A True and Impartial RELATION Of the whole matters concerning the proceedings of several counsels of War, against W. Tompson, a free Commoner of England, which may serve for a refutation to a scandalous paper, entitled, The Vindication of Lieutenant General Cromwell, and Commissary General Ireton, and the late proceedings against the said William Tompson at Whitehall, where he remains prisoner; now published by him for the better satisfaction of the kingdom. Gentlemen, FRee Commoners of England, I stand condemned to die, and may in probability in short time appear in the presence of that just and impartial God, who knows the secrets of all hearts, to give an account of the truth of all my actions, and real intentions. And I desire his mercy no otherwise, then according to the truth of this relation, and therefore I rip up my own infirmities, because I aim at the truth, rather than justification. To undeceive those whom partial and untrue discoveries may have beguiled into a belief: not nothing short of death, can satisfy those unparalleled wicked actions of late laid to my charge. Therefore I shall begin with the discovery of my folly about August last, 1647. I was at the Ostrich inn (not in the night, as is falsely suggested) in Colebrook, by invitation of my Landlord, where with one M Cole I played at Tables for two pints of wine: And having played for the same wine, we did agree to play five games at Tick-tack for five shillings, which he won, and received of me; and then we agreed to play another game, as before: In the middle of which game M. Cole played foul; upon which I took up the stakes, and after some discourse he acknowledged his error; I returned his stake to him again, and he promising to play forth the game, I laid down a twenty shilling piece of my own, which he immediately took up, and affirmed he had five shillings in the said piece (I reasoning with him) he called the Vintner, and told him he had five shillings in the said piece, which the said Vintner affirmed, though he was ignorant of the whole matter, upon which occasion we begun the quarrel, but I by force wrested my piece out of his hand, though they were both against me. Then the Mistress of the house with other servants, came presently into the room, where we were, which also fell upon me, so that I was much abused, and thrown down there, being so many upon me; I acknowledge I was constrained to kick, and use such means I could to free myself, as I say upon the ground, which the author of the Vindication was pleased to call kicking the Mistress of the house on the face, which I am altogether ignorant of, when I was free, and being enraged, and in the heat of my blood (I confess) fetched my Rapier, my man, and one of my fellow-soldiers to assist me, and went to the said inn, and asked for the Vintner, and the said Coal, at which time passion being on both sides more prevalent than reason, I drew my Rapier, and there were some blows on both sides, and I think some few drops of blood was drawn, and one of them showing a little scratch or prick, as if with a pin, out of which came a drop of blood or two; and it was alleged by them, that I laid felony to their charges, and that they had taken twenty pound from me; but I presently answered, That I rather said, or at least intended twenty shillings, and never declared it to▪ be any more: Which passion being over, I have here laid open for truth's sake my extreme folly, which I do not so much as in a thought justify, but condemn, as the evil consequence of so bad exp●nce of time. But to go on with my Relation, both parties thought themselves abused, and by a Warrant I brought them before a Justice of peace nigh Colebrook, before it was fully reconciled, but for your better satisfaction, I shall insert under the justice's hand, viz. Bucks. These are to certify all, whom it may concern, That whereas a controversy was betwixt Corporal William Tompson of Captain Pitchford's Troop in colonel Whaley's Regiment, and M. Tho. Cole of Wraysborough in the County of Bucks, Tho. Sill, Wil. Woodfind, Wil. Moors, Philip the Ostler, Mistress miles, and other servants to the same Mistress miles in Colebrook in the said County, who all appeared before me, I have heard fully the allegations and proofs of both sides, and upon the whole matter did find cause to move the parties on both sides, to agree the business amongst themselves, and they are agreed. Accordingly in witness whereof I have hereunto set my hand this second day of Septemb. 1647. Tho. Bulstread. But notwithstanding this my Captain having some prejudice against me, sinc● he hath declared, in regard I did appear in the prosecuting against Lieutenant Savage, as a Dissenter at New-market from the engagement of the Army, being it seems glad of such an opportunity, improved his time to bring the business fresh upon the stage, and went himself to the house to inquire of it, and though in my hearing the parties in the house, declared they were agreed before a Justice of Peace, yet he it may be fearing the want▪ of such an opportunity to cast me out, procured a relation of the business, and himself complained of it to a council of war, consisting of some of the Officers of that Regiment. At which council I did declare being examined of the truth of the people's relation, something was true, and some false, and also urge the argument that was between us, as aforesaid, so I was commanded to withdraw, after the debating of the business I was called in, where Rob. Swallow Major, being president of the council, did a little enlarge himself in expressing the great favour towards me in consideration of that experience, which they had of my good