sent away Post Merid. The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee that are to draw up the Charge against the said Earl which being Reported were as followeth Articles of the Commons assembled in Parliament against Thomas Earl of Strafford in maintenance of his Accusation whereby he stands Charged of High Treason 1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by traiterous words Counsels and Actions and by giving His Majesty Advice by force of Arms to compel his Loyal Subjects to submit thereunto 2. That he hath traiterously assumed to himself Regal Power over the Lives Liberties Persons Lands and Goods of His Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of His Majesties Liege People 3. That the better to inrich and inable himself to go through with his traiterous Designs he hath detained a great part of His Majesties Revenue without giving Legal account and hath taken great Sums out of the Exchequer converting them to his own Use when His Majesty wanted Money for His own urgent Occasions and His Army had been a long time unpaid 4. That he hath traiterously abused the Power and Authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual Dependance and Confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical Designs 5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesties Subjects of England and those of Scotland 6. That he hath traiterously broke the great Trust reposed in him by His Majesty of Lieutenant-General of His Army by wilful betraying divers of His Majesties Subjects to death his Army to a dishonourable Defeat by the Scots at Newborne and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss as that of New-Castle His Majesties Realm of England might be engaged in a National and irreconcilable Quarrel with the Scots 7. That to preserve himself from being questioned for those and other his traiterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from His Majesty to set a Division between them and to ruine and destroy His Majesties Kingdoms for which they Impeach him of High Treason against our Soveraign Lord the King His Crown and Dignity 8. And he the said Earl of Strafford was Lord-Deputy of Ireland and Lieutenant-General of the Army there viz. His most Excellent Majesty for His Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant-General of all His Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. That the said Commons by Protestations saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering Proofs also of the Premisses or any of them or any other Impeachment or Accusation that shall be exhibited by them as the Cause shall according to the course of Parliaments require do pray that the said Earl may be put to Answer for all and every of the Premisses that such Proceedings Examinations Trials and Judgments may be upon every of them had and used as is agreeable to Law and Justice Tuesday November 24th 1640. These Articles thus Resolved upon by Question were by another Question Ordered to be engrossed against to morrow Morning and no Copies to be delivered of them in the Interim and the same Committee that prepared the Charge is to draw up the Interrogatories and Mr. Pym is to go up to the Lords with the Charge Wednesday November 25th 1640. Lord Digby went up with this Message to the Lords That this House desires a Conference with their Lordships by a Committee of both Houses concerning the Articles to be Exhibited against the Earl of Strafford Lord Digby brings Answer That their Lordships have Considered the Message and desire to meet a Committee of that House with a Committee of theirs presently in the Painted-Chamber The ingrossed Articles were again openly read in the House and agreed to be sent up to the Lords by Mr. Pym by a Vote upon the Question Mr. Pym before he went made a short Declaration of the substance of that he intended to deliver unto the Lords both before and after the delivery of the Articles Mr. Pym's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford that he attended the great Committee of this House and in their presence delivered to the Committee of the Lords House the Charge against the Earl of Strafford and if any thing passed him through weakness or disability he desires the excuse of this House It was moved that Mr. Pym might have Thanks for his well delivery of the Charge against the Earl of Strafford Friday November 27th 1640. A Message from the Lords by Justice Littleton and Justice Bartley The Lords desire a Conference by a Committee of thirty of their House with a proportionable number of this House concerning the Message that was brought unto them by Mr. Pym touching the Examination of their Members in the Accusation of the Earl of Strafford and desire a free Conference touching the last Point of that Message that some of the Members of this House should be present at the Examination and they desire it this morning in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messenger That this House has taken into Consideration their Lordships Message and will in Convenient time return Answer by Messengers of their own Saturday November 28th 1640. Mr. Whistler Reports from the Grand Committee for Irish Affairs that there are many Petitions and full of matter of Complaints of the proceedings in Ireland and Suitors here for Justice There are many Petitioners here whose Estates are so exhausted that they are scarce able to bring Witnesses from Ireland hither many great Persons of
Quality and Trust are in Ireland material Witnesses to be examined as the Master of the Rolls the Lord Chancellor and others these can hardly be spared to come hither to give their Testimony The Committee desires the Advice of the House in this particular which without their Judgments cannot be determined to think of some way how these Parties might have their Testimony taken and the Truth might be known and Justice done This whole matter thus Reported from the Committee for Irish Affairs is recommitted to the same Committee again to consider of it and to draw those things that are to be inquired of under apt Heads and so present them to the judgment of this House to proceed accordingly Mr. Maynard Mr. St. Iohns Mr. Hide Mr. Whistler Mr. Ieofrey Palmer Mr. Glyn Mr. Sollicitor This Committee is to Collect and Offer to this House Reasons for this House to make use of and insist upon in maintainance of that Point of the Message of this House to the Lords which desires the presence of some of the Members of this House at the Examination of such Witnesses as shall be Proposed by this House in the Accusation of the Earl of Strafford To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six intire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Susidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limitted into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined 3. The proceedings in civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Usage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to
were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Council of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Iacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Iacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the Answer to this Article and to the same Letters the said Earl referreth himself The said Earl upon sight of this and Sir Iacob Ashley's Letter had reason to believe that all fitting preparation was made and then understanding that if the Scotish Army should pass the River not only New-Castle altogether Unfortified on the South part would be lost but the said Army of 11000 Foot and 2000 Horse endangered and hearing that the Scotish Army were distresied for want of Victuals and knowing the advantage that was in opposing the Passage of such a River Hereupon the said Earl by a Letter dated the 27th of August advised the Lord Conway with all the Horse and at least 8000 Foot and all the Cannon to March and Fight with them upon the passage of the River at which time the said Earl had no Charge of the Army but the truth is the Lord Conway having not with him all the Horse and not above 1500 Foot and only some part of the Cannon was in a posture to fight for the passage before the said Letter of advice came which he received not half an hour before the Fight began and proceeded according to his own judgment and His Majesties said general Direction and afterwards that is about the 30th of August and not before the said Earl took upon him the Charge of the Army at Darlington and brought it to York to be supplied with Necessaries that they wanted and purposed to have staid where they were quartered But hearing from many hands that there was a purpose to question him in Parliament and His Majesty having given him Liberty of staying there or coming away he left the Charge of the Army with the Lord Conway and other Officers as His Majesty had directed and came to London on Monday the 9th and the 11th of November was put under Restraint and so hath ever since remained And saith That the Town of New-Castle was no way under his Care and as to other matters whereto by Law he ought to answer and hath not answered he saith He is not Guilty of them or any of them in such manner and form as in the said Article is expressed and humbly prayeth a convenient time for making his Proofs and to justifie and maintain his Actions in Ireland by sight of His Majesties Warrants Records and Witnesses in that Kingdom and that if any mistake be in this Answer it may be amended And this the said Earl hopeth that upon equal Construction of his Words and Actions he shall appear free from any great and hainous Offences wherewith he is Charged and howsoever it shall please God to dispose of him he shall ever pray that by their Lordships great Wisdoms and Prudence the Affections of His Majesty and Duty of His Subjects may this Parliament be so surely knit together as may by God's blessing lastingly tend to the Prosperity and Flourishing Estate both of King and People Friday February 26th 1640. Ordered That the same Committee that was formerly appointed to draw up the Charge against the Earl of Strafford with the Addition of Mr. Palmer Mr. Selden Mr. Whitlock and Mr. Maynard do consider of the Articles and further Impeachmment of Thomas Earl of Strafford by the Commons and likewise the said Earl's Answer to those Articles and further Impeachment And they are likewise to consider of the Proofs and how the Witnesses may conveniently be brought together to give their Testimony Viva Voce in the business and they are to proceed in the secretest and speediest way they can for the advantage of the business in preparing it for a Trial and further Proceedings and they have Power to send for Persons Witnesses Papers Records or any thing else that they in their Judgments shall conceive fit or may conduce to the Service and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber The four Lawyers that were added to the Earl of Strafford's Committee made their Protestation of Secrecy openly in the House Sir George Wentworth upon his Protestation made to the House to keep secret all such Matters as passed this day had leave to resort to his Brother the Earl of Strafford but all the other Members of this House are restrained from resorting unto him without leave first obtained Saturday February 27th 1640. Mr. Whitlock Reports from the
probable Grounds we are accountable only for our industry or remisness but in judgment We are deeply responsible to God Almighty for it's Rectitude or Obliquity in Cases of Life the Judge is God's Steward of the Parties blood and must give a strict account for every drop But as I told you Mr. Speaker I will not insist long upon the Ground of Difference in me now from what I was formerly The truth on 't is Sir the same Ground whereupon I with the rest of the Five to whom you first committed the Consideration of my Lord Strafford brought down our Opinion That it was fit he should be Accused of Treason upon the same Ground I was engaged with earnestness in his Prosecution and had the same Ground remained in that force of belief with me which till very lately it did I should not have been tender in his Condemnation But truly Sir to deal plainly with you that Ground of our Accusation That Spur to our Prosecution and that which should be the basis of my judgment of the Earl of Strafford as unto Treason is to my understanding quite vanisht away This it was Mr. Speaker His Advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his Accusation I was confirmed in the same belief during the Prosecution and fortified in it most of all since Sir Henry Vane's preparatory Examination by the assurances which that worthy Member Mr. Pym gave me that his Testimony would be made convincing by some Notes of what passed at that Iunto concurrent with it which I ever understanding to be of some other Councellor you see now prove but a Copy of the same Secretaries Notes discovered and produc'd in the manner you have heard and those such disjoynted Fragments of the Venemous part of Discourses no Results no Conclusions of Counsels which are the only things that Secretaries should Register there being no use at all of the other but to Accuse and to bring men into danger But Sir this is not that which overthrows the Evidence with me concerning the Army of Ireland nor yet that all the rest of the Iunto upon their Oaths remember nothing of it But this Sir which I shall tell you is that which works with me under favour to an utter overthrow of his Evidence as unto that of the Army of Ireland before whilst I was a Prosecutor and under tie of Secrecy I might not discover any weakness of the Cause which now