A true CONFUTATION Of a Fals and scandalous Pamphlet, entituled, The true state of the Case of Sir Iohn Gell, Lately published to deceiv the People, and to smother Sir John Gell's Confederacie with Colonel Andrews and others, under Oath of Secrecie, to destroie the present GOVERNMENT.

Or a sober VINDICATION of the COUNCIL of STATE, and High Court of JUSTICE from the impudent aspersions of that PAMPHLET.

Published to undeceiv all the well-affected of this COMMON-WEALTH.

By John Bernard Gent. Captain of a Troop of Hors in the Service of the Parlament.

LONDON, Printed by Will. Du Gard. 1650.

THe Pamphlet wee have to deal with, is a vafrous piece, made up of divers sorts of Scandals (of things and persons) som pointing directlie at the present Go­vernment, others in a more oblique line. And som are the scandals of persons, to leav an odium upon particular men. Wee think not to cut our waie through the whole Pamphlet, or follow as it lead's to everie particular page. The chief strength and substance of the whole lie's in the two first pages, wherein the Pamphletier pretend's to give a true ground, or state of the Case of Sir John Gel. And here wee shall laie our batteries, and put it to the issue in this short Answer, whether the Man in this great undertaking deale's indeed trulie, or but prevari­cate's. The Argument, as hee call's it, or Conclusion contein's the results upon the whole, and his illa­tions and inferences, which must needs bee fals from fals premises. And it is too great a conces­sion in anie wise man to argue with his Antagonist (otherwise then [...]) upon a fals principle. It is to invert the true rules of Logick, and change all into fallacies. Allow this, and the Sophister will conclude the day to bee night, and truth error, and light darkness, and turn the honestest man li­ving with his heels upwards and conclude him a verie knave. I have (the better to enable the Rea­der [Page 2] to a true judgment of the thing in question 'twixt mee and the Pamphletier) distinguish'd the things contein'd in the two first pages with a lesser Character, and the Answer with a greater.

Pamphlet. That John Bernard, with one Pits (by the name of Smith) desired M r Andrews to join with them in a plot, to surprise the Isle of Ely.

Answer. It is an ill Omen, when the man stumble's at the threshold, and offend's against the truth at the first setting out. In his Pamphlet hee saye's, that Lievt. Pit desired M r Andrews to join in a plot &c. It is appeal'd to M r Andrews himself, who in his own Narrative sent by himself to the Council of State, and now remaining with the High Court of Justice, saie's expreslie, that Lievtenant Pit (whom hee call's there by the name of Smith) was an absolute stranger to him (the said Andrews) till the 18 of March 49, which was (but) 6 or 7 daies before M r Andrew's apprehension at Gravesend.

And for that of Iohn Bernard's beeing charg'd by the Pamphletier to invite Master Andrews to the plot &c. If Master Andrews affirm's, and Iohn Ber­nard denie's, and leav the plot where hee found it first, to wit, with Master Andrews, wee shall exspect so much justice from the un-prejudic'd stander by, as to credit rather Iohn Bernard (a friend) denying upon his oath, then Master Andrews (an Enemie) affirming on his bare word.

Pam. That Andrews was thought to bee somwhat inclinable thereunto: Bernard com's to the Lord Pre­sident Bradshaw, and acquaint's him with it.

Ans. That Master Andrews was thought &c. by [Page 3] this Pamphletier's leav, it is (more then thought) known, acknowledg'd by Master Andrews himself in the fore-mention'd Narrative, that the plot to surprise the Isle of Fly was a brat begot of his own brain in the year-44. Master Andrew's own words are—A design in the time of War laid by mee for the taking of the Isle of Ely. It was M r Andrew's own plot ab o [...]o by his own confession: and however the Pamphletier would dawb it over, and gull the world that M r Andrews was (but) thought to bee somwhat inclinable thereunto, yet let M r Andrew's own hand speak his heart in this matter. ‘They are his verie expressions to a title all of his own hand­writing, and at this daie remaining with the High Court of Iustice, viz —I approve the putting of the Reformadoes forward to prosecute the getting of their arrears out of the fines or forfeitures of persons delin­quent, but not that they bee further acquainted with the design, then to bee readie in general terms when they shall see caus, and the place secure to repair to &c. I would that Captain Iohn B. go along with mee on Thursdaie next into C. Shire, and receiv sa­tisfaction there concerning the design, and to pass to Sir I. G. and acquaint him with it, and from him again bring to a place which at parting with him I shall agree with him upon an assurance how far hee will ingage, and how soon bee readie. That don I will post a servant over, or go my self and get out Commissions for officers General with power to give Commissions to officers in­ferior, &c To draw in the Reformadoes, they are to bee assur'd to have Commssions answerable to their former qualities, and paie as they muster; to which end an [Page 4] Establishment shall bee had: thus M r Andrews. And when examin'd upon this paper of his be­fore the Council of State hee confess▪d ingenu­ously that by the design (there) spoken of, was meant the surprizal of the Isle of Elie, and by Iohn B. Iohn Benson, and that by S r I▪ G. was meant S r Iohn Gell, though the Pamphletier would have kept us in the dark as to all this, yet wee see M r Andrews in this far honester then the other) deal's more plainly in the matter.’

