Billingsley's examination was read by m' Hamden & sheweth that S. John Suckling invited him to ye Imploymnts about the surprisinge of the

Tower.

Captaine Nutts examination sheweth y y Earle of Strafford endevored to escape promising 20 thousand pounds & his Daughter in Marige to his sonne & to make one of greatest Maches in England.

Concerninge the English Army Colonell Ballards examination was read by m' Stapleton & sheweth that Captayne Cheadle brought downe many propositions that Colonell Goring should bee Generall of the Army & that ye Prince & Earle of Newcastle should meete them at Newcastle with 1000 horse. All wch propositions came from S Henery German and weare discussed by Sergant Maior Wallis & Captaine Cheadle.

Wallis' examination sheweth yt ye ffrench Army should assist them & that y Cleargy would at theire owne charge send a 1000 horse.

Captaine Knotsord doth not answ' to all interrogatories because of the oath of secrecy giuen him by m' Percy in his owne chamber att White hall in the p'sence of Captaine Henery Willmott.

Colonell Aspnam & Hugh Pollard wth others say yt the had all taken there oaths.

Mrs. Plomwell said a french man Carrier to the Queene brought Armes to her house & desired her to keepe them for yt ye house of Commons had made order that noe Papist should haue Armes in theire custodie, & then feched them away aboute the time that the Earle of Straffords escape was practised.

A Letter was read from S. Henery German whereby hee said hee hoped yt ye horseleechees of England would not bee sterued for want of Blood. And another M'. Mountague to German that hee expected the Earle of Strafford with them.

The examination of m': Blan sheweth that German desired to gett Portsmouth, & Letters from Robarts, A Bishopp of Calcedon in commendation of the English Papists.

The Earle of Strafford speech opon Conclusion of his defence viij. Aprilis

1641

My Lords, there remayneth another treason, that they say I should be guiltie of for endevouringe to subvert the fundamentall lawes of the land. that this should bee treason put all together, but is not treason in anie one

part (Treason Cumalative) that soe when all will not doe it alone wouen vp wth others it should seeme verie strange.

Vnder favou' (My Lords) I doe not conceiue that there is eyther statute lawe, or Common lawe that doth declare this endevouringe to subvert the fundamentall lawes, to bee high treason, for neyther statute lawe, nor Comon lawe written that euer I could heare of declareth it soe, and yet I haue beene diligent to enquire it, (as I beleeue you thinke it concerneth mee to doe) hard to bee questioned for life and hono' vpon a lawe that cannot bee shewen there is a rule I haue learned from Sr Edward Cooke, de non apparentibus et non existentibus eadem est ratio.

of

Iesu, where hath this fier layen all this while, for soe many hundreds yeares without anie smooke to discouer it till it thus burst forth to consume mee and my Children extreame hard in my opinion that punishment should bee a promulgation of a lawe or that a man should bee punished by a lawe subsequent to the Act done.

Take it into yo' consideracon for certaine it were better to liue vnder noe lawes at all but the will of Man then to conforme ourselves vnder the pteĉion of a lawe, (as mee thinks) and yet be punished for a Cryme that doth preceede the lawe, what man can bee safe if this bee admitted, (My Lords) it is hard in another respect; that there should bee noe token sett vpon this offence, by wch wee should knowe it, nor monition by wch wee should bee aware of it, if a man passe 'downe the Thames in a bote, and splitt himselfe vpon an Anchor and noe boy bee sett as a token, yet there is an Anchor there, the ptie that ownes the Anchor shall by the Maritan lawes giue satissfaction for the damage done, but if it were marked out, I come vpon my owne pill, Now where is the marke vpon this Cryme, where is ye token that it is high Treason, If it lye vnder water and not aboue noe humane prouidence can avoid it, laye aside all humane wysdome & let vs rest vpon divine revelacon, if you will condemne before you forewarne vs of the danger.

Oh My Lords, bee yo". LOPPS. pleased to haue that regard to the Peerage of England, as neuer to suffer yo'selves to bee putt vpon this Moote pointe, vpon such constructive interptacons of lawe as theise are, where the lawe is not cleare, or if, not knowen, if there must bee a triall of witte I doe most humblie beseech you the subiect matter may bee of somewhat else then the liues and honors. of Peeres.

My Lords, wee finde that in the primitiue tymes vpon the sound & plaine doctrine of the blessed Apostles, they brought in their books of various

L

Arts and burnt them, and as I humblie conceive it will bee wysedome & prouidence in yo". LoPPs. for yo'selves & yo'. posteritie and the whole kingdome to cast from you into the fyer theise bloudie misterious volumes of constructive & arbitarie treason, and to betake yo'selves to the plaine letter of the lawe & statute, that telleth you where the Cryme is, & by telling vs what is, & what is not, shew vs how to avoid it wthout beinge ambitious to bee more learned in the killing Art than our fforefathers.

It is now full 240 yeares since ever anie man was touched for this alledged Crime before myselfe, wee haue liued happie to ourselves at home, wee haue liued glorious abroad to the world, let us repose ou'selves and bee contented wth, that wch our fforefathers left.vs, and not awaken those sleepeinge Lyons to our owne destruction, by the ratlinge of a fewe Mustie Records that haue lyen soe manie Ages by the wall forgotten & neglected.

May your Lops, bee noblie pleased not to add this to my other Misfortunes befallen mee for my other sinnes (not for my treason) that a p'sident should be deriued from mee of that disadvantage (as this will bee) in the Consequence vpon the whole kingdome, I beseech you seriouslie consider it and let not my pticular case bee soe looked vpon, as that yo" doe through mee wound the Interest of the Commonwealth, And howsoeuer theise gentlemen say, they speake for the Commonwealth yet in this pticular I indeede speake for it, the Inconvenience and mischiefe will fall heavilie vpon vs, for as it is in the statute c. 11:4: noe man will knowe hereafter what to doe, nor what to saie, for feare of such paynes.