as a Judge I must Mr. Secretary was examined thrice upon Oath at the preparatory Committee The first time he was questioned to all the Interrogatories and to that part of the Seventh which concerns the Army of Ireland He said positively in these words I cannot Charge him with that But for the rest he desires time to recollect himself which was granted him Some days after he was Examined a second time and then deposes these words concerning the King's being Absolved from Rules of Government and so forth very clearly But being prest to that part concerning the Irish Army He said again I can say nothing to that Here we thought we had done with him till divers weeks after my Lord of Northumberland and all others of the Iunto denying to have heard any thing concerning those words Of reducing England by the Irish Army It was thought fit to Examine the Secretary once more and then he deposes these words to have been said by the Earl of Strafford to His Majesty You have an Army in Ireland which you may Imploy here to reduce or some word to that sense this Kingdom Mr. Speaker these are the Circumstances which I confess with my Conscience thrust quite out of doors that Grand Article of our Charge concerning his desperate Advice to the King of Employing the Irish Army here Let not this I beseech you be driven to an Aspersion upon Mr. Secretary as if he should have Sworn otherwise than he knew or believed he is too worthy to do that only let thus much be inferred from it that he who twice upon Oath with time of recollection could not remember any thing of such a business might well a third time mis-remember somewhat in this business the difference of one letter here for there or that for this quite alters the Case the latter also being more probable since it is confest of all hands that the Debate then was concerning a War with Scotland and you may remember that at the Bar he once said To employ there And thus Mr. Speaker I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford This was that whereupon I Accused him with a free heart Prosecuted him with earnestness and had it to my understanding been proved should have condemned him with Innocence Whereas now I cannot satisfie my Conscience to do it I profess I can have no notion of any bodies intent to subvert the Laws Treasonably or by force and this design of Force not appearing all his other wicked Practises cannot amount so high with me I can find a more easie and more natural Spring from whence to derive all his other Crimes than from an intent to bring in Tyranny and to make his own Posterity as well as Us Slaves as from Revenge from Pride from Avarice from Passion and Insolence of Nature But had this of the Irish Army been proved it would have diffused a Complexion of Treason over all it would have been a Withe indeed to bind all those other scattered and lesser branches as it were into a Faggot of Treason I do not say but the rest may represent him a man as worthy to die but perhaps worthier than many a Traytor I do not say but they may justly direct Us to Enact That they shall be Treason for the future But God keep me from giving Judgment of Death on any man and of Ruine to his innocent Posterity upon a Law made a Posteriori Let the Mark be set on the door where the Plague is and then let him that will enter die I know Mr. Speaker there is in Parliament a double Power of Life and Death by Bill a Judicial Power and a Legislative the measure of the one is what 's legally just of the other what is Prudentially and Politickly fit for the good and preservation of the whole But these two under favour are not to be confounded in Judgment We must not piece up want of legality with matter of convenience not the defailance of prudential fitness with a pretence of legal Justice To Condemn my Lord of Strafford Judicially as for Treason my Conscience is not assured that the matter will bear it And I do it by the Legislative Power my reason consultively cannot agree to that since I am perswaded neither the Lords nor the King will pass the Bill and consequently that Our passing it will be
Twelfth Year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot armed in War-like manner and in War-like array with Force and Arms to expel Richard Butler from the Possession of the Mannor of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in the War-like manner expel divers of His Majesties Subjects from their Houses Families and Possessions as namely Edward O Brenman Owen Oberman John Brenman Patrick Oberman Sir Cyprian Horsefield and divers others to the number of about an hundred Families and took and imprisoned them and their wives and carried them Prisoners to Dublin and there detained until they did yield up surrender or release their respective Estates and Rights And the said Earl in like War-like manner hath during his Government of the said Kingdom of Ireland subdued divers others of His Majesties Subjects there to his will and thereby and by the means aforesaid hath levied War within the said Realm against His Majesty and His Liege-people of that Kingdom XVI That the Earl of Strafford the Two and twentieth of February in the Seventh Year of His Majesties Reign intending to Oppress the said Subjects of Ireland did make a Proposition and obtained from His Majesty an Allowance thereof That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such Usurped tyrannical and exorbitant Power expressed in the former Articles Destroyed and Oppressed the Péers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said Power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said Power And to prevent the Subjects of that Realm of all means of Complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties Service or attending in England by His special Command to make their personal residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking relief against the Oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous waies as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl XVII That the said Earl having by such means as aforesaid subverted the Government and Laws of the Kingdom of Ireland did in March in the Sixteenth Year of His Majesties Reign in scandal of His Majesties Government of all His Kingdoms and in further Execution of his wicked Purposes aforesaid speaking of the Army in Ireland declare That His Majesty was so well pleased with the Army of Ireland and the consequences thereof that His Majesty would certainly make the same a Pattern for all His Three Kingdoms XVIII That the said Earl of Strafford for the better effecting of his traiterous Designs and wicked Purposes did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of his Government in Ireland he restored divers Fryeries and Masse-Houses which had béen formerly suppressed by the precedent Deputies of that Kingdom two of which Houses are in the City of Dublin and had been assigned to the use of the University there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the month of May and June last the said Earl did raise an Army in the said Realm consisting of 8000 Foot all of which except one or thereabouts were Papists and the said One thousand were drawn out of the old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earl And the more to engage and tie the said new Army of Papists to himself and to encourage them and to discourage and weary out the said old Army the said Earl did so provide That the said new Army of Papists were duly paid and had all Necessaries provided for them and permitted the Exercise of their Religion but the said old Army were for the space of one whole Year and upwards unpaid And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England for Compounding with Recusants for their Forfeitures due to His Majesty which Commission beareth date the Eighth day of July in the Fifth Year of His Majesties Reign that now is and being also Receiver of the Composition-money thereby arising and of other Debts Duties and Penalties by reason of Recusancy within the said Counties for His Majesties Use by Letters Patents dated the Ninth day of the same July He to engage the said Recusants to him did Compound with them at low and under Rates and provided that they should be discharged of all Procéedings against them in all His Majesties Courts both Temporal and Ecclesiastical in manifest breach of and contrary to the Laws and Statutes of this Realm in that behalf Established XIX That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command he the said Earl in May the Fifteenth Year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any His Majesties Royal Commands but submit himself in all due obedience thereunto Which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath against their wills and of such as refused to take the said Oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the Tenth of October Anno Dom. 1639. he fined Henry Steward and his wife who refused to take the said Oath 5000 l. a piece and their two Daughters and James Gray 3000 l. a
Strafford of High Treason against our Soveraign Lord the King His Crown and Dignity And he the said Earl of Strafford was Lord Deputy of Ireland or Lord Lieutenant of Ireland and Lieutenant General of the Army there under His most Excellent Majesty and a sworn Privy-Counsellor to His Majesty for His Kingdoms both of England and Ireland and Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of His Majesties Army in the North parts of England during the time that the Crimes and Offences in the 27th and 28th Articles set forth were done and committed Tuesday May 11th 1641. Ordered That Mr. Solicitor give Order That the Arguments he made in Westminster-Hall touching the matters of Law in the Case of the Earl of Strafford be Printed and that Mr. Pym give the like Order That his Speeches at the beginning and ending of the Trial of the said Earl of Strafford be likewise Printed The Names of those Gentlemen that managed the Evidence in this Trial being through over-sight omitted to be inserted in their particular places for the first Nine Articles it is thought fit for more exact satisfaction to give an account of them in this place with particular References which may by the Reader be easily supplyed The Names of the Managers FOlio 115. Line 17. Mr. Pym. Ibid. Line 33. Mr. Pym. Ibid. Line 40. Mr. Pym. Fol. 116. Line 5. Mr. Pym. Ibid. Line 44. Mr. Pym. Fol. 117. Line 14. Mr. Maynard Ibid. Line 43. Mr. Maynard Fol. 120. Line 20. Mr. Pym. Fol. 124. Line 27. Mr. Pym. Fol. 127. Line 29. Mr. Pym. To the First Article Fol. 138. Line 29. Mr. Maynard Fol. 139. Line 3. M. Maynard Fol. 142. Line 17. M. Maynard Ibid. Line 24. Mr. Whitlock Fol. 143. Line 7. Mr. Glyn. Ibid. Line 15. Mr. Maynard Ibid. Line 25. Mr. Glyn. Fol. 144. Line 2. Mr. Maynard Fol. 145. Line 3. Mr. Maynard Fol. 147. Line 31. Mr. Maynard To the Second Article Fol. 149. Line 14. Mr. Maynard Fol. 153. Line 6. Mr. Glyn. Fol. 152. Line 14. Mr. Maynard Ibid. Line 16. Mr. Maynard Ibid. Line 18. Mr. Maynard Fol. 154. Line 4. Mr. Maynard Ibid. Line 32. Mr. Maynard Fol. 155. Line 7. Mr. Maynard To the Third Article Fol. 156. Line 8. Mr. Maynard Fol. 164. Line 9. Mr. Maynard Ibid. Line 22. Mr. Glyn. Ibid. Line 17. Mr. Maynard Ibid. Line 28. Mr. Maynard Fol. 165. Line 7. Sir Io. Clotworthy Ibid. Line 36. Mr. Maynard Fol. 167. Line 25. Mr. Pym. Fol. 157. Line 11. Mr. Maynard Fol. 168. Line 16. Mr. Pym. Fol. 158. Line 2. Lord Digby Ibid. Line 25. Mr. Pym. Ibid. Line 37. Mr. Maynard Ibid. Line 34. Mr. Maynard Fol. 163. Line 42. Mr. Maynard Fol. 171. Line 28. Mr. Maynard To the Fourth Article Fol. 173. Line 30. Mr. Glyn. Fol. 183. Line 10. Mr. Maynard Fol. 174. Line 8. Mr. Glyn. Fol. 184. Line 11. Mr. Glyn. Fol. 179. Line 44. Mr. Glyn. Fol. 185. Line 1. Mr. Maynard Fol. 180. Line 37. Mr. Maynard To the Fifth Article Fol. 185. Line 21. Mr. Glyn. Ibid. Line 35. Mr. Maynard Fol. 188. Line 17. Mr. Glyn. Fol. 202. Line 31. Mr. Maynard Fol. 198. Line 1. Mr. Glyn. Ibid. Line 36. Mr. Maynard Fol. 201. Line 19. Mr. Glyn. Fol. 204. Line 5. Mr. Glyn. Fol. 202. Line 7. Mr. Maynard To the Sixth Article Fol. 205. Line 6. Mr. Glyn. Fol. 216. Line 22. Mr. Maynard Fol. 206. Line 31. Mr. Glyn. Fol. 217. Line 21. Mr. Palmer Ibid. Line 37. Mr. Glyn. Fol. 218. Line 17. Mr. Glyn. Fol. 210. Line 38. Mr. Glyn. Ibid. Line 21. Mr. Glyn. Fol. 213. Line 23. Mr. Glyn. Fol. 219. Line 32. Mr. Stroud Ibid. Line 29. Mr. Glyn. To the Eighth Article Fol. 222. Line 8. Mr. Glyn. Fol. 228. Line 10. Mr. Glyn. Ibid. Line 34. Mr. Glyn. Ibid. Line 26. Mr. Glyn. Fol. 223. Line 22. Mr. Glyn. Fol. 229. Line 11. Mr. Glyn. Ibid. Line 42. Mr. Maynard Ibid. Line 33. Mr. Glyn. Fol. 226. Line 42. Mr. Glyn. Fol. 233. Line 25. Mr. Glyn. To the Ninth Article Fol. 236. Line 16. Mr. Glyn. Fol. 239. Line 14. Mr. Maynard Fol. 238. Line 22. Mr. Glyn. Fol. 240. Line 10. Mr. Glyn. THE TRYAL OF T. Earl of Strafford The First day Monday March 22. 1640. THe Lords being set in a place prepared in Westminster-hall purposely for the Arraignment of Thomas Earl of Strafford upon a charge of High Treason laid upon him by the Commons House of Parliament in the Name of themselves and of all the Commons of England And the House of Commons being there likewise seated as a Committee and those who were to manage the Evidence on behalf of the House of Commons being Members of that House standing at the Barr The Prisoner was called for And being brought by Sir William Balfour Lieutenant of the Tower after Obeisances given he came to the Barr and kneeled and after standing up The Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England spake to him as follows Your Lordship is called here this day before the Lords in Parliament to Answer to and to be Tryed upon the Impeachment presented to them by the Commons House of Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity And therefore think fit in the first place That your Lordship should hear the Impeachment of High Treason read The Impeachment was accordingly read by the Clerk of the Parliament A little after the entrance into it a Chair was brought to the Prisoner by the Gentleman Usher and the Prisoner sate down thereon by their Lordships direction After the Charge was read the Earl of Straffords Answer was likewise read And no more of proceedings that day Only the Lord Steward said further to the Prisoner That his Lordship had heard the whole Impeachment of the House of Commons read And his own Answer on which he hath put himself for Trial. That which is now to follow their Lordships have commanded him to say is the managing of the Evidence by those the House of Commons shall please to appoint for the proving of this Charge But likewise they have Commanded him to say That the time being so far spent it may not be so proper now to proceed further in the business That this shall be sate upon only once a day which will be fittest both for their Lordships and for the House of Commons And that they conceive it will agree with the sense of the House of Commons not to fall into the particular management of the Evidence so late but to defer it till the morrow at the hour of nine of the Clock My Lord of Strafford did then desire to know whether he might with their Lordships good leave and favour say any thing at that
