these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Lawes of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Lawes to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Iesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deale to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Tokens set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your selves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the Plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those Killing Arts then our Fore-fathers were before us My Lords It is now full Two hundred and forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly least it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the publick Affaires of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self it is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur THE SPEECH OR DECLARATION Of John Pym Esq MY LORDS MAny dayes have been spent in maintenance of the
words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Councel of War and judges his Lordship to death My Lords It is no wonder that he would make the Kings little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the Kings Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishops Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the Kings Customs and a Rent of 1350 l. is increased to the Crown But it will appear to Your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Straffords Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Dukes Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London Derry and Colerane in the Dukes Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized accordingly yea their Houses broke open and their Goods taken away and brought to my Lord of Straffords house where they were employed in his works The like we shall instance in Tobacco 15. Next we shall shew to Your Lordships how he hath levied War upon the Kings Subjects We opened in the beginning what an Arbitrary Jurisdiction he set up here we shall shew how he used it by a meer course of Enmity and Hostility For My Lords this was the course If a Decree or Order were made by him and not obeyed he issues a Warrant to the Sergeant at Arms to go to the next Garrison and take Soldiers with an Officer and carry them to the House of the party in question it is no matter where it was but to the House of them that were pretended to be disobedient they were to go If the Decree had been to raise so much money or to put parties in possession In plain terms the Soldiers were to lye like Free-booters and Enemies on the King's People to eat them up They have killed their Sheep their Oxen and they have lain not on the parties only but on their Tenants till the party comes in and renders himself They have burnt their Houses taken their Wives and Friends and carried them away till Obedience was rendered and this is a levying of War upon the King For the King and the People are both so united in Affection and Right of Law that there cannot be Violence offered to the King but it redounds to the People nor can any Oppress the People in this sort but it redounds to His Majesty Besides it is contrary to a Law of that Kingdom whereby it is Enacted That if any person shall assess Horse or Foot on any of the Kings People without their consent it is High Treason The next thing we shall go to is the Favour he shewed to the Papists in their Compositions and Exemptions from all penalties of Law for they were expresly not to be proceeded against nor to be Convicted and so that which hath influence into Religion and Reformation is quite taken away and nothing but matter of Profit is left The next Article is that that concerns the Kingdom of Scotland First he begins with them in Ireland contrives an Oath which is set forth in the Articles That they shall obey the Kings Royal Commands without exception This he enforceth by Fining and Imprisoning them that disobeyed him And so in all the other particulars when his Proclamations were broken his course was by Fine and Imprisonment to enforce an Obedience My Lords He doth not only press them in their Estates but strives to infuse into His Majesty an ill Opinion of them he provokes and incites Him by all his Arguments to lay down his Mercy and Goodness and Justice and to fall into an offensive War against that Kingdom He gives out that
the Committee for the Commons declaring that they would make no use against him of any thing he should speak concerning himself His Lordship was thereupon Sworn and asked what my Lord of Straffords carriage was at the said Sentence not accusing himself He Answered That he was present at the Council on Summons to be there and the Council being set as a Council of War my Lord of Strafford did shew what they were called for and did set forth some Injuries he conceived done him by my Lord Mountnorris Upon that my Lord Mountnorris was spoken to and much interlocution there was before he would say he did speak the words or deny them and after much debate to and fro the Witnesses were called in my Lord Moore and Sir Robert Loftus and they did testifie the words in the Charge upon Oath much debate there was to call every particular to remembrance he cannot at this present but as near as he can he will that was before my Lord Mountnorris withdrew and after his withdrawing and some Speeches to the Council of War they came to Voting and in the Voting there was never a man to his remembrance in giving his Vote on both Articles but did profess he gave it in a confidence that there should be Mercy extended to my Lord Mountnorris and with an Intercession that he might find Mercy from His Majesty And when the Votes were all past my Lord of Strafford stretched forth his right Arm and protested he had rather have his Arm cut off or lose his right Arm than my Lord Mountnorris should lose a hair of his Head or a drop of his Blood for that cause and that he would write to His Majesty to supplicate Him for Mercy Being asked on the Committees motion whether my Lord of Strafford did not publish he had acquainted His Majesty with it and they were called together to give Reparation of some Injuries done to himself He Answered My Lord made a long Speech at that time setting forth the Charge and making mention of His Majesties Letter and His Majesties Letter was read and he did understand by my Lord Deputy it was to give Reparation but the particular words on his Oath he doth not remember Being asked whether some of the Council moving they might proceed on the Article that did not extend to Life my Lord of Strafford did not reply Nay both He Answered That he remembers very well it was proposed to the Council of War that they were to judge on both Articles And being asked by whom He said he will Ingeniously answer he believes my Lord of Strafford did but specially to say who or in what manner he cannot Being asked whether the Evidence given against my Lord Mountnorris was not written in a Paper drawn out by my Lord of Strafford and that the Witnesses referred to that wholly He Answered He did see a piece of Paper in my Lord of Straffords hand and believes it was some note for his remembrance what it was he knows not and when the Witnesses were brought in there was a paper to which they had set their hands of the words spoken Being asked other questions successively touching the pressing of the Councels proceedings on the Article only that touched not death and whether my Lord of Strafford wished them to proceed on both He Answered He remembers it not so prest on that occasion nor doth he remember whether such a Provision was made That the Proceedings should be on the Article that touched not Life Being asked whether any beside my Lord of Strafford moved they might proceed on both Articles He Answered He remembers in the debate the manner of proceeding was spoken of and to his best remembrance by the Discipline and Rule of the Army it was said he was to be proceeded against on both Being asked on my Lord of Straffords motion whether the Earl of Strafford did not in plain and direct terms say He would not be a Judge in that Cause nor give a Vote by any means He Answered He remembers he gave no Vote and being more than five years since the special words he doth not remember but in general after he had set forth the Injuries done to himself he profest he would give no Vote but left it to the Council Being asked on the Lord of Straffords motion whether he did not desire the Council of War but to proceed as to any other Officer in the Army and what Sentence they should give he would not take ill He Answered When my Lord Mountnorris was withdrawn he spake not a word but did when he came in again He doth not remember the words Being asked whether the Army was not a great part of it in Dublin and in motion and daily exercised when the words were spoken by my Lord Mountnorris He Answered He cannot tell precisely whether the most part was there but there was a part of the Army there and they did exercise Being asked on the motion of the Committee whether the Sentence he approved so well of he thanked them for it He Answered That he doth not remember any special words but he thinks in Civility he would do it Being further asked whether after my Lord Mountnorris was withdrawn my Lord of Strafford did not continue in his place and sit at the Table end amongst the Council He Answered I do really believe he did so The Lord Strafford confessed he did when the Votes were delivered but desired the Lord Dillom might be asked whether he sate only as a party not as a Judge and sate bare through the whole proceeding of the Cause He Answered He doth not remember it particularly whether he sate bare all the while for it is long ago and he did not heed it The Lord Ranulagh being asked whether he was present at the Lord Mountnorris his Sentence and whether my Lord Strafford declared they were called together to give satisfaction for Injuries done him by my Lord Mountnorris He Answered That in this particular my Lord of Strafford was Nobly pleased to mention his tenderness of my Lord Dillom least he should be his own accuser He was pleased to mention something the other day wherein he had tenderness of him That he shall be as little fearful to speak the truth in this Cause as in that having been required by their Lordships as presuming he hath done nothing but what he may justifie That for that particular question he hath been heretofore examined in some particulars of it and shall now with the best of his memory repeat and offer to their Lordships according to his weakness every passage in it That he was summoned to appear in the Council-Chamber and as he takes it it was December 12. 1635. That being there my Lord sate in a Council of War and he amongst others having the Honour to wait on him my Lord Mountnorris's name being mentioned after he was set at the Board arose and stood as near my Lord Deputies Person as was fit
at Plough in the Parish of Ofley in the County of Hertford Bernard asked Balshal what news he told him that the news was That King Richard the Second was alive in Scotland which was false for he was dead and that by Midsummer next he would come into England Bernard asked him What were best to be done Balshal answered Get Men and go to King Richard In Michaelmas Term in the Third year of Hen. 4th in the Kings Bench Rot. 4. This advice of War adjudged Treason In Queen Mary's time Sir Nicholas Throckmorton conspired with Sir Thomas Wyat to Levy War within this Realm for alteration in Religion he joyned not with him in the execution This conspiracy alone declared to be Treason by all the Judges this was after the Statute of Queen Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter Term following and is reported by Justice Dyer fol. 98. It 's true Sir Thomas Wyat afterwards did Levy War Sir Nicholas Throckmorton he only conspired This adjudged Treason One Story in Queen Elizabeths time practised with Foreigners to levy War within this Kingdom nothing done in persuance of the practice The intent without any adhering to enemies of the Queen or other cause adjudged Treason and he executed thereupon It 's true my Lords that year 13 Eliz. by Act of Parliament it 's made Treason to intend the levying of War this Case was adjudged before the Parliament The Case was adjudged in Hillary Term the Parliament begun not till the April following This my Lords is a Case judged in point that the practising to levy War though nothing be done in execution of it is Treason Object It may be Objected That in these Cases the Conspiring being against the whole Kingdom included the Queen and was a compassing Her destruction as well as of the Kingdoms here the Advice was to the King Answ. The Answer is first That the Warrant was unknown to His Majesty that was a Machination of War against the People and Lawes wherein His Majesties Person was engaged for Protection Secondly That the Advice was to His Majesty aggravates the Offence it was an Attempt which was the Offence it was an Attempt not only upon the Kingdom but upon the Sacred Person and His Office too himself was hostis patriae he would have made the Father of it so to Nothing more unnatural nor more dangerous than to offer the King Poyson to drink telling Him that it is a Cordial is a passing of His death the Poyson was repelled there was an Antidote within the Malice of the giver beyond expression The perswading of Foreigners to invade the Kingdom hold no proportion with this Machination of War against the Law or Kingdom is against the King they cannot be severed My Lords If no actual War within the Statute if the Counselling of War if neither of these single Acts be Treason within the Statute The Commons in the next place have taken it into consideration what the addition of his other Words Counsels and Actions do operate in the Case and have conceived that with this Addition all being put together that he is brought within the Statute of 25 E. 3. The words of the Statute are If any Man shall Compass or Imagine the death of the King the words are not If any Man shall plot or Counsel the Death of the King No my Lords they go further than to such things as are intended immediately directly and determinatively against the Life and Person of the King they are of a larger extent to compass is to do by Circuit to Consult or Practice another thing directly which being done may necessarily produce this effect However it be in the other Treasons within this Statute yet in this by the very words there is room left for constructions for necessary inferences and consequences What hath been the Judgment and Practice of former times concerning these words of compassing the Kings Death will appear to your Lordships by some Cases of Attainders upon these words One Owen in K. Iames His time in the 13 th year of His Reign at Sandwich in Kent spake these words That K. Iames being Excommunicated by the Pope may be killed by any Man which killing is no Murther Being asked by those he spake to how he durst maintain so Bloody an Assertion Answered That the matter was not so heinous as was supposed for the King who is the Lesser is concluded by the Pope who is the Greater and as a Malefactor being Condemned before a Temporal Judge may be delivered over to be Executed So the King standing Convicted by the Popes Sentence of Excommunication may justly be slaughtered without fault for the Killing of the King is the Execution of the Popes Supreame Sentence as the other is the Execution of the Law For this Judgment of High Treason was given against him and Execution done My Lords there is no clear intent appearing that Owen desired the thing should be done onely Arguments that it might be done this is a Compassing there is a clear Endeavour to corrupt the Judgment to take off the Bonds of Conscience the greatest security of the Kings Life God forbid saith one of better Judgement then he that I should stretch out my hand against the Lords Annointed No saith he the Lord doth not forbid it you may for these Reasons lawfully kill the King He that denies the Title to the Crown and plots the means of setting it upon anothers head may do this without any direct or immediate desiring the death of Him that wears it yet this is Treason as was adjudged in the 10th of Hen. 7. in these of Burton and in the Duke of Norfolkes Case 13 Eliz. This is a compassing of His Death for there can no more be two Kings in one Kingdom then two Suns in the Firmament he that conceives a Title counts it worth venturing for though it cost him his life he that is in possession thinks it as well worth the keeping Iohn Sparhauk in King Henry the Fourth's time meeting too men upon the way amongst other talk said That the King was not rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earles Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Terme in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the People from the King and to excite them against him that in the end they might rise up against
believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth he saith That the legal and ordinary Proceedings at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgement of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken of the Files and he remembers not any Suit for breach of any Order made at Council-Table To the Fifth he saith The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls the now Lord Chancellor and the Chief Justice of the Common Pleas upon the Proofs in the Chancery decreed for the Plantiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir Iohn Gifford's Petition to the King His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by His Majesty and His Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by His Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of His Majesties Mercy and not of His Justice The Earl of Kildare for not performing of an Award made by King Iames and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are
namely the said Earl of Strafford the 12th day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Péer of the said Realm of Ireland and then Uice-Treasurer and Receiver-General of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and kéeper of the Privy-Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the Fourtéenth Year of His Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of His Majesties Subjects whose name is yet unknown and caused him to be put to Death in execution of the same Sentence VI. That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolston did cause the said Lord Mountnorris to be disseised and put out of Possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having been 18 years before in quiet possession thereof VII That the said Earl of Strafford in the Term of holy Trinity in the Thirteenth Year of His now Majesties Reign did cause a Case commonly called The Case of Tenures upon defective Titles to be made and drawn up without any Iury or Tryal or other Legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that case and by colour of such Opinion did without any Legal procéeding cause Thomas Lord Dillon a Péer of the said Realm of Ireland to be put out of the possession of divers Lands and Tenements being his Fréehold in the Country of Mayo and Roscomen in the said Kingdom and divers other of His Majesties Subjects to be put out of Possession and disseised of their Fréehold by colour of the same Resolution without Legal proceedings whereby many hundreds of His Majesties Subjects were undone and their Families utterly ruinated VIII That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of His Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending IX That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all lawful Decrees Sentences and Orders issued imposed or given out against them and them to commit and keep in the next Gaol until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect X. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandize Exported out and Imported into that Realm to be farmed to his own Use. And in the Ninth Year of His now Majesties Reign he having then Interest in the said Customs to advance his own Gain and Lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wooll at Thirteen shillings four pence though the same were really worth but Five shillings at the utmost Niue shillings by which means the Custom which before was but a twentieth part of the true value of the Commodity was enhanced sometimes a Fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great Oppression of the Subjects and decay of
an Order made my Lord of Strafford threatned the Earl of Corke for Suing at Law That the Justification brought by my Lord of Strafford is an Aggravation restraining Liberty to Sue at Law to a year else to be concluded for ever Whereas my Lord of Strafford says he hath spoken unwisely but done nothing sure he that Threatens doth something and his Actions will appear in the next Articles For the Priviledge of Peerage It were to be wished he had known or remembred it sooner in my Lord Mountnorris his Case That though he says Acts of State are to be allowed for temporary provision till an Act of Parliament yet when things are propounded and rejected in Parliament shall he supply it by an Act of State We desire to examine one Witness more The Earl of Strafford excepting against it as not regular the Lords Adjourned to their House to take consideration of it And a little after returning the Lord Steward declared their Lordships Resolution That the Witness might be examined The matter in question arising from what was offered from the Earl of Straffords Defence Roger Lotts Sworn and examined what words my Lord of Strafford gave out when an Act for Powder would not pass in the Commons House and what Act of State was thereupon made He Answered That he had the Honour to be one of the Members of that Parliament that began 1634. and ended April 1635. That at the Close of that Parliament my Lord of Strafford then Lord Deputy told the House of Commons then sent for up That they had Voted against some Bills in the lower House amongst the rest that of Gun-powder where it was made Felony for any man to buy or have any unless he got a License first for it That my Lord afterwards told them That notwithstanding they had Voted against it yet he would make that and some other Bills they had Voted against Acts of State that should be as good and said he heard it was done afterwards but he doth not know that This Witness is something of Justification of my Lord of Corke's Testimony against which my Lord of Strafford hath made some Exception And the Lord Digby added something for the Justification of my Lord of Killmallocks Testimony against which my Lord of Strafford had likewise excepted And so the Reply was concluded To the Deposition of Roger Lotts my Lord of Strafford Answered I had received direction concerning Powder it being not conceived fit for Reasons of State to buy and have Powder at pleasure or that that Commodity should be so frequently brought into the Kingdom and committed to unsafe hands so in that point I did but what I was commanded out of many Reasons which I desire I may forbear to express it not conducing to my Acquittal or Condemnation And so the Lords Adjourned The Sixth day Saturday March 27. 1641. THE Fifth Article The Charge That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the Subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Freé-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm and namely the said Earl of Strafford the Twelfth day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Peér of the said Realm of Ireland and then Uice-Treasurer and Receiver-general of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and Kéeper of the Privy Signet of the said Kingdom a Sentence of death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the month of March in the Fourtéenth year of his Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to Death in Execution of the same Sentence THe Manager began to open this Article shewing That though my Lord of Strafford insisted on it That whatever his words were his Actions were not against Law This Article comes properly to reply to that Answer It charging him with exercising of a Tyrannical Power over the Person of a Peer of that Realm And first It was desired that the Sentence of Death against my Lord Mountnorris might be read which was attested on Oath to be that which was delivered by Mr. Secretary Windebanck upon the Commons humble Suit to His Majesty for His leave to have a Copy thereof That the Papers concerning my Lord Mountnorris might be delivered into the House occasioned upon my Lord Mountnorris his Petition to the House in that behalf The Sentence was read Reciting first His Majesties Letter Iuly 21. then last wherein notice is taken of the Respect due to the Deputy and General of His Majesties Army and of the Carriage of my Lord Mountnorris holding a Captains place in the Army in uttering Speeches inciting a Revenge on the Earl of Strafford Lord Deputy and Lord General and Command thereby given on receipt thereof to call a Councel of War and that the Lord Mountnorris should undergo such censure as the said Councel of War should impose for the Lord Deputies full reparation Secondly That a Councel of War was accordingly called the words are also set forth and the occasion as followeth That within three or or four days after the Lord Deputy had Dissolved the Parliament his Lordship sitting in the Presence Chamber one of his Servants in moving a Stool happened to hurt the Lord Deputies Foot then indisposed through an accession of the Gout which being spoken of at the Lord Chancellors Table one said to the Lord Mountnorris being there present it was Your Lordships Kinsman who is one of the Lord Deputies Gentlemen Ushers that did it Whereupon the Lord Mountnorris publickly and in a scornful and contemptuous manner answered Perhaps it was done in Revenge of that publick Affront that my Lord Deputy did me formerly But I have a Brother that would not have taken such a Revenge Thirdly The Sentence likewise sets forth That the Lord Mountnorris would not Answer the said Charge negatively or affirmatively though required by the Councel of War Fourthly That thereupon the Witnesses for proof thereof were called viz. Viscount Moore and Sir Robert Loftus who upon Oath deposed the same words to be so then and there spoken and the Lord Mountnorris at last submitted himself to the Councel protesting that whatsoever interpretation might be put upon his words he intended no hurt to the person of his said Lordship
and affirmed That he would dye before he would give the Deputy and General occasion to give him such a Rebuke Fifthly That for the nature of the offence It was conceived to contain a Calumny to the Lord Deputy and General insinuating the affront pretended in these words of my Lord Mountnorris's to be given to the said Kinsman and an Incitement to Revenge and that if the words had been spoken of the Person of the King it had amounted to High Treason which by some rules of Proportion might be applyed to His Deputy Sixthly That the words were spoken when the Lord Deputy had the Honour to be Apparelled with his own Robes of Majesty and Soveraignty when part of the Army was in motion and the Lord Deputy and General present Seventhly That the words were adjudged an apparent breach of the 21st Article of the Printed Orders and Laws for War dated the 13th of March 1633. whereby it is Ordered that no man shall give any disgraceful words of any person in the Army upon pain of Imprisonment publick Disarming c. And also of the 13th Article That no man-shall offer Violence or Contempt to his Commander or do any act or speak any words to breed mutiny in the Army or Impeach the obeying of the principal Officer upon pain of death Eighthly That according to the said Articles the Counsel do unanimously with one joynt consent not one of us of another Opinion adjudge the said Lord Mountnorris for his high and great Offence to be Imprisoned to stand from henceforth deprived of all his Places and Entertainments due which he holds in the Army To be Disarmed to be banished the Army and disabled from ever bearing Office And lastly to be Shot to death or lose his Head at the pleasure of the General Given at His Majesties Castle at Dublin December 12. 1635. Valentia Cromwell This Sentence of Death against a Peer was pronounced by Martial Law against the fundamental Rules of Law without Trial Answer or Hearing That though my Lord of Strafford owns it not yet he made relation of the Injury to His Majesty His Majesty did justly direct that my Lord of Strafford should have just reparation That my Lord of Strafford produceth the Witnesses refused to let my Lord Mountnorris Answer though he demanded the benefit of the Law owns it in his own Person for he said treading on our Foot and an Injury done to us And whereas some would have mitigated it and found him guilty of the first Article He himself pronounceth it both or none The whole proceeding was but half an hour no notice was given before-hand and my Lord Mountnorris checked for desiring to cross-examine My Lord Mountnorris produced as a Witness some Exceptions were taken against him by my Lord of Strafford but were over-ruled His Lordship being Sworn and being directed to declare the whole truth in this business Answered as followeth Upon the 11th of December 1635. I was warned by a Pursevant late at Evening to attend my Lord Deputy in the Council-Chamber at a Council of War next morning by Eight of the Clock Coming thither accordingly I found many of the Council and Captains of the Army and having conferred with several of the chief of them and with my Lord Valentia Cromwell and others they said they knew not for what that Council of War was summoned after a whiles stay my Lord Deputy came into the Room and sat down at the Boards end and commanded the rest to sit down where my self that had the Honour to be His Majesties Vice-Treasurer by His Grace and Goodness sate in my place After all were set my Lord Deputy exprest he had called that Court to do himself Right and Reparation against my Lord Mountnorris At those words I rose up from my place and humbly presented my self at the Boards end as the manner is near his Lordship who making some Speech about words uttered by me shortly after the preceding Parliament which was April 18. 1635. and the words spoken within three or four days after took a Paper in his hand and out of that read the words wherewith he charged me to the effect I conceive as they are mentioned in the Sentence After his Lordship had read them he demanded of me whether I would confess them or deny them I did humbly desire I might have the Charge in writing that I might Answer it by advice of Learned Counsel the words being charged to be spoken long before and it was hard to Answer them suddenly His Lordship Answered That was not the course of a Martial Court I must Answer directly I did several times desire I might have the Charge in writing and my Lord of Strafford answered in the same kind That I must Answer whether I would confess or deny them Two or Three of the Counsel of War spoke something also to that purpose as I remember the Lord Cromwell for one and Sir Ch. Coote and Sir Iohn Burlacy who intimated that the manner was I must confess them or deny them Standing a while silent my Lord Deputy said He thought they must proceed against me as a Mute for he will not Answer and therefore they must take them for granted I said over again what I had said before and desired I might have my Charge in writing and that I might have Advice of Counsel that I might be used as a Peer of the Realm and an Officer of the Crown and still his Lordship denied That must not be It was not the Order of a Martial Court I replyed and told the Lord Deputy I had seen it otherwise in a Martial Court in England between my Lord Reas and Ramzie where the Cause was debated by the Advocates in writing The Lord Deputy told me again That must not be I must Answer directly and hereupon the Lord Deputy caused His Majesties Letter dated the last of Iuly to be read and when that was read required me to make Answer I confess I was amazed at hearing of this Letter and was much grieved and with Humility and Grief expressed on my Knees what Sorrow it had wrought on me and that I had never willingly Offended His Majesty or His Laws And declared that I had been mis-represented to His Majesty and those Letters were got by mis-information and humbly desired a Copy of those Letters and the Charge that I might Answer by writing and that His Majesty might know my Answer before further Proceedings His Lordship upon that rebuked me with worse Language than was fit to be used to a meaner man and not a Peer that desired but Law and Justice The Lord Deputy told me I was not mis-represented to His Majesty for himself had represented me and that matter to His Majesty and he did not use to mis-represent any thing And then directly required me whether I would confess them or deny them If not he would prove them on Oath and thereupon my Lord Deputy called for my Lord Moore sitting
