into a boat at Kings-bridg at Westminster and thence carried to the Tower The warrant which at the Lievtenants house was read imported That he was committed close prisoner for high treason in endeavouring to subvert the present Goverment c. To be kept till delivered by Law He was designed by the Lievtenant Collonel Francis West to a prison-lodging but having notified to him his quality he was put into the custody of Mr. Richard Standon one of the Yeomen Warders in his house equally convenient with the best in the Tower At his coming to the Tower he had but two shillings in his purse and supposing he should have been provided for diet as the States prisoner he sent to the Lievtenant to know what he would order for him who returned That if he had money he might have what he would but at his provision nothing His Keeper was upon his delivery to his charge commanded to keep him safe and if he escaped threatened to be hang'd and a centinel set immediatly at the dore and that day two Gentlewomen comming to see him were all night imprisoned in the Round-house and next day carried to the Council of State and strictly examined His Waterman that week brought him some money for which and some affectionate words spoken of him he was convented before the President examined rebuked and dismissed and a centinel set at the window of M. Andrews Lodging that he might not speak to any without The Narrative follows To the Right Honourable the Council of State The humble Narrative of Collonel Eusebius Andrewe as to the Questions and matters of charge whereupon he was examined before the President Sir Henry Mildmay and Thomas Scot Esquire in that behalf delegated by the Council the 27th day of March 1650. May it please your Lordships BEing unfortunatley and by a treacherous practice seduced into an action which renders me obnoctious to your Lordships displeasure and Justice and thereupon convented and brought to examination I assured your Lordships delegates that I came with a resolution to deal candidly and not to preserve my life by framing a Lye or by denying a Truth The same purpose I still retein casting my self wholly at your Lordships feet humbly praying leave that while I answer to matter of fact I may be permitted to cloth it with the pertinent circumstances That while the one layes me liable to your Justice the other may bring me within the capacity of your mercy which in case it be afforded I shall embrace with all humility and thankfullness And if denied I shall find cause within my bosome to justifie God Almighty in his permission of my ruine and I hope Charity enough to forgive whosoever have or shall be instrumental to it and bear the gurdon of my folly with a sober confidence of Gods reserved favour My Engagement for his late Majesty began soon after Hillary Terme 1642. and continued until the surrender of Worcester in July 1645. I have omitted to make my composition not having a considerable and not willing to own an inconsiderable estate I have not taken the Protestation Solemn League and Covenant Negative Oath nor subscribed the
sensible of at your hand used towards me in the civil treating me when before the State though a great delinquent gives me this encouragement and you this trouble by my present address It is no small encrease of my proper misfortune that I see such who were taken with me as Companions to my person to share so deep in the punishment as do those Gentlemen Dr. Edwards and Mr. Clarke persons so free from the guilt of my evill that I am confident they cannot yet give an account for what cause I am deservedly a prisoner though it were made the price of their liberty I am an humble suitor to you that you would take them into your favourable consideration and to mediate their enlargement And that you would not let them have a worse place in your thoughts for that they are recommended to your favour by Sir Your most humble Servant Eus. ANDREWE This was read by the Leivtenant and sent with the other two c. Mr. Andrewes at several times took upon him to averr to the Committee of States that they had spies upon him for some years and particularly Barnard which the Lord President did not deny but justified the State by the practice of all States to set watches upon persons of ill affections to them This day the Lord Grey was with the other three of the State His third petition sent about Easter being by Sir Henry Mildmay and Mr. Scot put upon it to submit himself with promise of favour if he sought the State in such manner which for his relations sake he did but with some caution in these words To the Right Honorable the Lord President and Council of State The humble Petition of Eus. ANDREWE Sheweth THat your petitioner is seriously sensible and humbly acknowledgeth that for his high delinquency against the State he is become forfeited to their Justice That he hath not in the least prevaricated with your Lordships in the confession of