Revenue nor as I conceive ever came into Accompt nor was paid into the Exchequer as will appear on the Fifteenth Article but was a Gift of the Country and applyed to the Kings Occasions and that determined the Revenue fell short 20000 l. of the Charge Besides when I came into Ireland the Crown was extreamly indebted above as I think not to stand on particular sums and pence 100000 l. Sterling And by the Gentleman 's own saying when I came out of Ireland I left 100000 l. in the Kings Coffers And if any ask where the Accompt for the Subsidies is There is 100000 l. Debt paid 100000 l. left in the Kings Coffers For it appears by Sir Adam Loftus that there was 100000 l. in the Exchequer when I came from thence There was 15000 l. employed for buying Land that yields the King 2000 l. a year And so much of my Lord of Ormond as yields 2500 l. a year So that the Accompts will shew the bestowing of the Subsidies with as much Advantage as might be for the Kings Service That the Revenue was short I could make appear clearly The occasion that no money came out of the Exchequer was accidental by a Contribution of the Country no Revenue of the Kings And if that had not been supplyed there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue and that is the point wherein I differ from the Gentleman his meaning being That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom And I desire that Sir Adam Loftus and Sir Robert Dillom may be examined upon such questions as shall be propounded in this point Your Lordship may examine them but not upon Oath I will not displease but perfectly obey in every thing It will not be denied but the Revenue is increased by such means as my Lord of Strafford hath increased it by yet it was not the natural Revenue but the additional part that came in by the Bounty of the Country that supported the Charge many years before my Lord of Strafford came So that if it be said Ireland supported not it self before he came thither in the general sense it is untrue if it be said in a special sense that the Kings proper Revenue did not support it that his Lordship says is true Whence I infer that it was not much material to insist on this for I meant it so and it is plain and clear that the Kings Revenue there was not able to bear the Charge of that Kingdom by very near 23000 l. or 24000 l. a year And it is now able to bear its own Charges and yet there is an increase of Charge by 600 Horse by which the Army is stronger than it was And whereas it is said I was short in the Shipping I affirm that under favour I was not It is true that in the time of the late Justices my Lord of Corke and my Lord Loftus the last years Charge of the Shipping was paid forth of Ireland But it is as true that when the Kingdom underwent the Charge they lessened the Charge of the Kings Army by striking 500 off from the Army and transferred the Charge of their pay to the easing of the Kings Revenue on the Navy But that Charge being now increased again and brought to the former certainty I conceive I might truly say There was in my time an ease to the Crown of England all things considered which formerly it had not It being not with the prejudice of the Kings Service elsewhere or lessening the standing Army which in all times hath been the strongest support of the Kings Justice and Ministers there and which it deeply concerns the Crown of England to keep in such a Condition that they may be responsible to the King for the Services he shall Command So that though the Shipping Charge was paid the last year yet so paid that the Kings Army was weakened 500 Foot whereas now it is paid and the Kings Army raised to a certainty again and a Change is made to the better for instead of 500 Foot there is 600 Horse And that I say my Lord of Corke remembers very well there being Letters of his That Sir Pierce Crosby his Regiment should be put off and the money for maintenance thereof should go to defray the Charge of the Kings Ships for guard of the Coast. And yet the Charge is much more now than it was for the Charge was then only two Whelpes as my Lord Mountnorris said And now there be three Ships The Swallow a Ship of the Third Rank and two lesser Vessels so that I conceive my Answer in my sense was true For the matter of having money out of the Exchequer I conceive my Answer to contain no matter of Untruth for I had out of the Exchequer only 15000 l. and for that the King will be answered 2000 l. a year good Fee-farm Rent in lieu of it which he thought was no ill bargain It is true I say the money spoken of by Sir Adam Loftus was borrowed on my own and Sir George Ratcliffes Bond to be paid upon sight At that time I praise God I had Credit for 20000 l. and at this time I thank God for that too I have not Credit for 20 d. Gods Will be done I obey it But this money is honestly and justly paid Where is the Crime then might not I borrow of a Gentleman that would trust me with money but it must be an Offence It is true it was of the Kings money but the King had no use for it at that time Had not I made use of it it must otherwise have lain in the Exchequer and yielded no profit and besides I borrowed it of one that was Accomptable for it But since I am put to it I will shew that which will clear it from being a Crime indeed which according to the Duty I owe unto His Majesty my Master his Command hitherto have I kept private to my self And that is the Kings Warrant being all of His own Hand writing Sir Adam Loftus being then Vice-Treasurer and now demanded the question Whether that Warrant was produced to him at the borrowing of the money confessed that my Lord of Strafford never told him of the Warrant The Warrant was read containing a Licence to make use of 40000 l. of His Majesties Treasure now in the hands of His Majesties Vice-Treasurer for three years Provided that for Security there be always left in the hands of the Comptrollers a Stock of Tobacco amounting to 40000 l. at the least with a direction to conceal this particular favour to him that it might not be brought into precedent There was accordingly so much Tobacco left But by what Law I know not The Magazines are seized on by Order from the Commons House of Parliament my Goods possessed and given over to others to sell at their own prices my
and acknowledged by my Lord of Corke to be Sir Paul Davis's hand Upon reading whereof my Lord of Strafford observed That it appears to be a Church-Cause That the Order was just and that the Clause for the Plaintiffs giving of Security to answer the mean Profits which my Lord of Corke said was struck out of the Order and for my Lord of Corke's liberty to bring his Action at Law only he was limited to prosecute it within a year Mr. Leake was produced by my Lord of Strafford and being asked what Authority he hath known the Council-Board in Ireland to exercise both before my Lord of Strafford's coming thither and since in Causes of the Church and Plantation and concerning Contempts to Proclamations and Acts of State and what Countryman he is He Answered That his name is Leake of Leake in the County of Nottingham where he said his Family hath continued 400 years That it is 14 years since he went into Ireland and before this Lords-Deputies time and before that time he did not observe any restraint from Injunctions on the Council-Board till the Instructions published and they did stay them That they proceeded by Injunction Process Bill Answer Examination and other Courses as in the Chancery of England And since the same course hath been held And my Lord of Strafford hath had in the Castle-Chamber divers Causes of Law argued before him concerning the Church wherein one Chadwick and divers others were convented thirty times when he the Examinant was there and heard them twenty he is sure but he thinks thirty But my Lord of Strafford did forbear to give Sentence till he heard these Causes argued That 14 years he hath been very well versed in that Kingdom that he hath known Injunctions have gone out from thence to stay Proceedings in Causes where they have Power of Jurisdiction that he hath known my Lord Chancellor Loftus that was to grant an Injunction without Bill and before any Complaint depended before him and that he himself had the Injunction granted Being asked about the time of his going into Ireland He said he went betwixt 1627. and 1628. Whence observe that the Witness hath made an Observation of the Instructions five years before he came into Ireland Being asked some other questions touching the occasion of his going into Ireland and how he came to take notice of the Proceedings there He Answered He hath been there at several times to pursue some Tenants of his that fled into Ireland and by reason of the Suits and Petitions he prosecuted in his own Right he had occasion to enquire after Proceedings there having been there for the most part of 14 years To the Statute of 28 H. 6. which the Commons have pressed as a Rule for the reâ—ing of Causes to their proper Courts and to annihilate all these Proceedings before the Deputy and Council and before the Deputy alone in his particular Jurisdiction in the nature of a Court of Requests in England I reserve my self to have my Council give satisfaction therein Only desire your Lordships to observe the last Clause saving the King's Prerogative These Proceedings are not against Magna Charta they being according to the Laws and Customs of the Land though it be not the Custom of England And if he hath been an Innovator it hath been to conform Ireland by all ways he could in Religion and Laws to the better and more excellent Pattern of England To the Objection made against Mr. Gwyn he is altogether unknown to me only was recommended to me and here is a Certificate that Gwyn is Master of Arts but that was not read nor insisted on To the matter of words Charged upon him He Answered That words without Fact can be no matter of Treason though of a higher nature then these That words are to be charged within a limited time 1 E. 6. Ca. 12. whereby it is provided That none shall be Impeached concerning Treason for words only if the party being within the Realm be not accused within thirty days If out of the Realm within six months c. Which Proviso his Lordship read and reserved to his Council farther to apply it For the words spoken to my Lord of Corke That neither Law nor Lawyers should dispute my Orders I conceive I might justifie the speaking of them if the Orders and Acts of State be justly warrantable and honourably made Yet it is improbable I should speak the words when the Order refers it self to Law If they were spoken they are at the highest indiscreet and foolish and it is a heavy thing to punish me for not being wiser than God Almighty hath made me For the last words That I would make the said Earl and all Ireland know That so long as I had Government there An Act of State made or to be made should be as binding as an Act of Parliament I observe my Lord of Corke's quick memory that could swear them roundly without missing a letter or sillable as they are laid in the Charge That these words are only in the Charge and so only to be answered to And for Answer I say That in case of an Act done they may be brought collaterally as an inducement to prove the intention But the Act must be proved before they can touch me as of Treason My Lord of Corke is a single Witness and by a Proviso 1 E. 6 Ca. 12. no person after the first of February then following is to be Arraigned c. of Treason c. for any words to be spoken after the said first of February unless the Offendor be accused by two sufficient Witnesses or should without violence confess them To the words spoken of by the other Witnesses being the same in effect I am not to answer being extrajudicially proved and spoken in other places and times than I am Charged withall Yet I think they might be fairly interpreted For if an Act of State be not made against an Act of Parliament or a Fundamental Law of the Land but consistent with it and made by way of provision for remedying some present Mischief in the Common-wealth till the Parliament may provide Redress for it They are as binding during the time they are in force as an Act of Parliament though I confess the Comparison is not good because they be made according to Law and Justice according to the Fundamental Laws of the Land wherein the Prerogative of the Crown hath a part as well as the Property of the Subject For if the Propriety of the Subject as it is and God forbid but it should continue be the second undoubtedly the Prerogative of the Crown is the first Table of that Fundamental Law and hath something more imprinted upon it For if it hath a divinity imprinted upon it it is God's Annointed It is he that gives the Powers And Kings are as Gods on Earth higher Prerogatives than can be said or found to be spoken of the Propriety or Liberty of
