WHeras my Escape out of Sheriffe Woodcocks house in Dublin , where I was neere twenty weeks a Prisoner , is likely to occasion various discourses & conjectures , I have thought fit , by advice of my friends , to remonstrate the truth of my case .

After having , with the rest of the Peerage of England for the space of neere a yeare , served his Majestie there . First , in his great Councell at Yorke , and then in the Parliament : but still under the awe and terrour , either of the Scotish Army at Newcastle , or the rude Rabble at London : at length many of the Lords ( as well wearied with that extreme slavery , as unwilling to be any longer eye-witnesses of the affronts dayly multiplied on the King and Queene , and other intollerable insolencies tending to the destruction of Monarchy , and establishing of Popular Government ) retired themselves to their severall houses : And I with his Majesties leave , approved by the Lords of Parliament , about the feast of S. Michael the Archangel 1641 , came into Ireland .

Where shortly after appeared the sparkes of the ensuing warre , that now by fire and sword doth rage throughout this kingdome . Vpon the first discovery whereof I with all possible speed repaired to Dublin , and there not onely offered my service , but sued to the State for imployment for the suppressing of that Commotion . But it was refused : answer being given me by one of the Iustices and others of the Councell , That the Character I bare of Papist made me uncapable of Trust , nay even of Armes to defend my own House from Robbers .

At this time the County of Kildare ( where Iresided ) was quiet , & held so till about mid November . But now the tide of Confusion began to overflow those banks also , which occasioned my second journey to the Iustices and Councell ; where after having made a faithfull narration of the state of that County , I became an humble suitor , that a Troope of Horse might be presently sent downe , averring that a small force would then doe that , which the moneth following might be worke for an Army . But the effect of this journey was only their Lordships Thanks , with an unanimous licence from the whole Councell . That untill they were able to relieue me , I should make faire weather , and preserue my selfe and mine by the respect they knew the Countrey bare me . But this helped me little . For shortly after , most of the chiefe of that County declared themselves : So that the rest of the winter , I was enforced to stand on my own guard , with watch and ward , both day and night , keeping my Brother M. Maruin Touchet , or some other alwayes at Dublin , from time to time , expecting the commands of the State .

The winter now past , and faire weather coming on , about Easter the English Army ( commanded by the Lieutenant Generall now Marquisse of Ormond ) in it 's march to Leix , lodged some foure miles from my house , whither that night , by the respect of the Lieutenant Generall , was sent a safeguard . And in thankfulnes , the Dutches of Buckingham , the Earle of Antrim and my selfe went the next morning to salute his Lordship and his Army : where we were so received , as stood well with the Honour of that Great Lord and Noble Commander .

After some dayes , his Lordship , having now relieved the places in distresse , and finished his Designe , in his returne , and in sight of my house , though three miles from it , was the Encounter betwixt the English Army and the Irish , commonly called the Battle of Kilrush . Whither , because I in Cuerpo , with my three or foure men , without Gunne or Powder , did not come , and being to passe through thousands of the Irish , I am said by the Malicious to have discountenanced the Kings Army .

The evening after Victory , his Lordships march being neere my house , he was pleased with some of his chiefe Commanders to refresh themselves there . And in the night his Lordship wanting a guide to conduct him and his Army some foure miles to their Quarters , I would trust none with that charge but my selfe .

Notwithstanding this my respect , it must bee given out , That so great an entertainment was never intended for the Lieutenant Generall and his followers , but rather for the Lord Viscount Mountgaret , and the rest of the Rebells . To this point divers witnesses are examined against me , though God knowes , I expected not either of their coming thither .

By these misinterpretations of my Actions , I thought I must no longer sleepe , doubting that my quiet living in the Countrey , drew envy on my person . So that I resolved to put my selfe into the Fashion , that is , to leave my house to be burnt , my stock of all sorts ( being of great valew ) to be a prey to whosoever would take them , and to looke at nothing , but to save my selfe and people , with some choice goods .