his proper faults and follies nor hath kept ought reserved concerning himself or any person or thing which may satisfie your Lordships and more secure the State and is not hopeless to be look'd upon as capable of your present favour and future mercy which he now doth and shall alwayes implore That his present deserved condition is made more uncomfortable by his wants and the exclusion of his friends and relations without a supply in which life it self becomes a punishment Your petitioner casting himself at the feet of your Lordships humbly prayes That his being prosecuted before the High Court of Justice may be suspended That by your order his pass and future charge of necessaries may be discharged whilst he remains your prisoner That his friends and kindred may have recourse to him and that he may have the freedome of his pen And in case your petitioner shall be bound in the least to misapply those favours he shall adjudg himself worthy of a totall deprivation of them and of your future goodness towards him And your petitioner c. This was less then was look'd for though as much as he could venture on in which his desire for respit of his Tryal was inserted to prevent only his being the first and exasperating them by giving others aime in the scrupling the Court This petition was solicited 33 dayes but no answer could be obteined and his wants growing upon him dayly he sent this following Letter to the Lievtenant who had begun to appeare for him but had declined it again Honor'd Sir NEcessity hath bin long since out-law'd and is in it self apology enough for that crime of which uncompelled I cannot be guilty The breach of good manners In what condition I was sent to you the States warrant tels you with what punctuallity that hath bin observed your self well know To which if you please to lay the conventing of my Waterman before the Lord President for supplying me with my own and the imprisoning of my Kinswoman in your Round-house all night and carrying them to the Councill for but intending me a visit in my distress the interdiction and orders of the Tower being to them strange as also the placing of a dayes Sentinel against my window next the river whose greatest use for ought I know was to tell the inquisitive passers by my name and dangerous quallity you will easily inferr an impossibility for me to live of my self or to be susteined by friends to whom it is visibly imputable as crime enough but to be related to me either in blood or amity and what is not safe for them to doe is not honest in me to invite That I have not been wanting in praying for relief from the State my three petitions to which you were privy informe you having in them said so much that more I cannot say and to repeat the same would but argue that I thought my self hither to not understood which may not without a new fault be made a question how dilligently those have bin solicited you have bin often a witness and by my case * presented to you may find that I may not in modesty longer press a person to me unrelated and by me no wayes obliged to make his time and purse mine by pursuing and undertaking upon so little encouragement as ten weeks past fruitless attendance and the expence of more then four pounds which as all reward for his travaile are become as desperate in his thoughts as I am in the opinion of all observers What by Mr. John Standon began was by him and me intended in your ease though if I understand your words misconstrued as a neglect of you to whom it belongs pardon that I must say it as a duty to your place not the persons to acquaint the State with the wants of your prisoners being not only obliged to keep a prisoner safe from avoyding the Law but in a condition of life to be produceable to the law when called which is at present understood and practised in less honorable prisons and was in this in the Government of your Ancestors Though I would not willingly beget you trouble and do set a better price upon you then to make you my solicitor Yet when life and breach of complement are put into the ballance my hand may justifie a little enclining of the Beam Having thus premised to you I must and do call upon you to be instant with the honorable Council of State that by their order upon my last petition I may receive releif in what is thereby desired in such measure as they shall think me capable Sir If you shall please to give your self your honour conscience an account in this serious matter I shall not doubt to receive by your pressure and the States condescention a seasonable help and you shall not think it a concernment worthy of your place and person to take notice of I must beg you pardon if I acquaint my wants to the people by hanging out a box for releif
