L'ESTRANGE His appeal from the court martial To the PARLIAMENT.  
Dedicated to the Right Honourable the LORDS and COMMONS assembled in PARLIAMENT.  
Printed in the year. 1647.   

Le'strange his appeal from the court-martial to the Parliament.  
My Lords and Gentlemen,  
HE that suffers without a precedent is not bound to act by one; if I be the only man, in whose behalf no man will move, blame me not (I beseech you) if I be the only man too, that moves for himself. My Application must be singular, as my Fortune, which (I think) is peculiarly mine own.  
After thirty months' patience, at least a hundred Petitions; (but for breathing room) not so few Letters of thanks to your Members: (only for saying 'tis hard.) After all this, and more, (and to no purpose) I am told, my Case is different from other men's. I am condemned, and there's nothing to be done in my business. Am I then becalmed in Newgate? Truth it is, I was condemned by a Court of war, but by your honour's reprieved, and with some check to the temerity to the Court. For I was (in effect) tried by one Committee, and sentenced by another. Since that, I have awaited my promised Hearing, and can now expect no longer, (Unless I make it a business of the next World,) being (at this instant) reduced almost to my first Principles, by a Consumptive, hectic Distemper: I shall therefore immediately bring my self to the bar, and appeal to you as my Judges, My charge was taken in Characters from the mouth of the Judge-Advocate, and this is exactly the same with that whereupon I stand condemned. My Answer to it, I present you with it; and with that, my Desires; which are, that either upon security, or my Parole, I may enjoy a seasonable Liberty; upon Conditions either of rendering myself a Prisoner within what time you fix: or indefinitely, when you demand it. If any man shall yet scruple my freedom upon the old score, I offer my self to any charge he shall pretend against me: But if thus I must perish, as I have been civil to you, I shall be just to my self, and find at last some way to vindicate my Ashes from the reproach and infamy of a gaol.  
Be pleased now to take as fair a view of my Crime, as you have of my punishment, and then to measure them.  

The Judge Advocate having read the several Exaaminations and the Commission, thus begins.  Judge-Advocate. 
Sir John Corbet, I have now done with the Evidence, I shall only crave leave now to make some few Observations.  
1. First' That this Commission of the Prisoner, is not the Commission of a soldier, to raise, or conduct any strength, or men of war; but a Commission of mere Bribery and corruption, to make a party with Money and Preferment.  
2. Secondly, the Prisoner came with this Commission from the Enemy, into the Quarters of the Parliament, without Drum' Trumpe●, or pass; which alone brings him within the danger and penalty of a spy.  
3. Thirdly, he came attended with no manner of Porces as an Enemy, but alone, in a secret manner, and made choice of a solitary place (Near Lynne) to obscure himself, the better to effect his Treacherous design.  
4. Fourthly, That he relied not on the strength of his own Party, to have surprised Lynne, but used unwarrantable and treacherous means to accomplish the same, promising Leman 1000 l. and Corporall Haggar 100 l. and a Canonieres place, (both of the Garrison) if they would contribute their assistance therein.  
5. Lastly, his design was of that nature, and carried on in so clandestine a way, as that himself thought not fit to Treat●pon it, without a strict Obligation of Secrec●e.  
By all which it appears, that as the prisoner came not into our Quarters, as a fair and open Enemy, but with Treacherous ends and practices; so, being now taken in the manner, he may not expect the privilege of a just Enemy, but rather the condign punishment, which by the Law and custom of arms, belongs to Spies and Treacherous Conspirators.  
TO these I answer in order, and for satisfaction, refer you to the Commission itself.  

The Commission.  
Charles R.  
We having received from our Trusty and Well-beloved Roger L'estrange, Declarations of the Good Affections of divers of our well-affected Subjects of our Counties of Norfolk and Suffolk, and particularly of our town of Lynne, as also some overtures concerning the reducing of our said town of Lynne: We have thought fit forthwith to return our royal thanks unto our said well-affected Subjects, and particularly to give our said Trusty and well-beloved Roger L'estrange these encouragements to proceed in our Service, and principally in the work of Reducing the said Town of Lynne.  
First, That in case, that attempt shall be gone through withal, he the said Roger L'estrange shall have the Government of the Place.  
Secondly, That what Engagements shall be made unto the Inhabitants of the said place, or any other person capable of contributing effectually to that Service, by way of Reward, either in employment in his majesty's Navy, or Forts; or in moneys not exceeding the sum of 5000. l. the service being performed, shall be punctually made good unto them.  
