who lived in those famous times and spent their blood in Obedience to their Soveraigns Command So that by these words candidly and rightly taken no manner of ill could come being spoken not with any sharpness or upbraiding but meerly to let them see That being in that Condition they were infinitely bound to the Kings of England who were pleased to communicate to them the Laws of their own Kingdom And so far were they from being taken ill that no man at that time took offence at them For the words The King might do with them what he pleased let them relate to the Conquest and there is no offence in them for the Conqueror might give them what Laws he pleased and yet nevertheless hath been so gracious and good as to give them the Laws of his own People Give me that understanding of the words and then where is the Crime how can it be brought in Judgment against me in it self or be aggravated to High Treason I acknowledge I did speak to the Recorder of Dublin yet some things I am put in mind of which I am forced to deny with a great asseveration That I do not remember the words nay I am sure I never spake them let all the world and a cloud of Witnesses say the contrary when I know in my own heart I did not speak them though I offer not this to Your Lordships to convince your Judgments And on the other side there is nothing that is true but I will acknowledge it with all Ingenuity in the world on the Testimony of any one single Witness I desire that Mr. Slingsby his Servant might be asked whether he was not present when I spake these words and whether then any offence was taken at me in respect of the high manner of my speaking or whether they were not rather extreamly well satisfied Now if Your Lordships take words in pieces and not altogether any man living may be convinced but taking my words altogether though something might be thought harsh yet something gave abundant satisfaction I am upon a mighty prejudice in being denied to have my Witnesses examined upon Oath in these things that are not Treason But they be persons of good credit and I trust your Lordships will believe them as much as if they spake on Oath since I think none of them would say a word to your Lordships which they would not swear Mr. Slingsby being asked Whether he was present when my Lord of Strafford spake to the Recorder of Dublin what he said and what acceptance it received He Answered He was then present being on the occasion of presenting Sir Robert Dixton the Mayor of Dublin that he cannot remember the particular words nor deliver them to their Lordships as they were spoken by the Lord-Lieutenant But he remembers particularly the scope of the Discourse was to ingratiate His Majesties present Government to them That the words were well accepted by several persons whom he spake with and took that Effect that his Lordship was thereupon invited to the Mayors House where divers of the City Congratulated his coming to them I shall now proceed to the second part of the words That their Charters were nothing worth and they bind the King no farther than he pleases and I conceive I may say so still If their Charters be nothing worth they do not bind the King but he may do with them what he pleases In that I desire your Lordships to call to mind what my Lord of Corke said That Ireland was a Conquer'd Nation and the King might give them what Laws he pleased and that the Charters were Antiquated and no farther good than it pleased His Majesty to make them It is likely I confess I might say so and yet not say amiss for it is most evident and clear their Charters are void in point of Law and therefore it is in the King 's good will and pleasure Whether he will make them good or no. And that they were void the King's Council informed me so that they were questioned at Council-Board upon it for divers unlawful Exactions they took under colour of Charters for divers by-Laws that they had made against Law by those Charters for divers neglects of Duties that they ought to do by those Charters and generally for not performing the trust reposed in them by those Charters with that Integrity and Care they ought to do And for the truth of it that many Complaints were made against the Mayor and Aldermen at that Board for neglecting their Duty I dare Appeal to my Lord of Corke I adding this That the greatest part of the Aldermen were Recusants and would never be brought to obey the Order of the Board but stood on their Charters and would be Masters and by that means great Disorders continued And to prove that upon Examination they appeared to be void in Law I desire Sir George Ratcliffe may be admitted to speak on what Grounds those Charters were called in and are now as I think deposited with the Clerk of the Council Sir George Ratcliffe standing charged with High Treason by the Commons of England before your Lordships and of a Conspiracy with my Lord of Strafford and whether it be fit to hear one charged with High-Treason to clear another so charged we Appeal to your Lordships That Sir George Ratcliffe is charged to be a Conspirator with me indeed and in truth I must confess Sir George Ratcliffe and my self under favour are equally guilty of Treason and I hope we shall both justifie our selves but I know so much of him that I am not ashamed to say That I think that Sir George Ratcliffe is my Friend and I wish him well and so I think will all other men I trust in God when they hear him But I conceive Sir George Ratcliffe might be heard in these Points if he be examined as a Witness against me I desire he may be examined as a Witness for me Sir George Ratcliffe is not examined nor at all sworn in the Cause on our Motion and admitted that if they produced him as a Witness they would not deny my Lord of Strafford to cross examine him The Lord Steward declared the sense of their Lordships That Sir George Ratcliffe could not be examined I shall readily obey but yet observe That if it were only matter of Misdemeanor he might be examined though charged But this is my unhappiness to be debarred of my Witnesses because I am charged with Treason in general though there be nothing in particular that 's near the complexion of Treason We desire to observe that this justifies a part of our Charge for the Charter of the Subjects Liberties are as his Lordship confesseth brought to the Council Table and judged there and not to the proper Courts where they ought to be judged the Council-Table having no Power to declare the Validity or Invalidity of Charters from the King to the Subject
our Religion our King our Laws our Liberties all that can be near and dear unto an honest Soul in one universal and general desolation to defeat I say the Counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to be specially intrusted with the preservation of the whole and in their Conscience perswaded that the dangers are so eminent as they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves by making a Solemn Protestation and Vow unto their God that they will unanimously endeavour to oppose and prevent the Counsels and Counsellors which have brought upon us all these Miseries and the Fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves the better before God and Man Here the Protestation was read unto the Lords together with the Grounds and Reasons which induced the House of Commons to make it which are prefixed before it by way of Preamble The Kings Speech on Saturday last to both Houses being publiquely known in the City rumours were spread abroad concerning desperate Plots and Designs against the Parliament which occasioned multitudes of people to resort the Monday following being May 3. to both Houses of Parliament in such a Confluence as hath not been usual they tendred Petitions to both Houses crying Iustice Iustice against the Earl of Strafford and when the Houses arose they departed Tuesday the 4th of May the Lords desired a Conference with the Commons which was managed by the Lord Privy Seal who spake to this effect That the occasion of the Conference was so visible that he should not need to say more of it the multitudes without bespake the business and matter of it That which he had to say was by Command from the King to the Peers to be communicated to both Houses of Parliament That His Majesty takes notice that the People do assemble in such unusual numbers that the Council and Peace of the Kingdom may be thereby interrupted and therefore as a King that loveth Peace and taketh care that all proceedings in Parliament may be free and in a peaceable manner he desires that these Interruptions may be removed and wisheth both Houses to devise a course how the same may be done At the same time the Lord Privy Seal communicated to the Commons a Petition which the Lords had the day before received from the multitude of people that flock'd together in the Palace-yard which was to this effect THat whereas your Petitioners did yesterday petition for the redress of many Grievances and for the execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on foot to which your Lordships have this day given Answer that you have the same under present consideration Your Petitioners do render humble thanks But forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of Men not of the Hamblets as usually they were wont to do but consisting of other persons under the Command of a Captain a great Confident of the Earl of Straffords which doth increase their fears of the suddain destruction of King and Kingdom wherein your Lordships and Posterity are deeply interessed and this is done to make a way for the escape of the Earl of Strafford the grand Incendiary They humbly pray that instant course may be taken for the discovery thereof and that speedy execution of Justice be done upon the Earl of Strafford Whereupon the Lords sent six Peers of their House to the Tower to understand what truth there was in this Information and to demand of the Lieutenant who chose those men to be lodged in the Tower whether he was privy to it himself and what Order he had to receive them and what Captain was to Command them To the two first he said he was wholly ignorant and for the Third he said he had His Majesties Command to receive One hundred men into the Tower and Captain Billingsly to Command them and to receive only such men as he should bring unto him but now understanding their Lordships Order he did promise that no other Guard should come into the Tower unless it were the Hamblet-men The Lords did further declare at the Conference that they were drawing to a conclusion of the Bill of Attainder of the Earl of Strafford but were so encompassed with multitudes of People that their Lordships might be conceived not to be free unless they were sent home whose flocking hither was the only hindrance to the dispatching of that Bill and therefore desired the Commons to joyn with their Lordships to find out some way how this Concourse about both Houses might be avoided And then they debated the Protestation and passed it and took the same After that the Commons returned to the House Doctor Burgess was desired to acquaint the Multitude with the Protestation which both Houses had taken which being read by him and also made known unto them that the Parliament desired that they would return home to their houses they forthwith departed The said Protestation was afterward tendred to the whole Kingdom with this intimation that whosoever refused to take it should be noted as disaffected to the Parliament The Commons forthwith ordered the bringing in of a Bill for the continuance of this present Parliament that it might not be Dissolved without the consent of both Houses which was read the First and Second time and committed That day the Earl of Strafford writ this ensuing Letter to His Majesty May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to