King Henry the Third The great Hugh Speneer in the raign of Edward the second was banisht but for rashly counselling against the Encounter la forme de la granda Charter And to draw downwards yet one Kings Reign and to the point to which I would apply I find in the 42 year this great Charter was not only barely confirmed and commanded to be kept in all the points for those are the words But to prevent any alteration of it is enacted That if any Statute be made to the contrary that shall be holden for none By this Magna Charta it is granted and Enacted too if my Lord Cook say true who saith it is a Statute as well as a Charter being made by Assent and Authority of Parliament That No Freeman shall be taken or Imprisoned or be disseised of his Free-hold or Liberties or Free-customes or be outlaw'd or exiled or any otherwise destroyed nor shall not pass upon him nor condemn him but by lawfull judgment of his Peers and by the Law of the Land We shall sell to no man nor deferr to man either Justice or Right If this be Truth and Law which I have in these particulars promised to you then my Lord give me leave to take notice That by that Act by which you are constituted a Court of Justice you are authorized to try the Freemen of England not per Pares upon or for offences against Articles and the punishment to reach to life as the Major part of any 12 of the Commissioners shall judg to appertain to justice Laying these together a Posting Rider may Read that these Lawes are diametrically opposite and consequently inconsistent The latter hath its doom inherent by its innate contrariety to the former and is a building a superstructure so unsutable to the foundation that if it had not a double edged support it need no help to be demolisht but would fall I know not whether to say sua mole or sua pensilitate The Constitutors of this Law are Gladiis cincti and therefore as I am not in opportune place to speak to them so there is somthing of danger to speak too freely to them but my Lord your Lordship as you are in this place are I am sure ought to be like the Escochions of Princes with their addopted Supporters Knowledg and Conscience and if you are I am confident you will doubt of your Commission or warrant to proceed against me and compel me to preserve an inch of life by giving away mine and my Countrymens Liberty in condescending to a Plea and Tryal in this contra-legal way and by power of this Act The second Argument My Lord I Shall further beg leave to call to your memory the Petition of Right which was made the business of the Parliament at the time when it was preferred and received the Royal assent must never be forgotten by those who hold in esteem the care of Parliaments and gracious concessions of Kings In the Proeme or leading part of that Petition the Statute of Magna Charta is instanced as to this particular tryal for life by proper Courts with other the Laws and Statutes some of which I have cited and the rest shall upon another point in their place and as it is complained that proceedings had been by Commissioners Martial when and where if by the Laws and Statutes of the land they had deserved death by the same Laws and Statutes also they might and by no other laws ought to have been judged so is it prayed and accordingly enacted That no Commissions of like nature may be henceforth issued to any person or persons whatsoever to be executed c. and this to prevent least by colour of them any of the Subjects should be destroyed or put to death contrary to the laws and franchize of he Land My Lord 1. The Commissions Martial were not evil in respect of the persons commissioned being as this power is to you so those alwayes given to persons of quality and learning but the evil of them were their Proceedings by their own will and opinion being themselves the Judges and the Jury offices incompatible and inconsistent with the peoples Liberties by the former Laws become their rights when your Lordships shall read the Act by which you now sit I am confident you will grant this power to be of the same nature though not under the same name and consequently in that Petition complained of in supposition that such might be and enacted against in Terminis that none such should be 2. For that you are called by the Act Commissioners and yet have no Commission but the Act it self whereas you should in regard you are not a Court of Record in your selves have Commissions returnable at a day into some Court of Record where your proceedings might be extant and visible as you are now constituted you have a day prefixed to determine in but that being come you are to vanish your vestigia will be as inperceptible to the times and men to come as the trace of a Swallow in the Air which is inconsistent with the honour and justice of any Kingdome or of any Christian Commonwealth For that you have only by this Act a bare and single power to adjudg and cause execution to be done in case you shall judg it to appertain to justice but you have no power if you think it appertain to justice to acquit and upon acquittal to discharge the person tryed as is the law expresly in my Lord