1. THat on the third of July 1646. a Packet of Letters were delivered unto Captain Stephen Rich , by Captain Mathew Wood , to be transported from Ireland to the Parliament of England , with Order for all possible diligence , and dispatch , intimating that the Letters were of great concernment touching the Publick-weale and safety of both Kingdomes , but most in Particular concerning the sad condition of the godly and well-affected English Protestants in Dublin , that Captain Rich out of distrust , that something might be written to his disadvantage , did break open that Packet , and did not deliver the Letters , but threw them behind his Cabine where being found by some well-affected of the Company they took Copies of them , which I humbly present to your honours view .

To the first this defendant saith ;

That he was not Post-master at the same time when Captain Mathew Wood delivered to this Defendant the Letters in the Information mentioned , or intended and therefore conceiveth himselfe under favour not to be chargeable therewith , and humbly prayeth the Judgement of this honourable Committee , whether he shall be compelled to make any further Answer to this particular Charge , being charged against him , as a misdemeanour in his Imployment before he had it ; Howsoever hee this Defendant , for full satisfaction of this honourable Committee , saith and acknowledgeth , That true it is , that about that time hee received some Letters from Captain Wood , which he desired might be sent according to the direction thereof ; Whereupon this Defendant out of his forwardnesse to further any matter conducing to the good of the State , did promise to give them the same Conveyance with his own Letters . At which time this Defendant having Order to observe the Command of Collonell Mitton , was at his arrivall at Holy-head sent for into Carnarvan-shire , where he was forced to attend his duty , whereby hee was constrained to commit the Conveyance of the said Letters with his own Letters , to the Care of the Master of the Ship , and the Minister men found honest in as great a trust , to be sent by the first opportunitie , that could be , no Post being then setled at Holy-head . But this Defendant doth deny that he broke open any of the said Letters delivered to him by the said Captain Wood , or had any distrust that any thing was written therein to his disadvantage , nor had he any cause so to doe , and faith that if any of the said Ships Company did open any of the said Letters , or took any Copies thereof , the same is altogether unknown unto him , this Defendant ; neither did , or doth he this Defendant know what any of the said Letters did concern . And truly if the party who pretends to be privie thereunto had acquainted him this Defendant therewith , hee this defendant would have examined the same , and punished the Offenders , and therefore conceives the said party was much to blame to conceale the same all this while , being three years , if he knew the State was concerned therein . And also hopeth , that he shall not suffer for any miscarriage therein , it being in his absence during his employment in the Publick businesse , he having done his uttermost endeavour for the Conveyance thereof :

2. That in August 1647. Captaine Rich came to Holy-head with the Post-Barque where a Packet from the Parliament stayed for transportation but he left the Packet there , and went with the Barque to Chester water upon his own occasions , by which meanes the States service was neglected , and the Barque like to be lost .

To the second Charge , this defendant saith , that about the time therein mentioned , he this Defendant was at Holy-head , to see if there were any Packet there from the State , and finding none , hut only the ordinary Letter Packet in a leather bagge , This Defendant conceived it his duty rather to goe to Chester to see if Master Walley , the States Agent had any service to command him for the Publick , then to returne only with the Merchants Letters , which this Defendant then left to be carryed by another Barque , then bound for Dublin from Holy-head . But this Defendant denieth that he went to Chester-water upon his own occasions , or otherwise then upon the discharge of the duty of his place for the publike service , wherein if his Barque had miscarryed , this Defendant must have borne the losse of it himself .

3. That in October 1648. The Barques was Commanded by Collonel Jones for Chester-water to bring over the Packets , but contrarily went to Holy-head , where the Master took a fraight , and returned to Dublin without a Packet , by which means the Packet were left at Chester , The Governour wanting his Intelligence to the great prejudice of the State .

To the third Charge this Defendent saith that at the time therein mentioned the Stage was setled at Holyhead , and the Packets there constantly received . So as their is no probability , that the States Letters should be stayed at Chester for the Post Barques to carry them , when of course they were to be sent by Land to Holyhead .

4. That in December 1648. The Informat delivered a Packet to Daniell Nixon the Master of the Post Barque , with Command from the Governour to goe for Chester-water withall possible expedition , but Nixon contrary to Order lost that Night Tyde , being then busie about affaires for Captain Rich or his own advantage , the Barque being laden with heavy goods could not get off till full Sea , whereof the Informat getting knowledge in the next Morning , and perceiving the Barque was bound for Holy-head , was compelled to send the Packet aboard , Captain Clarke then riding in the Bay of Dublin , to the hazard of loosing both Packet and Boatemen by stormy weather , which if the Informat had not done the State might have lost that Intelligence , the Pyrates being then busie at Sea .

