• 1. THat hee makes no answer at all to the most, and most materiall Accusations against him.
• 2. What hee pretends to answer, is meere shifts, and no answer.
• 3. That in stead of answering, hee rayles, and most falsly scandalizes divers men most faithfull to the Parliament.

As, 1. Hee makes no answer at all to these things; viz.

First, That upon my humble desire to the Committee of Plimouth, that the 200 l. might be satisfied to Mr. Keckwich, that so I might have up my Security which he had of me when hee delivered me the Pearle, (which I also desired of the said Com­mittee whilest Mr. Keckwich was in London, as Sir Edmund Fowell hath already testified) or that I might, by Order of the Parliament, be freed from it &c. and the said Committee agreed unto it; as Sir John Bampfeild Baronet, Anthony Nicoll, Note. and Thomas More Esquires, (members of the House of Commons, who were pre­sent) know.

Now, because all the difference between Mr. Francis and me grew concerning the Pearle, I desire that the case may be known, which is this;

April 27. 1643. There was an Ordinance of Parliament, that all that should be sequestred in Devon should be issued by warrant of three or more of the Committee, under their hands and seals, and not otherwise.

February 14. 1643. Three of the said Committee ordered, under their hands and seals accordingly, that the said Pearle should be disposed for the Garison of Pli­mouth; and thereupon took up the 200 l. of Mr. Keckwich, leaving the Pearle with him for his security, who after left them with me, taking under my hand to be paid his 200 l. and the overplus to be returned to Plimouth, for the Garison; as the said Sequestrators there ordered.

August 24. 1644. Upon mis-information to the Committee of Plimouth from Mr. Francis (that there was 6000 l. due to him from the Parliament) he obtained in Order to have the Pearle; but that Honourable Committee being after acquain­ted by me, with the 200 l. for which I stood ingaged to Mr. Keckwich, upon the receipt of the Pearle from him, agreed (according to my desire) to acquaint the House with it for my discharge, as afore-said; which Mr. Francis perceiving, it seems he got some one (who was not present when the said Committee agreed that the House should be so moved in it) to move the House to procure a confirmation of the first Order, for delivering the Pearle to him, Note. without mentioning the last agree­ment of the said Committee, which hath caused all the mistake which hath followed; [Page 2]Mr. Francis thus labouring to procure the Pearle, when he hath not proved any peny to be due to him; and I endeavour onely that it might be for the good of Plimouth, without any benefit (but trouble) to my selfe.

And whereas Mr. Francis now saith, That hee refused to deliver the Pearle to Col. Gold and the rest of the Sequestrators in Plimouth, because they had no Order; They had an Ordinance of Parliament to require it, and to commit him (as they did) upon his refusall; and hee stands still committed, for hee made an escape, having given bond in 1000 l. for his true imprisonment.

Secondly, I desire it may be observed, that Mr. Francis makes no answer at all to this charge, viz. That when the Sequestrators in Plimouth would have had the Pearl from him, to be disposed for the payment of the Garison, (which was in great want) hee refused to be examined by them, to discover where they were; and some of his family being examined, swore very desperately; onely one Wood dealt ingeniously, so that by degrees it was discovered, that something wrapped up in Canvas, and sea­led up, was delivered out of Mr. Francis house, over the wall of his yard, to a Coo­per, and brought backe againe into the house; whereupon the Cooper being exami­ned upon Oath, confessed, that the box of Pearle was delivered to him over the wall, and the same day fetched from him againe, and after, the same day, brought backe to him againe, and remained in his custody. This double was made (as the Sequestra­tors understood) purposely to delude them upon the examination; for so the rest (who were privie to it) did upon their examinations discover. And if the Pearl be worth 800 l. (as Mr. Francis intimates) why doth hee not procure so much for them? seeing hee hath set under his hand July 25. 1644. that they are all there; at which time they were sealed up in a box by himself, and so remaine still; and yet now hee would cast an aspersion (if hee knew upon whom) as if some of them were imbezeled; so as Oportet — esse memorem.

