The true Case of the state of Sir JOHN GELL, Prisoner in the Tower: Accused of High Treason, and misprision of Treason.  
With a short Argument thereupon.  

THat John Barnard, with one Pits (by the name of Smith) desired Mr. Andrews to join with them in a plot, to surprise the Isle of Ely.  
That Andrews was thought to be somewhat inclinable thereunto: Barnard comes to the Lord Precedent Bradshaw, and acquaints him with it.  
The Lord President bids Bernard go forward with the plot, as Bernard declares in Court at the trial of Andrews.  
That Bernard did go again with Pits, to Andrews, and told him, that if he would draw an Oath of Secrecy, and sign and seal the same, than Bernard would help him to two hundred pounds, to bear his charges beyond Sea, to get Commissions to raise men for the effecting the said plot; and that both Bernard and Pits, did promise to sign and seal the Oath of secrecy likewise.  
That Andrews (being in necessity) upon Bernard's motion) did sign and seal the Oath aforesaid.  
That Bernard and Smith did sign and seal the Oath also.  
Then Bernard desired Andrews to write a Letter to some Persons of Note, to subscribe the Oath; Andrews thereupon writes a Letter directed to Sir John Baronet.  
That as soon as this was done, Bernard had Officers ready, and seized on Andrews for high Treason, and then brings the Letter directed to Sir John Baronet, to the Lord Precedent Bradshaw.  
That the Lord Precedent kept the Letter, and lets Bernard and Pits have a Copy of it.  
That Bernard and Pits brings the Copy (as they say) to Sir John Gell.  
That Bernard and Pits both say, Sir John Gell did refuse to Act in the same Plot, and so burned the Letter.  
That the Letter was brought to Sir John Gell (as Bernard and Pits saith) on a Saturday-night after ten of the Clock.  
That Master Spittlehouse a Messenger had a Warrant the next morning early (being the Lord's day) to apprehend Sir John Gell.  
That Sir John Gell hath for the space of above five months been Close Prisoner in the Tower, and now to be tried before the high Court of Justice for Treason, and misprision of Treason.  
That it doth clearly appear, that the Lord Precedent was privy to all these Proceed.   

The Argument.  
Upon the whole matter, here must needs appear a a foul Conspiracy, and foul practice, against the Life and Estate of Sir John Gell, by Bernard and Pits, to the knowledge of the Lord Precedent; as appears, thus:  

1 THe Letter was directed to Sir John Baronet, what was that to Sir John Gell?  
2 The Letter was delivered by Bernard to the Lord Precedent; why then a Copy sent to Sir John Gell, unless it were to ensnare him?  
3 The Warrant was made to apprehend Sir John Gell; why not to take Sir John Baronet, to whom the Letter was directed? Then had Sir John Gell been never questioned.  
4 It doth appear, that the Lord Precedent knew that Bernard and Pits would deliver the Copy of the Letter to Sir John Gell, or else why should the Warrant be made to take Sir John Gell?  
5 The pretended Letter was delivered Saturday night, after ten of the clock, and the Warrant to take Sir John Gell, was the next morning in the Messengers hands; so that it is more than probable, that the Warrant was made before the pretended Letter was delivered; for that the Council of State seldom sits of a Saturday-night after ten a Clock, and on Sunday morning to be sure they did not sit: now let all rational men judge, what a Snare here was laid, (and by whom) to catch Sir John Gell: Is this Justice to make a Warrant to take a man before any pretended Crime be committed!   
Again, Sir John Gell doth deny that he received any such letter or Copy of letter: and for that the High Court of Justice, hath no colour of proof, but the oaths of this Bernard and Pits who are no evidence in law; neither is their testimony valid by the Common nor Civil law, for that they are both perjured and scandalous: 1. Perjured, they are twice over in this copy. 1. For that they entered into an oath of secrecy, with an intent to break it, and did break it. 2. For that they have sworn they delivered Andrews his letter to Sir John Gell, and the Lord Precedent saith it was but a copy, and it will be proved, that the Lord Precedent had the letter, and that it never came to Sir John Gell; now it is evidently seen, that they are both already perjured in this very case; what men in the world ought to believe these witnesses? And then for forgery & subornation, Bernard hath been very frequent in; as in forging or countenancing the forgers, of several Acts of Parliament, and other deeds and writings against Mr. Brown, formerly Clerk of the Parliament; and for his subornation, he the said Bernard did offer to John Benson, a large sum of money, to swear to the articles he had against Mr. Speaker, although he knew well that Benson did not know any word in the articles to be true.  
Again, Barnard hath been a Cavalier in arms against the parliament, he is a known Papist, and a reputed Jesuit; a contriver of plots to set the nation at variance, and to make the Parliament and Council of State odious in the eyes of the people, as will appear by this practice, and by the articles hereafter resit; which articles were long since delivered to some of the Members of Parliament, under the hand of Mr. Stephen Sprat; which being well considered, you may see who is the traitor.   