at Board with him and required him to give his Testimony who had an Oath given him by the Lord Deputies command by the Clerk of the Council and referred himself to what he and Sir Robert Loftus had long before put under their hands Thereupon the Lord Deputy gave that Paper to the Clerk of the Council to read which was the Paper the Lord Deputy held in his hand and out of which he had read the Charge And that being shewed to my Lord Moore he said to his best remembrance those were the words spoken Sir Robert Loftus was also called in and he being required to give his Testimony referred himself to that which he and my Lord Moore had put under their hands and being shewed him with his hand to it he affirmed it Then my Lord Deputy asked me what I could now say since the words were proved to my face I humbly told his Lordship and made solemn protestation and offered to take my Oath That I did never speak the words as I was able to prove by several Witnesses and desired That the Lord Chancellor at whose Table they were spoken and Judge Martial of the Kingdom then in Town might be summoned to give his Testimony for truth and Sir Adam Loftus his Son and near twenty others and desired they might be examined in the Cause and that I was well able to prove that the words charged to be spoken by me were not spoken by me but by others as to that part that concerns the Affront but his Lordship refused me to have any examined Being asked whether all the Army was then on the march as my Lord of Strafford had said in his Answer He Answered There was at that time three or four or five Companies I am not able to say how many When my Witnesses were refused and I had made my protestation that I had not spoken them and was ready to prove it my Lord Deputy Answered That he knew my Oathes and Protestations well enough I took Exception to the Testimony of the Lord Moore and Sir Robert Loftus as I might in a Legal way But my Lord Deputy rebuked me and spoke in commendation of them and bid my Lord Moore sit down now and be one of my Judges And thereupon commanded me to withdraw which I did and went out into a Gallery by where I stayed about the space of half an hour I think not more I am sure not an hour and was then called in and at the beginning was required to Kneel as a Delinquent which I conceived I was not having endeavoured always to shew my self a faithful Officer Then my Lord Deputy commanded Sir Charles Coote to pronounce the Sentence as Provost Martial of Connaught which he did briefly in effect as in the Sentence And my Lord Deputy took occasion to make a Speech and told me invectively enough amongst other things there remained no more now if he pleased but to cause the Provost Martial to do Execution But withall added That for matter of Life he would supplicate His Majesty And I think he said he would rather lose his Hand than I should lose my Head which I took to be the highest scorn to compare his the Lord Deputies Hand with my Head I said I never did and hoped I never should endanger my Head by Offending His Majesties Laws I was hereupon commanded to be taken to Prison by the Constable of the Castle who took me thence away what past in the time of my absence I knew not but the Articles I was charged with breach of were not declared nor I urged to Answer if I had I could have Answered I knew of no such Articles nor ever saw them till Iune 1636. published by his own Authority and made in time of War And though made for regulating of the Army yet were never put in practice And on a Conference with some of the Council of War I was informed they differed in Opinion amongst themselves and some moved both the Articles might not be pressed And his Lordship Answered he would have both or none Being asked on my Lord of Straffords motion how long after the Sentence given he remained a Prisoner in the Castle I was Committed the 12th and remained until the 18th and was not released by any Favour of my Lord Deputy but on a Certificate of the Physitians and that not admitted but upon Oath That I was in peril of my Life and a Petition drawn by them that had more care of my Health than my self being so afflicted in body and mind with the high Injustice and Oppression I had that I was extreamly ill and was then remitted on Security given by the Chief Justice in 2000 l. Bond to be a Prisoner Being asked on the Committees behalf whether he was not taken to Prison again and how long he continued in Prison for this Cause I continued at my House and was very ill and after that several times was called to the Council-Table by my Lord Deputy and an Information exhibited in the Star-Chamber for pretended Crimes which I shall ever desire to Answer in any publick Legal Judicature rather than live And I was imprisoned again the 11th of April being sent for to my House and found with my Counsel about me preparing my Answer in the best manner I could and the Advice was I should demurr to that Information because I stood under the Sentence of death I was carried by the Constable to the Castle and brought before my Lord Deputy and the said 11th of April 1636. was committed close Prisoner and there continued till the second of May And I knew no other cause but that I had as he said neglected the Kings Grace and had sent my Wife into England and transgressed a Proclamation To which I answered I had not transgressed it that my Wife was full of Grief at my Calamities and I had sent her to save my Life Then my Lord Deputy told me that I had refused the Kings Grace offered me in not accepting his Pardon which I thought not Legal for me to take And thereupon Committed me Being asked on the Lord Lieutenants motion whether the Council were not present He Answered Some of the Council were present but my Lord Committed me the Council not speaking a word Being asked again about the time of his Commitment I was first Committed the 12th of December let go the 18th to my House Committed again the 11th of April put out the second of May I was then in great Extremity and admitted to my House again where I lay in a long continuing sickness and under the hands of Physitians And the 30th of Ianuary afterwards because I sued not out the Pardon was imprisoned again and there continued till March 1637. The Lord Dillom was called and after some exception taken by my Lord of Strafford to the examining of him because he might speak things that amount to an Accusation of himself the same was over-ruled
hanged and they were born in the same Town He said he knew not what Martial Law is but he was hanged on one of the bows of a growing Tree and he takes it my Lord of Strafford was present he added that all the Souldiers were there and the Company but knows not whether he was condemned by a Jury or no. And he heard that he was hanged for a quarter of Beef that he and some of the Company took away Lord Viscount Dillon being asked If he knew of the Execution of the said Person whether he was condemned by Martial Law and whether he was a Suitor to my Lady Strafford and could not prevail He Answered He did not know that man by name that was hanged but it was by Martial Law And he and another noble Lord that sits here were Suitors for him to my Lady and she told them she did endeavour but could not prevail for a Pardon That it was a little before the 500 men went to Carlisle out of Ireland That he was not present at the Trial but saw him hanged on the Green at Dublin on a Tree and knows not his name and he conceives the Provost-Marshal or the Provost-Marshal's Son did Execution for they were there both of them That the Cause was double as he heard for which he was condemned for flying from his Colours and for stealing some Beef Patrick Gough sworn and asked to the same purpose as before He Answered That he remembers about the time of the 500 Souldiers sending to Carlisle and the Army in Dublin this man was executed by the Provost-Marshal's Son and on a Tree and that time two other Souldiers were whipt The voice of the Report was He was hanged for a quarter of Beef and running away from his Colours Lord Renula asked what Answer was given when a motion was made that this man should be tried at Law He Answered That he was warned to come to a Marshalls Court and the Messenger came so late that he came not timely enough to give his Vote in the Court That he came when the matter was fully heard and having done his duty to the Lord-Deputy sate down behind the Chair That there were some controverted Opinions concerning the condemnation of the man The Lord-Deputy was pleased to desire his Opinion and stated the Evidence to him as it appeared before the Court which to his remembrance stood thus The party was accused to have stollen some Beef and charged to have run from his Colours which was the reason of the parties being called thither as he conceived And it was thus coming to his Lieutenant to demand his Pay if he be not mistaken and if he be he should be glad to be certified by any the Officer said He had it not then he desired to be Discharged Then go and be hanged said the Officer and thereupon left his Colours yet left his Musket with his Corporal That for the Beef it seems the Fact was clear that this was when a Regiment of Foot was to be transmitted to Carlisle and were at Dublin attending their Transportation hence That he the said Lord Renula was desired to inform himself of the particular charged upon his going from his Colours The thing in his excuse was The Officer's bidding him go and be hanged and leaving his Musket That therefore he the Lord Renula did the rather advise he should be tried by the Law than in that Court That he doth not conceive the Sentence was made certain before he came in and if he be not mistaken there is a Noble Peer of this House sate in that Council and he is sure that he the said Peer offered Reasons why he should not die for that Fact for he heard him argue it so and that is my Lord Conway Lord Conway was sworn and asked his knowledge of this He Answered That he hath been asked of this heretofore and therefore is something more in his memory than otherwise it would have been for he had almost forgot it and it is very imperfectly in memory He remembers that he was at a Council of War in Dublin that there was a man condemned to be hanged and that it was for such a matter as their Lordships had heard spoken more of it he doth not remember And being further asked Whether any Proposition was made to my Lord of Strafford to have the man referred to a legal Trial or the Execution deferred He Answered He remembers it not And so they closed the Article observing it to be fully proved in both parts of it and that it makes good the general Article of exercising a Tyrannical Government over His Majesties Subjects The Earl of Strafford began his Defence I humbly conceive my Answer must be allowed me if I prove clear of Treason having been debarred of Witnesses My Answer saith That the Deputies have always exercised Martial Law in time of the Armies march and divers Articles for regulating the Army printed according to which divers have been put to death in Peace as well as War That the Lord Mountnorris for breach of two of those Articles was proceeded against by 20 in number and Sentence of Death pronounced wherein I was no Judge and I obtained from His Majesty that no personal hurt befel him but a few days Imprisonment If I had been questioned on my Life for Murder or Felony I might in extremity have feared perhaps but certainly this can by no Law be made Treason for which only I must answer being a Crime of another nature I trust this will appear no Crime or such a one as I hope His Majesty will grant me a Pardon for as He hath done to others I desire to excuse a Mistake in my Answer about the whole Armies being at Dublin and I desire in my Answer to have liberty to rectifie a mistake I humbly desire the Commission may be read under the Broad-Seal whereby I am made General of the Army and Power derived to exercise Marshal-Law which was read and this limitation is in it as to the exercise of Marshal-Law Si opus fuerit And this I observe is according to the practise of all the World in Cases of this Nature That the Army in Ireland is a standing Army in the King's pay and and hath and always had Marshalls Serjeants Majors Generals Provost-Marshalls and other Officers We admit that there is an Army in Ireland that is in pay and distributed in the Country and hath Officers belonging to it The Generals there have from time to time set forth Orders in Print for the Government of the Army and the Officers of it particularly my Lord Wilmott whose Orders are here to be read My Lord Wilmott being examined confest there were Orders made for regulating the Army that he had the Honour to be General four years and that the Articles offered by my Lord of Strafford and by him viewed are attested under his Hand for which he took
Pattern from my Lord Faulkland my Lord Grandison and my Lord Chichester and he did it by the Power he had the Honour to hold under His Majesty as General That yet he used them so sparingly that neither in that time nor in the Government of Munster in which he had as large Authority as ever any man had he never did condemn a man to death in peaceable times and that the Authority hath been good That Martial-Law is so frequent and ordinary in Ireland that it is not to be denied and so little offensive there that the Common Law takes no exception at it That he hath lived to see three or four Parliaments there and they never complained of it And to Govern an Army without Martial-Law is impossible for occasions in an Army rise on a suddain and something must be done on a suddain for example-sake to others That Martial-Law was certainly in Ireland ever since he remembers and long before but it hath been used so sparingly that in the time of Peace for his part he did never know any executed in his time Being asked on the Lord Strafford's Motion Whether he hath known Sir Charles Coote as Provost-Martial of Conaught and Sir Iohn Bower Provost-Marshall of Leimster in time of Peace execute divers Persons Rebels and others by Martial-Law He Answered For Sir Charles Coote he can very well answer though he had Authority yet it is out of his memory that he ever executed any And for Sir Iohn Bower he dwelleth remote from him that the said Sir Iohn Bower hath Authority and so have many other Presidents Marshalls of the Army Provost-Marshalls of every Province and upon great Reasons for it for though they be Inferior men yet the intent of their Commission is but to prosecute those men that cannot be had into the Law that is Rebels and Fugitives and those men he hath heard have been hanged Whence my Lord of Strafford inferred That he had done nothing de Novo That Provost-Marshalls have been always appointed and executed those Places under the General for the time being The Committee admitted that there be four Provost-Marshalls but deny that they exercise Marshall-Law That those Provost-Marshalls have executed divers men to death by Marshall-Law Rebels and Traytors I desire to produce an Order of my Lord of Faulkland's taken from his Book of Entries but being not proved nor written with my Lord Faulkland's own hand the reading of it was not admitted but left to their Lordships Consideration To prove the Practise of the Provost-Marshalls Sir Adam Loftus being asked concerning the Provost-Marshalls executing of Marshall-Law before my Lord of Strafford's time and on what men He Answered That it is most apparent in all times since he can remember Martial-Law hath been executed that 's undoubted But it was on Rebels and Out-Laws and he hath known no other but such executed by Martial-Law Lord Robert Dillon being asked to the same purpose Answered He hath heard the Provost-Marshals have taken and hanged men by Martial-Law in time of Peace since the beginning of King Iames his Reign that of Rebels and Out-Laws there is no question My Lord of Strafford desired to compare his Orders with those of my Lord of Wilmotts And they were compared accordingly in divers Articles His Lordship produced a Copy of His Majesties Letter attested to be a true Copy by Charles Gibson Which was read being the Letter recited in the Sentence of my Lord Mountnorris I observe That the Sentence of my Lord Mountnorris takes notice that the Army was part of it in motion and divers Companies daily exercised and that my self was for the most part there present which shews the truth of my Answer to that Point in part To free my self from the said Sentence I desire a Letter from my self and Council of War to Secretary Cook 13. December immediately after the Sentence may be read to shew that I was a Suitor to the King in my Lord Mountnorris's behalf But being after the Sentence and written by himself and the Council of War for extenuating of the Fact the reading of it was over-ruled I conceive my Lord Renula and Lord Dillon made it appear that I declined giving Judgment in the Sentence But for further proof Sir Robert Farrer was asked Whether my Lord of Strafford did not declare he would be no Judge nor give Opinion in that Cause and whether he sate bare He Answered That he was present at the Sentence and heard my Lord of Strafford say that he would give no Judgment nor have to do with the business concerning my Lord Mountnorris and he sate a good time with his hat off Being asked on one of the Committees motion touching his pressing of both the Articles He said He acknowledged my Lord did require Judgment on both Articles and yet sate silent at the time they were upon the Sentence Being asked Whether my Lord of Strafford did not desire them to regard him no more than an ordinary Officer and do no otherwise than in reason and judgment they should think fit He Answered My Lord of Strafford said these very words That they should not look upon him but go to the Cause according to their Opinion directly And being asked Whether my Lord Mountnorris was a Captain of the Army He Answered Yes and the Council did admit it Sir George Wentworth being asked to the same purpose as Sir Robert Farrer He Answered He was present at the Sentence and heard my Lord of Stafford say publickly He did not sit there as a Judge and that he would give no Vote in it Being asked Whether my Lord of Stafford did not tell Sir George Wentworth that he should give no Vote in it because he was his Lordships Brother He Answered Yes and he gave no Judgment upon that reason that my Lord of Strafford did publickly bid them all look on him as a private man and sate by as a Suitor not as a Judge and put off his hat at the beginning to speak and sate uncovered all the while till Sentence was pronounced To shew that my Lord Mountnorris was enlarged by me presently after I here produce the Warrant Dated 18. December though indeed he was released 15. December The denial of my Lord Mountnorris to examine Witnesses was by my Lord Cromwell Sir Charles Coote Sir Iohn Burlacy not by me I sitting by as a private party For this I refer to my Lord Mountnorris's own Deposition and my Lord Renula's To prove it further Sir Robert Farrer was asked touching the denying of further time and Council He Answered He cannot tell who denied him he remembers my Lord Cromwell spake something but knows not whether to that effect Sir Robert Farrer being asked on one of the Managers Motion Whether before their coming together they did know the occasion of their meeting He Answered He did not he was warned to attend and did not know the business till he came thither I did never