pre-emption of Tobacco may be rightly assumed had resolved to lay hold of the present opportunity requiring my Lord of Strafford to advise with such of the Council there as he should think fit or by what Limitations and Conditions the pre-emption may be setled and afterwards to direct a course for licencing the sale thereof to the best improvement Yet so as a care may be had as near as may be to prevent the bringing in of unfound Tobacco leaving to his judgement all necessary provisions to be determined about this business Dat. 18 Iuly 12 Car. My Lord of Strafford observed that this Letter was sent upon the like course taken here in England it being thought fit to be alike in both Kingdoms but the business of England preceeded it and was the occasion of the Letter The next thing observed was the Proclamation in England to probibit the planting of Tobacco in England and Wales and the landing of Tobacco in any part of England or Ireland but only at London other than such and so much Spanish Tobacco and Plantation Tobacco as should be allowed and determined to be competent upon pain of Confiscation A Moyety to the King a Moyety to the Discoverer Which was read being dated 14 Mar. 13 Car. Which my Lord of Strafford observed to be the same with that wherewith himself is charged and that the Letter directing him to take this business into Consideration bears date Iuly 12. Car. and the first Proclamation issued out ult Ian. 13 Car. So that he made no haste The next thing his Lordship offered was the Contract it self Dat. 7 Nov. 13. Car. which being affirmed by Mr. Gibson to be a true Copy was read being Signed by the Deputy and Council and Imports That Carpenter Bartholomew Peatly and others had made an humble Proposition thereby setting forth That no Order hath been taken for the due bringing in of good and sufficient Tobacco or quantities proportionable to the Consumption thereof whereby the price is too much inhaunced or the Market glutted and desiring that they may have the Renting of the Tobacco business for 11 years paying yearly 5000 l. For the first five years 10000 l. for the six last years freed from Custom and only paying 3 d. Impost and the Custom not to be advanced that they and such as they shall contract with may be free to return and enter in London or Ireland That in case of War they may account only for the Profits in lieu of the Rent That upon my Lord of Strafford's leaving the Government they may be free to surrender their Grant and not stand charged That Tobacco may be solely imported and the sale licensed by them That no Tobacco be planted in Ireland during the Term. Whereupon a Warrant was issued for the paying of a Grant to them of the sole Importation and Lycensing the sale of Tobacco for 11 years paying 5000 l. yearly for the first five years 10000 l. for the last six years above the custom of 3 d. per pound with all the Customes received for His Majesty since Michaelmas last and all Impositions to be laid down during that term c. Dat 7 Nov. 1637. And such security to be given for the Rents as to the Court of Exchequer should be thought meet Where my Lord of Strafford observed that he did nothing herein without the assistance of the Principal of the Council there And further That before this was resolved advertisement was sent His Majesty that His direction might be given and the Letter from the Council of Ireland to Secretary Cook being affirmed by Mr. Gibson to be a true Copy was read importing the substance of the said Treaty and the conditions thereof recited Dat. ult May 1638. The next thing offered is the Grant it self Dat. 22. Iune 14 Car. And an Act of Parliament for the confirmation of it according to the Petition and the King's Letter The Clerk of the Crown did now inform their Lordships That there is a Bill concerning Importation of Tobacco transmitted out of Ireland in Iuly last and it was sent back at Michaelmas last with a Commission to the Lieutenant to give Royal Assent but whether it was given or no he cannot tell But my Lord of Strafford said it was only transmitted from the Deputy and Council and sent back under the Great Seal but did not pass the Parliament there and he desired it might be read only as to the Title But that was laid aside And then his Lordship added That as for the Proclamation he with the rest of the Council did set his Hand thereunto and that he conceived then and trusts it will appear now to be upon very good Warrant and justifiable he having the Kings Command in the point and it being only Temporary till an Act of Parliament might make final in it that it might remain in the Crown for after-times and a Proclamation thus issued till an Act of Parliament comes he conceives very Justifiable if it be an Error it is an Error he hath been always misguided by That the King may make a Proclamation till a Parliament comes to make it more lasting And whereas some Transgressors against these Proclamations are Sentenced yet he is charged with none of them and so on the matter is not charged with their Sentence though he conceives the same very justifiable there appearing to be Perjury in some of them and if they be poor and men of no great fortunes he knows not what is more proper or deserved than to see men taken in so foul a Crime on the Pillory as being a fair and moderate punishment and the Fines were in Terrorem there being little or nothing of them paid And this point of Jurisdiction for punishing Transgressors of Act of State and Proclamations he conceives fully proved before in the former Articles And whereas 't is said the Tobacco was not sold at reasonable Rates as formerly he desired their Lordships to observe that the Contract was made 22 Iune 14 Car. and in September was Twelve moneths he was not privy to it And on this the Contractors stand on their Justification and hope to make it appear if they may have time that the Planters have in no part of Christendom so good a value as here and that they sell at as moderate rates as ever was sold heretofore and better conditioned Commoâ—ty His Lordship further observed That the proof which makes the great Cry in point of value is weak enough That there should be near 100000 l. profit a year is a wonderful estimate and admirable to him That during his being there which was one year it shall appear they were loosers by it which he speaks confidently thinking those intrusted with it would not abuse him they having protested the Countrey was so abused that they could get very little by their Office That how it is sincehe knows not for the Contractors one of them is laid up in prison and the Tobacco seized on under
but a Charge to call him to Accompt rather than to Condemn him or Judge him by For it is the Remonstrance of the Commons House that have not power to give an Oath and so may be easily misinformed when they want a Meanes to try out the Truth But for the Great Fees exacted for these Licences Here are two of his Secretaries imployed in this business whom his Lordship desired might be Examined What Fees they demanded and had in this particular He added That he durst say Thousands that went over without Licence were never question'd for it nor any but where there was Cause as in Case a Man was ill-affected and then he was looked after Mr. Slingsby being Asked about the Fees for Licences He Answered They did give the Clerks directions never to demand any Fees for Licences and that the Clerk never accompted to him for above Five shillings for any Licence which he said was voluntarily given not demanded Mr. Little being Asked to the matter of Fees He Answered That he Charged his servant still to demand no Fees for Licences except of Privy-Counsellors or Officers of the Army and when they had Licences they paid for them and the Fee of the Licence from the Captains was 20 Shillings the ordinary Fee for others Five shillings and many times none at all was paid And then my Lord of Strafford added That he had now gone over all the particular Proofes as near as he could remember them And the last he shall insist on is this That there is nothing in this Charge as he conceives of Treason and he must needs Conclude every Article so in regard Treason is the only thing he is Charged withal And he conceives he hath given such Answers to this that nothing shall convince him before their Lordships of Treason And for matter of Misdemeanors he knowes their Lordships will give him time to examine Witnesses and leave for his Counsel to be heard and then he shall Acquit himself as becomes him and so with all humility submit it to their Lordships And thus his Lordship concluded his Defence ARTICLE XVI REPLICATION Mr. Palmer Replyed thereunto in substance as followeth THat my Lord of Strafford in the Preamble of his Defence hath made a great Profession to their Lordships of his endeavour to preserve the Laws in Ireland and that no Deputy did ever less interrupt the Legal Proceedings Which though it be not the matter of the Cause he desired leave to put their Lordships in mind how much he hath interrupted the legal proceedings because it hath been another part of his Army That it hath been fully proved How he Assumed to himself out of the ordinary Jurisdiction Causes to be heard before himself on Paper Petitions which how grosly he hath determined their Lordships have heard And whether this be not an Interruption to legal proceedings he submitted to their Lordships and also left them to Judge how contrary it was to this Profession of my Lord of Strafford To the Matter of the Defence viz. That these Particulars were not complained of Mr. Palmer Answered It is true There is no particular Complaint in the Article but my Lord of Strafford in his Answer said He never deny'd Licenses to any man to go into England and that puts it in Is sue and gives occasion to prove his Denyal To the Reasons of his Propositions Mr. Palmer observed they were viz. Because he was responsible for the Justice of the place and therefore good reason his Integrity should be tried before any Complaints came The Officers and Ministers of Justice should not be drawn from thence on every Complaint where they might have redress at their own doors These are fair shows and something must be said to induce His Majesties Allowance and as much as Art and Skill could invent to prevent the Subjects access to their Sovereign with Complaints of Injustice and Oppression It must have a great deal of Wit and Art to colour it and so he uses it Their Lordships cannot expect it from him nor will their Lordships expect it in the Proofs that he should tell His Majesty he doth all this that they may not complain of Injustice and Oppression for this is a hard thing to be done But the thing it self showes for what end he obtained it his many Acts of Injustice prove Quo obtentu this Proposition was gotten If this had been gotten on the fair grounds pretended then upon Complaints here His Majesty in consideration of them had had it in his own power to have referred them back to Ireland if they were misinformed but meanes were used that they should not come to the King the Barr was laid with the Secretaries and Masters of Requests that His Majesty should by no means know as to consider of the fitness or unfitness of them For the Matter of the Judges and Ministers being withdrawn it is true they were most likely to be complained of but when they cannot be complained of but to my Lord of Strafford this draws a great Dependence on him and makes them amenable to his Will As in the Sentences wherein they concurred and whereby he would justifie himself Again the discouraging of Complaints in this Proposition and the Arguments used to His Majesty provided a Punishment for Clamorous Complaints so that they which had Cause of Complaint being terrified with a Punishment though they were not Clamorous might now be made appear to be so For the Authorities whereby he justifies this Proclamation First He insists on the Lawes of that Kingdom that by the Law they could not depart the Realm and that by an Implication 25 H. 6. But Mr. Palmer observed that that is no Prohibition of coming out of Ireland but if any Liege man c. shall by the Kings Command depart the Realm his Lands should not be seized and the only inference can be That if others went without License their Lands might be seized but not that their persons might be restrained from coming without Licence There were such Provisions and Ordinances in Ireland to which the Instructions following and His Majesties Letter had Reference That those persons that had great Possessions in Ireland in time of Discord were to be resident upon their Land Personally so that their Land might be maintained against Incursions And this is plain by a Statute 28 H. 8. Ca. 3 Reciting the Inconvenience from those they call Absentees That is that having large Possessions by Descent or Graunt did Demurre in England and left those possessions unsafeguarded and by this means the Lands which His Majesty had been at great Cost in Conquering were regained by the Irish and therefore there was a Penalty on those Lands and it is provided that the King shall be Entituled to the Duke of Norfolkes Land for that cause But here is only a Provision that the Lands should be safeguarded but not that the Subject should not resort to the Kings Majesty for