But the Pamphletier (now) venture's (impu­dently enough) upon the Lord President Bradshaw, and there the Shoo wring's extremely. For no fewer then eleven several times hee bring's this Honorable and publick Minister of State upon the Stage. And the Lord President's crime is, that hee entertain'd M r Bernard's discoverie of a real plot to destroie the State. The Man's anger is, not that the State is design'd upon by evil and unthank­full men; but hee would have them prosper in their wickedness, and it offend's (even to rage) that a­nie true and faithful patriot should wake and watch in the preservation of the Common-wealth, and bring to light things that lie hid in darkness; other­wise, why not com to the Lord President with our honest matters? (such as are discoveries of the plots of Knaves upon the State) and why not ac­quaint him with them? But the Pamphleter's anger is still and his fellows, that there are in the Land, Courts of Justice and publick Ministers to punish Treasons and Rebellions, and the wicked actings of men against the State. It bring's to remembrance [Page 5] a pleasant storie of a famous Thief in Queen Elisa­beth's daies, that Petition'd the Queen for the good behavior against the Lord Chief-Justice Popham, becaus hee sought his life in all places, and hee went in danger of him (continually) for his life. May bee wee shall have S r Iohn Gell's friends (such as this Pamphletier and others) Petition for the good behavior against the Council of State and High Court of Justice, becaus in all their treache­rous designs upon the State, they go in danger of their lives.

Pam. The Lord President bid's Bernard go forward with the plot, as Bernard declare's in Court at the trial of Andrews.

Answ. Not an honest man but will say it was the dutie of the Lord President and Council of State, and their Honor both to intend the good and safe­tie of the publick, and to that end to bid and incou­rage Bernard to pursue the treacherous plot to a full discoverie. And Bernard declare's (not in Court onely, but) again and again in his Vindication (here) that (besides the Lord President and Council of State) Hee had the incouragement of divers others, friends and true lovers of this Com­mon wealth, to follow close and not give over to sound the plot (for it lay deep) to the verie bot­tom.

Pam. That Bernard did go again with Pitts to An­drews, and told him that if hee would draw an Oath of secresie and sign and seal the same, then Bernard would help him to 200 l. to bear his charges beyond Sea, to get Commissions to rais men for the effecting the said plot. [Page 6] And that both Bernard and Pitts, did promise to sign and seal the Oath of secresie likewise.

Answ. That Bernard did go again with Pitts &c. Still the supposition is fals of the acquaintance (to anie proportion of time) betwixt Lievt. Pitts and Master Andrews, when Pitts was not known to him (as before attested from Andrew's's own mouth) till within six or seven daies of his apprehension at Gravesend. The other things charged by the, Pamphletier, viz. of Bernards helping Andrews to 200 l. and Bernard and Pitts promising to sign the Oath of secrecie, it is referr'd to Bernard's Remon­strance of Sept. 10. now published in print, where 'tis spoken in this particular to full satisfaction.

Pamph. That Andrews beeing in necessitie, upon Bernard's motion did sign and seal the Oath aforesaid.

Answ. It is the first truth wee have obtain'd of the Pamphletier since wee met, that Andrews sign'd and seal'd the Oath. And becaus the bringing this dark and wicked plot to light is grudg'd at so gene­rally, and the thing christen'd by the Pamphletier (pag. 7.) by the prettie names of Fantasie, and Fi­ction, and Plaie, I shall present you with the Oath it self, or Ingagement (a true Copie of it ad ver­bum) extracted out of the Original, now with the High Court of Justice, viz.