Charge in a proper way I shall give such satisfaction as to clear my self of the least Fraud or Deceipt to my Master and in the mean time I know your Lordships are so just as not to prejudice me in this matter I will now shew how I came into the business of Farming the Customs not voluntarily or upon my Suit nor did I ever intend it but was commanded and enforced to it and came in meerly for the doing of the King a Service and if it prove a Bargain of advantage I never knew the making of a good Bargain turned on a man as Treason It was justly fairly and honestly procured and prove it never so beneficial that can never make it a Crime His Majesty hath been from time to time acquainted with the increase of this business most exactly and truly it rising indeed beyond all imagination the Customs when we entred on them being but 12000 l. per annum and now your Lordships see what is proved and may judge with what truth they inform in the Remonstrance out of Ireland that Trade is decayed On their own shewing by the Testimony of my Lord Renula and others it appears that when they were Farmers there was 6000 l. paid to the King and a Devident of the other moity which came to 3700 l. So the whole value of the Customs was then 13400 l. His Lordship desired that my Lord Cottington might be asked a few Questions Lord Cottington being asked Whether in the Seventh year of the King there was not a Bargain concluded by the late Lord Treasurer the Earl of Portland with Captain Williams Captain Henshawe and others for the Customs of Ireland paying 15500 l. Rent and 8000 l. Fine His Lordship Answered That he conceives my Lord of Portland rested satisfied that he had made that Bargain for the Rent and Fine and that he so understood it as to acquaint His Majesty with it and understood it to be a very good Bargain Being asked Whether did not Williams afterwards relinquish the Bargain His Lordship Answered That he well remembers he did refuse it and he thinks he refused it because Henshawe was the chief man in it and he died and thereupon Williams flew off And that my Lord of Portland was very much troubled because Williams and the rest fell off as he remembers Being asked Whether after they had given it over any body would give so much as they offered He Answered He thinks there was no body that came near it at least he never heard so Being asked Whether after it was so left it was not undertaken by Sir Arthur Ingram and his Partners on the very tearms that Williams refused it paying only 100 l. a year more Rent He Answerd It is very true Sir Arthur Ingram and divers Partners by his procurement paid 100 l. more Rent and as he takes it the same Fine but for a quicker time for the first men were to have time and Sir Arthur Ingram was to pay it all in ready money My Lord of Strafford here added That Henshawe and the rest having given over the Bargain himself went to my Lord at Rohampton and found that these other Partners that had it afterwards would undertake the Farm if he the Earl of Strafford would be a Partner with them which was a thing he never intended but refused Therefore on his Lordships Motion Lord Cottington was further asked Whether being moved by my Lord of Portland to come into the Farm he the Earl of Strafford did absolutely tell my Lord of Portland that he would not meddle therewith not knowing how it would be interpreted that he being the King's Deputy should be a Farmer His Lordship Answered That he well remembers my Lord of Portland did conceive that to draw in these later Farmers it was very necessary and all the Succor they had to have my Lord of Strafford a Partner in it because they conceived they should thrive in the Bargain if he having so great a Power were a Partner so it lay on my Lord of Portland to perswade him to yield to it and my Lord of Portland told him That if my Lord of Strafford would do the King that Service he should not lose by it And though my Lord of Strafford was unwilling to come in for a part yet at last he did and his coming in drew in the rest as he the Lord Cottington thinks And further that my Lord Portland told the King of it and prepared the King to command him for the making of the Bargain depending on his taking of a part My Lord of Strafford here observed That he humbly conceived the Goodness and Grace of the King and the love of my Lord of Portland was such at that time that they would not have brought him into a business that should be laid to his Charge as Treason Lord Cottington being on Mr. Maynard's motion asked about the time whether it was 7 Car. His Lordship Answered That he must refer himself to the Grant for the Lease my Lord of Strafford shewed did follow immediately after Sir Arthur Ingram being on my Lord of Strafford's Motion Examined to divers of the Points before proposed to the Lord Cottington He Answered He conceives there was a Bargain made by my Lord Treasurer and my Lord Cottington with Williams and Henshawe for 15500 l. a year and as he conceives 8000 l. Fine and this was under their hands in Writing as he heard That he knew nothing that my Lord of Strafford was to be a Partner or to have any Interest in it That he conceives Williams did clearly refuse it after Henshawes death what other Reasons he had he knows not That he cannot tell nor doth remember that my Lord of Strafford used means to perswade Williams to stand to that Bargain but certainly Williams was perswaded much by my Lord of Portland Being asked Whether it was so left by Williams did not he and his Partners undertake the Farm He Answered That he was several times offered to come into that Farm and from time to time refused it That Williams pressed him exceeding much and others before him and he was moved to it by one Cogan but refused it That the truth is his Son Arthur Ingram was Partner in it and there came in my Lord Mountnorris Sir George Ratcliffe and one Cogan that they laboured much he should take the Farm and he had much ado to be brought in Being asked Whether these came in upon the same Tearms offered to Williams He Answered It will appear on the Warrant to the then Attorney Sir Robert Heath that they paid 15500 l. Rent and 8000 l. Fine and whereas the Officer should have paid it at six and six months these were to pay ready money Being asked Whether he had moved my Lord of Strafford to be a Partner in it He Answered That he doth not remember he ever said so but it might much encourage him to come in if
Opinion though he seems to Argue against it Is any thing more familiar than for a Man to seem to be of an Opinion to gain a Reason to confirm that Opinion which he is of and contrary to that he seems to defend by this means to get the strength of other Mens Reasons to confirm his own by Again Is any thing more familiar in private Discourse between Man and Man than when one is so far on that side the Line for the other to go as far himself that he may meet the first Man in the midst If a man meet with one that is as far below as himself is above and shall seem to maintain further than his Reason and Belief carries him to bring the other to moderation Shall this be charged on him as a Treason If words spoken to Friends in familiar Discourse spoken in ones Chamber spoken at ones Table spoken in ones Sick-Bed spoken perhaps to gain better Reason to give himself more clear light and judgment by reasoning If these things shall be brought against a man as Treason this under favour takes away the Comfort of all Humane Society By this means we shall be debarred of Speaking the Principal Joy and Comfort of Society with wise and good Men to become wiser and better our lives If these things be strained to take away Life and Honor and all that is desirable it will be a silent World a City will become an Hermitage and Sheep will be found amongst a Crowd and Press of People and no Man shall dare to impart his Solitary Thoughts or Opinion to his Friend and Neighbor but thereby be debarred from consulting with wiser Men then himself whereby he may understand the Law wherewith he ought to be governed But these be but words all the while and if he shall shew that words of a higher nature shall by the Judgment of an English Parliament be thought not to be Treason Why should he think or imagine or fear that their Lordships will make these indiscreet and idle Expressions of his reach so high as his Head and take the Comfort of his Life and Children from him No Statute makes Words Treason and if the Fundamental Law the Common Law of the Land had made them Treason surely the Parliament would never have set a Mulct upon them This Statute is 1 Ed. 6. cap. 12. as followeth BE it Enacted by the Authority aforesaid if any person or persons do compass and imagine by open Preaching express words or saying to depose or deprive the King His Heirs or Successors from His or their Royal Estate or Title or openly publish or say by express words or saying That any other person or persons other then the King His Heirs or Successors of right ought to be c. These be words of higher nature than those charged upon himself and yet the first offence is made but loss of Goods and Imprisonment for the second loss of Lands Goods and Imprisonment the third time is only made Treason He added That their Lordships will never think these words being flym-flam that pass in a negligent manner betwixt Man and Man shall ever be brought to be Treason And whereas 25 E. 3. hath these words When a Man doth Compass or Imagine the death of our Lord the King The very words are mentioned in 1 E. 6. When a man doth compass or imagine by open Preaching c. to Depose the King And the first Statute provides That if a Man shall compass the Death of the King and be not thereof attainted by open Deed it is not Treason And the Statute of H. 4. and 1 Mar. concurr with this and shew That the intent of these was to take away the danger the Subject might incurr if bare words should be brought against him as Treason And it hath been the Wisdom of their Lordships noble Ancestors and this State that they have alwayes endeavoured to conclude the danger that may fall on the Subject by Treason that it might be limited and bounded and that it might be so understood as to be avoided and he hopes we shall never be so improvident as to sharpen this two-edged Sword against our selves and the faces of our Posterity and to let the Lion loose to tear us all in pieces for if way be given to Arbitrary Treason and to the Wits of Men to work upon it to prejudice or question Life it would be very dangerous And he believes That in this Hall there would be Actions of Treason that would fly as familiarly up and down as Actions of Trespass and therefore since by the goodness of our King and the wisdom of our Ancestors we have been thus provided for why we should entangle our selves into the straights they could not endure but endeavoured by all means to free themselves from the dangers that familiarly follow them he cannot see To the First Part of the 23 d Article concerning the last Parliament the Gentlemen have reserved themselves till to morrow and therefore he shall not need to speak to that and so there will remain nothing for him to Answer but the last part of the Act with the next Charge concerning words spoken at the Council-Board or at the Committee for Scotch Affairs viz. That His Majesty having tried the Affections of His People He was loose and absolved from all Rules of Government and was to do every thing that Power would admit and that His Majesty had tried all wayes and was refused and should be acquitted both before God and Man and that he had an Army in Ireland which he might employ to reduce this Kingdom to Obedience Concerning this particular he says he remembers not anything but what Mr. Treasurer is pleased to speak of And whereas Mr. Treasurer as concerning that part said He loves to speak the truth my Lord of Strafford said He doubts not but he doth for that we should all do he is sure of it But Mr. Treasurer has reversed his Testimony in saying that he will not speak to the very words themselves but to these or words to the like effect and if he be not mistaken and to the best of his remembrance That His Majesty having tryed all wayes and being refused in this extream necessity and for the safety of the Kingdom and People He might do c. And that Your Majesty hath an Army in Ireland which You may employ there he said at first And afterwards which You may employ to this Kingdom And he saith he doth not interpret these words but gives the words clearly and plainly as my Lord of Northumberland hath declared and that it was soon after the Dissolution of the last Parliament to his best remembrance and at the Committee of 8 and he thinks my Lord spake them positively or something to that effect Now whereas he calls in to his aid my Lord of Northumberland under favour my Lord of Northumberland declared no such words but absolutely denies in his Examination that he ever