above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom XXIV That in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and declared before others of His Majesties Privy-Council that the Parliament of England had forsaken the King and that in denying to supply the King they had given Him advantage to supply Himself by other ways and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such waies as He should hold fit and that He was not to suffer Himself to be mastered by the frowardness and undutifulness of the people And having so maliciously standered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Kéeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book entituled His Majesties Declaration of the Causes that moved Him to Dissolve the last Parliament full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons XXV That not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber and afterwards by his advice they were sued in Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his advice to the Council-Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the Names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these and the like Speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the héels and some of the Aldermen hanged up XXVI That the said Earl by his wicked Counsels having brought His Majesty into excessive Charge without any just cause he did in the month of July last for the support of the said great Charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London Owners of the said Bullion and Money came to his house to let him understand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their Occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them That the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise monies by force was a point worthy of his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant General of all His Majesties Forces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintenance of every Souldier of the Trained Bands of that County which sums of money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terrour to yield to the payment of the same he did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and and they that refused it were in very little better condition than of High Treason XXVIII That in the months of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of His Majesties Army he did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malitious desire to engage the Kindgoms of England and Scotland in a National and bloody War he did write to the Lord Conway the General of the Horse and under the said Earls Command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl that His Majesties Army then under his Command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray His Majesties Army then under his Command to apparent danger and loss All and every which words counsels and actions of the said Earl of Strafford were spoken given and done by him the said Earl of Strafford traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege-people of all His Realms from His Majesty and to set division between them and to ruine and destroy His Majesty and Majesties said Kingdoms for which they do further impeach him the said Thomas Earl of
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Lawes and Government of the Realmes of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel His Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallible interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen years in the Kings Service ever Resolving in my heart Stare super vias antiquas to prove with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Haires charged as an under-worker against that Government a Subverter of that Law I most affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by words by Councils and by Actions in Ireland and in England My Lords I shall first give you an Accompt of the words wherewithall I am Charged forth of Ireland and the first words are in the third Article where I am Charged to have said That Ireland is a Conquered Nation and that the King may do with them as he pleaseth And to the City of Dublin That their Charters are nothing worth and bind the King no farther than he pleaseth These are the words Charged My Lords methinks it is very strange under favour that this can be made an Inducement to prove this Charge because I said That Ireland is a Conquer'd Nation therefore I endeavour to subvert the Fundamental Laws when I speak the Truth for certainly it is very true it was so My Lords under favour I remember very well there was as much said here at this Bar since we began and yet I dare well Swear and acquit him that spake it from intending to Subvert the Lawes For my Lords you were told and told truely That Ireland was a Conquered Nation and that it was Subordinate to England and God forbid that it should be otherwise and that they have received Lawes from the Conqueror My Lords the words testified by my Lord Gormonstone and Kilmalock to be spoken are not the words wherewith I am charged and so under favour I conceive cannot be brought to my prejudice as to this Tryal and they are words that are denied by me For my words concerning their Charters your Lordships remember very well I doubt not wherefore I said they were void For their misuse of them and that I told them so not with the intent to overthrow their Patents or Charters but to make them more conformable to those things that the State thought fit for encrease of Religion and Trade and encouraging and bringing English into that Town And that it was meant so and no otherwise Whatsoever was said it appeares by this their Charters were never touched nor infringed nor medled withal by me during the time I was in that Kingdom so that words so spoken and to such a purpose that they should go to prove such a Conclusion I conceive there is great difference betwixt those Premises and that Conclusion The next Charge for words in Ireland is in the Fourth Article where I am Charged to have said That I would neither have Law nor Lawyers Dispute or Question my Orders and that I would make the Earl of Cork and all Ireland know that as long as I had the Government there any Act of State should be as binding to the Subjects of that Kingdom as an Act of Parliament My Lords I humbly beseech your Lordships to give me leave to say for my self that these words of the Charge are onely Sworn by my Lord of Corke and no man else and his Lordship appeared a little mistaken the other day in one point on the Reading of an Order of the Council-Board for so it appears as I conceive so that for one single Witness and he the Party Aggrieved by these words to be the Man that must convince me I conceive your Lordships will not think that to stand with the ordinary Rules of proceeding For the rest to say Acts of State in Ireland should be Binding so long as they are not contrary to Law I confess I then conceived it had been no Offence for I thought them to be as binding being not contrary to Law but the Elder we grow the wiser we may grow if God give us the Grace and Attentions and so I trust I shall by these Gentlemen that have taught me to forbear those kind of Speeches hereafter My Lords These are all the Words charged against me for Ireland saving onely some things that I shall come to anon that is Charged upon me in one of the latter Articles concerning Scotland I say my Lords these are all the Words that have slipped from me in Seven years time having been well watched and observed as your Lordships may perswade your selves I have been But in Seven years time I say these are all the words brought to my Charge and in truth I conceive a wiser Man than my self might be forgiven for one Error or slip of his Tongue of that Nature in a years time seeing it is in
doth cease nay he says that in War Inter Arma silent Leges Now my Lords these are as highly said as any thing you have heard by me and yet certainly is no subverting of the Fundamental Laws for all that and therefore if a man must be judged he must not be judged by pieces but by all together My Lords Whatsoever I said at Council-Board was led in by this Case what a King should do in case of a Foreign Invasion of an Enemy when the ordinary wayes and means of levying Money would not come in seasonably to prevent mischief for what a King may do in case of absolute necessity certainly in these cases the ordinary Rules do not take place as this was the Case that let in the Discourse so I most humbly beseech your Lordships for it is fully proved to remember what was the conclusion of that Discourse which was That after the present occasion provided for the King was obliged in Honor and Justice to vindicate and free the Liberty of the Subject from all prejudice and harm it might sustain in that extraordinary occasion and that this was to be done by a Parliament and no other way but a Parliament and the King and his People could never be happy till the Prerogative of the Crown and the Liberty of the Subject were so bounded and known that they might goe hand in hand together mutually to the assistance of one another My Lords give me that which precedes and that which follows both being proved to be the Case in these words in the Charge I think considering these two I should be far from having committed any great crime or offence in saying these words But I say as I said before I shall be more wary for the time hereafter if it please God to give me that Grace and Life which I submit to him and shall readily and willingly resign to his good Will and Pleasure I conceive therefore that as these words are accompanied they be not words that do amount to Treason and are so qualifyed and so weakly proved that I trust they shall not stick with your Lordships The next words that I am charged withal in England be on the 25th Article and that is that I should say that the Aldermen that would not give in the names of the able men of the City deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up In the first part of the Article there is something concerning my advice for raising the Money but it is not proved that I did any thing therein but as others did and as in former years had been done before my coming into the Kingdom For the words that they deserved Fine and Ransome I confess them in my Answer just in the same manner as my Lord of Berkshire was pleased to testify them the other day that is That if they should not do the thing desired they might in my opinion be liable to Fine and Ransome And my Lords admit I were mistaken in my opinion shall it be a Treason to be mistaken I say in my opinion they might be lyable to Fine and Ransome but what is this to Treason Under favour nothing at all as I conceive For the other part that it would never be well till some of the Aldermen be hanged it proves to be testified by Mr. Alderman Garroway and he owns it only for himself for it was not that some of the Aldermen should be hanged but he said at the Bar till he himself were hanged My Lords This is a single Testimony and these words as he says were by me spoken to the King at the Council-Board That it would never be well till some of them were hanged meaning himself truly my Lords I thank God I never spake such unmannerly Language all the dayes of my life I have had more regard to my words than to say such things to my Master and your Lordships must needs be many of you by and I am very confident there is not one among you that can remember any such words were spoke for in good faith I did not speak them And my Lords before this misfortune did befall me I should with modesty have thought my self a person on equal terms to have been believed as well as Mr. Garraway and I speak it with as great confidence as he that I never spake the words My Lords The next is the 26th Article and that is that I should say the City of London dealt undutifully with the King and they were more ready to help the Rebels than to help His Majesty and if any hurt came to them they might thank themselves My Lords I am in the first part of this Article charged to have counselled and approved two dangerous and wicked Projects the one concerning the stay of the Bullion in the Tower the other concernin Copper-coyn and no proof hath been offered that I either compelled or approved either of those two Projects And my Lords it is proved to your Lordships that when the Merchants came I told them I knew nothing of the business as to the Bullion neither indeed did I ever know there was any Bullion nor any thing of that nature in the Tower But for the words I conceive it had been no Treason for me to think at that time that the Londoners had dealt unthankfully with His Majesty I thought I might have said it freely without danger of such a thought as might conduce to the convicting me of Treason But whatsoever I then thought or on what grounds soever it may be remembred that then I alledged and now I speak it when news was brought to York that the City had sent the King Two hundred thousand pounds I took notice that notwithstanding all I had thought formerly they nad now made such recompence and so cleared their Faith and Duty to the King that I should be their servant and lay my hand under their feet as those that heard me are able to speak for though at first I said they had dealt unthanfully with the King yet afterwards I was ready and willing upon all occasions to testify the contrary of them and to profess that I was ready to serve them upon all occasions just and honest and honourable As for my saying that they were readier to help the Rebels than the King In truth I am a man that cannot justify a thing I do not approve I must needs say it was an unadvised Speech and I wish I had not spoke it it seems I did speak it for I have reason to believe honest men when they Swear though in truth I remember it not but I have no reason or cause to think they would take an Oath otherwise then truth I have no exception to the Men and therefore upon their words I must Credit them before my own memory but it