Thirdly, I desire that it may be observed, that Mr. Francis makes no answer at all to this charge, viz. That he got an Order from the Committee of Plimouth, for himselfe and Mr. Thomas Viner Gold-smith, to compare the first Inventory which was taken of the Pearle, with the Inventory which Col. Gold and the rest of the Se­questrators of Plimouth sent up of them, under their hands and seales; which being diligently compared by them, they certified under their hands to the Committee of Plimouth, that they found the Pearle to agree with both the said Inventories.

Fourthly, Mr. Francis makes no answer to this, viz. That the Pearle were after valued by some who were appointed by the Committee of Plimouth, and divers others, and yet they all valued them under the value which they were valued at by those who were intreated to value them by Mr. Keckwich.

Now, if any demand, why I printed my Petition, and Exceptions to Mr. Francis Account? I answer, that I did it,

1. That the Parliament might be acquainted with it, seeing my Petition hath long beene in the hands of some Parliament men, who by reason of the multitude of greater businesses could not move it.

2. That Mr. Keckwich might be satisfied his 200 l. which hee freely lent to pay the Parliaments Garison in Plimouth, and that I might be freed from my engage­ment for it.

3. That the Honourable House of Parliament might not be wronged by M. Fran­cis unreasonable Account.

Fifthly, Mr. Francis makes no answer to this wherewith I charge him viz. That [Page 3] hee mis-recites all my Exceptions to his Account, by adding, altering, or leaving out part; and so makes answer to Exceptions of his owne.

Sixthly, Mr. Francis makes no answer to this, viz. That Mr. Kelland, Mr. Yard, Mr. Hody, and Mr. Lowman were first assest by the Commissioners 2220 l. ( being all Malignants, and since Mr. Kelland hath been a Commissioner, and Mr. Hody and Mr. Yard Captains for the Enemy, and yet are) which yet after upon full debate of the Commissioners was brought downe to 1720 l. at least, and it was resolved that that should stand without any more abatement; who after being taken and brought to Plimouth, Mr. Francis refused to joyne with the rest of the Commissioners in com­mitting of them, and without, yea, contrary to the liking of the rest of the Commissio­ners (after they were committed by the rest) hee laboured to remove them to some friends house.

Seventhly, he makes no answer to this quere, viz. Whether it were thought fit at a generall Councell of Warre, or, whether Mr. Francis did not solicite some of them in private (who were his friends) to yeeld to his desire to compound with the said Malignants for 800 l.

Eighthly, he makes no answer to this which I said, viz. That my books of Account (which I left as safe as mine own Books and Evidences of great importance) were all taken by the Enemy after Exeter was yeelded, as the party from whom they were taken, and divers others of worth and credit (who are here) can testifie.

Ninthly, hee makes no answer to this, viz. That there were plaine discoveries of Sir Alexander Carews intention to revolt, before it was done: As, 1. by his secret intelligence and correspondence with Mr. Edgcomb and others of the Enemies side in Cornwall. 2 ^ly. His going over secretly to Mount-Edgcomb to conferre with them. 3 ^ly. The contents of a Letter written by him, wherein he promised upon the procure­ment of his pardon, and security of his estate, (which pardon was accordingly procu­red, and his stock marked with Mr. Edgecombs marke, to preserve them for him) to performe what he had promised to them. 4 ^ly. Overtures made to the Souldiers in the Iland to take his part, and to make their peace with the Enemy, and divers other things of this kind; and all this made known to Mr. Francis, with tender of proofe upon oath; and hee was divers times urged by some of the most considerable honest men of the Town (when Sir Alexander was in the Town) to have stayed him there, and secured his Person for prevention of the treachery, or to have suffered them to doe it; yet hee would not, but shewed his dislike to those who brought such informa­tion, and solicited him therein, till the Iland was lost, and by a miraculous providence of God recovered againe, without any help of his.

Tenthly, hee makes no answer to this, viz. That I three times desired, and ear­nestly pressed him to it (in my Reply) to have the difference between him and me ex­amined upon oath; I confidently affirming (as it is true) that it will be proved: So that in all these things hee thereby acknowledgeth his guilt therein.