appointed a Etight of the clock A SUMMARY OF THE EVIDENCE Of my Lord of STRAFFORD April 12. THis Day being appointed for the Summing up of the Evidence formerly given on both sides in the Cause concerning my Lord of Strafford The Right Honourable the Lord Steward spake in substance as followeth My Lord of Strafford I am Commanded by my Lords to let you know that they do expect your Lordship will go on in the Order set to sum up your Lordships Evidence and those Gentlemen of the House of Commons will likewise sum up theirs for the Close of Proofes in Matter of Fact and that your Lordship do it with all Clearness and Succinctness avoiding any thing that may give Impediment to the Clear and Fair Proceeding of the Cause which for matter of Fact is come to a Period My Lord of Strafford humbly desired That he might clearly understand what was expected in that case and then he would perfectly obey my Lords in all things adding that he Conceives their Lordships intention is that they shall go upon what hath been alleadged before their Lordships without any new matter to be further alleadged on either side Whereunto my Lord Steward replyed That if there be any new matter God forbid but they might alledge it And my Lord Strafford thereupon Answered That he will offer no New Matter unless it should arise from the other side professing himself ready to be disposed of in all Acts of Obedience to their Lordships And then his Lordship proceeded to Recollect his Evidence in Substance as followeth May it please your Lordships it falls to my turn by your Lordships leave and favour to presume to put you in mind and to represent to you the Proofes as they have been offered which I shall do to the best of my Memory with a great deale of Clearness I shall desire to represent them neither better nor worse then they are in themselves and I wish the like Rule may be observed on the other side For in the proceeding of this Cause I heard them alleadge that as they conceived divers Articles were fully proved Whence I conceive there was nothing fully Proved My Lords my Memory is weak my health hath been impayred and I have not had such quiet thoughts as I desired to have had in a business of so great and weighty importance to me And therefore I shall most humbly beseech your Lordships that by your Wisdom your Justice and Goodness I may be so much bound to you as to have my Infirmities supplyed by your better Abilities better Judgments and better Memories My Lords The Charge I am to Answer is a Charge of High-Treason and that which makes it the most grievous of all it is an Impeachment of Treason from the Honourable House of Commons Were not that in the Case my Lords it would not press so heavy and sore upon me as now it doth having the Authority and Power of their Names upon it Otherwise my Lords the Innocency and the Clearness of my own heart from so Foul a Crime is such that I must with Modesty say if I had no other sin to answer for it would be easily borne My Lords as I went along Article by Article These Gentlemen were pleased to say They were no Treasons in themselves but Conducing to the Proof of Treason and most of the Articles being gone over they come to the Point at last And hence my Lords I have all along watched to see if that I could find that Poysoned Arrow that should Invenome all the rest that Deadly Cup of Wine that should intoxicate a few alledged Inconveniences and Misdemeanors to run them up to High Treason My Lords I confess it seems very strange to me that there being a special difference between Misdemeanors and between Felonies and Treasons How is it possible that ever Misdemeanors should make Felonies or a hundred Felonies make a Treason Or that Misdemeanors should be made Accessaryes to Treason where there is not a Principal in the Case No Treason I hope shall be found in me nor in any thing I hear to be charged under favour and not waved They say well That if a man be taken threatning of a man to kill him Conspiring his death and with a Bloody Knife in his hand these be great Arguments to convince a man of Murder But then under favour the man must be killed for if the man be not killed the murder is nothing So all these things that they would make conduce to Treason unless something be Treasonable under favour they cannot be applyed to Treason My Lords I have learnt that in this Case which I did not know before that there be Treasons of two kinds there be Statute-Treasons there be Treasons at Common-Law or Treasons Constructive and Arbitrary My Lords These Constructive Treasons have been strangers in this Common-wealth a great while and I trust shall be still by your Lordships Wisdom and Justice But as for Treasons in the Statute I do with all gladness and humility acknowledge your Lordships to be my Judges and none but you under favour can be my Judges His Majesty is above it the King Condemns no Man the great operation of His Scepter is Mercy His Justice is dispensed by His Ministry so He is no Judge in the Case with Reverence be it spoken and likewise no Commoner can be Judge in the Case of Life and Death under favour in regard he is of another Body So that my Lords I do acknowledge entirely you are my Judges and do with all chearfulness in the World submit my self unto you thinking that I have great cause to give God thanks that I have you for my Judges and God be praised it is so and Celebrated be the Wisdom of our Ancestors that have so ordained it My Lords I shall observe these Rules First I shall as I hope clear my self of Statute Treason and then shall come to Constructive Treason or Treason at the Common-Law The first point they Charge me withal of Treason is upon the Fifteenth Article Wherein neverthess before I come to Answer the Particulars I must humbly inform your Lordships that in that Article two of the most material Charges are waved in the first part that piece of the Charge that sounds so high concerning a Miscarriage in me in Levying Money upon the Towns of Baltemore Bandenbridge Talow of that I hear nothing and I shall mention it only thus farr humbly to remember your Lordships that in that particular I trust I have spoken nothing that I should merit less belief of your Lordships For my part it is far from me to put you upon any prejudice by any means whatsoever I look onely to the preserving of my self if it may be without prejudice and hurt to any living Soul Then they likewise wave another piece of the Charge and that is that I should by force of Armes dispossess divers persons in the Territory of Idengh and well they may for in truth
By my Faith I fear and doubt very much these Fears and Doubts might Accuse me and Condemn me of Treason more then once a Year But my Lords his Fears and Doubts he may keep to himself I hope they shall not be brought any way to the prejudice of me I am I thank God both confident and knowing there is no such thing The next is the Testimony of Mr. Treasurer Vane and the Words Mr. Treasurer doth Witness against me in that particular are as I conceive these that I should say to His Majesty in an Argument concerning an Offensive or Defensive War with Scotland Your Majesty hath tryed all wayes and are refused and in this extream necessity for the safety of the Kingdom and Your People You may imploy the Irish Army to reduce this Kingdom My Lords To this I say that under favour Mr. Treasurer was in this methoughts a little Dubious he was something doubtful for at the first he told your Lordships he would deal plainly and clearly with you that he knew before whom he spoke and then my Lords it was but to the best of his Remembrance that these and these words were spoken At the last my Lords being put to it more he was pleased to say that these were positively the words or something to that effect So my Lords here is but a dubious and uncertain Witness under favour and these Professions of his speaking clearly and plainly and of his Consideration before whom he was which are something unusual Clauses to Men that come to Swear upon Oath make me conceive him something Dubious in this point Secondly My Lords he is a Single Witness and not onely so but under favour disavowed by all the rest that were present at the Council my Lord of Northumberland remembred no such thing my Lord Marquiss of Hamilton remembred no such thing my Lord Treasurer remembred no such thing my Lord Cottington is very well assured he said no such thing for if he had he should have taken offence at it himself which he never did My Lords in the Third place He is pleased to mention That it was in a Debate Whether an Offensive or Defensive War and that then I should say The King had an Army in Ireland c. My Lords It falls out in time to be as I conceive to be about the 5 th of May last not many dayes sooner or later the Army of Ireland was not raised till Iune following So it seems I should tell the King a great untruth that he had an Army in Ireland which he might imploy for His Service before that Army was raised for it is a notorious thing and any of that Country knows that the Army was not raised till the Fifteenth of Iune as I remember Lastly In farther taking away of this Testimony I have proved it by a great many Witnesses beyond all exception that there was never any such intendment of the bringing this Army into England nay that the Design was quite otherwise and this hath been apparently cleared before your Lordships By the Testimony of my Lord of Northumberland Marquess of Hamilton Sir Thomas Lucas and Mr. Slingsby And might have been further justify'd by the Testimony of my Lord of Ormond President of Munster and Sir Iohn Burlace Master of the Ordnance in Ireland if they had been here to have been produced So that all these laid together the strong and clear proof on my part the producing of a single Witness which by the Proviso of 1 Edw. 6. cannot rise in Judgment against any man for High-Treason I trust all these laid together I shall appear to your Lordships clear and free from these two points whereupon they enforce me to be within the compass of Treason by the Statute alleadged The Third Treason that is laid to my Charge is upon the 27 th Article where Four Musquettiers being sent to Egton by Sergeant Major Yawerth to call for their Eight pence a day is prest upon me as a Levying of War upon the King and His People and to be High-Treason upon the Statute of 25 E. 3. These be wonderful Wars if we have no greater Wars then such as four men are able to raise by the Grace of God we shall not sleep very unquietly But How do they prove this to be done by me they produce to your Lordships the VVarrant of Sir William Pennyman but had no VVarrant at all of mine to shew Sir William Pennyman doth not alledge any VVarrant of mine to that purpose he speaks of a General VVarrant wherein I and the Deputy-Lieutenants joyne for the paying of the Fortnights pay as they call it and that is very true but that I should give VVarrant to Levy by Soldiers no such thing is proved no such thing is shewed no such thing is alleadged by Sir William Pennyman that best knew it and should do it in his own Justification if there were such a thing but on the other side I must humbly beseech your Lordships to mind you what a clear and full proofe I made thereof to you till you were weary though I think I could have continued it a year longer if need had been that there was nothing done by me in the Levying of the first Months pay or the second Fortnights pay but with full consent of the Country nothing being of Constraint nothing being of force put upon them The Second point was a VVarrant shewed to your Lordships or at least pretended from Sir Edward Osborne the Vice-President wherein he charges them to obey and persue the substance and direction of his VVarrant on pain of Death and this must likewise be laid to me My Lords I confess I have faults enough more then a good many though I trust neither so crying nor grievous as some would pretend them to be but Faults I have more then too many I need not take nor add to my self other Mens but whether this be a Fault or no I cannot undertake to Judge But certainly I am in no Fault for I was at when this VVarrant issued from Mr. Vice-President and I dare say he is a Gentleman so worthy and noble and so great a Lover of Truth that let him be examined upon Oath if he shall not absolutely clear me from Privity or Direction of it I so much rely on him that I will be thought Guilty before your Lordships for this Charge Now my Lords having gone over all that first part which I thought fit to apply my self to and that is Statute-Treason There is no Statute-Treasons in the whole Charge nor colour or pretence thereof save onely that of Newcastle which was waved In these my Lords I hope I am clear before your Lordships and sure I am they give me little disquiet for in good faith I am clear in my own poor Judgment Then comes in the second Condition of Treason in the charge and that is Constructive-Treason and it is laid down in the first Article of the General Charge For my
very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this Prisoner having committed so many Treasons although he should pay all these Forfeitures will be still a Debtor to the Common-wealth nothing can be more equal then that he should perish by the Justice of that Law which he would have Subverted neither will this be a new way of Blood There are Marks enough to trace this Law to the very Original of this Kingdom and if it hath not been put in Execution as he alleadgeth this 240 years it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no whit less liable to punishment because he is the onely Man that in so long a time hath ventured upon such a Treason as this It belongs to the Charge of another to make it appear to your Lordships that the Crimes and Offences proved against the Earl of Strafford are High-Treason by the Lawes and Statutes of this Realme whose Learning and other Abilities are much better for that Service But for the time and manner of performing this we are to resort to the Direction of the House of Commons having in this which is already done dispatched all those Instructions which we have received and concerning further Proceedings for clearing all Questions and Objections in Law your Lordships will hear from the House of Commons in Convenient time THE ARGUMENT Of Mr. LANE The PRINCE'S ATTORNY-GENERAL On the Behalf of the Earl of STRAFFORD In Point of Law MY Lords I shall not at all touch the Matter of Law further than to clear your Judgments of one Statute only viz. 25 E. 3. because when the same was Alleadged by the Lord Strafford in his own Defence that not being Convict of the Letter thereof he could not be Convict of Treason Remember the Salvo of the Statute was much insisted upon by those from the House of Commons as much Conducing to their Ends. My Lords I will first speak of the Statute it self and then of it's Salvo or Provision The Statute is That if any Man shall Intend the Death of the King His Queen their Children kill the Chancellor or Judge upon the Bench Imbase the Kings Coyn or Counterfeit the Broad-Seal c. he shall be Convict and Punisht as a Traytor That the Lord Strafford comes not within the Letter of this Statute is not so much as once alleadged nor indeed it cannot be with any Reason All that can be said is That by Relation or by Argument a Minore ad Majus he may be drawn into it yet that this cannot be I humbly offer these Considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a Contradiction to themselves and be no more Declarative Laws but Lawes of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestion'd hold good can admit of no Constructions or Inferences for Penalties are to perswade the Keeping of Known Lawes not of Lawes Conjectural Ambiguous and by Consequence which perhaps the most Learned may not in their Disputes question much less the Subject who is not obliged to Interpret the Statute doubt of in the point of Obedience yea rather without any doubt he is rather to obey the Letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a Notable Law 13 Eliz. cap. 2. whereby it is declared That the Bringing in of Bulls from Rome to stir up the Subject to Mutiny and Rebellion shall be punished as Treason Now if by Interpretation or by Consequence this Sence might have been thrust upon the Preceding Statutes the making of this had been superfluous yea the Persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Anno 21 Edw. 3. We have a Statute declaring That for a Servant to Kill his Master is an Act of Treason and in the 23 th year of the same King a Process of Treason was framed against a Man for Killing his Father grounded upon the same Argument a Minore ad Majus But it was found and the Sentence is yet in Records that although in the 21 th year of Edward the Third that Argument might have been admitted yet in the 27 th it could not by Reason of the Declarative Law Intervening in the 25 th year and this Case comes very home to the Point in Law My Lords I will not demand What kind of Offence it may be for a Man to Subvert the Fundamental Laws of the Kingdom the Crime doubtless is Unnatural and Monstrous and the Punishment must keep the same Proportion only I Presume to Offer these few things to your Lordships Consideration 1. That one or more Acts of Injustice whether Malitiously or Ignorantly done can in no sence of Law be called The Subversion of the Fundamental Laws if so as many Judges perhaps so many Traytors 't is very Incident to Mans Nature to erre nor doth the Lord Strafford plead his Innocency in Oversights but in Treason 2. I do Remember the Case of Iohn de la Pole Duke of Suffolk this Man in the 28 th of Henry the Sixth was Charged by the House of Commons with Articles of Treason and those too very like to these against my Lord Strafford I. That he had given the King bad Advices II. That he had Embased His Coyn. III. That he had Sessed Men of War IV. That he had given out Summary Decrees V. That he had Imposed Taxes VI. That he had Corrupted the Fountain of Justice VII That he had perswaded the King to Unnecessary War and the giving over of Anjou in France And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after a long agitation the Matter was found by the Lords of the Parliament not to Imply Treason but only Felony Add to this another who in the 23 d of Henry the Eighth was Charged for subverting the English Laws and yet no Treason charg'd upon him Add to both the Charge of Richard Larkes Pleaded at the Common-Pleas who was Charged with Treason for Subverting the Law but Convicted onely of Felony By which you may see my Lords what to this time hath been Subverting the Lawes 3. It is very considerable That the Lord Strafford is not charged to have Subverted but onely to have Intended to Subvert the Fundamental Lawes and this I conceive if there were no more might keep him free from that Statute the 25 th of Edward the Third For although as touching the