leave to look on what he said that he might not vary And after some Debate thereupon having the Copy of his Examination shewed him He Answered to the said Question That it was only for one word that he desired to look into the Paper and it was whether in the later end he did not say or words to that effect These words about which he is examined did pass between my Lord of Strafford and him in private discourse when he believes neither of them thought they should have been called to an account for them for they were then thinking of raising of Horse and seeing but small sums of Money He asked my Lord how these Forces should be paid His Lordship Answered He made no doubt but that the Parliament would give assistance to the King by 12 Subsidies and if they did that it would sufficiently pay the Army or some such words But said he my Lord Conway What if the Parliament shall not supply the King or not give these Subsidies Then my Lord of Strafford said or words to that effect That the King had need and if the Parliment would not supply the King in those things that were just and lawful to be supplyed and if they would be so wilful as not to supply him then the King was justified before God and Man if he did help himself in the Goods of the Subjects or to this effect tho it were against their Wills Being directed to repeat the words again on my Lord of Strafford's motion His Lordship Answered That in his examination he said words to this effect and so he doth now yet doth not depose absolutely that these very words were spoken but to his understanding and as he then conceived them they were to this purpose when he asked my Lord of Strafford how these Troops then raised should be paid My Lord of Strafford said He made no doubt but the Parliament would supply the King and give him 12 Subsidies And saying again What if the Parliament would not give him that assistance My Lord of Strafford said The cause was very just and lawful and if the Parliament would not supply him then he was justified before God and Man if he sought means to help himself though it were against their Wills Sir Henry Vane being Interrogated whether he did not hear my Lord of Strafford when consideration was had of a Parliament before the last Parliament promise His Majesty in case the Parliament did not succeed he would be ready to serve him in any other way He Answered That he must begin as the Lord that spake last since they have no help of their Examinations which is that the words were such or to such an effect for otherwise they that be Witnesses have a very hard task to play for they lye open to be excepted against and peradventure when they speak truly may be intangled if their memory help them not out But to the Question proposed he says this That upon the 5th of December as he takes it he did hear my Lord of Strafford speak words to that effect as they are now asked to his best remembrance and truly he thinks really he did viz. That truly if the Parliament should not succeed his Lordship would be rea dy to assist His Majesty any other way or words to this effect Mr. Whitlock summed up the Evidence and said There was an intent to call a Parliament to try if they would give the King a Supply and being engaged in a War against the Scots my Lord of Strafford before the Parliament came doubted not but 12 Subsidies would be given and while the Parliament was sitting that was the number demanded by a Message from the King This designe did not take other effect than himself expected and it seems desired for when the Parliament was set and frequently urged by messages from His Majesty to give that very number of 12 Subsidies and that for release of Ship-money only whereas by the old and right course of Parliaments the grievances are in the first place to be considered of and to be humbly presented to His Majesty and upon redress of those grievances the people are to shew their thankfulness to His Majesty for His Grace and Goodness in redressing of them by their free gift of Subsidies My Lord of Strafford changes this course and perswades His Majesty to put the Subsidies in the first place and to fall at first on consideration of supply and that so great a proportion and while the Parliament was in debate of this and before they had resolved whether they would give Supply or no by my Lord of Strafford's advice the Parliament was Dissolved His Lordship confesses in his Answer he did give his Vote for dissolving of the Parliament and they shall make it appear in time that he did procure it After the Parliament was Dissolved my Lord of Strafford goes on endeavouring all that lay in his power to incense a Gracious Sovereign against His loving Subjects to slander the people to the King and for ever to break off all Parliaments and take away the Liberty and Property of the Subject and by what course By Force by bringing in an Army amongst us That was his Advice tho blessed be God His Majesty was pleased to reject it 1. To prove what was said by the Creatures and Friends of my Lord of Strafford Sir Ro. King being Interrogated What words he heard from Sir George Ratcliffe to this purpose That the King had an Army and Money in his Purse and if His Subjects in England should not supply him what use he might make of His Army for supply and the times He Answered That he demanded of Sir George Ratcliffe How the King would do for Money to maintain the Scotch War Sir George Ratcliffe said The King could not want Money His Majesty had an Army of 30000 Men and he had 400000 l. in his Purse and a Sword by his side and if he would want Money who could pity him or words to this purpose To which he the Deponent objected How can this course be taken when the Scotch are on foot unpacified Sir George Answered They can make peace with the Scotch when they please and being riding together to the he the Deponent said That my Lord Lieutenant and the said Sir George had least reason of all His Majesties Subjects to desire a War Sir George Answered It is true For his part he would give 20000 l. to be quit of it but we are now engaged and we cannot but go on and then he the Deponent asking What he would do for Money Sir George Answered The King could not want Money He had an Army c. as before is deposed Being asked what was the reason of making this Demand and whether he did conceive a forcible way was intended He Answered He did understand that by the words That if they would not supply him the King was ready to supply himself Lord Ranalaugh being
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
were to fortifie the place after Landing at Aire and were Shipt and sent away but the Ships were not sent a good while after by reason of the slow proceedings of the Army Being asked whether my Lord of Strafford did not give him direction to get a Coast-Map to let him know the particular place where he intended to Land He Answered That he was particularly commanded to get a Platt drawn and the party that drew it is in Town and can testify that he designed him Being asked Whether he had not Commission and Instructions from my Lord of Strfford to discharge some Ships for the lessening of the Kings Charge and to take only so many as might be fit for the service He Answered That he received that command from my Lord Lieutenant to discharge most of the Ships and none went about but them that were laden with Ammunition and he received direction to take as few Ships as he could to prevent charge to His Majesty and discharged some 10 or 14 Flemish Ships that were fraighted This my Lord of Strafford said he offers because he would not have it stick with any man That in the things concerning the Kings Service necessaries were not ready at the time therefore he would not have any thing asperse him for the King never commanded him any thing but according to what he understood he did it faithfully and never any thing miscarried Sir William Pennyman being asked What my Lord of Strafford's Answer was to him when he told my Lord of some News scattered that the Irish Army were intended for England He Answered He did Ask such a Question and remembers it and may be more particularly than my Lord doth That he was newly come from his Quarter and my Lord told him That some of their Lordships were come with a Petition to the King and among other things Petitioned That the Irish Army should not come over and wondered their Lordships should Petition for that for certainly he should know that particular as much as their Lordships and protested before God they were never intended to set foot on English Ground That he Sir William Pennyman reply'd again Certainly a great many more were in a great deal of darkness and error for he had asked Sir Robert Farrar the Reason the Irish Army did not come over it being the conjecture of a great many they should Land at Workington and his Lordship protested again That he never knew they were to set foot on English ground He the Defendant confesseth he said The Army was to come to Workington and joyn with the Kings Forces at Barwick for he had no reason to prepare the Scots before-hand but to disguise the business though he never thought nor heard of any purpose under Heaven that any of them should come on English Ground And added That he did not rest here but acquainted my Lord of Ormond the Lieutenant-General of that Army my Lord President of Munster my Lord Justice Burlace who now is General of the Artillery that the Army was to be sent for Knockfergus the Northerly part of Ireland and the business to be for Scotland not for England And the sending of all the Stores to the uttermost Confines shews plainly and demonstratively that the Design wrought there howsoever it was pretended in another place The next thing brought into his Charge is from the Mouth of his own Brother and it is narrowly sought after even in his innermost friends his Brother his Table his House his Bed in every place for something to Convince him of that which he thanks God he was never guilty of It is from a Testimony of Sir Tho. Barrington who tells what passed between Sir Thomas and his Brother But in Answer thereunto he offers That what his Brother sayes is nothing to him his Brother is a young Gentleman and in things that concern the Kings service and where there lies the Obligation of an Oath his Brother knows no more from him than a meer stranger nor shall though he knows him well and therefore he hopes this cannot convince him when the whole course of his actions goes another way But thus much he must say for his Brother before he be Examined That when it was first opened in the Parliament House That one near to him in blood should say England would be never well till it be Conquer'd again he could not imagine who in the world it should be And besought their Lordships that since he now comes to know it his Brother may be Asked Whether he knows any thing of it Sir George Wentworth being to speak as to the said Discourse Mr. Maynard opposed this proceeding as tending to the clearing of himself supposing that if they had examined him whether he had spoken the words or no their Lordships would not have suffered him to be examined to charge himself and their Lordships Judgments were humbly demanded whether if he be not to be examined on one side he should be examined on the other But Sir George Wentworth desiring to be heard for his own Justification Mr. Maynard further offered That being for his own Justification he could not under favour of their Lordships be heard And their Lordships directed it accordingly My Lord of Strafford offering to their Lordships That it is easie to mistake words that pass betwixt Man and Man in ordinary and familiar Discourse and that Memories that can remember things so long since he protested are quicker and fresher then ever his was The Committee thereupon offered to confirm the Testimony by some other Circumstances but their Lordships seeming satisfied it was forborn And so my Lord of Strafford concluded that part of the Charge which concerned his Conspiring with Sir George Ratcliffe to bring over the Irish Army to the prejudice of England thinking as he said that he had clearly and evidently demonstrated it to be a truth that will not be denied him that the intendment was for no such purpose and consequently there was no such Conspiracy to any such intent and therefore left it to their Lordships further and wiser and nobler Considerations The next thing is the words Charged to have been spoken after his return into England to sundry persons declaring his Opinion That His Majesty should first try the Parliament here and if they did not supply Him according to His present exigency He might use His Prerogative as He pleased and to Levy what He needed And all the Proofe of these words is the Testimony of my Lord Primate whereunto he hath given that Answer already that he hopes will be satisfactory As to the other part That the King shall be acquitted before God and Men if he take other course to supply Himself though against the good will of His Subjects This he hath Answered already and shall not need to repeat But he finds some things in the Proofes which whether they mean to make use of to prove any of the words he knows not and
