judgment the rest would abide, should addressed, as never being more than a phantasm, and to sir John, that under an oath of secrecy he would satisfy him, but durst not trust Benson, and Barnard was to him a stranger. With this they departed, assuring me that they thought no more would be expected from sir John, and that they would, or one of them, away that night to the company; and that the next day being Tuesday, the money should be paid at the Palsgrave's-head.

They broke their time, and my occasions prest me into London, being next day to be gone by the Act; and about 9 of the clock at night, I was sent for by captain Ashly and Benson, who delivered me a letter from Barnard, pressing me to subscribe the Engage ment which Benson engrossed; and that being done, he would go with me the next day to Gravesend, and the gentlemen of Kent should meet there, and there the money to be paid.The tide being fit for passage on Wednesday, Barnard came not, but Benson pretended him to be at Tottenham-court with the Bucking hamshire gentlemen, and that he was well horsed, and would come presently, and should follow; and so captain Ashley and myself, with no more than 50s. in my purse, presuming upon the money there, went to Gravesend, and expected till Thursday night, but found no Kentish men, and no one from London coming. Capt. Ashley went that night with the eveningtide for London, to enquire the reason: and on Friday morning early came major Barnard, and Mr. Smith with a letter from Benson, purporting that if sir John Gell would not co-ingage under his hand and seal, with those whose names were subscribed, of which I only know Barnard, 'Smith, Benson, and Ashley, they would go over themselves, meaning himself and Barnard, to the Prince, and spoil both mine and Sir John's credit with him, and disappoint all that I intended in his favour: and that he had letters from sir John, which he could produce, should make him repent his refusal, or to such effect; and therefore desired me to write to sir John Gell, to let him see his danger; which I did, laying the case before him, and not pressing him, but leaving him to do as God should direct him, and his judgment lead him. With which letter Barnard and Smith went away, with assurance that whether sir John Gell engaged or not, I should hear next day from them, and if he did engage, they would come down and go for Rochester, where their former undertaking should be performed to me; and if he did not, I should be disengaged, and have my subscription and seal sent me, and the design should fall. I expected till Saturday night, and finding no answer, resolved on Monday to intend my privacy in the country, upon my first purpose for New Albion; and in the morning early was seized by a party of horse, and brought to London.

My Lords; In that Narrative you will see a believing nature wrought upon by treacherous men, such who cannot be true to any, whilst false to parties. The pretended design vanish

not worth your regard, the real design effected, so far as they had power or opportunity; that is, to bring the game into the toil, and there leave them to be entangled and made a quarry. You will find me passively active, being prompted and enticed by their insinuation, and not once but hearkening to them. It lies in your lordship's power to cut me off, by extending which, you can arrive to no honour amongst men; and possibly, by an act of lenity, you may do an office acceptable to God.

'Cujus fiat voluntas, modo in ruinâ meâ.' Whosoever shall be present at my Trial, or into whose hands this Narrative shall fall, will easily conclude with me,

Quos vult perdi Deus, hos dementat prius.'
EUS. ANDREWE."

On Tuesday the 1st of April, after his remove to the Tower, he was called to be further examined, and at his return writ back to thein some particulars, (viz.) concerning captain Holmes, by want of niemory not before signified. And in case the state should have suffered aught by the said Holmes, it might have made Mr. Andrewe incapable of lawful favour by reason of his tenacity concerning the said Holmes, who, for aught Mr. Andrewe knew, was guilty of his being betrayed; and if so, might as well intimate his knowledge of Holme's purposes, to the end that Mr. Andiewe's concealment of them might augment his crime: and also concerning Mr. Thomas Baruard, who being at large and unquestioned, Mr. Andrewe had cause to have the like jealousy of.

On Friday seven-night following, being the confronted with sir John Gell, and avowed 11th of April, he was called again, and was what he did indeed neither directly deny, nor was troubled that he did aver; freely telling the President, that howbeit he did not remem ber some things in point, yet he was confident that he would not do him, nor any man wrong; and then declared to the President, that he looked upon sir John Gell, as upon himself, as a betrayed man; but as concerning others, he knew not by whom, he had been free in his confessions, though to his own injury. He then acquainted their lordships, that he had something to rectify in his former examinations and Papers, upon better memory, in point of material circumstances. They directed him to put them into writing, and to send them, and they called for his hand to the former Examinations and Papers; which he gave them, and the same day writ to them as followeth: To the Right Honourable the Lord-President

and Council of State.