the Subject but then he goes into Ireland and as his authority increases so he ampliates his design and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principal City of Ireland presented the Mayor upon a solemn Speech and Discourse concerning the Laws and Liberties as your Lordships know that is the subject matter of a Speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordship observe the words he then used They were a conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the Kings pleasure I am to seek if I were to express an Arbitrary Power and Tyrannical Government how to express it in finer words and more significant terms than these That the people shall be governed at the Kings Will that their Charters the sinews and ligatures of their Liberties Lands and Estates should be nothing worth and bind no longer than the Kings pleasure especially being spoken upon such an occasion and the words proved by two or three Witnesses of credit and quality From thence we descend to Articles that shew the execution of his purpose There are three things a man enjoys by the protection of the Law that is his Life his Liberty and his Estate And now my Lords observe how he invades and exercises a Tyrannical Jurisdiction and Arbitrary Government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peer of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoeve he pretends himself not to be a Judge in the cause yet how far he was an Abettor and Procurer and Countenancer and drawer on of that Sentence your Lordships very well remember he was sentenced to death without Law for speaking words at a private Table God knows of no manner of consequence in the world concerning the treading upon my Lord of Strafford ' s Toe the Sentence procured seven months after the words spoken and contrary to Law and himself being put in mind of it my Lord Mountnorris desiring to have the benefit of the Law and yet he refusing it And then it was in time of Peace when all the Courts of Justice were open and to sentence a man to death of that quality my Lord of Strafford himself being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends His Authority by a Letter from His Majesty I shall in due time give a full answer to that so that it shall rise up in judgement against him to aggravate his offence and that in a great measure Here he exercises a Power over Life his excuse was That he procured a Pardon from my Lord Mountnorris but the Power was exercised and the Tyranny appeared to be the more He would first sentence him to death and then rejoyce in his Power that he might say There remains no more but my command to the Provost Marshal to do execution To exercise a power over his life and to abuse him afterwards is very high but no thanks to him that the sentence of death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in this thoughts that he might hang the Kings Subjects when he would and then get a Pardon of course for it The Lord bless me from his jurisdiction My Lords give me leave to goe back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee divolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's inheritance and that which he ought to enjoy he tels him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was in my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord Deputy my Lord Deputy himself judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a mans private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article we produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgement against him but I had not mentioned it now if he had not mentioned it
S r THOMAS WENTWORTH Kt. EARLE of STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhowse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of y e Councill established in y e North parts of England L d Lievtenant of y e County City of York one of his Ma ty most hon ble Privy Councill and Knight of y e most Noble order of the Garter THE TRYAL OF Thomas Earl of Strafford Lord Lieutenant of IRELAND Upon an Impeachment of High Treason BY The COMMONS then Assembled in PARLIAMENT In the Name of THEMSELVES and of All the Commons in England Begun in Westminster-Hall the 22 th of March 1640. And Continued before Judgment was Given until the 10 th of May 1641. Shewing the Form of PARLIAMENTARY Proceedings In an IMPEACHMENT of TREASON To which is Added A short Account of some other MATTERS of FACT Transacted in Both Houses of PARLIAMENT Precedent Concomitant and Subsequent to the said TRYAL With some Special Arguments in LAW Relating to a BILL of ATTAINDER Faithfully Collected and Impartially Published Without Observation or Reflection By IOHN RUSHWORTH of Lincolnes-Inn Esq LONDON Printed for John Wright at the Crown on Ludgate-Hill and Richard Chiswell at the Rose and Crown in St. Pauls Church-Yard 1680. To the Right HONOURABLE GEORGE EARL OF HALIFAX One of His Majesties most Honourable PRIVY COUNCIL My LORD NO Man I believe understands better than your Lordship the Interest and Concern that Posterity hath in a true account of all matters of moment that were transacted by their Ancestors and I know none in whose Devotion to the service of the King and Kingdom I could so confide as in your Lordships to Patronize this plain and full Relation of the proceedings in Parliament in the Case of the greatest Minister of State in his time I some times doubted that the Dedication of these Papers to your Lordship might be improper because of your Lordships Descent from the Sister of that great Personage whose unhappy Fate is here related But having well considered that Honor Truth and Justice have the Supreme Empire in your truly Noble Soul and that a full and clear Narrative of all the Matters of Fact that occurred in this great Affairs with the Intentions and Constructions of them as declared from the mouth of your Noble Ancestor himself is the fairest and justest way to represent him truly to future Ages I conceived it not unfit for your Lordship to favour this true Account of him which may protect his Name from the injuries both of Ignorance and Malice I ought not neither can I flatter your Lordship you are too well known to need any thing that can be said by me of your Worth and true Nobleness and the Character of this your Ancestor is best to be collected from the following Papers His Letters published by me in the Second Part of my Historical Collections and his Behaviour in this solemn Tryal here published discovers the greatness of his Parts the quickness of his Apprehension the excellence of his Wit and Eloquence the contempt he had of Death and the serene Composure of his mind in that Part of his Life which falls within this History I should not have dared to present this Work to your Lordship so nearly related to this eminent Minister of State if I had not been a Witnesse to all the steps of the proceedings in this great Action and if I had not taken in Characters as well and truly all that was said for him as what his Accusers said against him and therefore I can with great assurance aver it to be a candid Representation of Matter of Fact which is all I pretend to publish to the World andas far as the exactest care could carry me I have done it so punctually true that I am hopeful there is none can have any just Exception to any part of it My Lord There is none alive can judge of a Work of this nature better than your self who as you are descended from a Race of Statesmen being Nephew and Grandson to the Two chief Ministers of the last age this Great Earl and the Wise and Fortunate Lord Keeper Coventry so are you lookt on by all as a Person born for the Service of the KING and the publique good of your Countrey And as I have always had a constant Experience of your Goodness and Indulgence to my self so I humbly hope your Lordship will favourably construe my intentions in this Dedication and accept of it as a tribute of Duty and Acknowledgement humbly offered by May it please your Lordship Your Lordships most Humble Most Faithful and Most obliged Servant JO. RUSHWORTH March 25. 1680. THE PREFACE I Cannot think that there wants an Apology for publishing the ensuing Papers although the Press seems over-charged The Trial of Thomas Earl of Strafford was and is some way or other the Concern of every Man of England and the Commissioners of Scotland and Ireland thought those Kingdoms also Sufferers by his Deportment and joyned in the Prosecution against him All the Commons of England by their Deputies in Parliament were his Accusers and the Impeachment against him was in their Names The Matter of his Charge had Reference to every English Man and all their Posterities He was accused of designing to destroy the security of every of their Estates Liberties and Lifes and to reduce them all to be subject to meer Will and Pleasure It may therefore be said in the Maxim of our Government not much varying the sense Quod Omnes tangit ab omnibus tractari debet Every man ought doubtless to know his own Case to understand whether that Great Man was justly accused of such a hainous Crime and whether the Kingdom escaped such a fatal blow as was then alledged by his exemplary Fall under the Iudgement of the King and Parliament For this purpose I expose to the common view the whole Proceedings of his Trial being the most solemn deliberate and every way the greatest Tryal whereof we have any Account in our English Story The Preparations for his Tryal were made with an unusual solemnity and were the Results of the Prudence of many selected Lords and Commons as a Committee of both Houses The usual places for Administring Iustice and Tryals of Offenders were thought too mean upon so great an occasion and therefore Scaffolds were erected in Westminster-Hall fit to receive so great an Assembly as were to attend his Trial. His Majesty had a Closet provided for him the Queen and Prince near the place where the House of Peers sate and was every day at the Tryal of the said Earl and might hear what was said and see what Witnesses were produced and take a full view of the greatness of the Assembly and yet remain privately in His Closet unseen Seats were prepared for the Lord High Steward and all the House of Lords who sate as his Iudges Woolsacks
justifie the Justice and Legality of the Bill of Attainder Mr. Pym Mr. Stroud Sir Thomas Barrington Mr. Hollis and Sir Io. Hotham are to prepare Heads for this Conference and to manage it Mr. Pierepoint Reports the Conference had with the Lords touching the matter of Law in the Case of the Earl of Strafford My Lord Privy-Seal said That the intention of their House was to have proceeded in the former way to have heard the Council upon the legal part but since it is your desire to have a Committee of both Houses to meet at the time and place before appointed the day being now far spent and finding something of moment to be considered of their Lordships will send an Answer by Messengers of their own in time convenient and therefore shall not meet on Saturday in Westminster-Hall but will sit on Saturday in their own House Friday April 23th 1641. Post Merid. Exceptions were taken by divers Members of the House to the Lord Digby for many Passages in a Speech of his delivered at the passing of the Bill of Attainder of the Earl of Strafford The Lord Digby rose up and in his place explained himself touching those several Passages and there was no more done thereupon at this time Saturday April 24th 1641. Post Merid. Two Petitions from divers of the Citizens of London were this day read 1. To the House of Commons 2. To the Honourable Assembly of the Lords and Commons as followeth To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great Sums of Money to use to call it in and remit much of it by Exchange into Forreign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these Parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English-Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and Imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offendors remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet Reformed and the Earl of Strafford who as now appears hath Counselled the Plundering of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be Practices now in hand to hinder the Birth of your great Endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing therefrom and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their said Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. Subscribed to the Petition 20000 all Men of good Rank and Quality After the Petition was Read and Considered The Lord Russel goes up to the Lords with this Message to desire a Conference by a Committee of both Houses concerning a Petition from the City of London directed to both Houses of Parliament Mr. Glyn is Ordered to manage this Conference and Mr. Hill to assist him and to deliver the Petition from the Citizens of London at this Conference and thence to take occasion of representing the Desires of this House likewise for the Expediting of the Bill of Attainder of the Earl of Strafford Monday April 26th 1641. Post Merid. A Message from the Lords by Judge Reeves and Judge Heath That they are ready for a Conference by a Committee of both Houses to the Petition presented from London for which this House sent a Message on Saturday last Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired According to an Order on Saturday last Mr. Glyn and Mr. Hill went up to manage this Conference and Sir Walter Earle is Ordered to manage Mr. Pym's part in respect of his absence at this time Tuesday April 27th 1641. Post Merid. A Message from the Lords by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall and there to hear this House according to their own offer when they brought up the Bill of Attainder of the Earl of Strafford