To the Fourth he this Defendent saith , That he doth not know of any losse of a Tyde as thereby is pretended , nor that his Master the said Nixon lost his Tyde or neglected any Commands from Collonel Jones , and faith he was not Ingaged to receive Commands from the Informer , nor did his Instructions require him to attend the private but the publike Packet , yet in case that part of the Information had been true , the Informer confesseth the weather grew foule , and the Pyrates did infest the passage , which might be good Inducements to the Master at that time , not to run head long into danger , and this Defendent saith he doth not know that Nixon was then busied about any of the affairs of this Defendant .

5. That not long after Captain Rich should have sent the Post Barque to Chester ; but for his own advantage without this Informates knowledge sent her to Holy-head to unlade goods kept aboard her two months , and left the Packet behind , and stayed at Holy-head three weeks and went thence to Chester , and loaded with Coales , and thence returned with the Packet of the 16 of January , and put in againe to Holy-head the Wind being faire and tooke in more goods , by which means the Barque was taken , the Packet lost and those aboard undone .

To the Fifth charge this Defendant saith , He knoweth nothing thereof , he being then here attending the State , neither did he ever heare that Collonel Jones did Command the Barques for Chester-water , and saith he conceiveth it was his duty to deliver the Packets at Holy-head , only since the Stage was there setled , and saith if the then Master of the said Barque did in his this Defendants absence any of the matters herein charged as against this Defendent , the same was without his this Defendants knowledge or privity , and this Defendant is thereby become a great sufferer in the losse of his Barque , which cost him asmuch as a whole years wages amount unto , and as to the Prejudice pretended to be done to the Publicks service in any of the particulars here complained of , this Defendant hopeth it shall be taken as in truth it is a meere surmise of his adversaries to supplant him in his employment . Since neither Lieutenant Generall Jones nor Master Walley did ever question the same to this Defendants knowledge , nor acquainted this Defendant therewith , or complained to the State therein , but on the contrary have given Testimony of this Defendants readinesse and dilligence at all times to observe their Commands . Vide their Certificates .

6. That the severall Packets of the 6.13 20. and 27. of Feburary 1648. Did not arrive at Dublin till the 23 of April 1649. For want of a Post Barque to transport them , notwithstanding the said Rich being bound at all times to have a Barque in reachnesse for the service .

As to the Sixth , charge as to the long stay of the severall Packets therein men●i●ned this Defendant saith they were only the Merchants Packets , and howsoever could not receive a quicker conveyance from this Defendant , if he would have taken upon him the carriage thereof out of curtesie as formerly , for that both the Defendant Barques , aswell , as that which the Informers have newly hired for his own use , were all three taken , One of this Defendants Barques called the Hare being carried to Wexford , and the other a Catch called the Iacob in Dublin , being carried to the Isle of Man . Whereupon this Defendant bought the Catch againe , and provided the Speedwell into the Hares place , both which doe constantly attend the States service , as appeareth by both the Masters Oaths herewith presented . Vide the Affidavits .

7. That Captain Rich , did contract with the State to keep two able Barques for their service only , but did keep but one for fourteen months together , yet hath received his whole stipend for two , and that one Barque did make but one Voyage in the States service from the 30. of September 1648. to the eight of April 1649. And whereas the said Barques should at all times be in readinesse for the States service , and at no time unballanced , or laden and cumbred with Merchants goods , and yet whither he had one or two , they were alwayes unballasted of purpose to take in Merchants goods or Coales for his own best advantage .

To the seventh charge this Defendant saith , That he ever kept two sufficient Barques for the use of the State , save only in that time that both his said Barques were carryed away as aforesaid and then he provided two Barques for the said Service withall the expedition he could , but denyeth that the same were unballanced at any time when there was occasion to use them for the States service , and as to that part of the charge concerning taking in of Goods aboard , this Defendant humbly offereth and saith , that although it bring in no profit to the Owner , yet it was never denyed the Servant , that whilst the Barques did attend , and before the Packet came to hand the men might take in some Truncks or Goods , which perhaps might produce for their advantage , and incouragement , sometimes ten shillings , or more or lesser as occasion offered ; And the same was the Informers own practise in Master Witherings time , when he hired Barques for the Merchants Letters as by the Contracts may appeare , and thought sometimes , when the Barques goe for Chester-water , and the Packets were not ready , the Barques-night take in some Coales to pleasure this Defendant , or some Friends , yet was no prejudice done thereby to the States Service , as by Master Wallyes Letter to Master Frost , ready to be produced may appeare .

All which this Defendant by way of answer to the said Information humbly offereth to the Grave Conside●ation of this Honourable Committee , and humbly craveth the Judgement thereof , he having always upon all occasions used his utmost diligence to performe the duty of his place , and you having received frequent testimonies of his care and faithfullnensse therein , from Lieutenant Generall Iones , and also from Charls Walley the States on this side , and therefore hopeth , that this Accusation , contrived meerly by the Informer to supplant this Defendent in his Imployment shall receive no favourable Construction .