THE APOLOGY OF THOMAS BUSHEL, 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, Counsel of State, and High Court of Justice, who are lovers of their Country, and covet to do, as they would be done unto. ANTWERP, Printed in the Year of our Lord The Apology of Thomas bushel, of Enston in the County of Oxford, Esquire, My Lords and Gentlemen, DIvine Providence having freed me from the Gunshot of a malicious pursuit, it were more than madness in me to come again 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 condemn me before hand) I shall by your favours, signify herein, a true and brief demonstrations of my transactions, both how fare 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 wisdoms be either acquitted or condemned. In the first place, having long since had the happiness of a very near relation to that famous Philosopher the late Lord Chancellor Bacon, and being instructed by the influence of his knowledge in the theoric of the Mynorall profession, I resolved to betake myself to that innocent calling, and to make the practic part of direction, my companion to retirdnes, for the glorifying the God of Natute, by such public designs, as well as by my private devotions, having formerly had the perplenities of a grieved fpirit, for the grand shate my youth's follies had purchased in this world's rebellion, in prosecution whereof, having obtained the honour to be his Majesty's sworn servant, and farmer of his highness' Royal, and so by consequence bound to obey his commands, took an opportunity 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 pursued by men of experience and freeborn minds, who would only resign the success 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 level for a trial, whence if Providence should sweeten my labours with quantity of Silver, his Majesty assured me under his sign Manuel, I should have the assistance of his Mint, to pay the minor with his own Coin, which his Royal Clemency performed like the King of the Meads, and Persians, notwithstanding I had the opposition of his whole Council at a public 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 〈…〉 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 repent of, and finding too apparently that his cause was more betrayed by the treachery of some of his Cabinet Counsel, and their Agents, than by the hostile actions of his open enemies, made me then take the boldness 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 Garrison surrendered, and not then neither without (his Majesty's Consent.) Several summons and attempts were made by shipping to storm, or starve it, but the one failing, and they fearing time might prevent the other, the then Lord General 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 Seal, 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, until I was in Actual possession thereof, according to an Ordinance of Parliament made in that behalf. And having obtained the King's consent thereunto, with a caution under his hand, that I should not be over credulous of their vain promises, which had made him great (only in his sufferings) and would not discharge my debts, yet the belief I had of a Lord General's Honour engaged, a Parliaments Ordinance, and many of the Lord Viscounts Says Letters to the same purpose, made me decline my Master's advice, and trust so much to the reality of their Acts of honour, as I surrendered 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 arrested by an uncharitable Creditor (even in the time of my treaty) and not relief for either Person, or Estate, notwithstanding my daily solicitations, and many intercessions made by the Lord Say therein to acquit his engagement; which ignoble proceed in persons that pretend to Honour, did more perplex my grieved heart with sorrow for want ofmy creditors satisfaction, than to receive from you the sentence of a fatal death. Now for the Treason laid to my charge, and proved by witnesses (as is reported) and wherein Colonel Andrew's, and Sir john Gell, hath suffered, is of validity to condemn 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 justify 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 merely the snare to entrap the Cavaliers, and I fear me Captain Holmes his necessities provoked him to Act in this Tragedy, by some hints he gave me and others of the employment he had from some higher powers to that purpose, for I call God to witness, 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 Colonel Andrew's at the Mermaid near Gray's Inn Gate, and Master Bernard very well knows 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 speak with Sir john Gell or any other about any such thing as is pretended, or he to me, but indeed I did Court Sir john Gell's acquaintance with hope of profit, to be my partner, if by his means I could procure the digging in the Earl of Rutland's manor 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 suit, until a man of greater power in the State's employment, might persuade his honour to look upon the public trade of a Nation, as well as his own particular interest. Whereupon I revived my former solicitations by letter to the then Lord General Fairfax, for my right of articles, otherwise to take leave of my native country and travel; but receiving no other answer from his honour than that it was not in his power to perform it, and being suddenly after advertised of a plot laid by my adversaries, to apprehend my person, that I might not go to a Commission for examining their accounts of above twenty thousand pounds which they have already received out of my Estate; I than addressed my Letter to the Lord Precedent Bradshaw offering to justify 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 General's agreement, but being not admitted an answer thereof, and having been informed my