An Humble REMONSTRANCE From his Excellency Sir THOMAS FAIRFAX Concerning The great sufferings and grievances of divers whose cases are represented
to the PARLIAMENT.
THe sad condition and sufferings of divers well-affected to your affaires in the
Kingdome is very grievous, and particularly the cases of James Simball, Francis Wade, Robert White, and Roger Crabb. as they are presented unto mee, which hath induced me to present the inclosed paper
to your consideration wherin you may see the manner, nature, and pretences of their
sufferings (as presented) and withall the Exorbitancies of some in places of judicature
towards such, [Page 2] who in the worst of times, exprest much affection, and Reality to your proceedings.
And I humbly desire you to move the House to take their condition into consideration,
if they be committed meerly for speaking words against the King in time of War (which
thing I in no sort approve of, yet) it would do well if the men might have some inlargement,
so as they may not perish by a languishing imprisonment, and such cruell usage as
some of them suffer, Especially, considering the offences, for which they suffer,
were but in expresse of zeale for your Cause, and that upon apparent provocation,
from such (as I am informed) as were your professed enemies.
With all due submission to you, I desire their speedy Inlargement; And freedome of
their Estate.
Your Humble Servant, THO. FAIRFAX.
Putney the 12. of Sep. 1647.
For the Honourable William Lenthall
Esq; Speaker of the Honourable House of Commons.
THE Particular Cases of severall prisoners returned in the Calender to the County-Goale at the White Lion in Southwarke, the last Assizes, held at Darking for the County of Surrey. Represented by his Excellency to the Parliament.
JAmes Symball Deputy Keeper of Winchester-house, lying sick; hearing a Cavalier, there a prisoner, then say, That the Parliament were
Rebells and Traytors, and that if the King came to London with his Army, he would make the Parliament, a poore Parliament, and exemplary for
their Rebellion, by chopping off their heads at the doore. The said Cavalier neere
two years after boasting of a designe intended against the Parliament, and being
questioned for the same by the said Symball, out of malice did accuse him, for speaking against the King, in these words, (viz. That he (the said Symball) hoped to see the Kings head upon the Tower block: When indeed the said words were spoken in Answer to those above mentioned, and upon
these conditions: That if the King had any such intention, then he the said Symball hoped as aforesaid; and thus much the said Cavalier himselfe did confesse, but afterwards
denyed. Now the said Symball being indited without any cognizance, taken of these circumstances, stands convicted
by the onely testimony of the said Cavalier ever since the Assizes held in March last,
and adjudged with Francis [Page 4] Wade, and Robert White, by Serjeant Creswell, to forfeit their whole estates, and remain prisoners, during the Kings pleasure.
Francis Wade being urged to drinke the Kings health, denyed it, saying, that King James said, that the King which ruled not according to his Laws, is no longer a King but
a Tyrant: and that the King had put the Parliament out of his protection, and in them
the whole kingdome, Therefore no King.
Robert White having been a Souldier in the Parliaments service, was demanded upon his returne,
what he would have done to the King, had he met him in the head of his Army, answered, hee would have as soon killed him,
as another man.
Roger Crabb, for comparing the King to the golden Calfe (which the Israelites worshipped) or words to that purpose)
stands convicted by Justice Bacon, since July 1646. and fined at an hundred Marks, and to lye in Goale till payment.
James Simball being at this Instant a prisoner, and in Irons at the said Goale, was indited by
one Wimball, formerly a Cavalere son in law, and partner to Richardson, keeper and Bayliffe of the Prison called the (linck, Now under sequestration, and they (keepers for the State, the said Symballs goods being within their liberty as aforesaid.) have seized [Page 5] and made stay thereof, as being confiscated to the King.
The said Richardson, and Windball commensing suites in their owne Court, for that the said Symballs brother, defending part of the said goods in right of himself, having formerly lent
them to the said James, his brother.
Francis Wade, Robert White, and Roger Crabb are returnd as prisoners in the Calender to the White Lyon, by Justice Bacon who fined Mr. Devinish late Keeper of the said County-Goale threescore pounds for suffering the said prisoners
to have some liberty.
In Crabs case the Jury brought him guilty of the words spoken by him, but that they were neither
seditious, Scandalous, nor pernitious; Justice Bacon used much Argument to perswade the Jury to finde the Judgement, they having formerly
twice returned him, And caused the said Jury to be locked up all night without meat,
drink, fire, or candle, untill they had returned him, as hee stood indited.
Die Martis Septem. 14. 1647
Ordered by the Commons Assembled in Parl. that the businesse concerning some persons
prisoners in the white Lyon, Committed by Justice Bacon, and Serjeant Creswell, be referred to the consideration and examination of the Committee of Indempnity,
to relieve them as they shall see cause, if they have power, otherwise, to make speedy
report to the House.
H. Elsying Cler. Par. Dom. Com:
FINIS.