To this purpose , I presently resolved to move the State at Dublin , that I might have licence to goe for England , it being the custome of this kingdome not to depart without leave . But , as I was dispatching the messenger , a letter unexpected fell into my hands , delivered me by one of my servants , but the bearer never came to my presence . I opened it , never asking or considering from whom it might come . I found it subscribed by the Viscounts Gormanston & Nettervill and the Lord of Slane . It was to this effect . That in obedience to his Majesties Proclamation , they and the other united Lords and Gentlemen , had laid downe Armes , To intimate which to the State , they had sent one Lieutenant Colonell Reade , from whom they had not heard : And that neuerthelesse daily their owne , and their Tenants houses were burnt , their goods taken and people killed . They desired that I would mediate with the State for a Cessation of Armes , and that a place might be appointed , where they and their Confederates might meet to draw up their Grieuances , and so haue free accesse , by way of Pitition , to present them to his Majestie .

With this letter I presently sent another from my selfe to the State , wherein I seemed to wish some good returne might be made ; but it happened otherwise . For answer to their Lordships they would make none at all , alleaging , they were Rebells and Traitors . And after many frivolous exceptions taken to my letter , as one , That I did not also call them Rebells and Traitours , they admonished me to have nothing to doe with them , and in stead of licencing me to goe for England , They commanded I should not depart the kingdome without leave .

All this while , from the first opening the wayes from Dublin to my house , I was frequently at the English Garrisons , & had alwayes with me , either Troopes or Troopers of the English Army .

And now finding my unhappinesse , that how candid or sincere soever my Actions or Meaning was , I must still be mistaken , I packed up all I could conveniently carry , and resolved presently to goe to Dublin , where I would make my aboad , till I had leave to passe for England . But some few dayes before my intended departure , newes is brought me , That by chance some of my friends at Dublin had discovered , that I stood indicted of High Treason : for it was done with great secrecy .

Amazed at this sad and unexpected newes , the next morning by five of the clocke , I post for Dublin , giving order that al my best furniture & linnē should be presently sent after , which accordingly was done . My stock of all sorts ( as the Marquis of Ormond and Sir Arthur Loftus well know ) I bestowed for the use of the English Army , & desired nothing in recempence , but only that my people , with the remainder of my goods , might be brought salfe to Dublin , where I was now gone to purge my selfe .

But I continued there for many dayes without any notice taken of me , though I presently acquainted the Lords Iustices and many of the Counc●ll of my arrivall , and the cause . So that it was then thought , and may yet be believed , that they hoped by that Indictment , rather to have frighted me , as they had done thousands of others , into Rebellion , as they tearme it , then that they had any good evidence against me .

But I not willing to lye long under that title of infamy , went my selfe to the Councell , tooke notice of my Charge , and desired that with all convenient speed , I might be brought to my Purgation . Hitherto it is evident I thought not of an Escape .

The Councell , after some debate , confined me to Master Woodcocks house , one of the Sheriffes of Dublin . From whence after a day or two , I sent a Petition to the State , and it was to this effect , Laying downe by many particulars the improbabilitie of my associating my selfe in this warre , as that I was a Peere of England , that the maine of my estate lay there , and the little interest or power I had in this kinghome , that my accusers were of base condition , and would have beene taken off for a small summe of money , and that two of them , namely Ennis and his sonne ran away from the English Colours with their Armes , and afterwards serued against them at the battle of Kilrush , and the third William Collis had beene sadler to some of the Irish Army ( whereby it is most evident , that beside what other reward these men might bee promised they were made sure of their lives ) that the Iurie , who found this indictment on the evidence of these men , were persons of the same nature and condition , as particularly one Francis Dade , who had associated himselfe with the Irish , changed his Religion , & went to Masse . This man having forfeyted his life according to their rule , they make a leading Iury-man , and I beleeve a witnesse , he not daring to deny what they would have him doe or say . In fine that there was not one gentleman , or scarce a landed man amongst them . For these reasons , and for that it had beene frequently granted to others in the like case , I desired to be bayled .

Answer was returned to this modest Petition , that the witnesses were no Rebels , but Espies ; So that , what I had said , was no impeachment to their testimonies , and in generall they thought not fit to grant the Petition .

Well , though I thought that aswell this answer , as the whole proceedings somewhat harsh , yet I did not much weigh it : For shortly after was to follow Trinity Terme . At which time I assured my selfe , that by my innocencie I should bee set free both from prison and blame .