May it please your Lordships; According to the favourable licence by your lordships to me given, I have digested into writing those matters of circumstance, wherein my Examinations and Narrative are in defect of my memory only incertain and short; humbly praying, that they

may be received and made a part of that relation, which I must abide by at my Trial; and that the former errors may be rectified, and defects supplied so far, as by this supplementary account upon my serious recollections given, may be done. And I shall then be confident, I shall appear not to have wilfully concealed, however guilty, or misrendered any thing pertinent, whether the same carry with it my condemnation, or excuse.

him by Holmes, (at least pretended) before I saw him, and I believe, after Twelf-tide I was invited to him, and entrusted by bim in the composing the differences between him and his lady; in the last term I drew his Answer, and in the several times of our casual or occa sional meetings, the discourses have amounted to what I have before signified, and in your presence and his avowed; and how more exactly to give your lordships an account in time, I cannot.

As to the matter of the Engagement, I abide by what I have formerly said, with this only, that at my engaging, which was late in the night, before my going out of town, in obedience to the Act, I was promised by Benson, that if sir John Gell, and their pretended friends of the country, did not co-engage, I should be disengaged; and in the hour of my going away, Barnard being not ready, according to promise, but by Benson pretended to be at Tottenham Court, with some Buckingham

What passed between myself and Mr. Barnard, before my acquaintance with Holmes and Benson, and which is exprest in my Answers and Narrative, was in time before Easter-Term last, when there was an order for departure of persons in my condition, from this town: and I, in obedience thereunto, did leave this city on Saturday the 6th of May, and came to Mr. Osborn's house at Carlton-Hall in Suffolk, on Thursday following; from whence I stirred not at any time more than 5 miles, until the 6th of August, when I was sent for to make assurances between a kinswoman and her husband in pointshire men, and that he would undoubtedly folof jointure, by then to me mutually referred in which business, and in other matters between another kinswoman, and a merchant of London, being under reference to arbitrement: as also in endeavouring to get some friend to contract in the behalf of my daughter, for the reversion of a lease holden of the dean and chapter of Ely, in which she is interested for a life in being, I continued in and near the city until the 3rd of September; in which time Barnard voluntarily brought to my acquaintance Holmes and Benson, upon the pretences in my Answers and Narrative set forth, to which I humbly refer.

The Note which mentions Benson's going with me to Cambridgeshire, and so to sir John Gell, which in my Answers I have expounded, was drawn from me by Barnard's importunity, and written at his request; but what use he made of it, (other than to lay it up, and reserve it for his present purpose,) I know not, nor had any account of it, but went away the 3rd of September, there being no conclusion of any thing to be done in substance, or circumstance positive. But Mr. Barnard, who knew how to direct to me, promised by letter to intimate further to me; from whom after that, I never received any letter or message to that, or any other purpose, until my return, near MichaelmasTerm; when he told me, that the unsuccessfulness of things in Ireland had been the impediment.

As to the day, viz. the 18th of October, heing the fair-day at Ely, it was only in discourse mentioned to be an opportune time, in case the Isle were (as indeed it was not) garrisoned. Neither any solemn, or serious design or conclusion, then-to-fore or then-after made or laid, other than in transient communication; nor any person engaged so much as by word or promise, until this fresh stratagem was set on foot by Barnard.

I drew sir John Gell's Petition before Christmas, and had several compliments from

low: I told Benson, as I remember, in the presence of capt. Ashley, that whether he came or not, I must for the prescut remove to Gravesend, not having convenience of horse to go elsewhere so suddenly. And if there were performance on Barnard's part with me, I should be ready on mine; and if not, I desire to be disengaged, and left to pursue my private occasions into Surry. And I did really carry with me deeds of my clients, to have employ ed myself upon, in case of their failure with

me.

I humbly beg your lordships' pardon for a favourable interpretation of this trouble, which is a duty to truth, and right to others and myself; which could not be omitted by, my lords, your lordships' humble prisoner and servant,

EUS. ANDREWS.

This, together with a Petition for allowance and liberty of friends' resorts, being the same day signed in the presence of the Lieutenant, were sealed up, and sent to the Lord President's own hand. This was his second Petition, which, with a former to the same effect (and not of moment to subscribe) did never receive any answer. At the same time he writ to sir Henry Mildmay, on the behalf of the gentlemen who were taken with him.