WEE the Subscribers, (having first taken our voluntarie oath upon the holie Evangelists, to bee true, faithful, and secret each to other, in, and con­cerning our subsequent Ingagement; and not to impart the same, nor anie the designs whatsoëver in order to [Page 7] the execution of the same, proposed, and to bee here­after enterprized to anie person (King Charls and the Lord Hopton excepted) but under the l [...]ke oath of secrecie, do solemnly vow and protest in th [...] presence of God almight [...]e, That wee will do and use all our possi­ble kill and endeavor (though to the hazard of our lives and fortunes) to settle and establ [...]sh [...]harls the second, our rightful and law [...]ul Prin [...]e, in his thron [...] of England, against all Rebels, usurpers, or opposers what­s [...]ëver. Signed with our hands, and sealed with our s [...]als Decimo Octavo Martii, secundo Caroli se­cundi An. Dom. 1649.’

This is the Oath or Ingagement aliàs the Pamph­letiers plaie, phantasie, fiction to lead in to the plot laid not so much for the Isle of Ely, and [...]yn, and Yar­mouth, as for the ruine of the whole N [...]tion, Par­lament, Council, Soldierie, Government and all; and introducing a strange thing, a stranger King amongst us. It is left to everie man (not poison'd with this Pamphletier▪s principles) to make a judgment of this oath, whether persons that can lodg such vipers in their bosoms, walk wich such killing daggers in their heads, that meditate nothing but murders, and the slaughters of the best friends of this Common-wealth, ought to bee tolerated with us, and not rather to bee cast forth (at least) and proscrib'd, both they the wretched Autors of these things, and all that adhere to them, and plead for them, though under the most specious [Page 8] pretences whatsoëver. But the Pamphletier tell's, That Andrews his necessitie did provoke to this oath, (as if there were a necessitie of doing evil) and that Bernard wrought upon this necessitie, and mov'd Andrews to the thing. For the truth of this wee shall appeal to no other witness then Andrews him­self, in his own Narrative sent from the Gatehous to the Council of State. ‘His words are: About nine a clock of night March 19. 1649. I was sent for by Captain Ashley and Benson to subscribe the In­gagement which Benson had ingross'd. Again, in his Examination taken before the Council of State, the said Master Andrews confesseth thus expresly: That his hand and seal was to the parchment Ingagement (then) shew'd to him (which was upon the 19 of March, 1649.) at a cook's shop neer Tower hill, where Ashley and Benson then also sign'd and seal'd, and all those took the oath of secrecie. Here wee finde Ashley and Benson (by Andrews's own free confession) but no Bernard moving or inviting (in the least) to the Ingagement. And for Bernard's signing this Ingagement (for oath of secrecie nor hee, nor Lieut. Pitts did ever enter into) hee refer's to his Remonstrance of Sept. 10. 1650.

Pamph. That Bernard and Smith did sign and seal the oath also.

Answ. And for this likewise wee refer to our Remonstrance above mentioned.

Pamp. Then Bernard desir'd Andrews to write a Letter to som persons of note to subscribe the oath. An­drews [Page 9] thereupon write's a Letter directed to Sir Iohn Baronet.

Ans. Andrews himself saye's otherwise, that not at the request or instigation of Bernard, but hee wrote his Letter to Sir Iohn Gell upon a Letter hee receiv'd from Benson to invite to that purpose. This Master Andrews confesseth at large in his own Narrative sent from the Gate-hous (besides Benson's confession, now upon record, of the verie samething.) More­over, Andrews saith in that verie Narrative that the Letter here directed to Sir Iohn Baronet (with a blank, hee intended it verilie to Sir Iohn Gell, onely left out the name Gell for a blind in case of surprisal. Here Andrews himself speak's his own sens in his own words.— Hee wrote a Letter from New Inne at Gravesend to to Sir Iohn Gell which hee sent by Mr Bernard, and that hee believe's the paper now subscribed by the now Examiners di­rected for Sir Iohn (with a blank) Baronet is a true copie thereof; and that the Blank was intended for Gell, which was so advised, lest the Letter should bee surprised.’ All this is confessed by Andrews himself in his examination taken before the Coun­cil of State; besides that hee saie's in his Narrative (to the very same purpose) sent from the Gate­hous.

Pam. That assoon as this was don, Bernard had offi­cers readie, seized on Andrews for High Treason, and then bring's the Letter directed to Sir Iohn Baronet to the Lord President Brashaw.