Twelfth Year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot armed in War-like manner and in War-like array with Force and Arms to expel Richard Butler from the Possession of the Mannor of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in the War-like manner expel divers of His Majesties Subjects from their Houses Families and Possessions as namely Edward O Brenman Owen Oberman John Brenman Patrick Oberman Sir Cyprian Horsefield and divers others to the number of about an hundred Families and took and imprisoned them and their wives and carried them Prisoners to Dublin and there detained until they did yield up surrender or release their respective Estates and Rights And the said Earl in like War-like manner hath during his Government of the said Kingdom of Ireland subdued divers others of His Majesties Subjects there to his will and thereby and by the means aforesaid hath levied War within the said Realm against His Majesty and His Liege-people of that Kingdom XVI That the Earl of Strafford the Two and twentieth of February in the Seventh Year of His Majesties Reign intending to Oppress the said Subjects of Ireland did make a Proposition and obtained from His Majesty an Allowance thereof That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such Usurped tyrannical and exorbitant Power expressed in the former Articles Destroyed and Oppressed the Péers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said Power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said Power And to prevent the Subjects of that Realm of all means of Complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties Service or attending in England by His special Command to make their personal residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking relief against the Oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous waies as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl XVII That the said Earl having by such means as aforesaid subverted the Government and Laws of the Kingdom of Ireland did in March in the Sixteenth Year of His Majesties Reign in scandal of His Majesties Government of all His Kingdoms and in further Execution of his wicked Purposes aforesaid speaking of the Army in Ireland declare That His Majesty was so well pleased with the Army of Ireland and the consequences thereof that His Majesty would certainly make the same a Pattern for all His Three Kingdoms XVIII That the said Earl of Strafford for the better effecting of his traiterous Designs and wicked Purposes did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of his Government in Ireland he restored divers Fryeries and masse-Masse-Houses which had béen formerly suppressed by the precedent Deputies of that Kingdom two of which Houses are in the City of Dublin and had been assigned to the use of the University there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the month of May and June last the said Earl did raise an Army in the said Realm consisting of 8000 Foot all of which except one or thereabouts were Papists and the said One thousand were drawn out of the old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earl And the more to engage and tie the said new Army of Papists to himself and to encourage them and to discourage and weary out the said old Army the said Earl did so provide That the said new Army of Papists were duly paid and had all Necessaries provided for them and permitted the Exercise of their Religion but the said old Army were for the space of one whole Year and upwards unpaid And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England for Compounding with Recusants for their Forfeitures due to His Majesty which Commission beareth date the Eighth day of July in the Fifth Year of His Majesties Reign that now is and being also Receiver of the Composition-money thereby arising and of other Debts Duties and Penalties by reason of Recusancy within the said Counties for His Majesties Use by Letters Patents dated the Ninth day of the same July He to engage the said Recusants to him did Compound with them at low and under Rates and provided that they should be discharged of all Procéedings against them in all His Majesties Courts both Temporal and Ecclesiastical in manifest breach of and contrary to the Laws and Statutes of this Realm in that behalf Established XIX That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command he the said Earl in May the Fifteenth Year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any His Majesties Royal Commands but submit himself in all due obedience thereunto Which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath against their wills and of such as refused to take the said Oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the Tenth of October Anno Dom. 1639. he fined Henry Steward and his wife who refused to take the said Oath 5000 l. a piece and their two Daughters and James Gray 3000 l. a
by hear-say he was a Member of the House when I had the Honour to serve I heard the expression of Sir George Ratcliffe at that time And the common voice was that he was under restraint but I saw him not Being asked whether there was any other occasion of these words but his said Vote He answered Truly My Lords I can apprehend none 4. Being asked whether he heard Sir George Ratcliffe threaten Sir Pierce Crosby in Parliament He answered I heard Sir Pierce Crosby speaking against a Bill in Parliament and as soon as he had sate down from speaking against the Bill Sir George Ratcliffe said to him That is not Privy-Councellor like or to that purpose I heard him To the point of Sir Pierce Crosbies being sequestred from the Council upon his speaking in Parliament The Lord Ranulagh being sworn was interrogated whether about the 10th year of the King he knew Exception to be taken against Sir Pierce Crosby for delivering his Opinion in Parliament and what proceedings were against him thereupon He answered My Lords to the best of my remembrance Sir Pierce Crosby being a Privy-Councellor in Ireland was charged at the Council-Board for Voting against a Bill that was transmitted by the Lord Deputy and Council and hereupon the Opinion of the Board was asked and by the advice of that Board Sir Pierce Crosby was sequestred from the Council This is as much as I can remember 2. Being asked by whom he was sequestred He answered By the Deputy and the Council 3. Being asked who began the Question He answered My Lord Deputy charged him My Lords I humbly desire that my Lord Ranulagh may be asked whether when things are handled at the Council-Table the Deputy be not the man that propounds them to the Council or no not as a party complaining but as belonging to the duty of his place And how he behaved himself in that business To which the Lord Ranulagh being interrogated Answered It is the constant course for the Deputy to propose the things that be brought to the Board and seldom doth any of the Council propound any thing but the Proposition comes from the Deputy But being further asked on the Committees motion whether this of Sir Pierce Crosbies came to the Board by motion of my Lord alone or that any other moved him in it or conveyed it to him He answered I cannot charge my memory where it had beginning but as I remember My Lord Deputy Wandesford that died last and Mr. Wandsford and Sir George Ratcliffe were movers of it but whether it moved originally from them or from my Lord himself I know not I rather believe it proceeded from my Lord Deputy as being proper for him The Lord Mountnorris sworn and interrogated whether he was present at Council-Table when Sir Pierce Crosby was sequestred from Council-Table and for what Reasons he was sequestred He answers I was then present at Board and he was removed on Complaint made by Sir George Ratcliffe at the Board touching his Voting of a Bill in Parliament And when he said it was not spoken like a Councellor he said he would answer it to him that made him a Councellor That was the effect as I can remember of his Accusation and there were several others that testified the same words that Sir George Ratcliffe accused him of and that was the reason he was sequestred by most Voices at Council-Table though he had many Votes with him And being further asked what my Lord of Straffords Vote was He answered It was for his Sequestration Mr. Nicholas Barnewell sworn Being asked whether for his delivering his Opinion in Parliament Sir George Ratcliffe did ask whether the said Mr. Barnewell's house was capacious to receive 500 men to be laid upon him intimating thereby that he must look for Soldiers to be laid upon him for that reason He answered There was a Debate in the House concerning certain Boroughs sequestred from the House by reason of a Judgment in the Exchequer which the House conceived an Erronious Judgment and were of Opinion that the old Boroughs should be called in I was of that Opinion Sir George Ratcliffe was of another Opinion and would have another question debated And coming out of the House he asked me Will not your House hold Five hundred men I answered you know what my house will hold as well as my self and I smiling at it he answered But it is no laughing matter you shall have 500 men laid on you I desire it may be asked when this was spoken He answered It was in November last and that my Lord of Strafford was not then in the Kingdom Mr. Pym observed That the Spirit of my Lord of Strafford could move in Sir George Ratcliffe wheresoever it was spoken And Mr. Barnewell added it was done in November then last In the next place We shall shew the untruth of that part of my Lord of Straffords Preamble that says The Soldiers in Ireland are disposed with so much contentment to the People that they are no burden to them Mr. Egor was called for a Witness and Sworn Being interrogated whether he knew of any Soldiers Billetted in Dublin whether they were not a Grievance whether that City hath not a special Charter of Exemption He answered May it please Your Lordships the City of Dublin doth bear the Charge of 40 Horse and pays to them 45 l. a month for Billetting which is conceived they should not bear in regard they have a Charter that says Nullus Mareschallus Capiat hospitium intra Civitatem and therefore they conceive it a heavy burden and it is as much as a Subsidy And another part of the City standing in another County pays 10 l. a month so they pay in all 55 l. a month I humbly desire he may be asked whether before my Lord of Straffords time and as long as he can remember The Lord-Deputies Foot-guard and Horse-Companies were not Billetted in Dublin He answered To the Foot-guard when my Lord of Faulkland was there they gave Lodging continually but it was never drawn to matter of money And till now we had never Horse upon us except it were for a month or so In the next place We humbly desire the Remonstrance of the Nobility and the House of Commons in Ireland might be read as Testimonies of my Lord of Straffords Justice I desire to know whether questions are to be asked of matters not contained in the Charge as the Remonstrance is not My Lords The Subverting of the Laws and Corruption in Government and Justice is generally laid in the Charge and he hath answered that he hath administred Justice with Integrity And this we produce to shew That the frontespiece of his Answer is in that part untrue To prove the Truth of the Copy of the Lords Remonstrance now produced the Lord Digby of Ireland was Sworn and he on his Oath said That the Copy