the Laws and Government of the Kingdom and the use made of the words is not that they are in themselves Treason but as they prove that intention But this is the work of another time being matter of Law and therefore Mr. Whitlock said he would say no more to it now neither doth it require his Answer nor is it at all to this business My Lord did much insist on it that there was no mention by any of the Lords that were of the Committee for the Scotch Affairs concerning the words of bringing the Army out of Ireland to reduce this Kingdom diverse of their Lordships being to that point examined But Mr. Treasurer Swears in the Affirmative he heard the words spoken and when they come to sum up the rest of these words and applying them to this shew the dependance they have one upon another their Lordships will see plainly that must be his intention and that there could be no other interpretation of his words It is possible for some that were at the Council not to hear the words and yet that disproves not a Witness that sayes in the Affirmative he did hear the words And though some of my Lords do not remember some other passages as That His Majesty was loose and absolved from all Rules of Government yet that is proved by two Witnesses and though the rest remember them not yet that stands clearly proved Other things which some of their Lordships did not remember were proved by three Witnesses Whence it may be deduced that what Mr. Treasurer deposes is to be believed though some of my Lords that were present did not remember it By making a sum and Collection of the words and comparing one with another it will appear very clear that my Lord of Straffords intention was to bring in that Army to reduce this Kingdom And first their Lordships will remember the words that passed betwixt Sir George Rateliffe and Sir Robert King and the Relation between my Lord of Strafford and Sir George Ratcliffe And before my Lord of Strafford came out of Ireland he gave direction to Sir George Ratcliffe and afterwards on a Discourse Sir Robert saying how my Lord of Strafford and how the said Sir George Ratcliffe had least cause to desire a War Sir George replyed We are ingaged not himself onely but We speaking of my Lord of Strafford are ingaged in a War and Sir George sayes further that the King hath 30000 Men and 400000 l. in his Purse and a Sword by His Side and if he wanted Money who would pity Him which cannot be intended but by raising of Money on the Subjects of England But besides their Lordships may remember the expression of my Lord Ranalaugh and Sir Robert King that these Forces were intended to be used for raising Moneys here and that my Lord of Strafford offers to sell his Land in Ireland Besides his Brother said the Commonwealth is sick of Peace and would not be well till it was Conquer'd again which must imply Force and an Army to do it It is a Proof of my Lord of Straffords intention that a Parliament should be summon'd to give Supply and if not that then it should be Dissolved and other Courses should be taken My Lord Primates Deposition is that in case of necessity His Majesty might use His Prerogative might levy what he needed only first it was fit to try the Parliament and if that succeeded not then to use his Prerogative as he pleases My Lord Conway proves the same Intention my Lord of Strafford saying to him That if the Parliament supplied not the King His Majesty would be acquitted before God and Men if he took some other course to supply himself though against the will of His Subjects And it cannot be intended to be against their will but it must be by force for if it be with their will it is voluntary And Mr. Treasurer proves that my Lord would be ready to serve the King any other way that is by Force by Armes or any way whatsoever Their Lordships may remember his words to His Majesty That the Parliament had denyed to supply Him that they had forsaken Him which was onely to incense His Majesty against Parliaments He told my Lord of Bristol in that Discourse with him that His Majesty was not to suffer Himself to be Mastered with the frowardness and undutifulness of His People and if His Majesty was not to suffer Himself to be Mastered by them but to Master them it cannot be but by strength of others My Lord of Holland proves more fully and my Lord of Newbrough concurs with him that His Majesty had an Advantage to supply Himself other wayes because the Parliament had denyed to supply Him And there be no other wayes save Parliament-wayes but extraordinary and illegal wayes My Lord of Strafford hath much laboured to answer and qualifie the last words but he comes short of it And those words are as fearful and of as high a nature as can be expressed by a Subject and by a Counsellor to his Soveraign The first part of the said last words are clearly proved by the Testimony of my Lord of Northumberland and Mr. Treasurer That the King had tryed His People and was Absolved from all Rules of Government That He was to do all that Power would admit that he had tryed all wayes and was refused and should be acquitted before God and men The latter part Mr. Treasurer onely reaches to that His Majesty had an Army in Ireland which He might imploy to reduce this Kingdom and comparing these words with the former if the King be absolved from all Rules of Government Which way can that Power be used but by bringing in an Army the latter words being dependant and consequent to the former and if they be compared together and sum'd up their Lordships will be satisfied that this was the intention of my Lord of Strafford to bring an Army out of Ireland into this Kingdom to reduce it and that his purpose was by a strong hand to compel the Subjects of the Kingdom to submit to an Arbitrary Power and whatsoever should be imposed on them And whereas my Lord makes it a great part of his excuse that nothing was executed upon this Counsel we must give humble thanks to His Majesty for if his Counsel might have taken place no doubt but that had been done which was laboured and advised to be done But a Gracious Sovereign would not take hold on those Counsels but rejected them as to that though so much was done on other Counsels and Misinformations of my Lord of Strafford as my Lord of Strafford will never be able to justifie That nothing is done is no excuse to him It is an Obligation to the Kings Subjects the more to Love and Honor him But it shews clearly my Lord of Straffords intention if it might have taken place to have changed the Lawes to have brought an Army upon us and by
ad fidem legem Angliae The Irish without the Pale were enemies always either in open act of Hostility or upon Leagues and Hostages given for securing the Peace and therefore as here in England we had our Marches upon the frontiers in Scotland and Wales so were there Marches between the Irish and English Pale where the Inhabitants held their Lands by this tenure to defend the Countrey against the Irish as appears in the close Roll of the Tower in the 20th year of Edw. 3. membrana 15. on the backside and in an Irish Parliament held the 42 year of Edw. 3. it 's declared That the English Pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but only that the Owners reside upon their Lands for defence and that absence should be a forfeiture This Act of Parliament in a great Council here was affirmed as appears in the close Roll the 22 year of Edw. 3. Membrana 20 dorso Afterwards as appears in the Statute of 28 Hen. 6th in Ireland this Hostility continued between the English Marches and the Irish Enemies who by reason there was no difference between the English Marches and them in their apparel did daily not being known to the English destroy the English within the Pale Therefore it is enacted that every English-man shall have the hair of his upper Lip for distinction sake This hostility continued until the 10th year of Henry the 7th as appears by the Statute of 10 H. 7th and 17th so successively downwards till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap. Nay immediately before and at the time of the making of this Statute there was not only enmity between those of the Shire-ground that is the English and Irish Pale but open War and acts of hostility as appears by History of no less Authority than that Statute it self for in the first Chapter of that Statute is the Attainder of Shane Oneale who had made open War was slain in open War it 's there declared That he had gotten by force all the North of Ireland for an hundred and twenty miles in length and about a hundred in breadth that he had mastered divers places within the English Pale when the flame of this War by his death immediately before this Statute was spent yet the Firebrands were not all quenched for the Rebellion continued by Iohn Fitz-Gerard called the White Knight and Thomas Gueverford this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High Treason for levying of War this Eleventh year wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being War between those of the Shire-grounds mentioned in this Statute and the Irish the concluding of War and Acts Offensive and Invasive there mentioned can be intended against no others but the Irish Enemies Again The words of the Statute are No Captain shall assemble the people of the Shire-grounds to conclude of Peace or War Is to presume that those of the Shire-grounds will conclude of War against themselves Nor with the Statute Shall carry those of the Shire-grounds to do any Acts Invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly The words are That as Captain none shall assume the Name or Authority of a Captain or as a Captain shall gather the people together or as a Captain lead them the offence is not in the matter but in the manner If the Acts offensive were against the Kings good Subjects those that were under Command were punishable as well as the Commanders but in respect the Soldiers knew the service to be good in it self being against the enemies and that it was not for them to dispute the Authority of their Commanders the penalty of 100 l. is laid only upon him That as Captain shall assume this Power without Warrant the People commanded are not within this Statute My Lords The Logick wherupon this Argument is framed stands thus because the Statute of the Eleventh year of Queen Elizabeth inflicts a penalty of 100 l. and no more upon any man that as a Captain without Warrant and upon his own head shall conclude of or make War against the King's Enemies Therefore the Statute of the Eighteenth year of Henry the 6th is repealed which makes it Treason to lay Soldiers upon or to levy War against the Kings good People But my Lords Observation hath been made upon other words of this Statute that is that without Licence of the Deputy these things cannot be done this shews that the Deputy is within none of the Statutes My Lords This Argument stands upon the same reason with the former because he hath the ordering of the Army of Ireland for the defence of the people and may give Warrant to the Officers of the Army upon eminent occasions of Invasion to resist or prosecute the Enemy because of the danger that else might ensue forthwith by staying for a Warrant from His Majesty out of England My Lords The Statute of the 10th year of Henry the 7th chap. 17. touched upon for this purpose clears the business in both points for there is declared That none ought to make War upon the Irish Rebels and Enemies without Warrant from the Lieutenant the forfeiture 100 l. as here the Statute is the same with this and might as well have been cited for repealing the Statute of the 18th year of Henry the 6th as this of the 11th year of Queen Elizabeth But if this had been insisted upon it would have expounded the other two clear against him Object My Lords it hath been further said although the Statute be in force and there be a Treason within it yet the Parliament hath no Jurisdiction the Treasons are committed in Ireland therefore not triable here Answ. My Lords Sir Iohn Parrot his Predecessor 24 Edw. was tryed in the Kings Bench for Treason done in Ireland when he was Deputy and Oruche in the 33 year of Queen Elizabeth adjudged here for Treason done in Ireland Object But it will be said these Tryals were after the Statute of the 34th year of Henry the 8th which enacts that Treasons beyond Sea may be tryed in England Answ. My Lords his Predecessor my Lord Gray was tryed and adjudged here in the Kings-Bench that was in Trinity Term in the 33 year of Henry the 8th this was before the making of that Statute Object To this again will we say That it was for Treason by the Laws and Statutes of England that this is not for any thing that 's Treason by the Law of England but an Irish Statute So that the question is only Whether your Lordships here in Parliament have cognizance of an offence made Treason by an Irish Statute
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 two witnesses concerning the Kings being loose and absolved from rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary power above the Law in this Kingdom will upon the proofs putting them altogether and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his people for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristols memory is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four days after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgements whether here be not a good proof of the Article laid to his chage My Lords in the Seven and twentieth Article he is charged with levying of War upon the Kings people by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levied on the Subjects Goods Then his Declaration