service to the Parliament and Kingdom: then a paper was read, to which I was required to set my hand, which was an acknowledgement of a scandal to the house, which after I had perused, I told them, though the difference was ended before, yet if this might put a full period to the matter, I was willing to subscribe it. The Major answered, the business was ended, upon consideration whereof, I set my hand to it: And being thus surprised, than the Major said in these words, M. Tompson, the council have further ordered, that for your abuse to the servants of the said Mistress Mills, you are to be cashiered at the head of the Regiment, the next Rendezvous. In the mean time you are to be disarmed, and to be committed into the marshal's hands, I replied, I thought it was hard measure, and the like. Notwithstanding which I was committed into the marshal's hands by an order under the major's hand, which I shall insert, viz. You are hereby required to receive into your charge and safe custody the body of. Will. Tompson, who is committed by order from the council of war, and him to keep carefully, until further order from the said council, fail not. Dated this 14. of September, 1647. To the marshal of colonel Whaley's Regiment, or to his man either. Rob. Swallow. There was a Rendezvous the next Tuesday following at Ripply in Surrey, at which Rendezvous there was a Muster, but the marshal having no order, brought me not thither, but I was put forth the Muster Roll, and another Mustered in my place: and my man in actual service in the Troop, was also denied the Muster, though there were some arguments used by the Troop in my behalf to be Mustered, yet it could not be granted; yet though they denied me the privilege of a Soldier, I was continued in the marshal's hands, some sixteen or seventeen days; after which time the marshal received an order to dismiss me, under the major's hand; upon the receipt of this order, I went to the Troop, and looked upon myself in the condition of a Soldier, till the sentence was executed upon me: but having some discourse with the Major, my Captain, and other Officers about it, they told me I was cashiered the Rendezvous aforesaid; then I demanded a reason of my imprisonment, since that time, they not being able to give me any reason, knowing that they had either wronged me in not Mustering me as a Soldier, or else in keeping me in prison, not being in the condition of a Soldier; Yet they manifested much bitterness in their hearts against me, by menacing words; and withal, Capt. Pit●●ord struck me, and they refused to suffer me to have any Quarters in the comp●sse of the Regiment: yet I told them I should look upon myself in the condition of a Soldier, until their own sentence was executed upon me; in which time I received an order from my Captain, to depart the Quarters of his Troop: but I returned him answer, until such time as the sentence was executed, I should look upon myself in the condition of a Soldier, and so subscribe myself to be under his command, to do my duty in my place: So I continued in the Quarters of the Troop, until such time as there was a Rendezvous at Odium, in Hampshire, the colonel being there, some of the Troop moved him concerning my business, after much debate, alleging some things in my own behalf, viz. The testation under the justice's hand, and the Generals own order made at Northampton, and my imprisonment by them, and denying to muster me: The colonel told me, I might appeal to the council of war, at the headquarters, if I conceived the regimental council had done me any wrong: I answered, I thought that remedy would be worse than the disease, being that I must accuse the whole council, I could expect little remedy there: so with other arguments, did press him earnestly to take it into his serious consideration; after all which discourse, the Colonel drew forth the Troop, and read a Letter that came from the general, in the behalf of Lieutenant Savage before mentioned, to be readmitted into the Troop: but the Troop d●claring their readiness to obey the general in all his lawful commands; yet they did humbly conceive, That the said Lieutenant was guilty of being ca●hiered at the least: The colonel perceiving the Troops unwillingness to accept of the said Lieutenant, he used this as an argument, that in case they would accept of the Lieutenant, they should have Tompson to be their Corporall as formerly; in all which time I spoke not a word by way of appeal to the Regiment, as is falsely suggested in the paper, entitled, The Vindication, &c. therefore you may see my offence was not in itself unpardonable, in case the Troop would have accepted of the said Lieutenant, but the Troop pressing to have a legal trial for both, and said that was all they desired. The colonel being offended with the Troop that they would not accept of his proffer, went from them, but withal promised a legal trial for both, these words was spoken in the head of the Troop, by the colonel: but a question was asked him, how I should do for Quarters in the mean time? The colonel ordered I should Quarter with the Troop, but he departing the Field, the Major with other Officers of the Regiment, called me unto them in the head of the Regiment, and commanded me to dismount, I replied my Horse was my own, and if he pleased he might pull me down, but he went on and caused the sentence of cashierment to be executed in the head of the Regiment; after the execution whereof, I did not esteem myself (nor of right was) a Soldier of the Army. Yet conceiving myself extremely injured in my reputation, I did declare in the head of the Regiment my integrity to the Liberty and freedoms of England, and