Secondly, What hee pretends to answer, is meere shifts, and no Answer: As,

First, He answers not my charge against him concerning Sir Alexander Caren (as before appears) but tells a tale of his writing to the Parliament, with the Answer thereunto, which may be so; but had the Parliament been truly informed of his offence, in not securing Sir Alexander when he might and ought, upon good proofe offered to him, as afore-said, its like the thankes which he had would have been turned into punishment; for, had the Iland been lost, (as it was Gods wonderfull mercy that it was not) Mr. Francis might have suffered in a high degree.

Secondly, Whereas he saith, that Captain Hancock assured him of the integrity of the Souldiers in the Iland; It is not so: for there were but seven or nine at the most who joyned with Captain Hancock; and besides, the assistance which Mr. Francis promised him was not performed; as by the said Hancocks and Skinners Examina­tions appeares, of which I have a Copie.

Thirdly, Whereas Mr. Francis saith, that there then appeared only cause of jealousie, and no apparent cause of proofe against Sir Alexander; Mr. Wills a godly Minister, and divers others know, that there was direct proofe offered to Mr. Francis, as afore-said.

Fourthly, Whereas Mr. Francis saith, that he endeavoured to get Sir Alexander a­gaine to Plimouth, resolving to secure him if he came: It appears by Capt. Hancocks and Skinners Examinations, that Mr. Francis knew that Sir Alexander was jealous of being secured if hee came again to Plimouth, and therefore it was folly (if not worse) to let him goe to the Iland (where he strengthened his party) and to expect that he would come again into the pit-fall; and therefore I need not blush for having accused Mr. Francis so justly therein.

Fifthly, Neither was Mr. Francis acquitted (as he pretends) upon examination of this and the rest of his misdemeanours in the Articles sent up against him to the Parliament; for there was no examination thereof, only because Mr. Trotell neglected to prosecute; for which, those of Plimouth were displeased with him, and lately sent up one Mr. Arundell, who is now dead, to prosecute those and other misdemeanours against M. Francis.

Sixthly, Now Mr. Francis pretends, he fell not off to the Ʋtriusques (as I charge him) upon Sir Wil. Wallers blow at the Vizes, because (he saith) hee after encoun­tred the Enemy, and forced them to fly; which in a Pamphlet (saith he) is attributed to those who were never guilty of it; meaning (as I conceive) Col. Gold, by whose valour (under God) indeed it was done; the Colonell having then his horse killed under him, and mounting another, that was also shot by the Enemy; and it will be proved by many, that it was then after-noon with Mr. Francis.

Seventhly, In Mr. Francis Answer to my Reply to his Account, he excepts, that I replied only to two of his Answers to my Exceptions to it; which is true; because (as I said, and so say still) that I desire that neither my Exceptions, nor his Answer, might be beleeved on either of our bare affirmations, but that it might be examined upon oath; and therefore I earnestly urged him, three times in my Reply, to have it examined; but he likes not to heare of that, and therefore saith nothing to it, know­ing that it will be proved. Now, I could instance in divers particular unallowable demands in his Account, but because it would make my Paper to swell too big, and is fit to be spoken when his Account comes to be examined, in the interim, take onely this Certificate, which I have from an honest Captain in Plimouth.

Eighthly, To my charge of his discharging Mr. Kelland, and the three other Ma­lignants, of 920 l. (which was assessed on them) contrary to the Ordinance of Par­liament: To this Mr. Francis saith, that he discharged them out of Prison, but not of their Assesment; but took 800 l. in part of the 1720 l. and the rest they are liable to still; whereas, by his usurped unlimited power, hee sent those Malignants out of the Town into the Enemies Quarters, where they fight against the Parliament; so that now we have no power to raise the rest, no more than we had to get Sir Alexander Carew again when Mr. Francis refused to secure him, and let him goe away, when hee was in Plimouth.

Ninthly, Why Mr. Francis, or any other, would not suffer the 800 l. which hee had upon Assesment of Mr. Kelland and the rest, to be disposed by the Commissio­ners of Assesment, according to the Ordinance of Parliament, hee shewes no reason, nor indeed can.