for the most part Papists tending to the subversion of the Fundamental Laws in England 517 Article XXIII read Wherein he is changed with Words That His Majesty having tryed the Parliament he was loose and absolved from all Rules of Government and was to do every thing that Power would admit c. 518 Article XXIV Read charging him that he declared that the Parliament had forsaken the King in denying to supply him and that the King was not to suffer himself to be mastered by the frowardness of the People 519 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 520 to 581 Article XXV read Charging the Earl that the Lord Mayor and Aldermen refusing to certify the Names of such Citizens as were able to lend Money he said they deserved to be put to Fine and Ransome and some of the Alderm hanged up 582 The Charge opened by Mr. Maynard 583 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 583 to 587 Article XXVI read Charging him that he did approve of two wicked Projects to seize upon the Bullion and Money in the Mint and embase His Majestys Coyn with a mixture of Brass c. 589 The Charge opened by Mr. Maynard 590 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply 590 to 597 c. Article XXVII read Wherein the Earl is charged that he did by his own Authority impose a Tax on His Majestys Subjects for the payment of the Soldiers and caused the same to be levied by force 600 The Article opened by Mr. Maynard 601 The Petition of the Gentry of York read as Evidence 602 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 603 to 627 More passages Interlocutory 629 to 632 Attainder see Act and Bill Bill brought in for continuance of the Parliament 743 Bill of Attainder and Bill for Continuance of the present Parliament passed the Lords House 755 Bill to be drawn up for the Pressing of Mariners 755 A. Bishop of Canterbury settles an inviolable friendship with the Earl 769 The Bishops decline giving their Suffrages in matters criminal 41 Bishops enabled in Ecclesiastical affairs by Warrant from the Earl of Strafford see Art 9. 236 Bishops Iudges c. sent for to attend the King at Whitehall the day before His Majesty consented to pass the Bill of Attainder 756 Bullion in the Mint to be seized see Art 26. 589 C. CLosets placed in Westminster-Hall whither the King Queen and Prince retired 41 Commissioners of Scotland to bring in their proofs against the Earl 18 Commissions granted to the Earl of Worcester and his Son for levying of Horses to be drawn into the Charge against the Earl of Strafford 19 Committee appointed to be present at the private Examination of Witnesses 6 Committee touching the Examination of Members named 14 15 16 A select Committee of both Houses appointed to meet at a Conference concerning the Trial of the Earl 33 Commons House approves of the Petition delivered by certain Peers to the King at York for the calling of a Parliament 6 Right of the Commons in the proceedings in the Lords House in Cases of Impeachment to be considered of by a Committee 21 The Commons to meet only as a Committee of the whole House at the Trial of the Earl and in the House constantly at two of the clock in the afternoon during the time of Trial 42 Names of the Members of the House of Commons who are desired to be present as Witnesses at the Trial of the Earl 44 Conference That all the Ports in Ireland be open 4. Conference about sending for Sir George Ratcliffe a Member of Parliament in Ireland 4 Conference about disbanding the new levied Irish Army 18 Conference to Sequester the Earl from his Offices 20 Conference as to place of Trial as to the persons present as to Conncil and management of the Evidence 34 to 37 Conference is desired with the Lords to know to what purpose the Earls Council should be heard 47 Council of the Earl concerning matters of Law to be to morrow heard in Westminster-Hall 47 In Criminal matters the Bishops decline giving their Suffrages 41. Interlocutory passages about admitting Sir Pierce Crosby to be examined 109 Customs Farmed for the Earls use see Art 10. 241 D. LOrd Digby goes up to the Lords to desire a free Conference concerning Articles against the Earl 9 His Speech to the House of Commons to the Bill of Attainder 50 Sir Kenelm Digby to be removed from Court 42 Lord Dillon's Case of Ireland to be reported by the Committee 19 E. LOrd Viscount Ely his Case in Ireland to be reported by the Committee 19 The Evidence against the Earl to be managed by a Committee of the House of Commons 32 Evidence offered by the House to the Committee to corroborate the latter part of the 23 Article 45 Evidence for the Earl to be recollected by him to morrow which done the managers are to state their Evidence 47 Examinations taken before the Lords to be delivered to the Commons appointed to draw up the Charge against the Earl 19 Examination of the Lord Primate of Ireland debated 44 Exceptions by the Earl and other unnecessary delays to be prevented 43 Exceptions taken by some Members to the Lord Digby's Speech 55 F. FIne and Ransome to be put upon those who refuse to lend Money see Art 25 582. Flax a great quantity thereof in the Earl of Straffords hands c. see Art 13. 416 Forces made use of to Levy Money see Art 25. 426 Forces in Wiltshire Hampshire Kent and Sussex be drawn towards Portsmouth and Dover 740 G. MR. Glyn's Reply 706 to 733 Gondamore an Agent from Spain a sower of Seeds of Distraction among us 765 Col. Goring his Examination 746 His Vindication by Vote of the House 755 H. EArl of Holland General of the Army 751 Lord Hollis his Speech to the Lords to promote the taking a Protestation 741 Hubub in the City that the House was beset and in danger I. IMpeachment against the Earl read 101 He is declared an Incendiary of the War with Scotland see Art 20. 515 The Introductive Speech of Mr. Pym as to the Preamble of the Earls Answer 102 to 109 Petitions and Complaints from Ireland there reported by Mr. Whistler 10 Irish Affairs to be considered of by a Committee of the whole House 1 Irish Remonstrance reported by Mr. Whistler 7 Irish Remonstrance read 11 12 13 New levied Irish Army a Conference about disbanding them 18 42 Irish Army consented by the King to be disbanded 756 Irish Army words spoken c. tending to the bringing the same into England 46 725 E. EArl of Kildare his Case of Ireland to be reported 19 The King declares the Ports in Ireland to be open 6. King Queen and Prince come to their private Closets placed in
November 6th 1640. THe House of Commons having in the first place according to ancient Custom setled all their Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges It was moved That in regard the Complaints of the Kings Subjects in Ireland were many who had undergone great Oppressions in that Kingdom by Male-Government there and come to this Parliament for Relief might be referred to a Committee of the whole House for that purpose only to be appointed This motion being made by Mr. Pym and seconded by Sir Iohn Clotworthy avowing many particulars of the Complaints mentioned to be true it made a Discovery to such as were well-wishers to Thomas Lord Wentworth Earl of Strafford and Lord Lieutenant of Ireland that this Motion was intended by a side-wind to accumulate Complaints against him the said Lord Lieutenant in order to an Accusation so when the question was put after long debate viz. Whether the Irish Affairs should be referred to a Committee of the whole House The House was divided Sir Iohn Clotworthy and Sir Henry Mildmay being of Opinion for the Yeas were appointed Tellers of the number of the Noes and Sir Edward Bainton and Sir Richard Luson being of Opinion not to refer this business of Ireland to a Grand Committee conceiving it without President were appointed Tellers of the number of the Yeas and when they had told all they came up to the Table and made this Report to Mr. Speaker That there were with the Yeas 165 and with the Noes 152 whereupon it was Resolved upon the Question That the Irish Affairs should be referred to a Grand Committee of the whole House to meet to morrow in the Afternoon at Two of the Clock in the House and afterwards every Thursday at the same hour and place And this Committee is Ordered to have the like Power as the other Grand Committees of the whole House have This Vote being carried for a Grand Committee as to Irish Affairs a Cabal of Friends to the Earl of Strafford sent down post unto him into York-shire to acquaint him that they apprehended a Design against him in the making of this Committee and left it to his own Election whether he would stay still on the Head of his Army or come up to the Parliament But if he did incline to come up that he would at his first appearance Impeach some Members of both Houses if he had Evidence for the same of being privy to the bringing the Scotch Army into this Kingdom and told him It was his wisdom to begin first and not to be first Impeached as the Earl of Bristol was by the great Duke of Buckingham The said Earl upon the receipt of this Advertisement suddenly resolved to come up and abide the Test of Parliament But his Friends then with him in the North told him That his frank appearance would make Politâ—ans doubt whether he did thereby assume his Judgment and wonted Prudence to go thus from his Army to the Parliament where his Wisdom could not but know that the Scots and Scotizing-English had resolved his destruction and therefore said they unto him It were better to keep under the safe-guard of the English Army at his Command from which he had acquired some affection or retire to the Army in Ireland then being also at his Devotion or take Sanctuary in some Forreign Parts till fair weather might invite him home neither said they would Discretion Vote it a betraying of his Innocency to decline a Trial whereby the means of Factions raised in England and Scotland by his malicious Prosecutors and backed with Power his Innocency could not protect him They further told him that if Sentence should pass against him for Non-appearance yet he had kept his freedom till better times when he might have occasion to do His Master better Service abroad than in Council at White-hall But the said Earl conceiving he had got good Evidence in the North that the Scots came in by Invitation and Confederacy between the Heads of the Covenanters and some of the English Members of both Houses and having digested such his Intelligence almost into the form of an Impeachment he posted up with the same intending to present it to the House of Peers as soon as he arrived there But on Wednesday Nov. 11th the House of Commons being acquainted by a Member that there was a business of great weight to be imparted desired the House that the Lobby without might be first cleared and the Key of the House brought up to the Table which was done accordingly and as the House had entred into debate about the Earl of Strafford there came a Message from the Lords by the Lord Chief Justice Bramstom and Judge Foster That the King had commanded the Lords Commissioners who were appointed to Treat with the Scots Commissioners at Rippon to give an Account to both Houses of Parliament of that which passed there and at York and thereupon the Lords desire there may be a meeting by a Committee of both Houses this Afternoon in the Painted-Chamber at Three of the Clock if the occasions of this House will give leave At this time many Members of the House conceived this Message was now sent to get Intelligence what private debate was in hand The House of Commons returned this Answer by the same Messengers That at this time they were in Agitation of very Weighty and Important Affairs and therefore they do doubt they shall not be ready to give them a meeting this Afternoon as the Lords desire but as soon as they may they will send an Answer by Messengers of their own After the Messengers were withdrawn the House proceeded in the Debate they were in before and appointed a Committee to prepare matter upon the said Debate for a Conference with the Lords concerning the 〈◊〉 of 〈◊〉 and named seven Members viz. Mr. Pym Mr. Stroud Mr. St. Iohn Lord Digby Sir Iohn Clotworthy Sir Walter Earle and Mr. Hampden Which select Committee retired immediately into the Committee-Chamber to prepare Matter of a Conference to be prayed with the Lords and a Charge against the Earl of Strafford The said Committee presently returned to the House and reported the Matter to them referred Whereupon it was Resolved upon the Question That a Message be sent from this House to the Lords in the Name of this House and of all the Commons of England to accuse Thomas Lord Wentworth Earl of Strafford Lord Lieutenant of Ireland of High Treason and to desire that he may be Sequestred from Parliament and be Committed to Prison and that within some convenient time this House will resort to their Lordships with particular Accusations and Articles against him Mr. Pym went up with this Message to the Lords and at his Return made this Report to the House That he had Repaired to the Lords and there in the Name of this House and of all the Commons of England did Accuse the said Earl of Strafford
not continued it will prove of evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very able and expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 men were drawn out of the old to make Officers for the new Army and believeth the 1000 put to the old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Souldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practiced before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Ulster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have setled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 men who still remain in the King's pay and were sent into Ulster to secure those Parts or to land in Scotland to