late he hath heard of more Being Asked Whether another had not a Warrant to the same purpose and How many he had laid He Answered He never saw the VVarrant but he hath heard he hath by Vertue of such a VVarrant laid Soldiers but he knows not how many he not looking to the actions of others but his own and he wished it had all layen in his power still and he had done well enough Patrick Gough being Asked Whether he had seen such a Warrant under the Hand and Seal of my Lord of Strafford whereby the Soldiers were Assessed and under whose Hand He Answered He had seen a VVarrant Signed by my Lord VVentworth on the top and a Seal to it directed to the Sergeant Savill to the same purpose that an Affidavit made to him of the absence of the Contemptor of the first VVarrant he might lay Soldiers on the Land And that he made search for it and saw it in Secretary Littles Book but it was long agoe Being Asked What he knew of the Execution of this VVarrant Upon whom How many and Upon what Occasion He Answered It was a constant course on a Command and Affidavit made of serving a VVarrant to the Pursivant on the Parties failing an Attachment was granted to the Sergeant and a Dormant VVarrant that on his not finding him he might lay Soldiers on the Land This was constantly practised during my Lords Government as he obsered And particularly upon one Richard Butler in the County of Typerary last Summer And no other cause could he learn or know but not giving obedience to my Lord of Straffords Orders The Original Contempt Being Interrogated What Insolencies he had known committed by Soldiers in this Case He Answered That he had heard Soldiers were left on one Bernes Land and they took other Mens Cattel that Grazed on the Lands and killed them and burnt part of the House as he was told and broke up the Hutches where he had his Corn and sent it to the next Market-Town to buy Beer for them Being Asked on my Lord of Straffords Motion Whether in his VVarrant any Command was given to take other Mens Goods He Answered He believed no such word was exprest in the VVarrant Being Asked Whether there was not Authority to lay Soldiers and What was meant by laying of Soldiers He Answered The VVarrant Imports That on their Default or Absence the Sergeant at Armes may lay Soldiers on the Land there to lye to feed on the Contemptors Goods and live there till he surrender his Body to the Sergeant at Armes Then the Sergeant gives notice to the Soldiers that the Party is come in and they go to their Garrison Richard Welsh Sworn Being Interrogated Whether he had seen a Warrant under my Lord of Straffords Hand for laying of Soldiers He Answered That he had seen my Lord Deputies Hand Signed if it was his Hand Wentworth as he had seen it to many Orders being very well acquainted with his Hand That he had seen his Hand to such a Warrant that the Man that showed him the VVarrant was one of my Lord Deputies Troopers by name Patrick Brady who told him he was going to fetch Soldiers by direction of Sergeant Savill to lay on one Francis Dillon who was in Contempt at this Bradyes own Suite That the occasion he showed him it was That Brady was Indebted to him the Deponent and he the Deponent intending to Petition my Lord against him Brady desired him to forbear it for he had a good way to get Money and shewed him the Warrant he the Deponent saw it under my Lord Deputies Hand and Seal Being Asked What was the Suit He said The Suit was on a Paper-Petition for as he remembers 100 l. and so Dillon falling into Contempt a Warrant was issued to the Pursivant and so according to the practice the Soldiers were laid on him Being Asked What was the effect of the Warrant under my Lord Deputies Hand He Answered That the effect of the Warrant was That the Sergeant at Armes should bring upon the Delinquents such as was incontempt out of the next Garrison Soldiers with an Officer and lay them on the Delinquents Lands till he had rendered his Body Patrick Cleare Sworn was Interrogated What Execution he knew of my Lord of Straffords Warrant to lay Soldiers He Answered That he had seen no Execution done but he had a Letter sent out of the Countrey by a Gentlewomans Son and she desired him the Deponent to Petition To have Soldiers that were laid on her Land discharged it being onely for a Contempt in not Appearing That he got a Copy of the Petition her Name being Agnes White and therein she Petition'd my Lord of Strafford to have them discharged and said she was very old and would die if she submitted her self to any Sergeant at Armes The Order was That upon an Affidavit he would give other Direction The Son made Affidavit that she was 80 years old On that an Order was made requiring Sergeant Savill to take off the Soldiers and trouble her no more she paying him his Fees And he knew further That Sergeant Pigott having an Attachment against Iohn Barrow who was gone away by reason of certain Cruelties sent after him by Secretary Little who threatned to put Soldiers on him if he came not to compound with him for his Fees Being Asked How far the old woman lived from Dublin He Answered In the County of Kilkenny 40 or 50 Miles from Dublin and this was four years ago Being Interrogated What the Contempt was He Answered That the Petitioner said He was dammaged 500 l. by not performing Covenants so she was commanded to pay 500 l. or else to shew cause to the contrary She was an old woman alwayes on her Bed and did not appear not knowing what belonged to Law Affidavit being made That she appeared not nor gave satisfaction an Attachment issued to the Pursivant The Pursivant could not find her on Affidavit The Sergeant at Armes goes for her and not finding her the first or second time he layes Soldiers on her And there they remained eating and drinking three or four weeks till he got them discharged And he heard by the Sergeant at Armes that this was very usually and ordinarily done Being Asked If Pigott had such a Warrant He Answered He did not see the Warrant but Pigott himself said He would lay Soldiers on Barrow if he did not submit and pay Fees Nicholas Ardah Sworn Being required to deliver what he knew concerning laying of Soldiers in case of Paper-Petitions He Answered That he had heard of many but never saw any but one which was in the City of Dublin One Tho. Cusacke of Dublin was seized by Sergeant Savill with Corporal Hamond and some others of my Lord Lieutenants Troops for not obeying an Order within these two years and a half That he saw the Horse and the Pistols at their Sadles there were two or
give him the respit of a day to restore his litle strength it shall please God to lend him for he is not able to speak or stand Which the Committee for the Commons House said they should not oppose if it stand with their Lordships pleasure Mr. Pym did only add this That if their Lordships please to observe my Lord of Straffords endeavours to prove divers mitigations of his words some by Mr. Comptroller and some others by my Lord Goring But their Lordships may observe that the words in the Charge were spoken at the Committee the words spoken of by Mr. Comptroller were at the Council-Table and therefore they are not the same nor serve they for extenuation of words spoken at another time And so the House was Adjourned and appointed to meet again on Wednesday next THE Five and Twentieth Article The Charge 25 THat not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-Money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-Money divers of which were threatened by him to be sued in the Star-Chamber and afterwards by his Advice they were sued in the Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great Loan of One hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his Advice to the Council-Table to give an account of their proceedings in raising of Ship-Money and furthering of that Loan and were required to certify the Names of such Inhabitants of the City as were fit to lend which they with much humility refusing to doe he the said Earl of Strafford did use these and the like speeches viz. That they deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and that they were laid by the heels and some of the Aldermen hanged up April 7. 1641. Mr. Maynard proceeded to make good the Charge of the Commons of England against the Earl of Strafford touching High Treason and said They had already brought it so high as they must needs acknowledge they cannot goe higher a Design being laid to introduce an Arbitrary Government and Counsels given to maintain that and to introduce it by force They can goe no higher unless those Counsels had unhappily succeeded but though those Counsels take not effect yet the Principles whereby those Counsels were given appear still to have remained AND whereas my Lord of Strafford having these things proved against him by his Speeches Opinions and Counsels pretends there was no such thing done as if the goodness of others would excuse the badness of his Counsels they shall shew what he did do in the succeeding Articles And in the 25 th he proceeds First to advise His Majesty to go on vigorously with the Ship-Money he procured the Sheriffs to be sent for and sued in the Star-Chamber he sent for the Mayor and Aldermen about the loan of 100000 l. and the furtherance of Ship-money and were told by him That they deserved to be put to Fine and Ransome c. To prove the 25 th Article The Lord Treasurer of England being Interrogated What Advice my Lord of Strafford gave touching the levying of Ship-Money His Lordship Answered That he remembers my Lord of Strafford did advise that they should go vigorously and effectually on with the getting of Ship-Money he takes the time to be when as the Ship-Money came in very slowly and they were enforced to take out of these Moneys that were provided for the furnishing of the Army divers great sums to set out a Fleet which else would have staied still and my Lord of Strafford took no tice That if it were not repaied the Army would be destitute and unfurnished and therefore advised as formerly That the Ship-Money might go on vigorously and the other Money be repaid again for the use for which it was appointed and it was after the breach of the last Parliament Tho. Wiseman Sworn and Interrogated what he heard my Lord of Strafford say when the Aldermen of London were called to the Council-Table about the Ship-Money and the Loan and when it was He Answered That for the time he cannot very well remember and touching the Loan he is able to say little But about the Ship-Money he doth well Remember that my Lord should say they would never do their Duties well till they were put to Fine and Ransome meaning the Aldermen that were then called before their Lordships and this is as much as he can say Being asked whether there were not words of laying by the heels and what the words were He Answered He should not fear to do it My Lord of Strafford did say Whether on the Loan or Ship-Money he is not able to remember You should doe well to be layed by the heels you shall have no good of this man till he be laid by the heels and he the Examinant supposes it was meant of my Lord Mayor who was then present as he remembers and my Lord was there and to his best remembrance His Majesty was present Earl of Barkshire being Sworn and Interrogated What my Lord of Strafford counselled the King touching the said matter of Loan His Lordship Answered That he remembers His Majesty desired to borrow a sum of Money and to give good security for it and Interest after 8 per cent on the sum That the Aldermen were sent for and commanded to give in to the King the Names of those Men that were most able within their several Wards which they excusing themselves from doing my Lord of Strafford said Gentlemen in my opinion you may be lyable to Fine and Ransome for refusing the Kings Command on this occasion for not certifying the Names and this is the effect of what he spake Sir Henry Garaway being Sworn and Interrogated What my Lord of Strafford said to the Aldermen about the Ship-Money and Loan-Money He Answered That as he was Mayor of London in the last year he was oftentimes commanded to attend the Council-Table with the Sheriffs of London when they came about the Ship-Money there came no body as he conceives but they and himself but when they came concerning the Loan the whole Court of Aldermen came together Concerning the Ship-Money he confesses he found a great difficulty of it he could not tell which way to turn himself to levy the Money to give the King satisfaction He acquainted His Majesty That there were these difficulties in it That of two years proceeding not one halfe of the City of London had paid and therefore the willing men that had paid