Diar and in the year-book of Edw. 4. grounded upon the Statute of Henry the 6th 14 of his reign Ca. 1. That Justices of Nisi prius who are Commissionary Justices shall have power of all the cases of felony and of Treason to give their Judgment as wel where a man is acquit of felony of treason as where he is thereof attainted at the day and place where the Inquisition Inquest and Jury shall be taken and then from thenceforth to award execution to be made by force of the same judgments which in an acquitted mans case can only be enlargement But my Lord you have only power if you can to reach my life if in your opinion deserving it but not to reach me out of Prison so that if you kill me not here with the sword of Justice you must leave me in worse hands to be buried alive in restraint and want Which all is against the laws of Nature and Nations and particularly of this land that are all so ballanced and poysed as that they have equall regard to the delivery and freeing the Innocent as to the condemnation of the nocent And Isadore in his Etimologies sayes of a law thus Erit autem lex honesta justa possibilis secundum naturam et consuitudinem patriae Loco temporique conveniens necessaria et utilis manifesta quoque nê aliquid incantum per obscuritatem captione contineat nullo privato commodo
in those words in the original it fals not within the words of the translation of this new born law viz. by any open deed So as the first and third branches of the engagement which are interwoven and what ever I conclude that neither of them that is to say neither the oath nor the resolution are treasons either within the old or the new laws either in respect of the persons against whom or the progress made in the thing it self 2. As to the owning of Charls the second it falls not within your Law for that it is not a Publishing Proclaiming or publickly Declaring his Title The words of the Act are Proclaim Declare Publish or any way promote which promoting is matter of Action more then a private owning And this by the Oath it self was not to be publisht nor could without publishing the Engagement it self which was contrary to the Oath And though it may be objected that the raising the warr could not be done but by a publishing his title and the Engagement at last yet that if it be granted was no forwarder then in intendment no more was this publishing and being not done falls not within your Act The crimination of the State is but guessed at by implication for they are not named to be meant and I believe your law reaches only to things literal and not constructive only and for the word Rebels I hope they will not take that to themselves and the word opposers is a very innocent expression and at the worst is all but a scandal Lastly Be this Engagement what it will yet the terms upon which I signed and sealed it were such as that it was my act not absolute but upon condition and to be undone and avoided in case of the non-coengaging of others by the States decoy assured to be ready to do it and at whose instance and for whose satisfaction it was pretended to be desired at my hands If the Court proceeds by way of Indictment then I shall move that those persons may be confronted whom in my Narrative Examinations and Letters I have named and that I may demand of them c. As also that Major Parker may be produced to be likewise demanded of as a person by me lately and since my papers sent to the State discovered to be of the Plot to betray me If the Court proceed by way of Articles and upon Examinations taken against me I desire and that is but reason that I may examine my defence as in all Courts where such proceedings were used was allowed If it be objected That it was not used in cases of Treason I answer it it true if they hold the ancient way of Tryals not but if they proceed this way it is but just and otherwise the Court are at liberty to use all means publick or private to catch me but I have none to defend my self So that it appears that they seek not to do Justice but Execution And whether they be confronted or examined these questions are to be propounded either viva voce or Interogatory and if by Interogatory I must stand upon a fair way of Examination viz. That some one from me as well as one for the States behalf may be present and set down the examinations or depositions and that I may have a Copy of them as well against me as for me as well taken already by the State or to be taken upon my motion The Questions 1. Whether he knows Major Burnard how long c. What communication and correspondence concerning me or my actions held between them Whether he knew of the supposed design against the Isle of Ely and of the late Engagement how he knew them and upon what reason and to what end discovered to him and by whom 2. Whether he did inform the State or any member of the Councel of them and how long he hath so informed 3. Whether he ever had in his custody the