enemies intended to press the General Engagement upon me, at the hearing of my cause, wherein as yet my Conscience can no way be satisfied, I then obscured myself, and writ the true reasons of my sudden 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 highness the least injury, and the faithful service I had done his royal father, to the value of thirty thousand pounds, acknowledged under his majesties own hand, for clothing his Army, besides the loss of ten thousand pounds by sea and land since these commotions began 〈…〉ed such news of the lines, as I had received from Captain 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 general 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 knowledge of the Lord Bacon's prediction to the revolution of Monarchy, by his sencibillitie of a former Parliaments severity on himself, so that if I have been more vigilant than others in gleaning the Vinyard of these modern times, for my future companions in solitude, I hope your Charities will not measure my innocent endeavours to deserve death, since all save one Letter of news, hath been as yet kept from the public sight of any, and the perusal 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 witness that bears the reputation of an honest man, I shall then submit myself, to the alternate fate of my misfortune 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 gain (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 Ours and Customs, when your better thoughts may very well judge, that my designs in tewne were only to follow those public suits, and to stop the Complaints of my more than solicitous Creditors, and not to embark myself, after so much experience of trouble, in a second Delinquency with such Knights of the Posts, when common sense makes me uncapiable of pardon or pity. Or if unsearchable destiny, hath preordained my dissolution by such wicked Witnesses, whilst I endeavoured the way to satisfy those friends which gave me credit, and to advance the trade of a Nation, by the assistance of foreign Merchants. I shall only say I have performed the good King my master's 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 judgement, 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 〈…〉 poor Orphans, and Widows, 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 die, that the manner how and when, each Creditor may be paid; may be set down, and settled by Decree, according to any Deed of Trust, and my bargain with Foreign Merchants long since made for that purpose, otherwise the Authors of my death, may afterwards be the ruin 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 Lawsuits, 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: unless in way of recreation to direct Mynorall discoveries for the Common good; protesting upon the faith of a Christian I have no other heir to my affection than the reputation of a Gentleman, and the ambition of knowledge in the search of nature's secrets. And therefore let me entreat your charities to see my Estate restored according to my Articles, made with the then Lord General 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 justice, 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 do hereby promise upon the Faith of a Christian to submit myself, under the execution of your sentence, if within eighteen months, when these commotions are over) I discover not so rich a Mine for Trade, and Treasure in your own judgements, 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, than what hath been already inflicted upon me by your late dis-favours, being barred from the prosecution of the public good I intended my Native Country 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 rejoice in my ruin, whilst they every 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 burden for humanity to bear, did not the pencil of holy Writ prescribe me the sweetness of hope, with the balm of patience, to overcome my oppressions, and also asfures me the most perfectest man knows not his own soul, nor the proudest the certainty of his continuance. Master bushel's Letter to the Lord General Fairfax. May it please your Excellency, 〈…〉 in the compass of my Conditions) withdrawn, my six month's protection given by your Excellency worn out in solicitation, and my person in continual danger of Arrests, 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 Mineral affairs. And therefore in want of my restoration to my right in Mines, and Customs of lead, discouraging my endeavours 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 travel, 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, nevertheless that I shall not interest myself afresh in the continued quarrel, but seek to exercise my knowledge, 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: bushel. March the 6th. 1649. For the Right Honourable the Lord Precedent Bradshaw. My Lord, BEing informed that those which procured the possession of my Estate in the time of my Delinquency, do not only seek to wrest me out of it, by the power of their purse and friends, but likewise endeavour to ruin my reputation with the Parliaments, Army, and Counsel of State, by their scandalous Agents; and to that purpose have procured several 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 go 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 continual 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 Orphans, and Widows 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 Arrests, until I recover the same in a Court of Equity; and I shall upon sight thereof appear before the Counsel of State, or high Court of justice, to Vindicate the aspersions laid upon my action, against all opposers, and submit myself to their honourable censures, if upon just proof they find me guilty of any crime worthy of their displeasures▪ so God