which my Lord Mayor sayes that he the Earl of Strafford should say to His Majesty Sir there will be no good done with the Citizens of London till you have hanged some of them up which at first he said was to his best remembrance and upon recollection he says directly and absolutely for my Lord said he must not make it weaker against himself than it is and he wishes that rule might be kept on both sides which is to repeat the Evidence to their Lordships clearly and plainly as it is which duty he said he had Religiously observed since the beginning of the Cause and will perform to the last not misrecyting any thing for his advantage or disadvantage This being howsoever his comfort and joy that their Lordships are so wise as not to hearken to what is repeated of the Evidence but to the Evidence it self as it is plainly and clearly represented and that will not deceive them and therefore my Lord said to the best of his remembrance and the Witnesses said no more at the first he spake them not but he thinks they were spoken in so good company before their Lordships of the Council-Board that it cannot but be remembred by some of their Lordships if the words had been spoken and by His Majesty to whom it is said they were directed But being an equal Testimony however in this condition and misfortune and affliction it may be between this Gentleman and himself he thinks that before these troubles befell him he was as equally to be believed as the other and therefore all the difference is one sayes it the other denies it My Lord added That he denyed it in his Answer and he denies it at the Bar and in truth to his best remembrance he never spake the words and it is a thing of no great moment being a hasty word and at the most very excusable especially to a free spoken man as he is and he smarts for it which hath further engaged him perhaps than wiser man would have been that hath much worse thoughts than ever he had but he hoped it will be pardoned and not amount to make good the Charge against him but that their Lordships Honor and Justice will excuse it rather than punish it and so his Lordship said he would say no more to it Mr. Maynard made Reply thereunto in substance as followeth The Committee shall need to to say little to this Answer of my Lord of Strafford for whereas he sayes nothing of High Treason is proved their Lordships will be pleased to remember how oft this hath been answered for if their Lordships will look back to what they have proved from the beginning They charge not this as a particular Treason but having charged him with a design to subvert the fundamental Laws it appears he threatened it That the Kings little finger should be heavier than the loins of the Law They have shewed what he did in Ireland how he did not only threaten but gave sentence of death on one for words how there he hanged another it appears what a Jurisdiction he erected against Law and wayes were taken to maintain them how Soldiers were forced on mens Houses against their Wills and what Insolency they committed and that must not be questioned when it is propounded When he comes into England their Lordships hear what Counsels he gives which compared with the Plots he laid there is reason to think that these words proceeding from my Lord of Strafford that men should be Fined and Ransomed Hanged up and laid by the Heels comes not out of suddain passion but rise from those Principles and Resolutions that were in him to do all things according to his Will and Pleasure against Law They beseech their Lordships these may not pass as hasty words when they appear to be suitable and conformable to Actions and Counsels preceding for many years and not yet laid down by him for ought can be discerned The singleness of the Testimony hath been often Objected and as often Answered but this is no single Testimony My Lord Treasure speaks of his Advice to go on vigorously with Ship-Money Others prove Fine and Ransome and Hanging up Threatened which have all concurred to the general Charge being several circumstances proved by several Witnesses But whereas my Lord thinks to excuse himself because there was a Judgement in the Exchequer-Chamber God be thanked it appears to be a Judgement against Law and my Lord of Strafford spake these words after the King offered to lay down the Ship-Money for it was after the Parliament But there was never any Judgement that a man might be hanged in such a case nor be Fined and Ransomed for not certifying in matter of Loan my Lord of Strafford knows as well as any man that it is against Law himself having had a great hand in the Petition of Right Mr. Glyn desired he might observe one thing that fell from my Lord of Strafford not at this time only but at several times That it is hard he should for words be questioned as High Treason being a word spoken and no ill effect of it their Lordships may be pleased to call to mind that for words spoken concerning Treading on his Toe he prosecuted so far as to life and yet they were spoken as accidentally as these and not of less consequence and nothing came of them and yet he procured a sentence of death against the Speaker but here he extenuates it and must not be charged with words And so the 25th Article was concluded THE Six and Twentieth Article The Charge 26. THat the said Earl by his wicked Counsels having brought His Majesty into excessive charge without any just cause he did in the month of July last for the support of the said great charges Counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coyn with the mixtures of Brass And accordingly he procured One hundred and 30000 l. which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London owners of the said Bullion and Money came to his House to let him under stand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such Moneys to serve their occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said
Money he told them that the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise Moneys by force was a point worthy of his Lordships Consideration MR. Maynard proceeded to open the 26th Article and observed That they had shewed formerly how my Lord of Strafford had laboured a Disaffection betwixt His Majesty and His People Now they come to shew That His Majesty being put to extreame Charges by the Advice of my Lord of Strafford my Lord adds his advice for seising Money in the Mint and for that of the base Coyn or Black Money And that when some attended my Lord of Strafford about it to shew to him the danger and ill consequence that might arise from it my Lord of Strafford tells them The City had dealt undutifully and unthankfully with His Majesty and were more ready to help the Rebels than His Majesty and they may thank themselves and it was the Course of other Princes to make use of such Monies And when the Master of the Mynts gave Reasons against it my Lord said The French King uses to send Commissaries to mens Shops and to look into the Accompts and Books of men to see and peruse their Estates that they might raise and levy it by force And turning to a Noble Lord by him he said That was a point worthy of his Lordships Consideration To prove the words spoken about seising the Money in the Mint Robert Edwards was Sworn and Examined What he heard my Lord of Strafford say when he attended him about the Money seized in the Mynt He Answered That he went to his Lordship about the danger that the Company of Merchant-Adventurers were in in regard their Estates were beyond Sea giving his Lordship to understand the danger in regard so much Money was taken out of the Tower being as he remembers on Saturday night They went on Monday morning and desired my Lord to speak to His Majesty that the money might be restored again that their Means might not be seized for some strangers had threatned they would signifie to their Principal how their Money was taken from them and would seek for a recompence again by the Means they had beyond Sea And my Lord made Answer again to him and diverse others that were there That if they fared amiss they might thank themselves for if they went on in that manner they were like to find it themselves and that they should have the damage of it if they did look to it no better And withal he said That though they think it is a strange business here yet beyond Sea it is not so but on Command men have their Goods taken This was the substance as he remembers of what he said to them Being Asked What my Lord of Strafford said touching the City of London He Answered That he said They did deal very unthankfully and undutifully for there was but 14000 l. for Ship-money that was His Majesties due and they denyed the payment of that and did more to maintain the Rebels than they did to maintain His Majesty Being bid repeat his words He said That they came at first to be humble Suitors to his Lordship to be a meanes to His Majesty that the Money taken from the Tower might be restored again for the Merchants Adventurers Estates beyond Sea were in great danger in regard there were some strangers threatned to write to their Principals to stay their Estates there for the Money stayed in the Tower Whereupon my Lord made Answer That if they did speed amiss they might thank themselves for they are more ready to hold with Rebels then they were to give His Majesty His due which was 14000 l. for Ship-money Being Asked on my Lord of Straffords motion Where he spake them and Whether he was not then Sick He Answered It was in his Chamber and my Lord did sit in his Chair and he the Examinant stood hard by him with four or five more and he conceives my Lord was sick at that time Being Asked on like motion Whether he did not tell them he was sick and could not go to the King at that time He Answered That he remembers not that my Lord said he could not go to the King but he said he knew nothing of it till that morning to his the Examinants remembrance Anthony Palmer Sworn and Interrogated What my Lord of Strafford said to him concerning the mixt Money He Answered That my Lord of Strafford had some Discourse with him and the rest of his fellow Officers concerning base Money and upon the Questioning of it they gave him their Reasons against it and the insufficiency of it to do any thing and said so much as they conceived my Lord was disswaded from going any further in it Upon this he afterwards shewed them a Letter drawn out of his Pocket which as he said was sent him out of France and in the French Tongue and because he the Examinant did not understand the French tongue he read it in English to this effect so far as the best of his memory will hold That the King of France or the French King had appointed certain Officers of his to go and take view of mens Books of Accompt and Estates by that means to see what they were worth and to know what the King might demand of them and if they were not willing to pay it there would be a force upon them to pay it This to the best of his Remembrance is that my Lord did deliver Being Asked Whether my Lord of Strafford did not speak words to this effect That if His Majesty should do so he should have the Examples of others or to that purpose He Answered Something he set forth to this effect but the very words he cannot express but it was to that purpose That he had received Letters that the King of France had sent Officers that took view of Mens Books and Accompts to raise to himself some Moneys if they were not willing by constraint and withal some other Speeches did fall from him to this purpose but the very words he cannot speak that it was an Example or might be an Example to do the like in England Being Asked on my Lord of Straffords motion Where this was spoken He Answered It was in my Lords own house in Leister-fields he thinks and there were present three more Sir William Parkhurst Mr. Gogan and himself and my Lord Cottington was also there Henry Gogan Sworn and Interrogated What he heard my Lord of Strafford say when he attended him about the abusing of the Coyn He Answered That after the Coyning of the Base Money was thought on there were Queries made
make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath Declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befall Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and Iustice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can doe besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD WEdnesday the 5th of May there happened to be a strange Hubbub in the City upon a false Alarm That the parliament-Parliament-House was beset and on fire and all their lives in danger which occasioned such running up and down in a confused manner to come to protect them that the like hath scarce been seen This Hubbub and Alarm happened upon this occasion Sir Walter Earl was making a Report to the House of some Plot and Design to blow up the House of Commons Whereupon some Members in the Gallery stood up the better to hear the Report and Mr. Moyle of Cornwal and Mr. Middleton of Sussex two persons of good bigness weighed down a board in the Gallery which gave so great a crack that some Members thought that it was a Plot indeed and Sir Iohn Wray speaking out he smelt Gunpowder hastening back out of the Gallery some Members and others in fear running out of the House frighted people in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members were slaine and the people running in a hurry through the Hall Sir Robert Mansel drew his Sword bid them stand for shame he saw no Enemy to hurt the Parliament nor heard no noise of the fall of the Parliament-House but some of them hastened by Water from Westminster and carryed the Alarm into London which occasioned so great a resort of People in multitudes to Westminster to save the Parliament and one Regiment of Trained-Bands Commanded by Colonel Manwaring upon beat of Drum were instantly Armed and marched as far as Covent-Garden beyond their Liberties to secure the Parliament but finding the Alarm false they returned again The same day the Commons passed the Bill for the continuance of the present Parliament and carried the same up to the Lords The House of Commons commanded all their