theirs and my fidelity to the Army, not as is scandalously suggested, to persuade the Soldiers to resist their Officers, I not speaking any thing to that effect, but to clear myself of that seeming guilt, which cashierment might have cast upon me. After this being no soldier, I repaired to my own ordinary occasions, leaving the Army within three or four days at the most: But I dare speak in the face of the World, That I challenged not the exercise of my Office after that time; being after this for sundry weeks about my own business, as a freeman of England; but their falling out not long after in the Army, some difference concerning the Engagements for the people's freedoms, and I freely confess, an absolute dissatisfaction in me of the ruling part of the Army, which constrained me to act contrary to their proceedings; and I went down to colonel Fleetwood's Regiment, when they were in Suffolk, and carried with me the Agreement of the People, and some other papers, and declared in the head of that Regiment (not as Mersenary Soldiers, but as freeborn Englishmen) to colonel Fleetwood and the rest of the Officers and Soldiers my full dislike of the present actions then in the Army, and finding an opposition of the said colonel and his Officers, I more particularly applied myself to the soldiers and Agitators, as having a Letter directed unto them from some freemen of England, which was read in the head of the Regiment, but colonel Fleetwood and his Officers, did endeavour to dissuade the soldiers from harkening unto any thing that should be spoken, though neversomuch for the preservation of themselves and the kingdom, for that only was purely and simply my end in whatsoever I delivered unto them, yet did not appear amongst them as an Ad●utator, as falsely laid to my charge: but in our discourse it was questioned, what I was, and from whence▪ I came, It was answered by some that did know me well, That I did belong to colonel Whaley's Regiment, and this was the sum of what past concerning that particular to my best remembrance. Then after the Rendezvous at Kingston, I came to Captain Pitchford, and desired of him a Certificate for the time, how long I had been under his command, but his answer was he could not until he spoke with the colonel, so he appointed me the next day to wait upon him, which I did accordingly, and at Kingston we met with the Colonel, but when he see me, all that he said unto me, was only this, He commit thee, with some other menacing words, and would not admit me to speak one word for myself; The marshal not being in town, he gave express command to Captain Pit●●ford (who hath since that time laid down his Commission, and hath been questioned by some of his soldiers, for unjustly depriving them of their pay, which he hath received for them; who lives now at the Star in Cheapside) and his Cornet forthwith to carry me to Windsor, to the marshal general, which was accordingly done that night without any warrant, or expressing any cause: within four or five days the colonel with some other Officers gave in Depositions against me, which to this day I never see; out of which Henry Wealey Judge-Advocate, Brother to colonel Whale, drew up a charge against me, under this notion, Articles exhibited against William Tompson, now or lately corporal in Captain Pitchford's Troop, &c. A council of War was called, where Commissary general Ireton was present, for the trial of my cause? Unto which Articles, I returned an answer, being no member of the Army, from the place where I lived, declaring myself to be a free Commoner of England, and no soldier, according to the Sentence of the regimental counsel against me: and further I declared, That they had no legal power of questioning me for any regal or pretended Crime whatsoever; And I appeal unto the civil Law as my legal and compedent Judge: I manifested myself to be ready to answer any charge that shall be lawfully filed against me, according to the justice of the same Law. But after much Interrogation to prove me a soldier, at last it was put to the vote in that counsel, but was carried in the negative, That I was no soldier; yet I was continued in the marshal's custody still as prisoner, but when they could not prosecute against me under the notion of a soldier, they drew up another Charge against me, under the Notion of a spy, and a seditious person, fomenting distractions in the Army; unto which I returned an answer, something suitable to my answer to their first Charge: and withal declaring, that I conceiving those Articles were more envious than good, or proceeding from a sound and Christian judgement, and withal demanded reparation for my unjust imprisonment: at this council, Lieut▪ general Cromwell was President, The whole business was fully scanned and debated with redoubled questions of interrogatories, but I keeping close to my first principle, they cease to pass any sentence at all upon me, but only refer the business to the general, under the notion of their great favour and love towards me, by my colonel's means and others in the council, who spoke much in my behalf: their advice to me was, That there was no way for me, but to cast myself down at the general's feet by way of Petition, and to confess my error in appealing to the civil Power for the trial of my cause, And the Judge-Advocate Sir Hardres Waller, with others, told me if they should refer me to the Parliament, it would be my ruin, but I having much discourse with most of the Officers at the headquarters, and could not receive no satisfaction in my conscience, I could not petition: So I went to the General, and desired to know his excellency's pleasure concerning my