THE APOLOGIE OF THOMAS BƲSHELL, Of Enston in the County of Oxford, Esquire.

By way of vindication from the supposed Treason, or misprision of Treason laid to his charge, or suggested against him by mali­cious persons aiming at his life and fortune; toge­ther with the reasons of his absence, and right of his Demands.

Dedicated to those Honourable persons in the Parliament, Counsell of State, and High Court of Justice, who are lovers of their Coun­trey, and covet to do, as they would be done unto.

ANTWERP, Printed in the Yeare of our Lord

The Apologie of Thomas Bushell, of Enston in the County of Oxford, Esquire,

My Lords and Gentlemen,

DIvine Providence having freed me from the Gunshot of a malicious pursute, it were more than madnesse in me to come againe before the mouth of a Cannon, where my e­nemies are known to give fire, and their eyes levelling at my reputation, life, and fortune, but lest their cruelty should so far exasperate the treason laid to my charge (as to condemne me before hand) I shall by your favours, signifie herein, a true and breif demonstrations of my transactions, both how farre I am guilty, and for what cause, and wherein I have been abu­sed; as if I were at the high Trebunall where all must give an account, that so comparing the weight of my reasons, with their accusations, I may by your wisdomes be either acquitted or condemned.

In the first place, having long since had the happinesse of a very neere re­lation to that famous Philosopher the late Lord Chancellor Bacon, and be­ing instructed by the influence of his knowledge in the theorick of the My­norall profession, I resolved to betake my self to that innocent calling, and to make the practick part of direction, my companion to retirdnes, for the glorifying the God of Natute, by such publick designs, as well as by my private devotions, having formerly had the perplenities of a grieved fpirit, for the grand shate my youthes follies had purchased in this worlds rebelli­on, in prosecution whereof, having obtained the honour to be his Maje­sties sworn servant, and farmer of his highnesse Royall, and so by con­sequence bound to obey his commands, took an opertunity to acquaint him with the affection I had thereunto, together with the production of pro­fit, and honour it might bring to this Nation, if diligently persued by men of experience and free-borne minds, who would only resigne the suc­cesse to the will of the all-disposing power; and upon the result of our dis­course, I was at my own charge to cut through the Rocks of five severall-Mountains, at the lowest levell for a tryall, whence if Providence should sweeten my labours with quantity of Silver, his Majesty assured me under his signe Manuell, I should have the assistance of his Mint, to pay the mi­nor with his own Coyne, which his Royall Clemency performed like the King of the Meads, and Persians, notwithstanding I had the opposition of his whole Councell at a publick audience.

This high favour of his to the Common good, as also to me who had no other inheritance than the birthright of a younger Brother did double ob­ [...] [Page 2]that his necessities in War required my service, wherefore I should forbear the voyage, and share with him in the sufferings of these Commotions, which I willingly obeyed, with an alacrity not yet repented of, and fin­ding too apparently that his cause was more betrayed by the treachery of some of his Cabinet Counsell, and their Agents, than by the hostile acti­ons of his open enemies, made me then take the boldnesse to tell him the truth of my observations therein at large, and desired him to give me leave to stand upon my own strength, and to keep the Garrison of Lundy at my own charge, promising him either to die in the place, or that it should be the last Garison surrendred, and not then neither without (his Majesties Consent.)

Severall summons and attempts were made by shipping to storme, or starve it, but the one failing, and they fearing time might prevent the o­ther, the then Lord Generall Fairfax sent a Letter by his Drummer, pro­mising therein upon his Honour, that if I would come over Sea, and treat with him, and the Lord Viscount Say and Seale, I should have a safe conduct, if the propositions they made could not give me content, which were these, to take off my Delinquency, restore me to my Estate, and protect my person from an ill natured Creditor, untill I was in Actuall pos­session thereof, according to an Ordinance of Parliament made in that be­halfe.

And having obtained the Kings consent thereunto, with a caution under his hand, that I should not be over credulous of their vaine promises, which had made him great (only in his sufferings) and would not discharge my debts, yet the beliefe I had of a Lord Generalls Honour ingaged, a Parli­aments Ordinance, and many of the Lord Viscounts Sayes Letters to the same purpose, made me decline my Masters advice, and trust so much to the reallity of their Acts of honour, as I surrendred the Island accor­ding to their own desires, with all things thereunto belonging.

But instead of having my Estate restored unto me, or my person pro­tected, I was presently arested by an uncharitable Creditor (even in the time of my treaty) and no relief for either Person, or Estate, notwith­standing my dayly solicitations, and many intercessions made by the Lord Say therein to acquit his engagement; which ignoble proceedings in per­sons that pretend to Honor, did more perplex my grieved heart with sorrow for want ofmy creditors satisfaction, than to receive from you the sentence of a fatall death.

Now for the Treason laid to my charge, and proved by witnesses (as is reported) and wherein Colonell Andrewes, and Sir Iohn Gell, hath suffered, is of validity to condemne any man were he as innocent as a Saint; for no Negative being permitted, when the Affirmative is past, the party need not plead, but submit himself to his hard destiny; and therefore I shall by way of satisfaction justifie to you, and the whole world, that I deserve no more to suffer for what I am accused for, either in Consenting, [...]