Answ. The man is wide of the thing, and (still) report's falslie. Bernard had not officers readie, nor was Andrews seized upon assoon as hee had fi­nished his letter to Sir Iohn Gell; for the letter was wrott on Friday, March 22. 49. And Andrews not seiz'd on till the Mundaie following. But it still troubl'es the Pamphletiers spirit, that Bernard should carrie Letter, d [...]rected to Sir Iohn Ba­ronet, to the Lord President Bradshaw▪ So then if it can bee made appear that Bernard did not carrie this Letter to the Lord President (as indeed hee did not) wee hope this will cure him of his evil spirit; Trulie no, the Man's design is upon the Lord Pre­sident still, and hee care's not who scape, so his venemous pen fasten's there. But admit the Letter had been carri'd to the Lord President (as it was not, but presented to the Council of State by the hand of Master Legate.) Surelie the inference must bee an argument of the care and watchfulness of the Lord President, and his faithfulness to his trust, to dis­cover enemies, and secure friends, and seek the welfare of a poor Nation.

Pam. That the Lord President kept the Letter, and lets Bernard and Pits have a copie of it.

Ans. In this the Pamphletier speak's most impu­dentlie falslie— that the Lord President kept the Let­ter; for the Lord President did not keep the Letter; nor had Bernard and Pits a copie of it. This is the verie truth, and to give undoubted witness to it, call forth Master Andrews (once more) to repeat his examination [Page 11] taken before the Council of State; his con­fession is thus to a syllable, viz. That hee wrote a Letter from New Inne at Gravesend to Sir Iohn Gell which hee sent by Master Bernard; and that hee be­leeve's, the paper now subscribed by the Examiners directed for Sir Iohn (with a blank) Baronet is a true copie thereof, and that the blanck was intended for Gell; which was so advised least the Letter should bee surpriz'd.

In this verie confession wee have a candle of Ma­ster Andrew's's own lighting, to discover whether the Letter (shewed to him by the Council of State at the time of his Examination) was the original Letter hee writ from Gravesend to Sir John Gell, or (but) a copie of it. Master Andrew's's Answer in the Case is most positive, and without the least he­sitation, to wit, that hee believ's that the Paper shewed to him by the Council of State, directed for Sir John (with a blank Baronet) is a true Copie thereof. If a true Copie, then not the Original, as is most falsly, and with malice enough, charged upon the Lord President, to wit, that hee kept the original Letter in his own hand, and deliver'd Ber­nard but) a Copie to carrie to Sir Iohn Gell, when Andrew's himself confesse's the clean contrarie, viz. That the Letter shew'd to him by the Council of State was the same (indeed) for matter with that hee wrote to Sir Iohn Gell, but not the same original and numerical Letter. Master Andrews himself, in the presence of manie Honorable witnesses, ac­knowledging [Page 12] it no more then a Copie. Now if the Pamphletier still hold's of the minde that the Original Letter (for all this) is with the Council of State, or with the Lord President, Master Andrews (his friend) tell's him to his face hee speak's falsely, there's no original Letter there, nothing but a Copie. Or if Sir Iohn Gell can tell tidings of this Letter (so much controverted) (and such a thing hee did insi­nuate to the High Court at his Trial) hee should do well to produce it; but this is one of Sir Iohn Gell's tricks of Legerdemain and his complices, to saie and unsaie, to boast of great matters, but nascitur mus. If Sir Iohn know's of this Letter, as hee would make all men believ, let him bring it forth that wee maie believ him at least in this, to bee no hypocrite and Impostor-

Pamph. That Bernard and Pitts bring's the Copie, as they saie, to Sir John Gell.

Answ. Surely this man will never speak true a­gain▪ twice Master Andrews hath told him (if hee can believ a man of his own Religion) that the Co­pie of the Letter was left with the Council of State, and yet (nolit velit veritas) hee will have Ber­nard and Pitts bring this Copie (not the Original, but) the Copie of it to Sir John Gell. Besides hee tell's in his Pamphlet, that Bernard and Pits brought the Copie (as they saie.) Who wiil believ this man, if ever hee should speak true again, that drive's a full trade of verie tales. Bernard and Pits brought the copie to Sir John Gell, there's one; and they saie [Page 13] so, there's another. I think 'twere good this same copie of Master Andrews's Letter were hang'd up in Westminster Hall amongst the Scotch Clouts, to convince this Pamphletier and all his fellow infi­dels, thar there it is.