Engagement under the hands and Seals and my letter to Sir John Gell if so where and whether not at Gravesend at my being there Whether he were sent to watch mee and knew of my being there before my being apprehended The same questions mutatis mutandis to be propounded to Barnard and farther to him and to Benson Holmes Ashley Smyth as they are marked 4. Whether he did propound in both designs to me or I to him Whether I sought him or he me In what disposition he found me upon the time by the Act limited for departure c. 5. Whether he were real to me in the particulars of persons confederates or monyes ready to engage and to be advanced and if not then to what end he faigned these to me 6. Whether the Letters by him to me produced from Smyth and Thach or Thatcher were true or seigned and if seigned to what end and by whom let on work 7. Whether he were set upon me to watch my ways and motions And whether he were not promised or did design unto himself profit for the discovering of me and such whom I should bring in 8. Whether I fram'd or ever read the said supposed design Or was to be de future acquainted with it 9. Whether he brought or I sought Benson or Holmes And whether confederates with him or designed upon by him 10. Whether my engagement were absolute or conditional and what I signified at my departure and upon Barnards not comming and where Barnard was pretended to be and where he really was what promise I had concerning the return of my engagement in case Sir John Gell did not engage at Gravesend 11. Whether Copies of Letters weekly shew'd to me were reall of feigned and if feigned why pretended to be real 12. Whether were there really any Kentish Dorset or Buckinghamshire men and who confederites c. These preparations formerly made in rough notes were transcribed and put into form and finished the 8 day of July 1650. by Gods good assistance notwithstanding my abundant disadvantages of close Imprisonment and want of Books or Advice and I commit and submit the issue to God whom I beseech to fortifie my spirit and enlarge my understanding when they shall come to be made use of my self resolving to be the Laws confessor while I live and if called to it to be the Laws Martyr when I die by the hand of the impending violence under the specious name of Justice Sed terra astraea reliquit Judica me Domine in furore c. Eus ANDREWE 8. 7. 2. 1650. Domini Mortem minatur Deus 〈◊〉 〈◊〉 in mortem Vis in timore securus offe securitatum time Nil eam longe abâ—st a nabis quam ipsi nos In manibus Domini sunt exitus mortis Arumnarum requies Mors. Fraus fidem in parvis sibi praestruit ut â—um opere prâ—eium sit â—um majori mircedâ— sallat His Exceptions to his Tryers Jâ—hn Hurst Esq
entertain animosities against your Judges you know who said Father forgive them And that great Martyr dying Lord lay not this to their charge Be assured they must one day give an account of your sentence before an higher Court of Justice If they have rightly judged complain not If they have done you wrong you know to whom vengeance belongeth shortly In your patience possess your soul that time you have to live abandoning all thoughts and eares of this world study how to appear before the judgment seat of Christ to give account for your 42 years consider what answer to make to that Judg which renders to every man according to his works let all your disquisition be what to do to obtain Eternal Life Much I have to say to that question Reduce all to these two those two ways which Almighty God has chalk'd out for all men to Eternal Glory One of innocency the fathers before the flood had none other those after were directed by that Our blessed Saviour resolves that question What 's written in the Law that do and thou shalt live Consider first how far or right you have walked in this way but if you perceive your aberrations despair not our good God has propounded a second way unto that end it 's humble penitence If you have erred from that good way come into this Repent you truly for all your sins Afflict your soul for offending your mercifull Father Implore his pitty mercy and pardon and your Soul shall live Remember you have a most gracious God That desires not the death of a Sinner but rather that he should repent and live You have a blessed Mediator Intercessor Saviour who dyed for your sins and rose again for your Justification and be assured Whosoever believeth in him shall not perish be confident he that believeth on him shall live though he die and he that liveth and believeth on him shall not die Eternally I am straitned while I would direct you in all the steps of this way which are humble Confession hearty Contrition serious Detestation and so far as you are able real Satisfaction These four I have already exceeded the limits of an Epistle what is wanting I shall beseech you to make your addresses to the most learned and reverend Bishop of Ely intreat his help and direction follow his counsel implore his absolution and consider how much gain it should be to you though you lose all the world so your Soul may be saved The God of all goodness in mercy look upon you direct you by his Wisdom guide you by his Counsell comfort and sanctifie you by his holy Spririt that alone shall make you wise unto Salvation and lead you through all the miseries of a perplexed life and untimely death to that glory which is beyond my expression and your apprehension is the daily prayer of your real partaker in all your sufferings August 17. 