To the supreme Authority; the Parliament of the Commonwealth of England.  
Articles humbly exhibited against John Bernard, Gent. now called by the name of Captain Bernard, for safety of the Parliament, and on behalf of this Commonwealth, by Stephen Spratt.  
1 THat the said John Bernard did speak to Col. William Eyres, to join with him the said John, to raise five hundred men to cut the throats of the Parliament; or words to that effect.  
2 That he the said Bernard, did say to William Learner, that it would never be well for England, till thirty of the Grandees sitting in this Parliament, were cut off; and that the only way for freedom, was to raise the people to destroy the Parliament; or words to that effect.  
3 That the said John Bernard did say to Richard Parham, that he did prosecute Mr. Speaker, for no other end, but to throw a bone amongst the Members of Parliament, to set them at variance, to destroy them, or words to that effect.  
4 That it hath been the daily practice of the said Bernard, to foment and create disturbances and distractions in Parliament, and between the Parliament and people, since England was a fr●ee Commonwealth; and to that purpose, did speak to William Lazinby, to assist him the said John, to raise fourscore men, to seize upon Mr. Speaker, and to cut his throat.  
5. That the said Bernard is reported to be a Papist, and one of a Jesuitical practice, and hath been in Arms for the late King against the Parliament, and the better to bring about his traitorous Design, he did not only foment and raise Articles against the Speaker of this Parliament, but against many other Members of the same, and did go to and fro showing the said Articles to several People, to raise the Spirits of the People against the Parliament.  
By these Articles the World may judge whether Bernard be not as great a Traitor as ever yet was heard of in these Times; and therefore consider of how dangerous a Consequence it will be to take his Testimony for Evidence against any who hath been for the Parliament; if this man be believed for a Witness, and let pass with these wicked practices, the Parliaments best Friends will be in danger; he may as well conntrive Plots to ensnare the Members of Parliament one after another, as he hath already done! or he may put the same Trick upon any Member of the high Court of Justice, or any other Person; where such foul practices go unpunished no man can be safe; for instance, when he had the pretended Copy of the Letter, directed to Sir John Baronet, he might have made whom he please Sir John Baronet, he might as well have delivered the Letter to any Sir John who had been or is now a Member of Parliament, as well as to Sir John Gell, and so he might have brought into trouble whom he pleased.  
And then for Treason, there could be no Treason unless there had been some real Design against the Commonwealth, but in this pretended Plot there doth not appear any, because the Contriver never intended (as may be supposed by his Discover,) that it should ever come to pass! so it doth appear, that this was a mere feigned Fiction or Resemblance of a Plot; not to hurt the Commonwealth, but to betray and ensnare particular Persons for Bernard's Gain.  
And the Act was not made to prevent and punish Fantasies, Fictions, or Plays, but real and wicked practices, and pernicious designs to stir up a new and bloody War, and therefore it can be thought no less than a piece of pure Justice for the Parliament, to refer this business to a Committee to examine, and report, that they may see what Cause there is to try Sir John Gell, before they give way for his Trial.  
And for misprision and Concealment of Treason, there can be none, where there is no Treason (for without a Principal there can be no Accessary) and misprision or concealment of Treason is only to know of Treason, and not to reveal it to the State, which was not intended Sir John Gell should do, for that there was not time enough for him to reveal it, between the time of the pretended Delivery of the pretended Letter, and the granting of the Warrant to take him.  
Again, further it could be no misprision or Concealment of Treason in Sir John Gell, because it was known to the State before it was known to him; as it appears by Bernard's testimony in Court, the Lord Precedent knew of it: Now, if it should be misprision of Treason not to reveal Treason after the State knows of it, than it is misprision in all men that hears of this (pretended Treason) and do not go and reveal it to the State; but it is no misprision nor concealment of Treason for any not to reveal Treason to the State, when the State knows of it before; and they did know of it; for Andrews was seized at Gravesend, before the pretended Letter was brought to Sir John Gell.  
And if it shall be objected, that Andrews was the principal in the pretended Treason, and Sir John Gell the accessary, and Concealer of it, than the Answer will be thus:  
That nothing brings Sir John Gell in question, but the Letter which Bernard says he delivered (from Andrews directed to Sir John, Baronet) to Sir John Gell; which Letter was brought to the Lord Precedent, and a Copy pretended to be afterwards delivered to Sir John Gell; so that he received nothing from Andrews: if he received any thing it must, be from Bernard, and known to the Lord Precedent: which makes him not to be accessary, to Andrews his Treason; if Sir John should be guilty of misprision or Concealment of treason, than Bernard must be the principal; but Bernard is not charged with treason; therefore Sir John not guilty of misprision, or concealment of treason.  
If it should be objected, that Andrews delivered the Letter to Bernard, directed to Sir John, Baronet, with private Instructions, to be delivered to Sir John Gell, as Bernard swears he did; then answer, What man of common Reason will believe Bernard, who is so foul a perjured Traitor, and a party to the pretended Plot.  
Again, (if that should be admitted) Can Sir John Gell prevent Andrews from sending him a Letter, or Bernard of bringing it, Sir John Gell not knowing of the Letter, and therefore he could be no party in the plot; What if Bernard should bring a Letter from a Traitor to any Membr of Parliament, or high Court of Justice, (as it is like he will do many, if he be let alone) and have a Sergeant at Arms ready to attach them upon Receipt of the Letter, before they can reveal it; are they therefore ever the more guilty of treason, or misprision, or concealment of treason; no, nor Sir John Gell is not guilty of treason, nor misprision, or concealment of treason, neither did he ever receive any Letter or Copy of a Letter from Andrews, by Bernard or any other person, as will appear by these following Lines, written and subscribed by the hand of a dying Man.  
I Colonel Eusebius Andrews, being this day to die, by God's good providence, finding by the testimony given by Jo. Bernard (which God forgive) against me upon my Trial, that the matter of his Averment concerning the delivery of a Letter by me written unto Sir John Gell, as disposed to the hand of him the said Sir John Gell, in Case the Court upon Trial of Sir John Gell, shall give credit thereunto, may tend to the Destruction of the said Sir John; do in my tender and Christian desire, as much as in me lies, to prevent the hurt intended to the Innocent, protest before God, that I myself was examined to the Original Letter, by me to him written from Gravesend, which was at the time of my being confronted with Sir John Gell, in the hands of the Lord Precedent Bradshaw; and that the Lord Bradshaw demanding of him, where the Letter was, I then said, he did never receive it, and Sir Henry Mildmay had ne'er discovered the said Letter, if the Lord Precedent had not given him a hint, and that the Letter Original was not directed to Sir john Gell by me, but to Sir john Baronet, but not to Sir john Gell,  
Witness the dying hand of Eusebius Andrews. Aug. 22.  
And whereas it is reported, that Sir john Gell hath gotten a great Estate by the Wars; this let the World know that a great part of the County of Derbyshire, hath, been examined against him; many of them by the Committee of Accounts formerly sitting in Cornwall, (London) and others by the Committee of the County, & no manner of misdemeanour could be found against him, which he ever did act against the State, and therefore he doth refer his Friends and Enemies (if any Conscience be left in them) to his late Vindication published in print, which here follows, in haec verba;   