Pamph. That Bernard and Pitts both saie, Sir John Gell did refuse to act in the same plot, and so burnt the Letter.

Answ. Bernard and Pitts saie still (even what this Pamphletier please's) but it will prove a question shortly, how Sir Iohn Gell, upon the deliverie of the Letter to him, should (all) on the sudden refuse to act in a plot hee had waded in som moneths with so much zeal. Let Andrews bee heard speak to clear the thing, the verie words in his own Narra­tive sent from the Gatehous, are these, viz. ‘About the midst of December 49. I was invited to give S r Iohn Gell a meeting, and amongst other discourses, S r Iohn Gell did take notice of his irrequital for his service and his losses, and the misapplication of his and other's services to an end they intended not, and that hee desired to bee so understood, and when oppor­tunitie should bee, to bee so represented to the Prince, and did intimate, that if ever hee took up arms again, it should bee for the Prince, and at several other subse­quent meetings the discourses were general, and much to this purpose.’

And again in Mr Andrews's examination taken by the Council of State, hee confesseth verie di­stinctly thus, ‘viz. that S r John Gell complain'd, hee [Page 14] had not his pay, nor was consider'd for his service, and that hee intended not the end that was now brought a­bout, and desired to bee so unde [...]stood by the King; And that the Examinant, upon opportun [...]tie, should so represent it, and his w [...]llingness to do the King service. Mr Andrews saith further in the same Examination, that S r Iohn Gell had twice or thrice in March last bespoken him to beget a good opinion of him in the King; And was not satisfied in the waie hee had taken formerly, and that hee was sorrie for what hee had don against his Father, and if the King should hear hee was in arms, it should bee upon his score. One thing more yet M r Andrews's will tell us concerning this matter of S r Iohn Gell's refusing to act in the plo [...], how unlikely it is. The words in M r An­drews's own Narrative sent from the Gate hous are these to a tittle, viz. Wednesdaie 20. March last I wrote to Sr Iohn Gell to meet mee at dinner, hee promised to com, but came not, and sent his man to ex­cuse him and defray the charge, and that afternoon I saw him by chance, and hee told mee that hee had not subscribed, nor would, but what hee had said to mee as touching his realitie to the Prince, I might ing [...]ge my self for.’ Now put all altogether, and then let mee ask the Pamphletier what hee thinke's of S r Iohn Gell's refusing to act in Andrews's plot and the rest of them: and whether hee believe's it (still) in truth that Bernard and Pitts did [...]ver utter such a thing.

Pam. That the Letter was brought to S r Iohn Gell [Page 15] as Bernard and Pitts on a Saterdaie night after ten of the Clock.

Answ. It is acknowledged that Bernard and Capt. Pitts did bring Andrews's letter (writ at Gravesend) to S r Iohn Gell, to his lodging (then) in the Sanctua­rie Westminster, and did present the said Letter to Sr Iohn Gell's own hands about eight (not ten) a Clock, Saterdaie night: and what will the Pam­phletier infer hence?

Pam. Hear himsef. that M r Spittlehous a Mes­senger, had a warrant the next morning early (beeing the Lords daie) to apprehend S r Iohn Gell; All this of this libeller is verie fals: for neither had M r Spittlehous a Warrant the next morning early (beeing the Lords daie), nor indeed had anie Warrant at all (first or last) to apprehend Sir Iohn Gell. True it is Sir Iohn Gell was apprehended by Warrant from the Council of State; but the Pam­phletier, for haste, mistake's the Name, mistake's the daie; the Warrant was not drawn up till Mundaie morning, March 25. 49. And then directed to Captain Thornton, and yet not executed by him (neither) till one or two a Clock that daie.
Pam. That it doe's clearly appear that the Lord President was privie to all these proceedings.

An. This ignorant & malicious Pamphletier must konw (unless hee and the rest of them will bee igno­rant & blinde for all the light) that it is most con­sistent with the dutie of all publick Ministers of State to bee privie to the treasonable plots, and [Page 16] practices of wicked men against the State, such as this of Andrews and Sir Iohn Gell, and the others of that confederacie. And wee hope it will ope the the Eie of Autoritie wider, and call to more jea­lousie and watchfulness, when the loos pen of eve­rie vile Pamphletier shall dare to arraign even Justice it self, and the publick Adminstrators of it at the bar of Traitors.

FINIS.

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