Oh , but here I was much deceived . For this Terme must be otherwise imployed . For though through hanging , racking , and barbarous treaty of such as submitted on the Kings Proclamation , thousands had declared themselves for the Countrie , which were in all Post-hast going to Dublin to put themselves under the protection of the State , yet there were as many more that stood at a gaze , as most unwilling to runne the common course , and yet loath to bee handled after this rude manner . Against these must Bils of indictment presently be drawne , and Grand-jury-men picked for the purpose . And to strike the Businesse dead in the eye , fearing these men were not wicked enough , the Iudges of the Kings Chiefe Place on the Bench delivered , as part of their charge . That they must not be scrupulous : for that common Fame was now Euidence enough to find a Bill of Indictment .

Notwithstanding this great and holy imployment of these Reverend Fathers of the Law , they must yet doe something more to shew their Grandeza . That was , I by a Habeas corpus must bee brought into the Court before them , where after I had been sufficiently lookt at by their Lordships and the people , I was remaunded back to the place whence I came , without any thing said unto me .

This Terme finished , and the Iury-men having well acted their parts , some of the Iudges are dispatched for England , to shew there , that the Pen in Ireland had beene as active as the Sword , and that now for the destruction of , at least , al the prisoners , there wanted little , but that old saying , Hang-man doe your Office .

It is no great wonder , that now , how innocent soever I was , my head should begin to ake . Yet a Session of Parliament being shortly to follow , I conceived good hope of fayre play there : But when I saw the composure of this great Tribunall : That the upper house consisted of no more then five or six temporall Lords , and some Bishops , The house of Commons ( aunciently the representative body of the kingdom ) for the major part of Clerks and Clerks men , few having any land , & those illegally chosen , as by Muskatiers , and a rabble of such like Free-holders : I began to thinke , that such a kind of Parliament might erre , & feared nothing more then a Triall there . And surely I had reason , when nothing would serve their turnes , but a Cessation of Poynings Act during that Session . By which they were freed from transmitting their Bils into England , and so might make Lawes , as in their discretions they thought fit ; and I have too great cause to beleeve , they would have made one for attaynting me , and the rest of the prisoners .

All this while no meanes is untryed to make matter against me . For as before witnesses were rewarded , by giving them their lives being forfeyted : So now to others rough language must bee used . One Iohn Bird being examined before Sir Robert Meredith concerning me , & not answering as was expected , the said Sir Robert demanded his Religion : the honest man replyed a Protestant . Ah quoth he , by thy answers thou shouldest have a little Pope in thy belly .

And now , having by many such indirect wayes , furnished themselves with plenty of evidence , they begin to affront me , by disarming my men , by pul●●ng one Master Henry Slingsby out of my Chamber , comming by accident with a gentlewoman to visit me , saying . He was a Romish Popish Iesuite , it being well knowne , hee was no such man : and so carried him to prison .

And lastly , the Sherisses house is now thought too weake for so great a traytor . Hereupon a writ is issued to the Sheriffe , to bring me with a strong guard to the Innes , where the Iudges were , being neere halfe a mile : from whence I must be sent to the Castle , a loathsome prison of it selfe , but the inhumanitie of the Gaoler , by name Manwaring , after Hell , makes it the second place for miserie and affliction .

Well , I thought it now high time , as the Iudges had summoned my body , I should recollect my wits . And as I stood considering my case , a passage in the Earle of Straffords tryall occurred to my memory . He stood much upon his justification , and demanded the benefit of the law , but Master St Iohas replied , that to Hares , Deere , & other innocent creatures , law was afforded , but to Woolves , Foxes , all other such like vermine , any meanes might be sought for their destruction . Now I finding my selfe hitherto dealt with as one of these , although I waved the malice of the Woolfe , I made some little use of the Foxes craft , and for that present fayned my selfe si●ke , and on information thereof given , my attendance on the Iudges was spared till the morrow .

Having thus gayned time , I well pondered all which hath beene before related , together with , If I were a traytor , to whom it was ? The King himselfe I found pursued both with Pen and Sword , by an Army of his owne people ; whosoever followed or adhered unto him declared Rebels and Traytors ; The Queene his Royall Consort , flying from place to place , like an exiled or banished woman ; by Mr Martins and divers the like speeches in the house of Commons in England , that his Sacred Majesty was not fit to beare the Office of a King , and that he might be deposed , and much more to this effect , as may bee seene in divers printed papers ; which language in that place going unpunished , I could not conceive that the authors of such insolencies , or the swaying malignant part of the State here , who from time to time tooke their directions from them , could adjudge any thing against his Majestie treason .