enlargement, but he giving me no full answer, I went to the Lieutenant General, declaring the whole nature of the business unto him, who at that time seemed much to be affected with my relation, and appointed me to wait upon him the next day, which I did accordingly, but he told me he could do nothing in my business, so I asked him leave for two or three days to supply my necessaries, which he granted me, I promising to return again as prisoner; which accordingly I did, and was with the Judge-Advocate, and the marshal's deputy; and there rendered up myself as before a prisoner, and lay two nights in the same bed with my fellow prisoner; in which time, I delivered enclosed in a letter to Master Rushworth the general's Secretary to be delivered to his Excellency, my plea and protest against the proceedings of his council of war against me. In which I gave his Excellency to understand therein, that I acknowledge in them no jurisdiction over me, I being a free Commoner, and that I would use all means, I could for my freedom a Which said plea and protest is since printed, & also reprinted in the 45, 46, 47, 48, 49, 50, 51, 52. pages of Lieutenant colonel John Lilburns late book, called, The people's Prerogative. which the author of the Vindication was pleased to term a breaking of prison, and running away, contrary to my engagement, the which censure I leave to the rational to judge of. After this I went about my lawful occasions, but within short time, I heard of their exclamations against me, so I went to the Lieutenant General at Derby house, and acquainted him with what I heard: after much discourse I parted from him, he then was so far from imprisoning me, that he was pleased to promise me many courtesies concerning my Arrears and other things, and appointed me to that end to wait upon him at some other time, which accordingly I did. And likewise several times met the Marshal General, and had some discourse with him, and told him, I was ready to answer any thing that could be legally laid to my charge. I an● connfdent also, that Commissary General Ireton was not ignorant of my being thus public for many weeks together about Westminster-hall, where I spoke with Lieutenant General Cromwell two or three times, who was seemingly ready to serve me, according to his former expressions, but upon the 26. of February, I being about my lawful occasions at the House of Commons door, to speak with a Member of the said House, Lieutenant General Cromwell, and Commissary General Treton coming forth of the House, I not giving any occasion either in word or action, was by them committed prisoner to the Guard, at the said door, I asking the reason of this my sudden constraint, the Lieutenant General told me, That I was a bold impudent fellow, and he would pull down my high spirit, adding, he would take a course with me; and leaving me in the cu●tody of the aforesaid Guard, commanded an Ensign with a file of Musketeers, who by violence and force of Arms, carried me prisoner to Whitehall, without producing or alleging any thing against me, but the bare Command of Lieutenant General Cromwell, where I was continued in the Marshal general's custody, till Febr. 1. before any thing was laid to my Charge: upon which day I was called before a council of War in Whitehall, where the General was present, with several other of the general Officers, I being called into the council, I demeaned myself with all civility and respect, as they were Gentlemen, but withal declared, that I could not in the least submit unto them, as a Court having power to take Cognizance of any real or supposed crime that could be laid to my charge, being by their own Votes no Member of the Army; but I declared, That if they had any thing to lay to my Charge, the ordinary Courts of Justice were all open and free, where I should be ready to answer what could be legally objected against me: but they not regarding what I said in this nature, went on to proceed against me, according to martial law, though it is now a time of Peace. They asked me several Questions concerning my letter and my plea, which at Windsor was delivered to the General, and whether I would own it or no? I declared, I did own it as my Act, and give it in, as my ultimate resolution; but Lieutenant General Cromwell, asked me, if I was a Gentleman free Commoner, which I took as a jeer, and asked him, if that the word free Commoner was become a derision amongst them that did pretend to be a Court of Justice? Upon which he called me a mutinous fellow, and began to make an Apology for himself, concerning taking me from the House of commons door, who did not scruple to say, That was the first time he see me since I had run from Windsor; but I going to make an answer to what he spoke, he bid me hold my tongue: The judge-advocate began to read my Protest, so at present I was deprived to give him an answer; but when the Judge-Advocate had made an end of reading, I told him of his great mistake, as is before mentioned, concerning his first time of his meeting with me, than he told me, I was not so good as my word, in not keeping on my Hat according to my protest, I answered there was no time past, but that I might perform my promise in that particular: then turning to the general told him, I had nothing more to declare unto them than what I had already said, so I should humbly take my leave. So going towards the door, I put on my hat, but Richard Laurence Martial general, in the presence of his Excellency and the council, struck me a box on the ear, and also struck off my hat, and laid violent hands upon me; after which I manifested myself more resolvedly, declaring them to be actual destroyers