1650. Mr. Andrewe his answer to the aforesaid Letter Friend YOur words sent to me were such and so seasonable that I have given them the same entertainment and lodging as becomes me to afford to Apples of Gold with pictures of Silver and if I be after my decollation dissected you may find them in my heart where your self have always held a Mansion If fear were absolutely a necessary passion by which to denote a man I must as yet be accounted amongst some other species of animality there being not a scruple in the whole frame of my mind and body of so tenuous a Composure The fear of Isaac hath banisht all other dreadings I look upon death as upon that rod in the hand of God with which he would not have corrected me if less correction had not been unprevailing and which he doth now exercise upon me because he is resolved not to let me be less then a son beloved and I am content to bear the stripes and kiss the Instrument I am sorry that my rod is bound together with the sin of my betrayer and wish him repentance that when the Rod comes to be burn'd he suffer not in the flame I shall not need to say I forgive either him or my Judges having already forgotten them in all my prayers excepted I am proud and covetous to be released from the double imprisonment I lie under of the flesh and bonds and am ready for the opportunity to make my escape though in a fiery Chariot All things betwixt me and God are removed from my sight and I see him clearly without reflection upon my accusers and Judges and submit cheerfully to his fatherly dispensation and judgment It is Gods mercy that I was not long since consumed for an earlier death in my heats and follies had not proved less then a total consumption of all which now will become precious in despight of ignominious Death or attending nauseous Corruption My betrayer wanted only Judas his subject to make his sin as great being transcendent to his in the circumstance and I wish him Peters tears to wash away Judas guilt and to avoid Judas his punishment by Peters repentance My Judges have done me no wrong they have a law for their warrant and my confession for their evidence neither have capacity to be Chancellors in matters of life let them go free and the Law-makers and inforcers of it for their errors of constituting them before the padling in blood grow too customary to be thought a sin worthy their confession or sorrow which I desire for the sakes of their souls and the lives of the oppressed and indeed proscribed Free-Christians of the Nation The Fathers Plea of Innocence I cannot make but I can say and bless God that I can say Veri penitence est pene innocence I have erred and cannot say I have voluntarily returned but I am graciously brought home as a lost sheep not to be eternally slaughtered but put again amongst the flock to be kept safe under the staff as well as the rod for the great shepherd of my soul Christ Jesus I dare not tell you I have not sinned you are a witness against me if I had none within me but I can tell you what my faith dictates to me and Gods holy Spirit assures me that the Lord hath put away my iniquity I am already sensible and that in a measure unexpressable of Gods goodness to me who as he will be glorified upon me on earth so he hath given me an earnest of my future glory in heaven by the sweet perfume he hath cast upon my name amongst the people and the Christian-like compassion he hath begotten for me amongst all men who have yet an eye of expectation upon his return in mercy to this poor distressed Nation and oppressed People The God of all goodness hath in mercy looked upon me directed me counsel'd me comforted me and sanctified my affliction to me and I am ready to fall into his mercifull hands as soon as the heavy hand of the Executioner shall have given a