Soldiers upon the Refusers in an Hostile manner Sixthly Was an Incendiary of the War between the two Kingdomes of England and Scotland My Lords We shall leave it to your Lordships Judgments whether these Words Counsels and Actions would not have been a sufficient Evidence to have Proved an Indictment drawn up against him as those before mentioned and many others are That they were spoken and done to the Intent to draw the Kings heart from the People and the Affections of the People from the King that they might leave the King and afterwards rise up against him to the destruction of the King If so here is a Compassing of the Kings Death within the Words of the Statute of 25th year of Edward the Third and that Warranted by many former Judgments My Lords I have now done with the Three Treasons within the Statute of the Twenty fifth of Edw. 3d. I proceed unto the Fourth upon the Statute of the Eighteenth year of Henry the Sixth Chapter the third in Ireland and I shall make bold to read the words to your Lordships That no Lord nor any other of what condition soever he be shall bring or lead Hoblers Kernes or Hooded Men nor any other People nor Ho rses to lie on Horseback or on Foot upon the Kings Subjects without their good wills and consent but upon their own costs and without hurt doing to the Commons and if any so do he shall be adjudged as a Traytor 1. The Argument that hath been made concerning the person that it extends not to the King and therefore not to him weighs nothing with your Lordships Rex non habet in Regno parem from the greatness of his Office to argue himself into the same impossibility with His Sacred Majesty of being incapable of High-Treason it 's an Offence no Treason The words in the Statute No Lord nor any other of what condition soever he be include every Subject In Trinity Terme in the Three and thirtieth year of Henry the Eighth in the Kings-Bench Leonard Lord Gray having immediately before been Lord Deputy of Ireland is Attainted of High-Treason and Judgment given against him for letting diverse Rebels out of the Castle of Dublin and discharging Irish Hostages and Pledges that had been given for securing the Peace for not punishing one that said That the King was an Heretique I have read the whole Record there 's not one thing laid to his Charge but was done by him as Lord Lieutenant He had the same Plea with my Lord of Strafford That these things were no adhering to the Kings Enemies but were done for Reasons of State that he was not within those words of the Statute of the 25 of Edw. 3. himself being Lord Lieutenant there Object It hath been said That the Soldiers sessed upon the Subjects by him were not such persons as are intended by that Statute Hoblers Kernes and Hooded Men those Rascally people Answ. My Lords they were the names given to the Soldiery of those times Hoblers Horsemen the other the Foot But the words of the Statute go further Nor any other People neither Horse nor Foot His Lordship sessed upon them both Horse and Foot Object The Statute extends onely to those that lead or bring Savil led them my Lord onely gave the Warrant Answ. To this I shall onely say thus Plus peccat author quam Actor by the rule of the Law Agentes consentientes pari plectuntur poena if consent much more a Command to do it makes the Commander a Traytor If there be any Treason within this Statute my Lord of Strafford is Guilty It hath been therefore said That this Statute like Goliah's Sword hath been wrapt up in a Cloath and laid behind the door that it hath never been put in execution My Lords if the Clarke of the Crown in Ireland had certified your Lordships upon search of the Judgments of Attainders in Ireland he could not find that any man had been attainted upon this Statute your Lordships had had some ground to believe it Yet it s onely my Lord of Straffords Affirmation besides your Lordships know that an Act of Parliament binds until it be repealed It hath been therefore said That this Statute is repealed by the Statute of the 8 Ed. 4. Cap. 1. and of the 10th of Hen. 7. Cap. 22. because by these two Statutes the English Statutes are brought into Ireland The Argument if I mistook it not stood thus That the Statute of the First of Henry the 4th the 10th Chap. saith That in no time to come Treason shall be adjudged otherwise then it was ordained by the Statute of the 25 E. 3. that the reason mentioned in the Eighteenth year of Henry the Sixth in the Irish Statute is not contained in the 25 Edw. 3. and therefore contrary to the Statute of the 1 Hen. 4. it must needs be void If this were Law then all the Statutes that made any new Treason after the First of Henry 4th were void in the very Fabrick and at the time when they were made hence likewise it would follow that the Parliament now upon what occasion soever hath no Power to make any thing Treason not declared to be so in the Statute 25 Edw. 3. This your Lordships easily see would make much for the Lord of Straffords advantage but why the Law should be so your Lordships have onely as yet heard an Affirmation of it no reason But some touch was given that the Statute of the tenth year of Henry the Seventh in words makes all the Irish Statutes void which are contrary to the English The Answer to this is a denial that there are any such words in the Statute The Statute declares that the English Statutes shall be effectual and confirmed in Ireland and that all the Statutes made before time to the contrary shall be revoked This repeals only the Irish Statutes of the tenth year of Henry the Fourth and the Nine and twentieth year of Henry the Sixth which say that the English Statutes shall not be in force in Ireland unless particularly received in Parliament it makes all the Irish Statutes void which say that the English Statutes shall not be in force there It is usual when a Statute sayes that such a thing shall be done or not done to add further that all Statutes to the contrary shall be void No likelihood that this Statute intended to take away any Statute of Treason but when in the Chapter next before this Murder there is made Treason as if done upon the Kings Person That this Statute of the Eighteenth year of Henry the Sixth remains on foot and not repealed either by the Statute of the Eighth year of Edward the Fourth or this of the Tenth year of Henry the Seventh appears expresly by two several Acts of Parliament made at the same Parliament of the tenth year of Henry the Seventh By an Act of Parliament of Henry the Sixth's time in Ireland it was made Treason for any Man
in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the First in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the Common-Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King Iohn and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent-Rolls of the 30th year of King Henry 3. the first Membrana the words are Quia pro Communi Utilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Iohannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Court in England where they receive their Degree and of them and of the Common-Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such as upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edw. 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgement belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of judging upon an Irish Statute the Pleas of the Crown for things of life and death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ. This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By
by Act of Parliament not only since the first of Hen. 4. which were many but all before 1 Hen. 4. even until the 25 E. 3. by express words 2. By express words it takes away all declared Treasons if any such had been in Parliament Those for the future are likewise taken away so that whereas it might have been doubted whether the Statute of the 1 H. 4. took away any Treasons but those of the 22 d and 23 d years of R. 2. This clears it both for Treasons made by Parliament or declared in Parliament even to the time of making the Statute This is of great use of great security to the Subject so that as to what shall be Treason and what not the Statute of 25 E. 3. remains entire and so by consequence the Treasons at the Common Law Only my Lords it may be doubted whether the manner of the Parliamentary proceedings be not altered by the Statute of 1 H. 4. Chap. 17. and more fully in the Parliament Roll Number 144 that is whether since that Statute the Parliamentary power of Declaration of Treasons whereby the inferiour Courts Receive Jurisdiction be not taken away and restrained only to Bill that so it might operate no further then to that particular contained in the Bill that so the Parliamentary Declarations for after-times should be kept within the Parliament it self and be extended no further Since 1 H. 4. we have not found any such Declarations made but all Attainders of Treason have been by Bill If this be so yet the Common-Law Treasons still remaining there is one and the same ground of reason and equity since the 1 H. 4. for passing a Bill of Treason as was before for declaring of it without Bill Herein the Legislative power is not used against my Lord of Strafford in the Bill it s only the jurisdiction of the Parliament But my Lords because that either through my mistaking of the true grounds and reasons of the Commons or my not pressing them with apt agreements and presidents of former times or that perchance your Lordships from some other Reasons and Authorities more swaying with your Lorpships Judgments then these from them may possibly be of a contrary or dubious opinion concerning these Treasons either upon the Statutes of 25 E. 3. 18 H. 6. or at the Common-Law My Lords If all these five should faile they have therefore given me further in Command to declare to your Lordships some of their Reasons why they conceive that in this case the meer Legislative Power may be exercised Their reasons are taken from these three grounds 1. From the nature and quality of the Offence 2. From the Frame and Constitution of the Parliament wherein this Law is made 3. From Practices and Usages of former times The horridness of the Offence in endeavouring the overthrowing the Lawes and present Government hath been fully opened to your Lordships heretofore The Parliament is the Representation of the whole Kingdom wherein the King as Head your Lordships as the most Noble and the Commons the other Members are knit together into one Body Politick This dissolves the Arteries and Ligaments that hold the Body together the Lawes He that takes away the Lawes takes not away the Allegiance of one Subject alone but of the whole Kingdom It was made Treason by the Statute of 13. Eliz. for Her time to affirm that the Lawes of the Realm do not bind the Descent of the Crown no Law no Descent at all No Lawes no Peerage no Rankes or Degrees of men the same Condition to all It 's Treason to kill a Judge upon the Bench this kills not Iudicem sed Iudicium He that borrowed Apelles and gave Bond to return again Apelles the Painter sent him home after he had cut off his Right Hand his Bond was broken Apelles was sent but not the Painter There are Twelve Men but no Law there 's never a Judge amongst them It 's Felony to Imbezle any one of the Judicial Records of the Kingdom this at once Sweeps them all away and from all It 's Treason to Counterfeit a Twenty shillings piece here 's a Counterfeiting of the Law we can call neither the Counterfeit nor True Coyn our own It 's Treason to Counterfeit the Great-Seal for an Acre of Land no property hereby is left to any Land at all nothing Treason now either against King or Kingdom no Law to punish it My Lords If the Question were Asked at Westminster-Hall Whether this were a Crime punishable in Star-Chamber or in the Kings-Bench by Fine or Imprisonment they would say it went higher If whether Felony they would say that 's for an Offence only against the Life or Goods of some one or few persons It would I believe be answered by the Judges as it was by the Chief Justice Thurning in 21 R. 2. that though he could not Judge the Case Treason there before him yet if he were a Peer in Parliament he would so Adjudge it My Lords if it be too big for those Courts we hope it 's in the right way here 2. The second Consideration is from the Frame and Constitution of the Parliament the Parliament is the great Body Politick it comprehends all from the King to the Beggar if so My Lords as the Natural so this Body it hath power over it self and every one of the Members for the preservation of the whole It 's both the Physitian and the Patient If the Body be distempered it hath power to open a Vein to let out the corrupt blood for curing it self if one Member be Poysoned or Gangred it hath power to cut it off for the preservation of the rest But my Lords it hath often been inculcated that Law-makers should imitate the Supreme Law-giver who commonly warnes before he strikes The Law was promulged before the Judgment of death for gathering the Sticks No Law no Transgression My Lords To this rule of Law is Frustra legis auxilium invocat qui in legem committit from the Lex talionis he that would not have had others to have a Law Why should he have any himself Why should not that be done to him that himself would have done to others It 's true we give Law to Hares and Deers because they be Beasts of Chase It was never accounted either cruelty or foul play to knock Foxes and Wolves on the head as they can be found because these be Beasts of Prey The Warrener sets Traps for Polcats and other Vermine for preservation of the Warren Further my Lords most dangerous Diseases if not taken in time they kill Errors in great things as War and Marriage they allow no time for repentance it would have been too late to make a Law when there had been no Law My Lords for further Answer to this Objection he hath offended against a Law a Law within the endeavouring to subvert the Lawes and Polity of the State wherein he lived which had so long and with such
faithfulness protected his Ancestry Himself and his whole Family It was not Malum quia prohibitum it was Malum in se against the Dictates of the dullest Conscience against the Light of Nature they not having a Law were a Law to themselves Besides this he knew a Law without that the Parliament in Cases of this Nature had Potestatem vitae necis Nay he well knew that he offended the Promulged and Ordinary Rules of Law Crimes against Law have been Proved have been Confessed so that the Question is not De culpa sed de poena What degree of Punishment those Faults deserve We must differ from him in Opinion That twenty Felonies cannot make a Treason if it be meant of equallity in the use of the Legislative Power for he that deserves death for one of these Felonies alone deserves a Death more Painful and more Ignominious for all together Every Felony is punished with loss of Life Lands and Goods a Felony may be aggravated with those Circumstances as that the Parliament with good reason may add to the Circumstances of Punishment as was done in the Case of Iohn Hall in the Parliament of the 1 H. 4. who for a Barbarous Murder committed upon the Duke of Glocester Stifling him between two Feather-Beds at Calice was Adjudged to be Hanged Drawn and Quartered Batteries by Law are only punishable by Fine and single Damages to the Party Wounded In the Parliament held in 1 H. 4. Cap. 6. one Savage committed a Battery upon one Chedder Servant to Sir Iohn Brooke a Knight of the Parliament for Somersetshire It 's there Enacted that he shall pay double Damages and stand Convicted if he render not himself by such a time The manner of proceedings quickned and the penalty doubled the Circumstances were considered it concerned the Common-Wealth it was a Battery with Breach of Priviledge of Parliament This made a perpetual Act no warning to the first Offender and in the Kings Bench as appears by the Book-Case of 9 H. 4. the first leaf Double Damages were recovered My Lords in this of the Bill the Offence is High and General against the King and the Common-wealth against all and the best of all If every Felony be loss of Life Lands and Goods What is Misuser of the Legislative Power by Addition of Ignominy in the Death and Disposal of the Lands to the Crown the Publick Patrimony of the Kingdom But it was hoped that your Lordships had no more skill in the Art of killing Men then your worthy Ancestors My Lords this Appeal from your selves to your Ancestors we do admit of although we do not admit of that from your Lordships to the Peers of Ireland He hath appealed to them your Lordships will be pleased to hear what Judgment they have already given in the case