Tenthly, As for my books of Account, I have offered to prove to the Accountants of the Kingdome, that the Enemy hath them all; and I have done all that I can to pro­cure them; but, I beleeve, Mr. Francis doth and will hinder it, knowing that I shall prove him false thereby: and it is a simple argument for him to say that I have my Accounts, because I remember 734 l. which was payd to Major Herbert; which I remembred the better, by conferring with my man who payd it, and it being the greatest summe that I ever payd at one time to one man, for Officers onely.

Eleventhly, Whereas Mr. Francis saith, That I and my man might have come out of Exeter with the Earle of Stamford, and then we had passed very safely and secure, as the rest of the Earles company did; (and so hee inferres, that I might have brought my Accounts with me;) I did come out with the Earle, and yet was robbed by the Enemy of all that I had, and so were many other, as is too well known.

Thirdly, I come to Mr. Francis most unchristian and false slanders of the dead and absent, most faithfull men to the Parliament.

First, that worthy and ever to be honoured Colonell Gold: As,

1. Whereas Mr. Francis saith, That there is a great deale of money due from the said Colonell to the Parliament, all men, that will speak truth, know and beleeve that he is out of purse, and stands ingaged many thousand pounds for the Parliament.

2. Whereas Mr. Francis saith, That Col. Gold prest the Committee in Plimonth and Deputy Lievtenants to search every mans house in the Town, and to take from them, by force, all such money and plate as should be found in their houses, if they would not part with it otherwise. It will be proved, that some wel-affected in Plimouth, who had plate, (the Souldiers being like to mutiny for want of pay) offered their plate to the Colonell, and desired that the rest who had plate might be intreated to part with it also, so as the Colonell and some of Mr. Francis friends would be engaged to pay the value of it; which the Col. thereupon moved, and offered to be engaged, but Mr. Francis friends refused, and so there was nothing more done in it.

3. Whereas hee saith, That Col. Gold owed Mr. Kelland 1000 l. by bond, and that Mr. Kelland was often offered at Dartmouth and Plimouth, that if hee would deliver up the bond, they should be all freed: It will be proved by Arthur Ʋpton Esquire, and Mr. Richard Nicholl, who are here, and divers others, that Mr. Kelland. himselfe offered to deliver up that bond, if they might have been freed, but it was refused; neither was the 1000 l. the Colonels debt, but borrowed for the Parlia­ment, for which he and others were bound; and Mr. Francis had 800 l. of the same money, as appears by his own Account; and therefore it is a most wilfull false slander.

Secondly, Mr. Francis falsly accuseth Thomas Gewen Esquire: As,

1. That hee is indebted to the State for money which he received for Assesments and Sequestrations, and refuseth to give an Account. Whereas the truth is, that a­bout October 1643. Mr. Francis, and some others (whom hee procured to joyne with him) required Mr. Gewen to give them an Account; at which time he desired to see by what Authority they required it, but they would not show, nor indeed had any; yet Mr. Gewen (to take off all exceptions and jealousie) delivered them an Ac­count of all his receipts and disbursements, which was examined and allowed by Col. Gold, Mr. Beare, and Mr. Champneys, the Parliaments Commissioners; where­by it appeared, that there was 232 l. 19 s. 8 d. due to him: and, to manifest his de­sire to have his Account taken, hee then writ up (as some Parliament men know) to procure an Ordinance for the taking of his owne Account first, and after the rest of the Accomptants in Plimouth; but before it could be had, the Ordinance for taking all the Accounts of the Kingdome was made; so that its plaine, that hee was desirous to have his Account taken, and he is ready to give it to those who have now Authority there to take it, but Mr. Francis stays purposely here, as is conceived, because he would not give his own Account, knowing that it will be proved false by many in Plimouth.