For were I personally present, I could prove the Isle of Ely plot but meerly the snare to entrap the Cavaleers, and I feare me Captaine Holmes his necessities provoked him to Act in this Tragedy, by some hints he gave me and others of the imployment he had from some higher powers to that purpose, for I call God to witnesse, I never heard of the Isle of Ely plot from any other, but amongst the discoursing Cameroes of him and his as­sociate Master Bernard, in the presence of Colonell Andrewes at the Mer­maid neer Grayes Inne Gate, and Master Bernard very well knowes when he revived it the second time unto me at my own Chamber, and desired my hand of consent thereunto, I so much renounced it, that I never saw him after.

Neither did I ever speake with Sir Iohn Gell or any other about any such thing as is pretended, or he to me, but indeed I did Court Sir Iohn Gell's acquaintance with hope of profit, to be my partner, if by his means I could procure the digging in the Earl of Rutlands mannor of Hadden? but his bro­ther giving me notice, that double the value of the herbage which I had offered his Lordship yearly, nor the price of the inheritance, could not in­vite him to have the Mines discovered in Hadden field, made me soon sur­cease my sute, untill a man of greater power in the States imployment, might perswade his honour to looke upon the publick trade of a Nation, as well as his own particular interest.

Whereupon I revived my former solicitations by letter to the then Lord Generall Fairfax, for my right of [...]rticles, otherwise to take leave of my native country and travell; but receiving no other answer from his honour than that it was not in his power to performe it, and being suddenly after advertised of a plot laid by my adversaries, to apprehend my person, that I might not goe to a Commission for examining their accompts of above twenty thousand pounds which they have already received out of my Estate; I then addressed my Letter to the Lord President Bradshaw offering to justi­fie my actions against any pretended plots or conspiracies suggested against me, so that I might have a protection for my person, according to the Lord Generalls agreement, but being not admitted an answer thereof, and ha­ving been informed my enemies intended to presse the Generall Engage­ment upon me, at the hearing of my cause, wherein as yet my Conscience can no way be satisfied, I then obscured my self, and writ the true reasons of my suddaine departure, which are also annexed.

I shall therefore trouble your patience no more than in some few words to my charge of intelligence to the Prince, who being told that I was turned Rogue, for petitioning the House of Parliament with the title of Supreme Authority, did so much perplex my thoughts, knowing my heart not guilty of doing his highnesse the least injury, and the faithfull service I had done his royall father, to the value of thirty thousand pounds, acknowledg­ed under his majesties own hand, for cloathing his Army, besides the losse of ten thousand pounds by sea and land since these commotions began [...] ed [Page 4]such newes of the lines, as I had received from Captaine Holmet and his associate Master Benson, both which I gratefully rewarded, but this before any act of prohibition to the contrary was published.

Takeing it as granted for a generall rule since divine providence would not interpret the transgressions of Angels, nor men, to be sin before a law prescribed, the regality of humane reason I conceive ought not to im­pute treason to any before an Act established to all, besides it is not unknown to the whole State, that my chiefest intellect hath been a diligent lover of those manescrip Histories as concerned the present passages of States and Princes, ever since I had the desernable knowledg of the Lord Bacons pre­diction to the revolution of Monarchy, by his sencibillitie of a former Parliaments severity on himself, so that if I have been more vigilent than o­thers in gleaning the Vinyard of these moderne times, for my future compa­nions in solitude, I hope your Charities will not measure my innocent in­deavours to deserve death, since all save one Letter of newes, hath been as yet kept from the publique sight of any, and the perusall of the rest at your service.

But for any other advises, either before or since, I shall desire no favour from you, if found guilty in the least, (nay more) if any the pretended trea­sons, or misprisions of treasons, shall be proved by the depositions of any one witnesse that beares the reputation of an honest man, I shall then submit my self, to the alternate fate of my mis-fortune in the punishment of the fact; but if no other person can prove the crime, laid to my charge, than such whose former perjuries for gaine (I fear hath been too late made manifest to the World) I hope you will not be guilty of my innocent blood, nor abridge me that right my Articles assures me to my Mynes and Customes, when your better thoughts may very well judge, that my designes in tewne were only to follow those publique sutes, and to stop the Complaints of my more than solicitous Creditors, and not to imbark my self, after so much experi­ence of trouble, in a second Delinquency with such Knights of the Posts, when common sence makes me uncapiable of pardon or pity.

Or if unsearchable destiny, hath pre-ordain'd my dissolution by such wick­ed Witnesses, whilst I endeavoured the way to satisfie those friends which gave me credit, and to advance the trade of a Nation, by the assistance of fo­rain Merchants. I shall only say I have performed the good King my ma­sters Commands, to share with him in his sufferings here; and I doubt not to be partaker with him in glory hereafter, having forgiven the faults and fai­lings of my ensnarers, as I am confident his Majesty did freely pardon and pray for his.