that is the several Attainders of Treason in Parliament after the Statute of 25 E. 3. for Treasons not mentioned nor within that Statute and those upon the first Offenders without warning given By the Statute of 25 E. 3. it 's Treason to levy War against the King Gomines and Weston afterwards in Parliament in the 1 R. 2. n. 38 39 adjudged Traytors for surrendring two several Castles in France only out of fear without any Compliance with the Enemy this not within the Statute of 25th E. 3. My Lords In the 3 d of Rich. 2d. Iohn Imperiall that came into England upon Letters of Safe Conduct as an Agent for the State of Genoa sitting in the evening before his door in Breadstreet as the words of the Records are Paulo ante ignitegium Iohn Kirkby and another Citizen coming that way Casually Kirkby troad upon his Toe it being twilight this grew to a Quarrel and the Ambassador was slain Kirkby was Indicted of High-Treason the Indictment finds all this and that it was only done se defendendo and without malice The Judges it being out of the Statute 25 E. 3. could not proceed the Parliament declared it Treason and Judgment afterwards of High-Treason there 's nothing can bring this within the Statute of 25 E. 3. but it concerns the Honor of the Nation that the Publick Faith should be strictly kept It might endanger the Traffique of the Kingdom they made not a Law first they made the first man an Example this is in the Parliament-Roll 3 R. 2. Number 18. and Hillary Terme 3 R. 2. Rot. 31. in the Kings-Bench where Judgment is given against him In 11 R. 2. Tresilian and some others attainted of Treason for delivering Opinions in the Subversion of the Law and some others for plotting the like My Lords the Case hath upon another occasion been opened to your Lordships only this is observable that in the Parliament of the first year of Henry the Third where all Treasons are again reduced to the Statute of 25 E. 3. These Attainders were by a particular Act confirmed and made good that the memory thereof might be transmitted to succeeding Ages they stand good unto this day the offences there as here were the endeavouring the Subversion of the Laws My Lords after the 1 H. 4. Sir Iohn Mortimer being committed to the Tower upon suspition of Treason brake Prison and made his escape This no way within any Statute or any former Judgment at Common-Law for this that is for breaking the Prison only and no other cause in the Parliament held the second year of Henry the Sixth he was attainted of High-Treason by Bill My Lords Poysoning is only Murder yet one Richard Cooke having put Poyson into a Pot of Pottage in the Kitchin of the Bishop of Rochester whereof two persons dyed he 's Attainted of Treason and it was Enacted that he should be Boyled to Death by the Statute of 22 H. 8. c. 9. By the Statute of the 25 H. 8. Elizabeth Barton the Holy Maid of Kent for pretending Revelations from God That God was highly displeased with the King for being Divorced from the Lady Katherine and that in case he persisted in the Separation and should Marry another that he would not continue King not above one Moneth after because this tended to the depriving of the lawful Succession to the Crown she is Attainted of Treason My Lords all these Attainders for ought I know are in force at this day The Statutes of the First year of Henry the 4 th and the First of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferiour Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative power had been exercised There 's nothing in them whence it can be gathered but that they intended to leave it as free for the future My Lords In all these Attainders there were Crimes and Offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Lawes
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
House resolved presently to send 12 of the Peers Messengers to the King humbly to signifie That neither of the Two Intentions expressed in the Letter could with duty in them or without danger to Himself his dearest Consort the Queen and all the Young Princes their Children possibly be Advised all which being done accordingly and the Reasons shewed to His Majesty He suffered no more words to come from them but out of the fulness of His heart to the observance of Justice and for the Contentment of His People told them That what He intended by His Letter was with an if if it might be done without Discontentment of His People if that cannot be I say again the same I Writ Fiat Justitia My other Intnetion proceeding out of Charity for a few days Respite was upon certain Information that his Estate was so distracted that it necessarily required some few days for settlement thereof Whereunto the Lords Answered Their purpose was to be Suitors to His Majesty for favour to be shewed to his Innocent Children and if himself had made any provision for them the same might hold This was well-liking unto His Majesty who thereupon departed from the Lords At His Majesties parting they offered up into His hands the Letter it self which He had sent but He was pleased to say My Lords What I have Written to you I shall be content it be Registred by you in your House In it you see my mind I hope you will use it to my Honour This upon return of the Lords from the King was presently Reported to the House by the Lord Privy-Seal and Ordered that these Lines should go out with the Kings Letter if any Copies of the Letter were dispersed The House being informed That the Queen-Mother apprehending Her self in some danger by reason that divers words were scattered among the Tumultuous Assembly as if they had some design upon Her Person and those Priests which she had for Her own Houshold desired a Guard for Her Security Concluded that as to the Security of Her own Person they were bound in honour not to suffer any Violence to be done unto Her and so referred it to a Committee to consider what was fit to be done in order thereto Which being Reported by Mr. Henry Martyn he declared That the Committee had duely considered Her Majesties just Fears and therefore should agree to all good ways and means that might conduce to the safety of her Person But fearing that the said means may notwithstanding prove ineffectual for Her Protection That therefore the House would intreat the Lords to joyn with them humbly to beseech His Majesty That the Queen Mother may be moved to depart the Kingdom the rather for the Quieting of those Jealousies in the Hearts of His Majesties well-affected Subjects occasioned by some ill Instruments about the said Queens Person by the flocking of Priests and Papists to Her House and by the Use and Practice of the Idolatry of the Mass. Wednesday the 12th of May. THe Earl of Strafford was brought from the Tower to the Scaffold upon Tower-Hill where the Bishop of Armagh the Earl of Cleeveland Sir George VVentworth Brother to the said Earl of Strafford and others of his Friends were present to take their Leaves of him But before he fitted himself to Prostrate his Body to Execution he desired patience of the People to hear him speak a few words which the Author took from his Mouth being then there on the Scaffold with him viz. MY Lord Primate of Ireland and my Lords and the rest of these Noble Gentlemen It is a great Comfort to me to have your Lordships by me this day because I have been known to you a long time and I now desire to be heard a few words I come here my Lords to pay my last Debt to Sin which is Death And through the Mercies of God to rise again to Eternal Glory My Lords if I may use a few words I shall take it as a great Curtesie from you I come here to submit to the Judgment that is passed against me I do it with a very quiet and contented Mind I do freely forgive all the World a forgiveness not from the Teeth outward as they say but from my heart I speak in the presence of Almighty God before whom I stand that there is not a displeasing thought that ariseth in me against any Man I thank God I say truly my Conscience beares me Witness that in all the Honor I had to serve His Majesty I had not any Intention in my heart but what did aime at the Joynt and Individual prosperity of the King and His People although it be my ill hap to be misconstrued I am not the first Man that hath suffered in this kind It is a Common Portion that befalls men in this Life Righteous Judgment shall be hereafter here we are subject to Error and Misjudging one another One thing I desire to be heard in and do hope that for Christian Charities sake I shall be believed I was so far from being against Parliaments that I did always think Parliaments in England to be the happy Constitution of the Kingdom and Nation and the best means under God to make the King and His people happy As for my Death I do here acquit all the World and beseech God to forgive them In particular I am very glad His Majesty conceives me not meriting so severe and heavy a punishment as the utmost Execution of this Sentence I do infinitely rejoyce in it and in that Mercy of His and do beseech God to Return Him the same that He may find Mercy when He hath most need of it I wish this Kingdom all prosperity and happiness in the World I did it Living and now Dying it is my Wish I profess heartily my apprehension and do humbly recommend it to you and wish that every Man would lay his hand on his heart and consider seriously Whether the beginning of the peoples Happiness should be Written in Letters of Blood I fear they are in a Wrong Way I desire Almighty God that no one drop of my Blood rise up in judgement against them I have but one word more and that is for my Religion My Lord of Armagh I do profess my self seriously faithfully and truly to be an obedient Son of the Church of England In that Church I was born and bred in that Religion I have lived and now in that I dye Prosperity and Happiness be ever to it It hath been said I was inclined to Popery if it be an Objection worth the answering let me say truly from my heart that since I was Twenty one years of age unto this day going on 49 years I never had thought or doubt of the truth of this Religion nor had ever any the boldness to suggest to me the contrary to my best remembrance And so being reconciled to the Mercies of Jesus Christ my Saviour into whose bosom I
yet by his Speeches full of Oaths and Asseverations that we were Traitors and Rebels casting off all Monarchical Government c. He extorted from them four new Subsidies indicta causa before we were heard procured that a War was undertaken and Forces should be levied against us as a rebellious Nation which was also intended to be an example and precedent to the Parliament of England for granting Subsidies and sending a joynt Army for our utter ruine According to his appointment in Parliament the Army was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion Liberties and Laws and thereby laying upon us a necessity of vast charges to keep Forces on foot on the West Coast to wait upon his coming And as the War was denounced and Forces levied before we were heard So before the denouncing of the War our Ships and Goods on the Irish coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts by which they did take some and burn others of our Barques Having thus incited the Kingdom of Ireland and put his Forces in order there against us with all hast he cometh to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I return to that Honourable Sword I shall leave of the Scots neither root nor branch How soon he cometh to Court as before he had done very evil Office against our Commissioners clearing our proceedings before the point So now he useth all means to stir up the King and Parliament against us and to move them to a present War according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designs succeeded not that way in his nimbleness he taketh another course that the Parliament of England may be broken up and despising their Wisdom and Authority not only with great gladness accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as General Captain with power to invade kill slay and save at his discretion and to make any one or more Deputies in his stead to do and execute all the Power and Authorities committed to him According to the largeness of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their Declarations sent before them were coming in a peaceable way far from any intention to invade any of His Majesties Subjects and still to supplicate His Majesty for a setled Peace he gave order to his Officers to fight with them on the way that the two Nations once entred in Blood whatsoever should be the success he might escape Trial and censure and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms When the Kings Majesty was again enclined to hearken to our Petitions and to compose our differences in a peaceable way and the Peers of England convened at York had as before in their great wisdom and faithfulness given unto His Majesty Counsels of Peace yet this Firebrand still smoaketh and in that Honourable Assembly taketh upon him to breath out threatenings against us as Traitors and enemies to Monarchical Government and threatened that we be sent home home again in our blood and he will whip us out of England And as these were his Speeches in the time of the Treaty appointed by His Majesty at Rippon that if it had been possible it might have been broken up So when a cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for War his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to pass that the Ports of Ireland are yet closed our Countreymen for the Oath still kept in Prison Traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiary upon these and the like offences not against particular persons but against Kingdoms and Nations may be put to a Tryal and from their known and renowned Justice may have his deserved punishment THis Noble Earl was in person of a tall stature something inclining to stooping in his Shoulders his Hair black and thick which he wore short his countenance of a grave well composed Symetry and good Features only in his Forehead he exprest more Severity than Affability yet a very courteous Person And as he went from the Tower to the Scaffold his Countenance was in a Mild posture between dejection in contrition for Sin and a high Courage without perceiving the least affection of disguise in him He saluted the People as he walked on foot from the Tower to the Scaffold often putting off his Hat unto them sometimes to the right and sometimes to the left hand being apparelled in a Black cloth Suit having White Gloves on his Hands And tho at this time there were gathered together on the great open place on Tower-Hill where the Scaffold stood a numerous croud of people standing as thick as they could by one another over all that great Hill insomuch as by the modest computation they could not be esteemed to be less than 100000 people yet as he went to the Scaffold they uttered no reproachful or reflecting Language upon him He had Three Wives the First the Lady Margaret Clifford Sister to the Earl of Cumberland who left no issue The Second the Lady Arabella Hollis Sister to the Earl of Clare who left him his only Son William now Earl of Strafford and Two Daughters The Third Wife was Daughter to Sir Francis Rhodes of Yorkshire by whom he had one Daughter an Infant at the time of his death On the First of December in the 17th year of the Kings Reign by His Majesties Letters Patents his Son William was restored to all his Fathers Dignities and Titles and was made Knight of the most Noble Order of the Garter having doubled his Paternal Glorys and his own by marrying the worthy Daughter of two incomparable Parents Henrietta Maria the Daughter of Iames Earl of Darby and Charlotte Daughter of Claude Duke de Temoille and Charlotte of Nassaw Daughter to William Prince of Orange A brief Account of his Secretary Slingsby MR. Slingsby his Secretary after the death of this Noble Lord presently left the Kingdom and was received beyond the Seas into the Queens favour and by Her