Thirdly, That they shall in this work receive what Assistance may be given them from any our nearest Garrisons.  
Fourthly, That when our said town shall be reduced unto Our Obedience, we shall forthwith send thither such a considerable Power▪ as shall be sufficient to relieve and preserve them, we being at present (even without this) fully resolved to send a considerable power, to encourage our faithful Subjects in those parts, and to regain our Rights and Interests there.  
By his majesty's Command, GEORGE DIGBY. Oxford, Novemb. 28. 1644.   
Now to my Charge.  L'estr. 
FIrst, This Commission is the Commission of aSouldier, enabling me to raise and conduct such a Party, as should attempt the surprizallof the town. The matter of Moneyand preferment is in the Commission expressly propounded by way of reward; and to paythe soldier▪ is neither Bribery, nor Corruption.  
Secondly, The Article runs, within the Quarters of the Army, not Parliament. But I was not apprehended within the Quarters of the Army, therefore no spy.  
Thirdly, I came attended as an Enemy; that is, enabled to any Act of Hostility whatsoever.  
Fourthly, I relied upon the strength of mine own Party, and used warrantable means to accomplish the surprise▪ Leman was not of the Garrison; Haggar was, but appeared not to me under that Notion. Admit then both, what you would have them, I could have justified it. They voluntarily proffered to assist me, and I had been a traitor or a fool, if I had either discouraged, or dissuaded them.  
Lastly, the design was of that nature, that if discovered it were lost, (the quality and hazard of all surprises) I therefore thought fit not to Treat, without a strict obligation of secrecy.  
By all which it appears;  
First, that I came not into your Quarters at all; that is, not the Quarters of the Army.  
Next, that I came as a fair and open enemy (never pretending to be any other than I was.)  
Lastly, that I had no Treacherous ends.  
Being thus apprehended, by the laws and customs of war, I am a just enemy, and Prisoner of war; no spy, or Treacherous Conspirator.  
Upon my desire of a day's respite to prepare and digest my Defence, the Judge Advocate enterposed in these words.  Judge Advocate. 
Sir John Corbet, whereas the Prisoner desires time to make his Defence, alleging that he hath Witnesses to purge himself, that are necessary for his Defence; I conceive that altogether unnecessary, because we proceed only upon his own confession, and there being no Witnesses against him, we take the Case as he hath set it forth, and committed it to your judgement, you may perceive, and her might have remembered, that his Charge was founded not only upon the special Articles, and Ordinances of Parliament, but upon the general Rules and customs of war, which every soldier ought to be knowing of. And (Sir) so far as I understand any thing of the customs of war, It's a known Rule, that for any to come into the enemy's Quarters, without a pass, Drum, or Trumpet, that makes him a spy; and then to Treat with them of the Garrison, or to draw them to Treat, to betray the Garrison, this makes him a Treacherous Conspirator.  L'estr. 
If my Charge be founded upon mine own confession, produce those clauses, thence, whereupon this charge is to be made good. My whole confession is (in substance) this; that I had ever been of the King's Party, and that I intended to execute This Commission.  
I urged then, the impossibility of Betraying a Trust I never received; and to my self; and that I should be both Enemy, and traitor; And again; how inconsistent it was with the Equity, and Reason, of the Law of arms, (which is uniform, and universal) that the same Law which punishes the desertor of his Trust with Death, should with death also punish the Assertor of it.  
To This  Judge Advocate. 
Sir, the Prisoner mistakes the point, he is not charged with breach of Trust: It is not said, he had any Trust, or broke any, but that he did endeavour to procure them to betray, which had a Trust, and so he did plot, and those were to be his Confederates.  L'estr. 
By this Rule, he that Summons, Assaults, or Besieges a Place, because in so doing, he endeavours the surrendering and yielding of it up to the Enemy) shall be arraigned as an Apostate, or a traitor: The very Article involving him in the same danger with him that endeavours the betraying of it. Again, the Article says expressly, it must be contrary to the Rules of war: Rules (certainly) preceding this, and which it self is not Rules positive and known, not Arbitrary. Now show that Positive, known Law, which I have transgressed. In one word: The court-martial by its own laws cannot try an Enemy.  
I insisted next upon that privilege which a Souldiermight challenge by the Law of arms, To This  Ju. Advocate. 