The Vindication of John Gell Baronet, set forth by way of protestation; against several Scandals and Calumnies, cast upon him, by some malicious Enemies.  
WHereas several Scandals and Calumnies are cast upon me, by some unworthy, malicious spirits, who seeks my ruin; That in the time of war, when I had command in Derbyshire, I did get to myself, a great estate, by taxing the County, as also by plundering, and getting into my hands the Estates of several delinquents, and other great sums of money, which I should receive in the said County, and thereabouts;  
These are therefore, in the presence of the Almighty God, by Protestation, without any equivocation, mental Reservation, or secret Evasion, That neither directly, nor indirectly, I got to myself, or to any other Person, for my use, by way of tax, receipt, plundering, or otherwise, one penny, or pennies worth of the money, or goods of any person, or persons whatsoever; nor for above five years' service, and some thousands of pounds out of purse, never did receive the value of one hundred pound, But all taxes, receipts, and other public money were paid to, and received by Mr. Nathaniel Hallowes, Mr. Jervis Bennet, and Henry Buchston, who were Treasurers of the County, one after another; and without all question they being men of honest and known integrity, will justify me in this my Protestation; to the truth whereof, I do call the great God of Heaven and Earth to witness; and upon this issue, I will cast myself upon the Parliament, avowing, that if any thing be proved, contrary to what I have here published, I will be willing to forfeit and lose all that is near and dear unto me.  
JOHN GELL.  
FINIS.