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A75331 The several arguments at lavv of Col. Eusebius Andrewe at his tryal, before John Bradshaw, president of the pretended high court of justice shewing the illegality of their proceedings, and passing sentence of death against him. Published by Francis Buckley, Gent. who was assistant to Mr. Andrewe in the time of his imprisonment, and an eye witness to all the said most bloody and execrable proceedings. Andrews, Eusebius, d. 1650.; Bradshaw, John, 1602-1659, attributed name. 1660 (1660) Wing A3117A; ESTC R231612 53,671 79

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The several ARGUMENTS AT LAW OF Col. Eusebius Andrewe AT HIS TRYAL Before JOHN BRADSHAW President of the pretended High Court of Justice Shewing the Illegality of their Proceedings and passing Sentence of Death against him Published by FRANCIS BUCKLEY Gent. Who was assistant to Mr. Andrewe in the time of his Imprisonment and an Eye witness to all the said most Bloody and execrable proceedings LONDON Printed for Daniel Pakeman 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 examiners 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 then 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
Governor c. His being with the Prince My being with the Prince in Holland I was there before him and in good manners having been his Souldier Secretary to the Lord Capel visited the Court and took a friend from and pulling him off and this in his fathers life time he being by him commissioned Refus'd command for Ireland having expectation upon the treaty then on foot when it seems warr was so precious that the Petitioners for peace were Voted Malignants and disabled c. My message to Lord Hopton and Letter was to certifie to the King my Interest in the Office of the Clerk of the Crown in Ireland and to pray him that if he surrendred there he would not give away my right in my absence which was a duty I ow'd to my Family and Person and which every man in my condition would do The answer was only pertinent to such request and as then not prohibited to be done either to send or receive from any Mutual-Interest the Commons are not to take notice of being private and obscure and only currant amongst their relators the Souldiery Testimony of Barnard not allowable for unless he can fix upon me he loseth his reward and all done only in confidence of him who held intelligence with the Lord President Bradshawe so that no danger at any time to the State but an expectation in them to get by the bargain by my drawing in others and then all to be snapt Smyth a counterfeit name and Pitt his name party with Barnard My name Dudley only as to Barnard in this kind of casual to others only to prevent arrests of other mens debts least by a suspition on my place of abode my name should be discovered to my Creditors My name and person known and perfect where ever I lay Gravelend at Feres at Sartaines at Coopers at Perkins at Manes ordinary Carleton-Hall and known to all the streets and people Detaining them close prisoners Decemb. 15. 1641. Remon fol. 7. without the liberty of using Book Pen Ink or Paper denying them all the comforts of life all means of preservation of health c. denying them the means of spiritual consolation not suffering them to go abroad to enjoy Gods Ordinances in Gods House or Gods Ministers to come to them to administer comfort to them in their private Chamber ●nd fol. 8. Compare 9. Act for Removal Act for Engagement Fol. 9. And the ordinary course of Justice the common birthright of the Subject of England obstructed unto them The restraint of the liberties of the Subjects in their Habitations Trades and other interests Starchamber deprive men of the society of their friends exercise of their professions comfort of books pen c. Judges awed that they durst not do their duties fol. 10. fol. 10. New Oathes been forced upon the Subject against Law fol. 10. New Judicatories erected without Law The pretended Court of Earl Marshall was arbitrary and illegal in its being and proceedings fol. 10. The Bishops 13. They imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and lay for maintenance of their own Tyranny And then Magnifying their own doings in this Parliament they say That fol. 17. These things will appear only in future times in story to give us and our posterity more occasion to praise God for his Majesties goodness and the faithfull endeavours of the Parliament fol. 16. The Laws of the triennial Parliament and the non dissolving of this without consent of both Houses may be thought more advantageous then the former fol. 22. What can we the Commissioners do without the conjunction of the House of Lords Acusatores Cic. in ver Carere debet omni vitio qui paratus est in alterum dicere Nulla salus Reipublicae major est quam eos qui alterum accusant non minus de laude de honore de famâ suâ quam illos qui accusatur de capite as fortunis suis perti●●escere Itaque semper hi diligentissime laboriosissimeque accusarunt qui se ipsos in discrimen existimationis veniri arbitrati sunt Exempla Domitianus dum Rapinis intendit anam●●● ita Aures delatoribus patifecit ut nihil cuiquam Tutum esset Allex ab Allexandro Lib. 4. Cap. 22. Multa esset oportet in eo qui alterum accusat primum integritatem atque innocentiam Nihil est enim quod minus ferendum est quam rationem ab altero vite reposcere eum qui non possit suo reddere Cicero in Ver. Tuta frequensque via est per amici fullere nomen Tuta frequensque licet sit via Crimen habet Fraus fidem in parvis sibi praeservit ut cum opere precium sit magna mercede fallat Barnaldus vidit omnia perdidet omnes To Plot. Must argue the Propounder and Consenter to be both of one mind If not but that one intends not the thing purposed but to betray the other by his consent thereto cannot be a Plot in any interpretation The same for Contrive or Endeavour 2 Clau. as to the second Clause in the Act for Establishment Est inno●ua adversitas ubi iniquitas Null A. Est vita infelicissim● in qua adversitas Null A. Sat Miser est qui semel est Miser Periissem si non periissem Fiat voluntas Dei m●do in ruinâ meâ Eusebius Andrewe The Several Arguments of Collonel Andrewe at his Tryal The First Argument My Lords and you Gentlemen Members of this Honorable Court. I Have as becomes me been attentive to the charge which hath been read against me It appears in that dress it is put already though I presume it shall be clad in other apparel by Mr. Attorney so specious and so great as that my friends if I have any here begin to fear the indifferent to doubt and the partial to desire and joyne in my condemnation my self I hope I am not partial to my self believe that it will be no more then the mountaines labour Perturient montes c. and when it shall come to be dissected will prove to be inane aliquid like the Apples of Sodom that however they take the first sence the eye as this the eare do rather foul the fingers that touch them then satisfie the appetite in its expectation upon them My Lord I am at an unusual Barr and engaged in a great cause of a far extendible concernment my fee is life and my duty is self-preservation which in it self were less considerable if by a president of my suff'ring the consequence would not prove mischievously Epidemical I do not willfully refuse to plead to the charge but humbly crave leave to offer my reasons for the suspending of my Plea And if I be importunate yet within the bounds of civility I beg your pardon and that I may have a full a free and an uninterrupted hearing My Lord When the Jews prest Pilate to sentence