Majesty designed Secretary to the Prince of Wales now Our Gracious Sovereign but in his zeal to the Kings service and to enable himself to attend Her Majesty upon Her Landing he transported himself into Cleveland where he had but a small Estate but so much a bigger Interest that in a very short time he levied Eight hundred Foot and Eighty Horse with intention to make up a full Regiment and Troop to wait upon the Queen He made his Quarters at Gisborough in Cleveland but before the Foot were disciplined in the use of Arms he was attacqued by Sir Hugh Cholmley with 1500 Horse and Foot and some Brass Drakes Mr. Slingsby who was wholly educated in Civil affairs never in the active Military part having timely notice of his Adversaries approach thought not of any retreat but addresses himself and party immediately to draw out and fight the Enemy notwithstanding the inequality in number At his first charge Mr. Slingsby having seasoned old Soldiers in his Troop which he brought out of Holland worsted their Horse and had some pursuit and execution but being allarmed behind by the noise of an engagement betwixt the Bodys of Foot found his Regiment totally dissipated beyond all hopes of rallying whereupon he employed his Courage upon the Enemies Foot in which Charge his Horse fell and himself wounded with many Case-shot and became prisoner The relation of Bloud moved Sir Hugh Cholmly to a generous regard and care of him he was carried back to Gisborough where in order to the saving of his life both his Legs were cut off above the knee after which he lived three days The Lady Slingsby his disconsolate Mother hastened from York betwixt hopes of Life and fear of Death to Gisborough where she found the late hopes of her Family and support of her age lying dead and Sir Hugh was as much concerned as his Parent for the loss of so accomplished a Gentleman His Body was carried to York and there with very Honourable Solemnitys interred in the Cathedral-Church after a Sermon preached by Dr. Bramhall then Bishop of London-derry and late Primate of Ireland who had a large experience of him He was eldest Son of Sir Guilford Slingsby of the Family of Screuen and Red-House in the County of York his Fathers Estate did lye in Cleveland in the said County he was Educated first at the University at St. Andrews in Scotland and afterwards studied some years in the University of Oxford Sir Guilford his Father dying the Earl of Strafford received this Gentleman in his Retinue among other young Gentlemen of Quality upon his going first into Ireland where his Deportment after some time made his Lord to promote him to be Secretary and afterwards Lieutenant of the Ordinance and Vice-Admiral of Munster Lastly his Lord made choice of him before all others to stand by him and manage all his Papers during his Confinement and Trial And immediately after the Bill of Attainder did pass both Houses the Earl wrote this ensuing Letter unto him A Letter from the Earl of Strafford to his Secretary Guilford Slingsby Esq after the passing of the Bill of Attainder under his own Hand I Would not as the case now stands for any thing you should endanger your self being a person in whom I shall put a great part of my future Trust and therefore in any case absent your self for a time yet so as I may know where you are and therefore send your man back that I may know whither to direct any thing I have to impart to you and that presently and after that let your man come as little about this place as may be your going to the King is to no purpose I am lost my Body is theirs but my Soul is Gods there is little trust in man God may yet if it please him deliver me and as I shall in the best way he shall enable me unto prepare my self for him so to him I submit all I have the person you were last withal at Court sent to move that business we resolved upon which if rightly handled might perchance doe something but you know my opinion in all and what my belief is in all these things I should by any means advise you to absent your self albeit never so innocent as you are till you see what becomes of me if I live there will be no danger for you to stay but otherwise keep out of the way till I be forgotten and then your return may be with safety I mean indeed to leave you one in Trust for my Children and thank you for your readiness to look after it Time is precious and mine I expect to be very short and therefore no part of it to be lost God direct and prosper you in all your ways and remember there was a person whom you were content to call Master that did very much value and esteem you and carried to his death a great stock of his affection for you as for all your services so for this your care towards me all this time of my Tryal and Affliction and however it be my misfortune to be decryed at present yet in more equal times my friends I trust shall not be ashamed to mention the Love to their Children for their Fathers sake Your Affectionate Friend STRAFFORD The Reflections of King CHARLES the I. upon the Earl of Straffords Death I Looked upon my Lord of Strafford as a Gentleman whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errors and many enemies whereof he could not but contract good store while moving in so high a sphear and with so vigorous a Luster he must needs as the Sun raise many envious exhalations which condensed by a Popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my judgment approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigor of Actions yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse rather what was safe than what seemed just preserring the outward peace of my Kingdoms with Men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that compliance on my part for plenary consent it was not to his destruction whom in my judgment I thought not by
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
great Piety he did publiquely express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding THE TABLE A. ABstract of the Earls Answer to the 28 Articles Pa. 22. to 30 Account Introductive of several Passages previous to the Tryal of Thomas Earl of Strafford p. 1. Accusation of High Treason of Thomas Earl of Strafford p. 3. Accusation of Sir George Ratcliffe p. 4. Act of Attainder at large 756. Mr. St. Johns Argument of Law concerning the same 675. to 705. It is read a Second time 47. Lord Digby's Speech to that Bill 50. Exceptions taken thereat by some Members 55 Act of Attainder as also the Act for continuance of this present Parliament past the Lords 755 A Message to the Lords to send to His Majesty for His consent to the Bill of Attainder and the continuance of this present Parliament 755. Act of Reversal of this Bill of Attainder 778 Adjournment of the Commons upon the Kings Speech May 1. 735. Answer of the Earl read containing 200 sheets of Paper 22. Army in Ireland new levied to be disbanded 18 and 42 Eight Articles against the Earl in maintainance of his Accusation 8 9. Articles of High Treason voted against Sir George Ratcliffe 17. Twenty eight Articles against the Earl sent up to the Lords 20. They are at large inserted 61. Article II. read charging the Earl with words saying The Kings little finger should be heavier than the loins of the Law c. 149. Names of Witnesses their Evidence Exception taken Interlocutory Passages Defence and Reply as to that Article 149 to 155. Artice III. read charging him with words saying That Ireland was a conquered Nation that the King might do with it as he pleased 155 Names of Witnesses their Evidence Exception taken Interlocutory passages Defence and Reply as to that Article 156 to 172 Artic. IV. read charging him with words that he would make all Ireland know That any Act of State there made should be as binding as an Act of Parliament 173. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 174 to 185. Article V. read charging him that he did procure to be given against the Lord Mountnorris sentence of death in a Council of War 186 and the sentence read 187. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 188 to 204. Article VI. read charging him with putting the Lord Mountnorris out of possession of his Freehold upon a Paper-Petition 205. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Aticle 205 to 213. Article VIII read Charging him with causing the Lord Loftus Lord Chancellor of Ireland to be close prisoner 221. Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 222 to 235. Article IX read Charging him with assuming a Power above Law to give a general Warrant to the Bishops Officers to Arrest the Body of such as do not obey Ecclesiastical Decrees Sentences c. and to commit them and a Copy produced 236 237. Passages Interlocutory Defence and Reply 238 to 240. Article X. read Wherein he is charged with procuring the Customs to be Farmed to his own use and did procure the Native Commodities of Ireland to be rated in the Book of Rates for the Customs 241 The Case stated by Mr. Maynard 242 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 243 to 250 Article XI Agreed for the present to be laid aside 252 Article XII read Charging him with making a Monopoly of Tobacco getting the whole Trade into his hands 401 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 402 to 412 Article XIII read Charging him with getting great quantities of Flax into his hands enjoyning the working thereof into Yarn and Thread c. 416 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 416 to 428 Article XIV Laid aside for the present 425 Article XV. read Charging the Earl with imposing great sums of Money upon people without Warrant or colour of Law and causing the same to be levied by Troops of Soldiers 426 The Charge opened by Mr. Geoffrey Palmer 427 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 427 to 454 c. Article XVI read charging him with putting forth a Proclamation commanding the Nobility c. not to depart that Kingdom without his Licence 460 The Article opened by Mr. Palmer who proceeded to manage the Evidence 461 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 462 to 481 Interlocutory passages after the Reply 484 to 487 Article XIX read Charging him that he did with his own Authority contrive and frame a new and universal Oath against the Scots in Ireland 489 The Article opened by Mr. Whitlock 490 The Oath tendred to the Scots read 494 Names of Witnesses their Evidence Exceptions taken Interlocutory passages and Defence 494 to 498 More Interlocutory passages 499 to 502 The Oath tendred to some of the Scotch Nation refident in England 503 The Reply to the Earls Defence 508 Article XX. read Charging him with endeavouring to perswade and provoke His Majesty to an Offensive War against His Subjects of Scotland c. 515 Article XXI read Charging him with compelling His Majesty to call a Parliament in England with design to break the same and by Force and Power to raise Money 516 Article XXII read Charging him to have procured the Parliament in Ireland to declare their assistance in a War against the Scots and to raise an Army of 8000 Foot and 1000 Horse
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8
Articles ingrossed Mr. Pym gets leave to speak Mr. Pym Reports the Conference Thank 's to Mr. Pym. Message for a Conference Answer Mr. Whistler's Report from the Committee for Irish Affairs A Committee to meet a Committee of the House of Lords about the Examination of Witnesses in the Case of the E. of Strafford Petition from the Parliament in Ireland read Sir George Ratcliff not to speak with or write to the E. of Strafford A Troop of Reformado Officers in the Army to be disbanded A Message for a Conference for some of the Members to be present at the Examination of Witnesses Mr. Pym's Report A Message by the Commons Sir George Ratcliff to come in by a day A Report of the Conference for the Lords Members to be examined Another Message concerning Members to be present at the Examination A Protestation of Secrefie Articles against Sir George Ratcliff A Message Ratcliff Irish Army Petitions referred to the Sub-Committee Depositions concerning the Earl of Strafford A Message concerning Examinations The further Impeachment of the Earl of Strafford Sequestration of Thomas Earl of Strafford To open Letters Concerning Council for the Earl of Strafford The little Finger of the Law Ireland a Conquered Nation Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case Lord Mountnorris sentenced to suffer death by Martial Law The Lord Mountnorris put out of Possession Lord Dillon his Patent questioned The Lord Loftus close Prisoner not delivering the Great Seal The Earl of Kildare Committed Committee to consider of the Proof Members to manage the Evidence No Replication to the Earl's Answer Concerning the manner of the Trial of the Earl Concerning the place of Trial and the Council for the Earl The time of the Trial. Concerning the Place for the Trial. Members appointed to View the place of Trial. E of Strafford's Petition read The great Hall in Westminster appointed for the Trial of Thomas Earl of Strafford Menday Afternoon Afternoon The Petition of divers Citizens of London to both Houses of Parliament wherein is an accompt of their Grievances together with their desires for Justice to be executed upon the E. of Strafford and other Delinquents A Memorial of the Member that first took the Names The Prisoner at the Barr. Lord High Steward Lord High Steward E. of Strafford Lord High Steward Lord High Steward Mr. Pym. Lord High Steward Mr. Pym. E. of Strafford Lord High Steward Mr. Pym. Lord High Steward E. of Strafford Mr. Maynard Lord High Steward Mr. Pym. Mr. Maynard Lord Fligh Steward Mr. Pym. Sir Io. Clotworthy a Witness The Question Sir Io. Clotworthy Lord Ranulagh a Witness E. of Strafford Lo. Ranulagh L. Mountnorris a Witness Nicholas Barnewell a Witness E. of Strafford Mr. Pym. Mr. Egor a Witness E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance E. of Strafford Manager E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance Manager Witness E. of Strafford Manager Lord High Steward Witness Witness E. of Strafford Manager Witness E of Strafford Manager E. of Strafford Witness Manager Witness Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager Lord High Steward E. of Straffords Speech Lord High Steward E. of Strafford Manager E. of Strafford Witness Kings Warrant read E. of Strafford Manager E. of Strafford Billetting of Soldiers in Dublin Increase of Shipping Jurors Sentence in the Star-Chamber Manager Lord High Steward Mr. Maynard Manager Article 1. Manager Manager Witness Witness Witness Witness E. of Strafford Manager E. of Strafford Manager Lord High Steward Manager F. Thorpe a Witness Manager Witness E. of Strafford Manager Lord High Steward E. of Strafford Lord High Steward Manager F. Thorpe a Witness George Hawes a Witness E. of Strafford E. of Strafford E. of Strafford E. of Straffords Defence Manager E. of Strafford E. of Strafford The Managers Reply Article 2. Manager Witness Sir Tho. Leyton a Witness Lord High Steward Tho. Harrison a Witness E. of Straffords Defence Witness E. of Strafford Manager Manager E. of Strafford Manager E. of Strafford Manager Lord Steward Managers Relpy E. of Strafford Manager Lord High Steward Sir David Fowles a Witness E. of Strafford Manager Article 3. E. of Strafford Manager E. of Strafford Manager Manager E. of Strafford Manager E of Strafford E of Strafford Manager Robert Kennyday a Witness E. of Strafford Manager Lord Corke a Witness Manager Lord Gorminstone a Witness Lord Killmallock a Witness Sir Pierce Crosby a Witness E. of Strafford Mr. Slingsby a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford E. of Strafford Manager Manager E. of Strafford Managers Relpy Managers Reply Mr. Fitzgarret a Witness E. of Strafford Lord Gorminstone a Witness Lord Killmallock a Witness Manager Article 4. Manager Lord Ranulagh a Witness E. of Strafford Witness E. of Stafford E. of Corke 2 Witness Iohn Waldron a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Castlehaven a Witness Manager Lord High Steward Roger Lotts a Witness Manager E. of Strafford Article 5. Manager Manager Lord Mountnorris a Witness Witness Witness Witness Lord Dillom a Witness Lord Ranulagh a Witness Manager Earl of Cork a Witness William Castigatt a Witness Lord Dillon a Witness Patrick Gough a Witness Lord Conway a Witness E. of Strafford's Defence Manager E. of Strafford Lord Willmott a Witness E. of Strafford E. of Strafford E. of Strafford Sir Robert Farrer a Witness E. of Strafford E. of Strafford Manager Manager Manager Earl of Ely a Witness Manager Manager Manager Article 6. Manager Thomas Little a Witness E. of Strafford Lord Mountnorris a Witness Mr. Anslow a Witness Manager E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Corke a Witness Lord Ranulagh a Witness S. Adam Loftus a Witness Lord Mountnorris a Witness Earl of Bath a Witness E. of Strafford Manager Manager Mr. Anslowe a Witness William Brettergh a Witness Manager E. of Strafford Manager E. of Straffords Defence E. of Strafford Manager E. of Strafford Article 8. Manager Manager E. of Strafford Manager Manager Mr. Hoy a Witness Thomas Hibbots a Witness Lord Mountnorris a Witness Earl of Cork a Witness Manager Manager Manager Lord Corke a Witness Lord Primate a Witness Lord Renula a Witness Manager Lord Renula a Witness E. of Strafford Lord Dillon a Witness Sir Philip Manwareing a Witness The Managers Reply E. of Strafford E. of Strafford Article 9. Sir Ia. Montgomery a Witness Manager E. of Strafford Manager E. of Strafford Manager Article 10. Lord Ranulagh a Witness Sir Iames Hey a Witness Robert Goodwyn a Witness Henry Brawd a Witness Robert Cogan a Witness Iohn Welsh a Witness Lord Renula a Witness Patrick Allen a Witness E. of