Nunc dimittis to Tower August 19. 1650. Your old and constant Friend EUSEBIUS ANDREWE The last speech of Colonel EUSEBIUS ANDREWE on the Scaffold on Tower-hill August 22. 1650. THe Lieutenant of the Tower delivering the Colonel to the Sheriff said he had brought him thus far on his journey The Col. replied I hope I shall neyther tyre in the way nor go out of it When he came on the Scaffold kissing the Block he said I hope there is no more but this block between me and heaven After he had been some while on the Scaffold he spake to the people as followeth Christian Gentlemen and good people your business hither this day is to see a sad Spectacle a man brought in a moment to be unmann'd cut off in the prime of his years taken from further opportunity of doing service to himself his friends the Common-wealth or especially to God It seldom happens but upon very great cause and though truly if my general known course of life were enquired into I may modestly say there is such a moral honesty as some may be so forward as to expostulate why this great judgment is fallen upon me But know I am able to give them and my self an answer and out of this brest to give a better account of my Judgment and Execution then my Judges themselves or you It 's Gods just displeasure towards me for my sins long unrepented of many judgments withstood and mercies slighted therefore doth my gracious father chastise me with this correction that he may not lose me and I pray you assist me with your prayers that this rod may not be fruitless That when under his rod I have laid down my life by his staff I may be comforted and received into Glory I am very confident by what I have heard since my sentence there is more exceptions made against the proceedings against men then ever I made my Tryers had a Law and the validity of that Law is indisputable for me to say against it or to make a question of it I should but shame my self and my discretion In the strictness of the Law something is done by me that is applyable to some clause therein by which I stand condemned the means by which I was brought under that interpretation of that which was not in my self intended maliciously being testimony given by persons whom I pitty so false yet so positive that I cannot condemn my Judges for passing Sentence against me accorcing to legal justice for equity lies in higher brests For my accusors or rather betrayers I pitty and am sorry for them they have committed Judas his crime I wish and pray for them St Peters tears and I wish other people so happy they may be taken up betimes before they have drunk more blood of Christian men possibly less deserving then my self It is true there have been several addresses made for mercy and I will lay the obstructions to nothing more then my own sins and seeing God sees it fit I having not glorified him in my life I shall do it in my death I am content I profess in the face of God particular malice to any one of the State or Parliament to do them a personal injury I had never for the cause in which I had a great while waded I must say my engagements and pursuance in it hath laid no scruple upon my conscience it was upon principles of Law whereof I am a professor and upon principles of Religion my judgment rectified and my conscience satisfied that I have persued these wayes for which I bless God I find no blackness upon my conscience nor have I put into the bed-role of my sins I presume not to decide controversies I desire God to glorifie himself in prospering that side that hath right with it and that you may enjoy peace and plenty here when I shall enjoy my God In my conversation in the world I do not know where I have an enemy with cause or that there is a person to whom I have regret but if there be any whom I cannot recollect under the notion of Christian men I pardon them as freely as if I had named them yea I forgive all the world as I desire my heavenly Father for his Christ to forgive me For the business of Death it is a sad Sentence in it self if men consult with Flesh and Blood But truly without boasting I say it or if I do boast it is in the Lord I have not to this minute had one consultation with Flesh about the blow of the Axe or one thought of it more then my pasport to Glory I take it as an honor and I owe a thankfulness to those under whose power I am that they have sent me hither to a place however of punishment yet of some honor to dye a death somewhat worthy my Blood and this courtesie of theirs hath much helped towards the satisfaction of my mind I shall desire God that those Gentlemen in that sad Bed-rol to be tryed by the High Court of Justice that they may find that Really there that is Nominal in the Act An High Court of Justice or Court of High Justice High in its Righteousness not in its Severity no more clouded with the Testimony of folk that sell Blood for gain Father forgive them and I forgive them as I desire thee to forgive me I desire you now to pray for me and not give over praying until my last moment that as I have a very great load of sins so I may have the wings of your prayers assisting those Angels that shall conveigh my soul to Heaven And I doubt not but I shall there see my Blessed Saviour and my gallant Master the King of England and another Master which I much honor my Lord Capel hoping this day to see Christ in the presence of the Father the King in the presence of him my Lord Capel in the presence of them all and my self with them and all Saints to rejoyce for evermore Dr. Swadling You