Sir you see the Case, it is not what he says is Law, nor what I say is Law, but what you judge to be Law. You see the Case is plain, he came without Trumpet, Drum, or pass, into our Quarters from the Enemy; There, he dealt with the Garrison of Lynne, and in that case, he came not with the face of an Enemy, but as a spy.  L'estr. 
To the business of a spy, them.  
First, I was no spy.  
Next, I had not been tryable in this Court, if I had been one.  
I was none, being apprehended neither in your Garrison, nor Quarters, for by the Quarters of the Army, is intended 〈◊〉 place where the Army lies enquartered at the time of the Apprehension of such a person; but where no Forces are, there is neither use, nor possibility of a spy.  
Upon this Assertion, that this Court took no Cognizance of spies. The Judge Advocate, thus:  J. Advo. 
Sir John Corbet, the Gentleman might have saved a labour, and not limited the power of this Court: for they proceed upon a Law, common, betwixt the enemy and us.  L'estr. 
If this court-martial proceed upon a Law common betwixt the two Armies, what mean those restrictive Clauses, so frequent in those Ordinances, by virtue whereof they sit and determine; where they are expressly 
* The letter of the Ordinance.  limited and appointed, to proceed according to the Articles there specified? again, what needs the annexion of five particular Articles of the Earl of Essex his, with Ordinances virtuating them to proceed according to those Articles? what need these Ordinances, if the Court could, proceed without them; And why are but five A●ticles expressed, if their power exte●ds to all? Now ●f the Court be limited to these Articles, there being no Article against spies among them, I have proud what I desire.  Jud. Adv. 
Sir John Corbet, to take away all Dispute about the power and Authority of the Court, and the rules upon which they proceed, I shall read the last Ordinance of Parliament that was made in this particular case of Mr. L'estrange.  

The Order.  
IT is this day Ordered by the Lords and Commons, that Roger L'estrange be referred to the Commissioners for martial Law, and to be speedily proceeded against, according to the proceedings of martial Law, for being taken with a Commission from the King, for the delivering of the town of Lynne to the King, and endeavouring accordingly to do it.  
John Browne.   
By this Ordinance you are not limited to any particular Article, but are left to the latitude and scope of martial Law in general, and this Court hath made choice to proceed against the prisoner upon a known and common Rule of martial proceedings, by which the other side proceed against ours; therefore he hath no cause of complaining against the equity of this Rule.  R. L'estr. 
True, this Order refers me to the Commissioners for martial Law, to be proceed●d against according to the proceedings of martial Law; that is Such martial Law as they are Commissioners for; and what that is, those Ordinances which enable them, will best determine; they are there, as well as here, styled Commissioners for, and Executors of Martial Law, yet not in the latitude; now if they be not Commissioners for martial Law in the latitude, neither must their proceedi●gs be in the latitude.  
Something more, to the same purpose, was (a while) bandied and retor●ed but (in substance) the Dispute closed here. The Commissioners withdrew to Weavers-Hall, whence (after some half-hour's Debate) returning, the Judge Advocate admonished me to acknowledge the fair respects of the Court, in that they had afforded me till Saturday at three afternoon, to form and strengthen my Defence (this being Thursday.) Upon Saturday late at night I was brought to the bar, not suffered to speak, Condemned, For endavouring the Betraying of the town and Garrison of Lynne, &c. Adjudged to be hanged; and many persons contributed to this Vote, who had not heard one syllable of my trial. After I had received my sentence, I threw a paper among them, adding with all, that it was my Defence; which, since they would not hear, they might read▪ A Wilts. Gentleman burned it. I was thence conducted to Newgate; and here the story falls into a Circle, Sir John Corbet was President of the Court▪ and in that relation I have often to do with his Name. I would leave it as fair as I found it; I never believed the Gentleman my Enemy.  
It is time now to wind up this Discourse, it swells, yet have I been as contract as the matter would permit. My scope is only to dissolve that 〈◊〉 scruple, to which I must otherwise be offered up a breathing Sacrifice, and which hath already cost me the richest hou●e of my life. From your Honours I doubt not of a fair Interpretation, nor am I conscient of meriting any other. Something of Relaxation and Liberty I must request of you, at least if you think I have suffered enough; if not, all I ask, is but a Determination of my Nature, if you can afford none to my Troubles.   
FINIS.