I shall not therefore desire to lessen a letter in the pronouncing your judg­ment, nor seek to mediate the manner of my death, although it consignes me from the hurdle to the halter; For truly since I must die in your displea­sures, any death that shall please you shall not displease me; it being indiffe­rent whether the Fowls of the Air, or the Worms of the Earth, be partakers [...] me of the crime as from ta­ [...] [Page 5]poor Orphans, and Widdows, both for the good of my foul, and quieting of my Conscience, which is, that you would be pleased to hear the Cause now depending in your Court of Equity before I dye, that the manner how and when, each Creditor may be paid; may be set down, and setled by De­cree, according to any Deed of Trust, and my bargain with Forein Marchants long since made for that purpose, otherwise the Authors of my death, may afterwards be the ruine of my friends, and cause the curse of ingratitude to attend me in my grave, which one hour of your patience may decide: For if my Articles had been performed, and those Law-sutes, not forced upon me (I call God to witness) I had not troubled the conversation of any creature as a Companion, but the Libraries of the dead in some desolate desert: unles in way of recreation to direct Mynorall discoveries for the Common good; protesting upon the faith of a Christian I have no other heire to my affection than the reputation of a Gentleman, and the ambition of knowledge in the search of natures secrets. And therefore let me intreat your charities to see my Estate restored according to my Articles, made with the then Lord Generall Fairfax, and Viscount Lord Say and Seal, without forcing my Conscience to take the Engagemet; will be so clear an evidence of your noble inclinations to Iustice, as the whole world cannot but take notice, it was my crime and not my Fortune revived your displeasures against me (which being granted) I doe hereby promise upon the Faith of a Christian to submit my self, under the execution of your sentence, if within eighteen months, when these com­motions are over) I discover not so rich a Myne for Trade, and Treasure in your owne Iudgments, as shall ransom the error of my supposed treason, or procure an exchange, and this offer.

Although I am without any other power of your punishment, then what hath been already inflicted upon me by your late dis-favours, being barr'd from the prosecution of the publick good I intended my Native Countrey by unlocking the new Treasures of the Earth to supply her threating necessi­ties, making my friends to shun me like a plague-sore, and my Enemies to re­joyce in my ruine, whilst they enrich themselves, with what the liberal hand of divine bounty had freely bestowed, as a reward of my Industry, and my friends and debts unsatisfied, all these afflictions being placed to the sad score of my condition in Solitude. I hope there is no one amongst you who de­sires to retain the profession of Christianity, or hath the least pulse of Com­passion, beating in his veins, who will not deem this too great a burthen for humanity to bear, did not the pencill of holy Writ prescribe me the sweet­nesse of hope, with the balm of patience, to overcome my oppressions, and also asfures me the most perfect'st man knowes not his own soul, nor the proudest the certainty of his continuance.

Master Bushell's Letter to the Lord Generall Fairfax.

May it please your Excellency,

[...] [Page 6]in the compasse of my Conditions) withdrawn, my six moneths protection given by your Excellency worn out in solicitation, and my person in conti­nuall danger of Arests, by such only who have designs by my restraint to forestall my future fortunes, which mischief cannot fall singly upon me, but will in no small measure concern the Commonwealth in the Minerall affairs. And therefore in want of my restoration to my right in Mines, and Customs of lead, discouraging my endeavors in new discoveries, and in want of convenient liberty to recover my rights, and pursue my services in Mino­rall works, I must make use of my last Article with your Excellency to tra­vell, though not without much reluctancy at my disapointment, to be an­swerable to my Country, Creditors, and relations by my just endeavours. And under this protestation, neverthelesse that I shall not interest my selfe afresh in the continued quarrell, but seek to exercise my knowledg, and faculty in Mines in other parts, having not failed in mine own Coun­try by any cause imputable to my want of skill, or industry, or adventure. My Lord, however unfortunaate I am, I shall not abate of my profession to be

Your Excellencies most humble Servant Tho: Bushell.

For the Right Honour [...]ble the Lord President Bradshaw.

My Lord,

BEing informed that those which procured the possession of my Estate in the time of my Delinquency, do not only seeke to wrest me out of it, by the power of their purse and freinds, but likewise endeavour to ruine my reputation with the Parliaments, Army, and Counsell of State, by their scandalous Agents; and to that purpose have procured severall warrants from your Lordship to secure my person, pretending some plot against the State, which I believe upon true examination, will prove to no other end but to make such Authority their devices, for the better accomplishing their wicked dasigns, against my life and fortune, as also to obstruct my present liberty, that I might not goe to my Mines in Wales, to the executing of a Commission for perfecting the accounts of twenty thousand pounds be­tween us, hoping thereby to enjoy the continuall possession of my Estate in the Mines, from me and my Creditors, without contradiction, although formerly assigned to Feoffees in trust, for the payment of my just debts, due to Orphants, and Widdowes Be pleased therefore, my Lord, in way of charity and justice, to move that I may either be restored to my estate, according to the Articles made at the Rendition of Lundy; or my person freed from Arests, untill I recover the same in a Court of Equity; and I shall upon sight thereof appeare before the Counsell of State, or high Court of Iustice, to Vindicate the aspersions laid upon my action, against all op­posers, and submit my selfe to their honourable censures, if upon just proof they find me guilty of any crime worthy of their displeasures▪ so God [...]

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