of the laws and liberties of England, and so were become the greatest Apostates in the World; for they had declared to preserve the laws and liberties as aforesaid, in all their Engagements and Remonstrances, published to the view of the kingdom, upon which I threw Magna-charta and the Petition of Right upon the Table before them, then presently Lieutenant general Cromwell commanded I should be taken away and laid in Irons, and I was presently forced into a little room nearby, where I continued with a guard upon me; but within some few hours I was called to come into the Court but I denied to go, saying, That I could not be so much a traitor to my own and the Kingdoms liberties, as to betray them into the hands of tyrants; and further I said, My legs should not be so much serviceable to my body as to carry me: But notwithstanding this, the marshal's men told me, If I would not go, they must carry me▪ so I being not able to resist their power by reason of their strength, I resolved to manifest my integrity to my native country's Freedom by being merely passive in their hands, whereupon I set me down, and they carried me by the legs and arms before the general, and as they brought me, so I lay: then Commissary general Ireton begun to ask me several questions; but I replied, I scorned to answer him in the least to betray my liberty as aforesaid; and withal declared, I was merely in their hands because they were stronger than I, even in the same nature of thieves and murderers: But he continued in asking me questions as I lay upon the floor, I stopping my ears, & denied to hear them, they carried me back in the same nature as they brought me in; after some two or three hours, I was called in again to go hear my sentence, but I being passive, they, carried me in as before mentioned; but the General then was gone, I was commanded to stand up, but I told them, That I was unwilling my legs should bear me to stand before them: but by force I was holden up, than I stopped my ears, they commanded my hands should be pulled from my ears, than I said unto them, They might murder me if they would, for I was in their power. And I further said I scorned their mercy, and despised their cruelty, for it was all one to me to die by a sword, bullet, or halter from them, as from a common enemy; while I was thus speaking, the Judge-Advocate read three Articles of War, the first was, That no man shall utter any words of sedition or uproar, upon pain of death. The second was, That no man should stay above three days in the Army, except he was actually listed in some Troop or Company, upon pain of death. The third was, That no man shall contemn the Court when they are sitting in Court of Justice, upon pain of death: he further said, The council had found me guilty of those three Articles, and I must die for it, and the council had done me so much favour, as I should be shot to death. I answered in these words, Be it known unto you that I scorn to beg favour at your hands, or to petition for my life, I said my blood would be required at their hands; then the Lieutenant general asked me, by whom, I said surely the Righteous God will revenge the guilt of innocent blood: but than they expressed their great sorrow for me, I answered, I did not value their sorrow, but wished them to be sorrow for themselves, and be careful to keep their heads on their shoulders; and withal I said unto them, That the God whom I served, would make me able and also willing to be cast into the hottest fiery-furnace, that they could provide for me, rather than I should stoop or kneel in the least, unto that Image which they endeavour to set up; thereby to betray the Liberties and freedoms of my dearest Country, in the hands of Tyrants and oppressors; Then Lieutenant general Cromwell commanded that I should be kept close prisoner, and that I should not be admitted to have either pen, ink or paper; which was accordingly obeyed. The Marshal-General gave command that I should be cast into the low prison, and to be laid in Irons. Yet they have not allowed one farthing of maintenance since the time of my first imprisonment. Thus courteous Reader I have given you a clear and impartial relation of the substance of all that ever was objected or alleged against me, from the beginning until this present day; in which I have not in the least endeavoured to clear myself from the fruits of infirmity or passion. But as for the scandals fixed upon me in the later end of that paper, called, The Vindication, concerning my communicating of other men's goods and doing what I will, I conceived ariseth from my own folly in the quarrel, at the first spoken of; I desire my life may not be measured by one simple action; for such contentious as aforesaid, are certainly rather from passion, then solid reason, and yet I might probably live: if one without sin or folly were to throw the first stone at me, I have not in the least endeavoured to throw dirt upon any, but give a clear and full relation of the whole business, though in many particulars against myself; for which if I have deserved punishment, I desire to suffer it in a lawful way. If any shall question the truth of this relation, I desire my life should depend upon no surer foundation, than the truth hereof. And thus taking my leave, whether living or dying, I shall by God's gracious assistance, persist in the profession of my integrity to my dearest Countries Liberty and freedoms, with faithfulness to those principles, which the Army under the Command of Sir THOMAS FAIRFAX, (who are now my Judges) once Declared. Dated at Whitehall (the place of my illegal captivity) the 12. day of March, 1647. William Tompson. FINIS.