Mr. Andrewe, at several times, took upon him to aver to the Committee of State, 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. Scott 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 Honourable the Lord President, and Council; the humble Petition of Eusebius 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 aught reserved concerning humself, or any person or thing, which may satisfy your lordships, and more secure the state, and is not hopeless to be looked upon as capable of your present favour and future mercy, which he now doth and shall always 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 itself becomes a punishment. Your Petitioner, casting himself at the feet of your lordships, humbly prays, That his being prosecuted before the High Court of Justice may suspended. That, by your order, his past 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 freedom of his pen. And in case your Petitioner shall be found in the least to misapply those favours, he shall adjodge himself worthy of a total deprivation of them, and of your future goodness towards him. And your petitioner, &c.

be

of the Church and Tower, and the freedom of his friends' resort; and that order may be given for the debt incurred there, in the time of his close restraint, to be discharged.

And your petitioner, &c. The Warrant of Commitment, which I could not get a Copy of till the 14th of July, is as followeth:

These are to will and require you, herewith to receive into your custody the body of Eusebiuś Andrewe, esq. and him you are safely to keep in close imprisonment in the Tower of London, in order to his further examination, be being committed unto you for High Treason, in plotting and endeavouring the subversion and alteration of the present government. this you are not to fail; and for so doing, this your Warrant.

shall be

Of

Given at the council of state sitting at Whitehall, this 30th day of May, 1650.

Signed in the name and by the order of the council of state appointed by authority of parliament,

JOHN BRADSHAW, President. To the Lieutenant of the Tower of London.

This Warrant is vicious in itself, for two Reasons, which make a right Warrant of Commitment, Coke's 2nd part Instit. fol. 52, 590, 591, allowed by the Parliament: 1. That it is not done by due process of law. 2. That it hath not a conclusion, viz. And safely to keep until he be delivered by due course of law.' This was less than was looked for, though as But leaves it indefinite, and is rather a conmuch as he could venture on; in which his de- demnation to perpetual, at least, to arbitrary sire for respite of his Trial was inserted, to imprisonment, which is worse. The close imprevent only his being the first, and exasperat-prisonment is but in order to his further Exaing them by giving others aim in the scrupling the court. This Petition was solicited thirtythree days, but no answer could be obtained; and his wants growing upon him daily, he put in the Lieutenant's hands this following Petition:

The Petition, (with Stile as formerly, &c.)
Sheweth,

That your Petitioner hath been 12 weeks close prisoner, his friends neither permitted to visit, nor daring to relieve him; his score for necessaries swoln beyond his ability to discharge, his credit protested, and nothing more visible to him than his immediate perishing. That he hath not been wanting to pray your favours, having three petitions lodged with your lordships, constantly solicited, but unanswered. That he hath in his confessions spared nothing which can more conduce to the state's security, or his own condemnation. Your Petitioner therefore humbly prays, That, if at all he must, he may speedily receive his Trial, he being ready to submit to the will of God in the issue. That if mercy be reserved for him, which he hath and doth implore, your lordships would please to admit him to sue out his pardon, and to a free conversation in this Commonwealth, upon security given for his good demeanour. That in the mean time he may have the liberty

mination, and he had been twice since examined, and signed his Examinations before Easter, and did not refuse to answer any question de nanded of him.-The Warrant is dated from the Council of State sitting at Whitehall, the 30th of May; whereas he was brought to the Tower the 30th of March, being Sunday, by seven in the morning, at the opening of the gate (no Council sitting) and the Warrant signed on Saturday the 29th of March.

Having attended a month in expectation of an Answer to his last Petition, he petitioned the Parliament again.

To the High and Honourable the Parliament of England,

The humble Petition of EUSEBIUS ANDREWE, Esq. close Prisoner in the Tower of London,

Sheweth,

That your Petitioner hath been, by a confederate Pack of Setters, wrought into actions, 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 quality and fortune into the same entanglement. That failing of that part of their aim, the said Confederates did be

tray your Petitioner to the honourable Council of State, by whose Warrant he hath been sixteen weeks a strictly close Prisoner, without a fortune of his own, the access of friends, or means of subsistence allowed; and is to perish by his wants, before it be distinguished by a public Trial, 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 Secondly, That by the statute of 42 of Edw. bread. And in case he should be called from 3, chap. 1, 1. The Great Charter is commandsuch his close restraint to his Trial, must be ed to be kept in all the points. And, 2. It is destitute and deprived of all fair means of mak-enacted, that if any Statute be made to the ing his reasonable Defence; which, however, it may suit with policy, will not be consistent with religion and honour.

To the Right Honourable the Lord I and Council; the humble Petit! sebius Andrewe,