O , but I remembred that in a Book of the Kings relating truly all the passages from the first of this Parliament to the 12. of August , he complaines of two great officers lately set up in England , who usurped the Regall power , the one is a Generall for the Land , the other Admirall of the Sea . But to these I never ought allegeance , and so consequently could be no traytor to them .

I then began to consider the condition of this kingdome , as that the state did chiefly consist of men of meane birth & quality , That most of them steered by the influence & power of those who were in Armes against the King , That they had by cruell massacring , hanging , & torturing been the slaughter of thousands innocent men , women , & children , better subjects then themselves , That they by all their actions shew , they looke at nothing , but the extirpating of this Nation , the destruction of Monarchy , & by the utter suppressing of the ancient Catholicke Religion to settle & establish Puritanisme . To these I could be no traytor .

Neere about the time of this my exigency , I was much cleared by a visit I received from Sr Arthur Loftus , son to Sr Adam Loftus , a leading instrument in all wicked designes against his Majesty , telling me ( as joyfull newes ) that the Parliament had lately given the King a totall overthrow , & that hee was now reduced to so low a condition , that by the next we should certainly heare the King had submitted to the Parliament , and till that were done , things would never doe well .

Here I tooke my resolution , with Gods helpe , not tamely to dye butchered , & so to have my innocencie smothered , but to preserve my life ( I hoped ) more to the honor of God and service of King Charles , and that by escape .

Now forasmuch as the most immediate way into England was blocked up , I resolved a tryall to gaine a passage by Wexford into France , & from thence into England , conceiving I should have bin forthwith able to have put my selfe into a summe of money , to have borne my charges , by the sale of such plate , goods , & stock , as I had in the country . But I was not many houres out of Dublin before I was pursued by some troopes of Horse , Sr Arthur Loftus leading them : who that night came to my house in the county of Kildare , & missing me , killed some of my servants , hurt divers , & after having rifled the house , they set it , and all about it on fire . And besides all my servants prisoners , they carryed away more then the worth of five thousand pound in plate and other goods .

Here my wings being clipt , all that I had to carry me abroad or keepe me at home , being thus taken from me , together with the distractions in England , that I could make little or no accompt of my estate there : In this streight I thought fit to apply myselfe to the great Assembly or the kingdome of Ireland . Who having given me full satisfaction for their assembling , & that their taking Armes was but naturall , as to defend themselves & theirs from those aforesaid barbarous cruelties : & that they desired ( as may appeare by many their Instruments in writing ) nothing but the free exercise of their ancient Religion , then just Laberties , & the preservation of this Crowne unto his Majestie : I having some interest both in Honour & Estate in the countrie , associated my selfe with them , & they after some time that I was amongst them ( more out of Charity then merit in me ) offered mee the Generalship of their Horse of the Province of Leinster , which I thankfully accepted : And now in my Colours beare this Device , Sagittae tuae acutae in corda inimicorum Regis . For the executing whereof , I desire GOD no longer to prosper my actions , then my Heart , Hand , Sword , and prayers shall be readily and cheerefully imployed therein .

Having , with much trouble to the Reader , endeavored to vindicate my selfe in this Remonstrance ; I conceiue it loth proper & charitable in this place to labour to acquit him , who I understand hath unjustly suffered for my sake , I meane Sheriffe Allen . The Protestant Sheriffe Woodcocke , to whose custody onely I was committed , went unpunished for my escape , as really he knew nothing thereof ; But Sheriffe Allen being a Catholick , who had no charge of mee , nor acquaintance with mee other then that I often saw him , when he came to treate with his brother Sheriffe about the City-affaires . Hee poore innocent man ( for so I take God to witnesse he was , as to my escape , or to any word let fall to that effect to my knowledge , or that I can guesse , is with all inhumanity dragged to prison , most of his goods seised upon & taken away , & a great number of souldiers cessed upon his house , whereby , & being made uncapable to receive his rents , or debts , or to follow any other way he had to gaine a living by , his Wife & Children from that day forth were exposed to the charity of their friends , & he endured imprisonment for a whole yeare in misery . How justisiable or conscionable this proceeding was , I will not argue , much lesse aggravate , having discharged my Conscience , the matter it selfe both to God & the world crying loud for Iustice .