Members to attend the House and not to depart the Town The next day the Committee appointed to joyn with the Lords for taking Examinations concerning the Plot did acquaint the House that 6 or 8 of the chief Conspirators were fled of which Mr. Henry Iermin and Mr. Henry Piercy Members of the House were two and that they were gone towards Portsmouth Upon which Report present Information came that the Queen was preparing to go to Portsmouth thereupon both Houses had a Conference and agreed to move Her Majesty to stay Her journey for the security of Her Person Her Majesty not knowing what danger she might be exposed to in those parts In the mean time One Lord and Two Commoners were dispatch'd to Portsmouth with private Instructions to propose certain Queries to the Governor there and to take further care for the security of the Place and Haven of such Importance and they took an Oath of Secresie as those Lords and Commons had done who were appointed to examine the Plot. His Majesty was desired by both Houses to issue out a Proclamation for the calling in Mr. Peircy and Mr. Iermin within a time limited which was accordingly granted And the Lords were desired by the Commons to hasten the Bill of Attainder of the Earl of Strafford To prevent further discontents in the Army this Letter was sent by Order to Sir Iacob Ashly and Sir Iohn Coniers to be communicated to the Army in the North. WHereas there hath been just cause of jealousie that there hath been some secret Attempt and Practises to infuse into the Army a mistake of this Parliament to some dangerous intent and purpose againk this State and that now the matter is grown to strong presumption upon further discoveries and by reason that some of those which were suspected to have been active therein are fled upon the first stirring thereof before ever they were once named It pleaseth this House to Declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed especially against the principal Actors therein this House hath resolved whereunto the House of Peers hath
any clear Law guilty of death that I never did bear any touch of Conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and Men as an act of so sinful frailty that it discovered more a fear of man than of God whose Name and Place on Earth no man is worthy to bear who will avoid inconveniencies of State by Acts of so high injustice as no publique convenience can expiate or compensate I see it a bad exchange to wound a mans own conscience thereby to salve State sores to calm the storms of popular discontents by stirring up a Tempest in a mans own bosom Nor hath Gods Justice failed in the event and sad consequences to shew the world the fallacy of that Maxim Better one man perish though unjustly than the people be displeased or destroyed For in all likelyhood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Straffords innoncency at least by denying to Sign that destructive Bill according to that justice which my Conscience suggested to me then I have done since I gratified some mens unthankful importunities with so cruel a favour and I have observed that those who counsell'd me to Sign that Bill have been so far from receiving the rewards of such ingratiatings with the people that no men have been harassed and crushed more than they he only hath been least vexed by them who counselled me not to consent against the Vote of my own Conscience I hope God hath forgiven me and them the sinful rashness of that business To which being in my Soul so fully conscious those Judgments God hath pleased to send upon me are so much the more welcome as a means I hope which his mercy hath sanctified so to me as to make me repent of that unjust Act for so it was to me and for the future to teach me that the best rule of policy is to preferr the doing of Justice before all enjoyments and the peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Straffords business Not that I resolved to have employed him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltlesness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Ld. of Straffords Greatness and Power yet unsatisfied of his Guilt in Law durst not condemn him to dye who for their integrity in their Votes were by posting their Names exposed to the popular Calumny Hatred and Fury which grew then so exorbitant in their clamors for Iustice That is to have both my Self and the Two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in shedding one mans Bloud unjustly though under the colour and formalities of Justice and pretences of avoiding publique mischiefs which may I hope be some Evidence before God and Man to all posterity that I am far from bearing justly the vast Load and Guilt of all that Blood which hath been shed in this unhappy War which some Men will needs charge upon me to ease their own Souls who am and ever shall be more afraid to take away any mans Life unjustly than to lose my own An ACT for Reversing the Earl of Strafford's Attainder WHereas Thomas late Earl of Strafford was impeached of High-Treason upon pretence of endeavouring to subvert the Fundamental Laws and called to a publique and solemn Arraignment and Tryal before the Peers in Parliament where he made a particular Defence to every Article objected against him insomuch that the turbulent party then seeing no hopes to effect their unjust Designs by any ordinary way and method of proceedings did at last resolve to attempt the Destruction and Attainder of the said Earl by an Art of Parliament to be therefore purposely made to condemn him upon accumulative Treason none of the pretended crimes being Treason apart and so could not be in the whole if they had been proved as they were not and also adjudged him guilty of Constructive Treason that is of Levying War against the King though it was only the Commanding an Order of the Council-Board in Ireland to be executed by a Sergeant at Arms and three or four Soldiers which was the constant practice of the Deputies there for a long time To the which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition than they expected they caused a multitude of tumultuous persons to come down to Westminster armed with Swords and Staves and to fill both the Palace-yards and all the approaches to both Houses of Parliament with Fury and Clamor and to require Justice speedy Justice against the Earl of Strafford and having by those and other undue practices obtained that Bill to pass the House of Commons they caused the Names of those resolute Gentlemen who in a Case of innocent Blood had freely discharged their Consciences being Fifty nine to be posted up in several places about the Citys of London and Westminster and stiled them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the People whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Peers where it having some time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested a gainst it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majestys
for the most part Papists tending to the subversion of the Fundamental Laws in England 517 Article XXIII read Wherein he is changed with Words That His Majesty having tryed the Parliament he was loose and absolved from all Rules of Government and was to do every thing that Power would admit c. 518 Article XXIV Read charging him that he declared that the Parliament had forsaken the King in denying to supply him and that the King was not to suffer himself to be mastered by the frowardness of the People 519 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 520 to 581 Article XXV read Charging the Earl that the Lord Mayor and Aldermen refusing to certify the Names of such Citizens as were able to lend Money he said they deserved to be put to Fine and Ransome and some of the Alderm hanged up 582 The Charge opened by Mr. Maynard 583 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 583 to 587 Article XXVI read Charging him that he did approve of two wicked Projects to seize upon the Bullion and Money in the Mint and embase His Majestys Coyn with a mixture of Brass c. 589 The Charge opened by Mr. Maynard 590 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply 590 to 597 c. Article XXVII read Wherein the Earl is charged that he did by his own Authority impose a Tax on His Majestys Subjects for the payment of the Soldiers and caused the same to be levied by force 600 The Article opened by Mr. Maynard 601 The Petition of the Gentry of York read as Evidence 602 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 603 to 627 More passages Interlocutory 629 to 632 Attainder see Act and Bill Bill brought in for continuance of the Parliament 743 Bill of Attainder and Bill for Continuance of the present Parliament passed the Lords House 755 Bill to be drawn up for the Pressing of Mariners 755 A. Bishop of Canterbury settles an inviolable friendship with the Earl 769 The Bishops decline giving their Suffrages in matters criminal 41 Bishops enabled in Ecclesiastical affairs by Warrant from the Earl of Strafford see Art 9. 236 Bishops Iudges c. sent for to attend the King at Whitehall the day before His Majesty consented to pass the Bill of Attainder 756 Bullion in the Mint to be seized see Art 26. 589 C. CLosets placed in Westminster-Hall whither the King Queen and Prince retired 41 Commissioners of Scotland to bring in their proofs against the Earl 18 Commissions granted to the Earl of Worcester and his Son for levying of Horses to be drawn into the Charge against the Earl of Strafford 19 Committee appointed to be present at the private Examination of Witnesses 6 Committee touching the Examination of Members named 14 15 16 A select Committee of both Houses appointed to meet at a Conference concerning the Trial of the Earl 33 Commons House approves of the Petition delivered by certain Peers to the King at York for the calling of a Parliament 6 Right of the Commons in the proceedings in the Lords House in Cases of Impeachment to be considered of by a Committee 21 The Commons to meet only as a Committee of the whole House at the Trial of the Earl and in the House constantly at two of the clock in the afternoon during the time of Trial 42 Names of the Members of the House of Commons who are desired to be present as Witnesses at the Trial of the Earl 44 Conference That all the Ports in Ireland be open 4. Conference about sending for Sir George Ratcliffe a Member of Parliament in Ireland 4 Conference about disbanding the new levied Irish Army 18 Conference to Sequester the Earl from his Offices 20 Conference as to place of Trial as to the persons present as to Conncil and management of the Evidence 34 to 37 Conference is desired with the Lords to know to what purpose the Earls Council should be heard 47 Council of the Earl concerning matters of Law to be to morrow heard in Westminster-Hall 47 In Criminal matters the Bishops decline giving their Suffrages 41. Interlocutory passages about admitting Sir Pierce Crosby to be examined 109 Customs Farmed for the Earls use see Art 10. 241 D. LOrd Digby goes up to the Lords to desire a free Conference concerning Articles against the Earl 9 His Speech to the House of Commons to the Bill of Attainder 50 Sir Kenelm Digby to be removed from Court 42 Lord Dillon's Case of Ireland to be reported by the Committee 19 E. LOrd Viscount Ely his Case in Ireland to be reported by the Committee 19 The Evidence against the Earl to be managed by a Committee of the House of Commons 32 Evidence offered by the House to the Committee to corroborate the latter part of the 23 Article 45 Evidence for the Earl to be recollected by him to morrow which done the managers are to state their Evidence 47 Examinations taken before the Lords to be delivered to the Commons appointed to draw up the Charge against the Earl 19 Examination of the Lord Primate of Ireland debated 44 Exceptions by the Earl and other unnecessary delays to be prevented 43 Exceptions taken by some Members to the Lord Digby's Speech 55 F. FIne and Ransome to be put upon those who refuse to lend Money see Art 25 582. Flax a great quantity thereof in the Earl of Straffords hands c. see Art 13. 416 Forces made use of to Levy Money see Art 25. 426 Forces in Wiltshire Hampshire Kent and Sussex be drawn towards Portsmouth and Dover 740 G. MR. Glyn's Reply 706 to 733 Gondamore an Agent from Spain a sower of Seeds of Distraction among us 765 Col. Goring his Examination 746 His Vindication by Vote of the House 755 H. EArl of Holland General of the Army 751 Lord Hollis his Speech to the Lords to promote the taking a Protestation 741 Hubub in the City that the House was beset and in danger I. IMpeachment against the Earl read 101 He is declared an Incendiary of the War with Scotland see Art 20. 515 The Introductive Speech of Mr. Pym as to the Preamble of the Earls Answer 102 to 109 Petitions and Complaints from Ireland there reported by Mr. Whistler 10 Irish Affairs to be considered of by a Committee of the whole House 1 Irish Remonstrance reported by Mr. Whistler 7 Irish Remonstrance read 11 12 13 New levied Irish Army a Conference about disbanding them 18 42 Irish Army consented by the King to be disbanded 756 Irish Army words spoken c. tending to the bringing the same into England 46 725 E. EArl of Kildare his Case of Ireland to be reported 19 The King declares the Ports in Ireland to be open 6. King Queen and Prince come to their private Closets placed in