Doe not putt (My Lords) greater difficultie vpon the Ministers of State as that men of wysedome honor and fortune will not wth. Cheerefullnes or saftie bee Imployed for the publique, If you weigh and measure them by Graynes & scruples, the publique affaires of the Kingdome will be laid wast; & noe man medle wth. them, that hath hono' Issue & fortune to loose.. My Lords, I haue troubled yor LOPPS: longer then I should haue done, were it not for the Interest of those deare pledges a Sant. in heaven hath left mee (here hee stopt) I would bee both My Lords (here hee stopt againe & the Ladies wept) what I forfeit for my selfe is nothinge, but that my Indiscretion should forfeit for my Children, woundeth mee deepe to the verie soule, yo1. LOPPS. will pardon my Infirmitie, somethinge I would haue said but I am not able, (sighed) therefore lett it passe; And now my Lords, for my selfe, I haue beene by the blessinge of god almighty taught that the Afflictions of this present life are not to bee compared to that Eternal weight of glorie, that shall bee revealed for vs hereafter.

And soe my Lords even soe and wth all tranquillitie of minde I doe submitt my selfe clerelie and freelie to yo'. Iudgements and wether that righteous Iudgement shall bee to life or to death, te deu laudamus te dominu confitemur.

Articles off Agreement made and Concluded oppon the 24: day of Dec: 1645: betweene Coll: John Booth. Commander in Chieffe off the Siege before Lathome house on the one pt. And Coll: Roger Nowell, Coll. Edw: Veare, Peter Trauers, C. Walker and Andrew Broome Gent: Com". Authorised to treate and determine for and on the behalfe of Coll. Edw: Rawstorne Gouernour off the garrison off Lathome concerneninge the deliuery op off the house.

1. ITT is agreed vppon betweene the said pties that the s: house of Lathome with all the horse, plate, Iewells, moneyes, Armes, Ordinance, Ammunition, goods, and Cattell therein (without imbezilm'. spoileinge or defaceinge) shall bee deliuered vp into the hands off the sd Coll: Booth (or into the hands off such as hee shall appoint) for the vse off his Matie; and the parl': before 3 off the Clocke to morrow in the afternoone, together with all writinges and euidences within the same garrison.

2. Itt is further agreed vppon that the sd: gouernour off Lathome shall haue libertie to march vnto the garrison off Abbercanway, with his owne horse, sword, and pistolls and tenn pounds in money. And all the officers belongeinge vnto the sd: garrison off Lathome aboue the degree off a Lieftennant shall march with theire swords only vnto the sd garrison off Abberconway, And the rest of the officers and souldiers to march thither without armes, And to haue a sufficient Convoy to bringe them within a Convenient distance off that place.

3. Itt is alsoe agreed on that Coll. Roger Nowell and Coll. Edw: Veare shall march away vnto the said garrison off Abberconway with 2 such horses and furniture for the same as shall bee appointed for them by the sd Coll. Booth, together with 5 a piece in moneyes. And all others within the sd garrison off Lathome (exceptinge Mr Sherringeton, M' Heath and Mr Elice Heyes) whoe are to yeeld themselues prisoners vnto the sd. Coll: Booth. are to march away vnto the sd garrison off Abberconway without armes, or to the Committee off this County off Lanc': to make theire peace with them.

4. Itt is further agreed on that Mr Coote, John Rice, Humphrey Nelson and Henerie Holme together with all women and Children in the house shall haue Libertie to liue att theire seuerall habitations, or att some ffriends

houses neere vnto the sa. garrison off Lathome, vntill further order bee giuen by the Committee off this County.

5. And Lastly itt is agreed on that all the prisoners within the sd garrison off Lathome shall bee freely sett at Libertie before to morrow att S off the Clocke in the after-noone, and that such sicke persons as are within the sd house shall bee Carefully disposed off vntill they bee able to march.

in Witnesse
ROGER NOWELL.
EDW: VEARE.

PETER TRAUERS.
ANDREW BROOME.

A Coppie of a Letter sent downe by M.: Werden

London 17th No: 1640

THERE is great expectance of the event of this Parliam', there is a resolucon of strict pceedings against the Papists soe that it is supposed the pclamacon newly sett forth will be enlarged against them, the Lrd. Deputie of Ireland the last weeke was forbidden to take his place in the house, but as a dellinquent had his sword taken from him & put to the bar, and committed after to Mr Maxwell keep of the blacke rodd where he continues a p'soner, his accusacon was for Treason in Two pticulers sent from the Lower house & deliuered by M': Pim in the higher house, all monopilies goes downe fast, there are not any who had theire hands in any one, but are forbidden on a great paine for resorteinge to the house and to be excluded, soe that 40 principall men and more goes of, as Sr: Nicholas Crispe and such like, and new ellecons to be made, neither any younge gentlemen vnder 21 yeares of age are to be members hereof.

S: Willm Beetcher of the Exchequer is committed for searcheinge the pocketts & clossetts of some noblemen & others the last pliam. whose feare hath made him pduce his warrant therefore from the two Secretaries though against his will.

Yesterday beinge Munday S': Henry Spiller a Deputie Leevtennant was vpon the stage for Levieinge men & money.

S': George Radcliffe and others are sent for out of Ireland by the Parliam', and every day are expected.

M'. Burton and his ptners, and M' Walker the minister was last satturday set at Libtye, after more then a yeares Imprissonm', the ArchbushPP disclaimes to haue a hand in theire Comittment.