2. He chargeth Mr. Gewen to have held intelligence with Peter S ^t Hill Esquire. Which was thus; whilest the Siege was before Exeter Mr. S ^t Hill writ to Mr. Gewen about the exchange of Prisoners, and withall desired there might be peace, profering to doe his best therein, perswading Mr. Gewen to the like, which hee shewed to all the Gentlemen of quality hee met with; and by the same Messenger returned an an­swer, to convince Mr. S ^t Hill of his error, and to justifie the Parliaments Cause, in an excellent manner; as will be proved, the Letter being seen.

Thirdly, The like charge Mr. Francis hath against Mr. Nicholas Row; but he was acquitted thereof by the Councell of Warre in Plimouth. Thus Mr. Francis falsly accuseth the best-affected to the Parliament; but when himself was told by his friend Mr. Wills (a godly Minister in Plimouth) that it was reported that hee privately re­ceived a Letter from the King, and was advised by Mr. Wills to question the party in Plimouth, who was said to have brought it to him, hee looked as pale as his band, and would not question it, lest it should be proved.

Fourthly, He falsly accuseth Rich. Verman, That Major Herbert gave him 3 ^l. when hee paid him the 734 l. Which the Major being now spoken with will not depose.

Fifthly, Whereas Mr. Francis saith, That Mr. Keckwich bought Rice of Captain Battin, with the Parliaments money, at 24 s. per Cent. upon engagement to sell it at Plimouth at the same rate; yet hee sold it for 30 s. 34 s. and 36 s. per Cent: And having received Dollers at 4 s. a peece, he paid them to the Souldiers in Plimouth at 4 s. 4 d. a peece. To manifest Mr. Francis his falsity therein, I have these Certifi­cates which follow; viz.

Sixthly, Hee most falsly saith of me,

1. That I have, or have transported much of the States money beyond the seas: But I will give him all that I have, or have transported, for six pence.

2. Hee calls mee Ʋsuror, and saith that I have taken forfeitures: Whereas hee cannot instance of any money put out by mee to usury, nor of any forfeiture [Page 8]ever taken by mee: but hee is so touched upon the gall, in the truths wherewith I have charged him, that it makes him thus to wince.

3. Hee saith, that I paid the Souldiers halfe that was due to them, and took re­ceipts for the whole. Which is most false.

4. Hee saith that the Souldiers being much arreare of their pay, and there be­ing a great quantity of Plate of the Parliaments in my custody, sufficient to satisfie them, and one William Gobell being sent by the Parliament to coyne it, I would not permit him, but sent him away, and left the Plate in Exeter to the Enemy upon the surronder thereof. (To which I answer, that there was about 1300 l. worth of plate which had been brought in upon the Propositions to Mr. Bartlet and Mr. Anthony, Gold-smiths in Exeter, who were appointed by the Deputy Lievtenants to receive it; whereupon the Commissioners of Assesment writ to some Members of the Parliament, to desire an Ordinance to coyne it; and thereupon the said Gobell came to Exeter, and the Commissioners severall times spake with him; but finding 1. That hee made scruple to coyne it, because (as hee pretended) it would be Trea­son. 2. Hee made such demands for the charge to doe it, that the Plate would yeeld much more as it was; wherefore they gave him for his paines, and hee retur­ned: and then by agreement of the Commissioners, the Plate was sent to London, to buy the Armes for the Parliament (as Anthony Nicoll Esquire, and divers other Parliament men know) which Mr. Francis had at Plimouth, for which hee hath given no account: And therefore it is a foule slander, which hee saith, That I left the said Plate intire in the City to the Enemy, upon the surrender thereof.

So that upon the whole matter, this Character may be made of the man, Malice, Pride, Impudency, and Falshood, wrapped up in Ignorance.

Wherefore, to conclude, seeing hee hath adventured his soule, in setting forth so many false and scandalous reports, but I beleeve hee will not venture his estate therein, which to try I make him this offer, Let him give mee an appearance to a Suit, for the scandalls which hee hath published of mee, without sheltering himselfe under any protection (that hee might so vent his false slanders) and I will doe the like to him, if hee will bring any Suit against mee, for any thing that I have pub­lished against him: And then it will appeare to all, whether the foresaid Character he not true of him.