the like case And he remembers too that it was given over Also that he was one of the Committee to take Information of the Reasons for it and against it and to report and further then that he medled not with it For the rest of the Charge in telling the City They dealt undutifully with His Majesty c. he conceives the Proofs are full in the Point and fuller then any thing of the Charge since the Trial began And it is true he did not at that time think the City had dealt thankfully with His Majesty they having received so many Favours from him and He residing amongst them should refuse the Loane of 100000 l. on good security given and it might very well be as he thinks he did at that time he might say so And if he spake it out of overmuch sence towards His Majesty and His Service surely he doth not conceive it to be any great Crime to say They dealt undutifully with the King But whatsoever it was he is sure he is ready to amend it and to be of another Opinion For he remembers very well and he thinks many of their Lordships will call it to mind that when upon the return of diverse Noble Persons to York he understood that the City of London had lent the King 200000 l. he then said That he was glad for his part extreamly glad of it and all that was past formerly was now fully satisfied as to him and he should be ready to serve them with his Life for it as long as he lived And this he spake in the Great Council of the Peers at York and that he would be as ready to serve the City of London as any poor Gentleman in the Kingdom and so he sayes again he will and if at that time or other time he was so sensible of the Service of His Master as not to think it well done of them to refuse so small a Curtesie and exprest something that might have been spared Men oftentimes offend with the Tongue when they offend not with the heart And he hopes this can be no such Bloody Crime it arguing him rather to be innocent from doing any great evil when words are so often charged on him rather than doing But there are some things not proved that perhaps will be mentioned because they be singly spoken of but not doubly proved The next Charge is a Letter that he should shew about the King of France appointing Officers to take Accompts and to view mens Books and that it might be an Example for us here Which words he doth absolutely deny He never spake them He never thought them And Mr. Palmer only speaks it But sayes the very words he cannot express and if he cannot the Defendant appeales to their Lordships whether he should be Condemned for words which cannot be exprest and he hopes it will be of very little force with their Lordships when it is so uncertainly delivered But however it is a single Testimony none of the other Witnesses testifying the words as he conceives Sir William Parkhurst denies expresly that he heard them Mr. Gogan is a single Testimony in saying what my Lord of Strafford should say to my Lord Cottington That they might be worthy of his Lordships consideration And Sir William Parkhurst denies that he heard them But it will be necessary for him to let their Lordships know clearly and plainly what this great matter was concerning the French Letter for he trusts my Lord Cottington would remember it and my Lord Treasurer too if need were but this is no way in his Charge and therefore he shall not insist in the proof of it His Lordship having the honor to be of the Foraign Committee my Lord of Leicester was pleased to send weekly Letters to divers of their Lordships and among the rest he received one being in the nature of a Gazette In which Letter nothing was mentioned of Commissaries of Horse but it was mentioned that the Cardinal had given direction to certain Commissioners to go into the Houses of divers Merchants not over the Kingdom but at Paris and Inform themselves by their Books of Accompt what Estates they had that they might demand Supply This Letter he sayes he Read with this Clause You may see what is done in other places but God be thanked you have so pious and gracious a King that he thinks on none of these things he read it to them as a Gazette a foolish idle Letter and no more My Lord Cottington being Interrogated touching the Letter c. He professes that he knew nothing of such a Letter but because he would remember it he spake with Sir William Parkhurst and Mr. Palmer and some others and they told him that when my Lord was Reading the Letter he was Writing in another Room and asking Why it was said he was present they told him then That they thought Gogan had said so when there was no such matter For he having seen his name in the Printed Book he hath been careful to inform himself what kind of Letter it was for he profest to their Lordships he remembred not the Letter nor the discourse and asking Sir William Parkhurst and the rest why it was said such words were spoken to him by my Lord of Strafford they say they had been examined upon it and had denyed it For Sir Ralph Freeman's Deposition that my Lord of Strafford should say That if the poor men that work on the Money should refuse to work they might be sent to the House of Correction That he conceives he might say without offence but it is no part of his Charge My Lord Cottington being asked on Mr. Glyns motion whether he had heard of such a Letter He professed to his remembrance he never heard of the Letter Whence Mr. Maynard inferred there be others that speak to that therefore there may be something that is not remembred And so my Lord of Strafford concluded that he had told their Lordships clearly and plainly what is proved what the things were and as they were and he trusts nothing is in his Actions but such as may admit of a noble and favourable construction and so there is no more for him to Answer to this Article but only to say That under the favour of these Gentlemen nothing can incline one way or other to be an accusation of High-Treason To which Mr. Maynard made a Reply in substance as followeth That he should not hold their Lordships long in Reply to this My Lord denies the Counselling and Approving the matter of seizing the Mynt and debasing the Coyn and a Witness produced sayes My Lord knew nothing of it that they can press no farther but that is no justification to my Lord Strafford to retort such words concerning the Great City of this Kingdom on so small an occasion as their desire to have their Money discharged It was a grievous thing and is not to be slighted
that their Estates being beyond Sea my Lord of Strafford should make so little of it But my Lord Answers nothing to these words That the City of London was more ready to help the Rebels than to help the King and he doth well not to do it for whosoever doth help a Rebel is of the same condition with the Rebel For the matter of the Letter it is of no great importance whether it be so or no But the matter is What Speeches were used My Lord sayes the Speeches are proved by only one witness But the truth is one Witness positively swears one part and another the other part but both agree That my Lord Cottington was there though Sir William Parkhurst doth not remember it Mr. Whitlock added That my Lord of Strafford is pleased to mention a Letter from an Honouable person my Lord of Leicester and now he observes it was a Gazette and no Letter at all from my Lord of Leicester But my Lord of Strafford desired he might not be mistaken he being very tender to have it laid on him that he should in any thing speak untruth or contradict himself Their Lordships know the Letters sent familiarly every week from my Lord of Leicesters Secretary as News to the forreign Committee are only in the nature of a Gazette and so he intended to open it Mr. Strowd added there is something in the Tract of this Article that sticks near to me and I cannot let it pass Whereas my Lord sayes Words are only laid to his Charge which argues his innocency in Fact in that he hath been sparing in doing whatsoever his Language is First The Laws are clear that words may be Treason and to every mans reason it sounds thus far That words in consequence may go beyond some actions and words of the highest nature he hath used all trenching deeper on us than some Acts might have done to counsel His Majesty in things of that consequence it touches not only on the safety of His Majesties Crown but also on the Liberty of his People and may go beyond force for if my Lord of Strafford had brought in his 8000 Irish by force we might have withstood them by force But when he goes to the Ear of a pious Prince and insinuates that we know not of and brings a desolation on a Kingdom who shall repell such Language when force may repell Forces And surely had he plotted and devised against His Majesty by any one which God forbid he should or that His Majesty should be in that danger the pretence of a Prince might have daunted a Traitor that he could not have done the work yet had he done it which God forbid a Prince may dye with fair reputation to posterity but when he shall inspire a Prince in his ear and provoke tyrannical Carriage to His Subjects he may abuse a good Prince but how he may leave him to posterity I leave to your Lordships But my Lord stays not singly in Counsel and Advice but something was done upon it I appeal to your Lordships when proof shall be brought in the case and First consider the misery that England is now in what could have been done more to have made us miserable but absolute desolation The Aldermen were committed that very day and though it cannot be proved he gave the immediate Counsel yet he gave the Counsel that hath been proved and that day four of them were committed and this the Aldermen are ready to prove Sir Henry Garaway Interrogated Whether any of the Aldermen were committed He Answered That he shall not need to Answer that for my Lord will confess it there were four Aldermen committed Alderman Rainston Alderman Somes Alderman Geere Alderman Atkins and it was the same day they were there to give an account of the able Men and the loan of 100000 l. Their Answer not giving satisfaction they were committed the same day to several prisons by what Order or Direction he knows not So Mr. Glyn desired their Lordships to observe the words proved against him That no good will be done on them till they were laid by the heels which my Lord sayes produced no effect yet that very day four were laid by the heels and it rests upon their Lordships Judgements by whose advice And Mr. Strowde concluded That my Lord of Straffords Words and Actions Agree in this Kingdom and the miseries of this Kingdom do agree with his Words and Actions And so the 26th Article was concluded THE Seven and Twentieth Article The Charge 26 THat in or about the month of August last he was made Lieutenant-General of all His Majesties â—orces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintainance of every Soldier of the Trained-bands of that County which sums of Money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terror to yield to the payment of the same he did Declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High Treason MR. Maynard proceeded to the 27 the Article That the Earl of Strafford imposed a Tax on His Majesties Subjects in the County of York of 8 d. per diem for the maintainance of every Soldier of the Trained Band of that County causing it to be levied by force Threatening them that refused with Commitment and that they that did not pay the Soldiers should be satisfied out of their Goods and they were in little better case than the case of High Treason that refused to pay The state of their proofs will stand thus There were three Levies First a months Contribution and that was for the general The Second a Contribution for a fornight and that was for two particular Regiments or Companies A Third for a month more so it was for ten weeks in the whole My Lord of Strafford pretends two things in his Answer for his excuse First That it was upon a Petition from the Country To that we say this The Country did petition His Majesty offering their endeavour in that Petition they likewise desire a Parliament for redress of grievances with which Petition some principal Gentlemen of the Countrey attended my Lord of Strafford desiring his assistance He likes well the clause concerning the Petitioners endeavours but not that touching the Parliament and therefore he would not deliver it though he said it would fall out there would be a Parliament His Majesty having resolved it but he likes not that they should Petition it They refusing to retract from their Petition he doth in the name of some of his Lordships Friends and Dependants