have this morning in the presence of a few given some account of your Religion and under general notions or words have given account of your Faith Charity and Repentance then speaking to the standers by if you please to hear the same questions asked here you shall that it may be a general Testimony to you all that he dyeth in the favour of God To the Colonel Now Sir I begin to deal with you you do acknowledg that this stroke you are by and by to suffer is a just punishment laid upon you by God for your former sins Col. Andrewe I dare not only not deny it but dare not but confess it I have no opportunity of glorifying God more then by taking shame to my self and I have a reason of Justice for justifying God in my own besome which I have intrusted to yours Dr. You acknowledg you deserve more then this stroak of the Axe and that a far greater misery is due
President M. Bush though discovered by Bâ—nson first upon my examination and after by my Narâ—… mentioned yet was not apprehended which gave me ocasion to believe him a dissemblor * This relation is rectified by another Papâ—r being mistaken in time c. This had been confessed by Benson and all particularly questioned of me Bernard Bensons proposition My Answer Sir John Gell. * This was done by three and confessed but omitted here but is by another paper supplyed c. Since I saw the Act I am of another opinion if Law be not altogether out of fashion 1 Apr. He was much prest concerning Mr. Bar. 11 Apr. Arth. Wollaston Anne his wife Jane Andrewe Mr. St. John 11th Apr. Dated by mistake the 13th but writ and sent the same 11th day of April * A case concerning his condition besides my 3 peritions where was by the Lievt. presented to the President Cook 2d parâ—… Inst it so 5â—â—… 590. 591. allowed for bâ—… the Parliameâ—â— fol. ult. Answer 1. Answer 2. Answer 3. Calums Case 7. Rep. Coo. 1. Inst. Coo. fo. 234. 3. Eliz. Dyer 203. Gravesend Carleton-Hall Decemb. 15. 1641. Remon fol. 7. And fol. 8. Compare 9. Act for Removal Act for Engagement Fol. 9. fol. 10. fol. 10. fol. 10. fol. 10. The Bishops 113. fol. 17. fol. 16. fol. 22. Cic. in ver. 2 Clan Perturient montes c. Jer. 26. 6. Jehova justiâ—â— nostra Cook 1 part instit. fol. 81 82. 25 Edw. 1. ca. 1. Bracton 414. 491. Fiecta lib. 2. c. 48. lib. 3. c. 3 Mirror c. 2. 18. Britton fo. 177. 17 Henry 3. Rot. Clamem 1. 2. Rot. Proutrius M. 1. 14 Edw. 2. 42 Edw. 3. c. 1. Cook 1 Justiâ— fol. 81. Ma. Cha. c. 29. Petition of Right 3 Car. Râ—ades Case Dar fol. 120. 10 Eaw 4. fol. 19. 14 Hen. 6. 1. Oath of a Juror Wetherel and Darly's Case 35. Eliz. Apeal de murder convict de Homocide bonbâ—râ—…l endictment per murder Affirme quo hoâ—re ne doit mâ—tâ—e presuavic Deux fois per uncuosen 17 Car. Act for abolishing Star-chamber Articles contra Strafford Art 1 2. partis 1. 14 parti secundo Declar. D.c. 15. 1641. Jan. 17. 1641. July 12. 1642. Oct. 23. 1642. Declar. April 17. 1646. Jan. 1648. Beat. Thomas 1. 2 Qâ— 90. Art 1. Rom. 7. 7. Art 2 Art 7. Not sworn The Oath of the Commissioners 18 Edw. 3. Oath of Justices Dalton J.P. fol. 33. Oath of a Juror My right to be tryed by a Jury and in their power to try me so M. Ch. 9 Hen. 3. 29. 25 Ed. 1. Ca. 1. 2. Cases adjudged in the Point Pasch 39 Edward 3. Jo. of Gaunts Cases 4 Ed. â— Nâ— 13. Rot. Parl. 42 Edw. 3. Nu. 23. Rot. Parl. 5 Ed. 3. 9. 52 Edw. 3. 2. Ca. 4. ejusd. The like in effâ—ct in 28 Eâ— 3. 3. 37 Ed. 3. 18. 42 Ed. 3. 3. This may proceed by Jury No repeal or non obstaâ—â—e fol. 746. Benefit Challeng Stam pl. Cor. T. Chaleng 〈◊〉 150. Poynings Case Sir Wal. Rawleign Brookes Acts. C. 19. Stam P. C. fo. 163. 164. St. Ph. and Ma. 1. and 2. C. 10. 1 Ed. 6. C. 1â— Clau. sult Cook 3. p. Inst. fol. 12. Stam P. C. 164. 89. 1 Ed. 6. C. â—2 1. and 2. Ph. and Ma. 10 11. â— Ed. 6. and 16. Eliz. 1. Gen. issue to particular Art Defacto de modo Several crimes several Answ necessary Practice of Council table Star chamber High Comission Spiritual Courte Lord Stafford Arch Bishop of Canterbury Pretended Justice but intended mallice Hyl. Proclamation of remove to each mans dwelling part of the remonstrance against him Declar. 17. April 1646. Ordinance Non addr in Jan. 1648. * Gordian a Foreseeing his murder in this maxime That Kings never survive their powers and liberties 11. of Hen. 1. Ca. 1. That the Subjects of this realm are obliged by reason of their allegiance to serve the Prince For if time being in his wars for defence of him and the land against every rebellion power and might read against him within the land or without ought not to suffer in life member estate nor office for so doing Col. Gibsons Case in 2. war at the Castles in Kent In the second Act These two will interweave Cook 3. p. Inst. fo. 14. and 38. 25. Ed. 3. Ca. 2. Open deed 30 Jan. 1648. Major Parker Barnard Idem Benson Bar. Benson Bar. Bar. Benson Bar. Benson Holms Ashley Ban Ben Holms Mr. Pâ—t subscribed to the Coppy of the Letter Smy Bar. Benson Bartin Hazelrigge