Selected quad for the lemma: lord_n
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A29139
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A true relation of the proceedings, examination, tryal, and horrid murder of Col. Eusebius Andrewe by John Bradshaw, President of the pretended High Court of Justice, and others of the same court published by Francis Buckley ...
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Buckley, Francis, Gent.
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1660
(1660)
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Wing B4155; ESTC R19632
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53,776
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80
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and of Queen Elizabeth and of Edward the sixth Now my Lord an evidence either taken in writing as the person will voluntarily give it or cautiously taken as the examiner will ask it who is not sworne to take it indifferently no more then the framers of the questions are to propound then fairly may be a seeming faire opposite and a full testimony which upon enquiry into circumstances either concerning the person giving testimony or concerning the Modus the Vbi the Quando c. the whole laid together may prove either nothing or a malitious thing The Case of Sir Thomas Moor Lord Chancellor accused for Bribery is common and I hope if mine have faire play it will prove no worse 3. The third and last right and priviledg you take from me is the many of all the rest and to the making of which as it should be made up all the rest are but conducing and leading that is of a faire Verdict My Lord By a Jury a verdict passeth from all or not at all one knowing conscientious man may preserve that Innocent man whom eleven either ignorant or careless men would destroy This Courts sentence is to be stated by number of voyces and some of them possibly not judging their own Judgments but concurring where their opinion of anothers Judgment shall lead them which as it was the great evil of the late Court of Star-chamber so wheresoever it is used in tryals of life especially it is and can be no other then an evil My Lord By from a Jury a verdict passeth before their discharge upon their necessary affairs nay affairs of nature therefore will give it both the righter because their evidence is fresh in memory without the intervention of other matters as also for that they are without opportunity to be perverted by money or friendship If this Court receive the evidence to day they may at any time before the 29 day of September next give their sentence for vere dictum I never expect but from a Jury and in the mean time how much their own affaires may put the remembrance of me out of their heads and how much the States power may put my safety out of their hearts I have just cause to suspect for fear I will not being resolved never to be in love with that life which the common law of England cannot protect and had rather die the Laws Martyr then live the States slave The Close My Lord I have said and now it only remaines that I tell your Lordship that I desire you to take into consideration what I have said that you would not suddenly but deliberately give your Judgment Whether I ought to plead before you as Judges and to the charge in Articles and not in a presentment or Indictment whether to be tryed without a Jury condemn'd upon evidence unseen Which this is I desire it may be recorded As I do not now wilfully refuse to plead or answer but offer my reasons for the suspension of my Plea until your judgment in the points be known and pronounced so if I be in them overrul'd I shall then give such Answer to the charge as shall become a man in my condition Fiat voluntas Dei modo in ruinâ meâ Eus. ANDREW 3. 7. 2. 1650. Here the Att. Gen. Prideaux put a stop to Mr. Andrewe telling him that the Court was not at leasure to take notice of those law cases but of his confession that he had an affection to act though nothing acted was sufficient Treason and for that affection he deserved death and thereupon the Court pronouned sentence against him Thus was the Birth-right of the Freeman of England denyed by most cruel murtherers whose only will was their Law IF I be overrul'd by the Court that I must either answer or be sentenced for my wilfulness Then I move that I may have a Copy of my charge and a day assigned me to deliver in my Answer under my hand Upon these Reasons 1. If the Court proceed upon Articles they cannot in reason conceive that I can plead the general issue to particulars for in so doing in case I be convinced of any one Article I shall receive the doom of all 2. For that De facto some of the Articles may be true yet de modo they may not be valuable against me and upon the general issue I shall not be received to qualifie fact with circumstance so in stead of being allowed the freedom of my defence which is allowed to every thief at Newgate I shall be tryed and snared by such confession or proof as will serve the turn of my prosecutors and not preserve my self by making my self and actions understood The Articles are of several kinds and crimes and as one single Plea will not be applyable to them all so it is but requisite that I have a Copy of them to give thereby to each one his proper Answer which though in Indictments is not allowed yet in this way of proceeding was never denyed in the most Arbitrary Courts The Council Table gave a charge and received answer in writing in cases of contempt against themselves or their commands The Star-chamber afforded the Defendant a Copy of the Bill and liberty to examine and cross examine witnesses in case the fact charged were denyed by the Answer The High Commission the like by their Articles and proceedings upon them My Answer if not in writing may either not be understood or misapprehended or miss set down by the Clerk to my prejudice If this be denyed me then I must conclude they intend to wipe of my head with the smooth glazed sword of pretended Justice and must apply my self to my memory in reference to the charge and shall hear it read which by my own knowledg of what hath passed between the State and me I may conjecture and therefore prepare these following heads to help memory which in a case of so much concernment is not totally to be relyed upon First As to what may be alledged against me in general terms as a disaffected person and oppugner of the State or otherwise c. There are two things which draw subjection and oblige persons to a Commonwealth 1. Protection in the State 2. Personal engagement or fealty in the Subject First Protection I have received none but stand in the condition of a proscribed person 1. State if any sequestrable and not permitted by the laws of the nation to vindicate it 2. Calling taken away which the Turke would not have done had he been conqueror 3. Dwelling not permitted where I can subsist but where I may be obnoctious to want and to the States infliction of punishment when they shall take occasion to repeat upon me any thing which they shall call a crime in reference to my passed Actions for the late King and my now Soveraign 4. Right I can have none unless I will
A True RELATION OF The Proceedings Examination Tryal and HORRID MURDER OF Col. Eusebius Andrewe By John Bradshaw President of the pretended 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