Conference and Mr. Whitlock is to manage it Friday April 2. 1641. Post Merid. Mr. Pym went up to the Lords to desire That such of their Lordships as this House shall have occasion to make use of in the Trial of the Earl of Strafford would be pleased to be present at the said Trial and by Name the Lord Treasurer Lord Admiral Earl of Bristoll Earl of Holland and Lord Conway be also named to the House with some other Lords that the House should have occasion to make use of namely the Lord Primate of Armagh E. Morton and Lord Newburgh Mr. Pym likewise nominated some Members of this House viz. Mr. Treasurer Sir William Pennyman Sir Iohn Hotham Sir Hugh Cholmly Mr. Henry Cholmy Mr. Thomas Price Sir Iohn Strangways Mr. Controllor Mr. Henry Piercy Sir William Envidale Sir Frederick Cornwallis Sir Henry Mildmay Mr. Nichols Mr. Fines Sir Thomas Heale Sir Thomas Barington Mr. Herbert Price a Note of these Names was given to the Serjeant at Arms attending on this House and he is Ordered to give Notice to the Members of the Lords to be present upon all occasions Saturday April 3. 1641. Post Merid. The Petition of Thomas Earl of Strafford was this day read and the like Order made upon it as was made upon the Petition of the 20th of March. Tuesday April 6th 1641. Post Merid. The humble Petition of Thomas Earl of Strafford was read and the same Order made upon it as was upon that of the 20th of March. Friday April 9th 1641. Post Merid. The Lord Russel is appointed to go up to the Lords to desire a Conference by a Committee of both Houses concerning the Proceedings in the Trial of Thomas Earl of Strafford The Heads of the free Conference to be to this effect To acquaint the Lords with the great Necessities of the Kingdom the Pressures of the Time and how much time has been spent in this Trial How prejudicial it will be to the Kingdom if any more then has been be spent and therefore to desire that to morrow may be appointed for a Peremptory day for the Earl of Strafford to be heard if he will come otherwise that the Committee of this House may proceed to the Replication to the whole matter and the Earl of Strafford to be absolutely concluded for saying any more to the matter of Fact Mr. Pym is to manage this Conference and Mr. Glyn and Mr. Hampden are joyned unto him as Assistants Mr. Pym acquaints the House That he hath delivered to the Lords what he was intrusted with by this House concerning the Trial of Thomas Earl of Strafford They gave no other Answer then that they would send Answer by Messengers of their own A Message from the Lords by Baron Hendon and Mr. Heath That the Lords have taken the last Message to this House into Consideration and have Resolved That if the Earl of Strafford come to morrow he may proceed according to the former Order if he comes not that then this House may proceed to Sum up the Evidence as to matter of Fact and the Earl of Strafford to be concluded as to matter of Fact Saturday April 10th 1641. Post Merid. Mr. Glyn Reports from the Committee for the Earl of Strafford some Grounds concerning the further Evidence that is offered by the Committee to corroborate the Evidence upon the latter part of the 23. Article And thereupon Sir Henry Vane the younger and Mr. Pym are appointed by this House to declare their whole knowledge concerning the matters contained in the 23. Article against the Earl of Strafford and how and by what means they came to the knowledge thereof which when they had done what Paper was produced by Mr. Pym and so much of it read by him as concerned the Earl of Strafford And then it was Resolved upon the Question That the Paper whereof Mr. Pym had now read in part shall be all of it read which was done and Notice being given of a Message from the Lords It was Ordered That all the Members keep their Seats and go not out of the House without leave Resolved upon the Question That the Bill of Attainder of the Earl of Strafford of High Treason shall be now read And accordingly the Bill was twice read Monday April 12. Post Merid. The Heads of a Conference to be desired with the Lords touching the Proceedings against the Earl of Strafford 1. The Narrative of the Evidence the Committee intended to have given on Saturday last concerning which they resorted to the House of Commons for further Direction to which Evidence two Members of this House were ready to depose The House fell into a great and long debate of the second Head And in the mean time Mr. Hampden went up to the Lords with this Message to signifie unto their Lordships That this House is now in Debate of a business of great Importance which they do intend to Communicate unto their Lordships but are not yet fully ready for a Conference and therefore they do intreat their Lordships would be pleased to sit a little while and they hope they shall come up very suddenly unto them The Earl of Strafford's Committee who retired to prepare the Second Head after some stay returned and presented this following to the House for a Second Head which was read and allowed of by the House viz. 2. That the House having taken Consideration thereof did conceive it very material that in regard of the Danger and Distractions of the present Times and that what time might be spent in Debate touching the admitting of the Evidence they Resolved to come to a general Reply setting aside that Evidence for this time saving to themselves their Rights to make use of the said Evidence for the farther Prosecution of the 23. Article if their Lordships shall be unsatisfied concerning the same without admitting the said Earl of Strafford to examine upon any of the other Articles which the House doth do to the end that the business might come to some speedy Conclusion the loss of time being of extream Danger and ill Consequence to the Common-wealth as they conceive Mr. Hampden brings Answer That the Lords will sit a convenient time 3. The third Head That upon occasion of discovery of this Evidence a Paper was read in the House whereby it did appear that at the same time when the dangers abroad were spoken by the Earl of Strafford touching the bringing the Irish Army into England other words were spoken by two others then present descyphered by those Letters L. Arch. and L. Cott. by which We conceive is meant the Lord Archbishop of Canterbury and Lord Cottington very full of Pernicious Counsels to the King and Slander to the Commons Assembled in the last Parliament as will appear if their Lordships will be pleased to hear the Papers read which Paper the Committee is commanded to read and leave it to their Consideration and to desire that their Lordships will take some course that it
piece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the King's Liege-people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare That the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgment of His Supremacy only but to the Ceremonies and Government of the Church Established and to be established by His Majesties Royal Authority and said That the Refusers to obey he would prosecute to the blood XX. That the said Earl hath in the 15th and 16th Years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotish Nation and divers and sundry times and especially since the pacification made by His Majesty with His said Subjects of Scotland in Summer in the 15th Year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation And the said Earl by his Counsels Actions and Endeavours hath béen and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his mind towards His Majesties Subjects of the Scotish Nation viz. the Tenth day of October in the Fiftteenth Year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased His Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article only excepted and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War XXI That the said Earl of Strafford shortly after his Spéeches mentioned in the last precedent Articles to wit in the 15th Year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North and had a pacification with his Subjects of Scotland he laboured by all means to procure His Majesty to break that pacification incensing His Majesty against His Subjects of that Kingdom and the procéeding of the Parliament there And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he counselled His Majesty to call a Parliament in England yet the said Earl intended that if the said procéedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs he would then procure His Majesty to break the same and by ways of force and power to raise monies upon the Subjects of this Kingdom And for the encouragement of His Majesty to hearken to his advice he did before His Majesty and His Privy-Council then sitting in Council make a large Declaration that he would serve His Majesty in any other way in case the Parliament should not supply him XXII That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their Assistance in a War against the Scots and gave directions for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederacing with one Sir George Ratcliff did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Maiesties Subjects and of altering and subderting of the Fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford returned into England and to sundry persons declared his Opinion to be that His Majesty should first trie the Parliament here and if that did not supply him according to his Occasions He might use then His Prerogative as He pleased to levy what He néeded and that He should be acquitted both of God and man He took some other courses to supply Himself though it were against the wills of His Subjects XXIII That upon the Thirtéenth day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did accordingly to the Trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesties referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Spéeches and Messages to urge the said Commons House to enter into some Resolution for His Majesties supply for maintenance of His War against His Subjects of Scotland before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a Demand was then made from His Majtsty of Twelve Subsidies for the release of Ship-money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some supply before any Resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to dissolve the said Parliament upon the Fifth day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had béen Members of the said House of Commons by telling His Majesty They had denied to supply him And afterwards upon the same day did traiterously and wickedly Counsel and Advise His Majesty to this effect viz. that having tried the affections of His People he was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tried all ways and was refused and should be acquitted towards God and man and that he had an Army in Ireland meaning the Army
the Nation of them not this or that man are Rebels and Traytors And if it please the King to bring him back to the Sword indeed he is fit for that it is a violent weapon he will root out the Scottish Nation Branch and Root some few excepted of those that had taken the Oath When he comes into England he find that His Majesty with great Wisdom had pacified those Storms and Troubles that threatned us there Yet he doth incense the King still to follow this to an Offensive War and prevails He plots to call a Parliament but with an intention if it furnished not his design it should be broken and he would set up other ways of force to raise Moneys of the Kingdom and this fell out unhappily For thus far his project took the Parliament was broken and broken at the very time when the subject was in debate and consideration how to have yielded Supply to His Majesty But that he might break it he falsly informs the King That the Parliament had denied to Supply him there is his Counsel that the Parliament had forsaken the King and now the King having tryed his People might use all other ways for the procuring and raising of moneys and the same day wherein that Parliament was unhappily Dissolved he gives his further Counsel to His Majesty which because no man can put such a Spirit of Malice into the words besides himself I shall take the boldness to read That having tryed the Affections of his People he was loose and absolved from all Rules of Government and he was to do every thing that Power would admit And that His Majesty had tryed all ways and was refused and should be acquitted both of God and man And that His Majesty had an Army in Ireland which he might employ to reduce this Kingdom It is added in the printed Book to reduce them to Obedience I know not who Printed it but the Charge is only to reduce this Kingdom And My Lords you may please to consider what a sad time this man took to reflect upon these bad Councels when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament And what doth he advise the King what positions offers he That he was absolved from all Rules of Government If there be no Rule of Government My Lords where is the Rule of Obedience for how shall the People know to obey when there is no Rule to direct them what to obey He tells the King he was refused which was untrue for he was not refused to the last breath we had in Parliament but we spake in that point how to supply the King and to prefer it at that time before the Complaints of our just Grievances But what doth he fall into that which in another Article we charge him with a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion to root out our Laws and Government a pernicious Counsel He says not you shall do it but he that perswades it doth as much as if in express terms he had councelled the acting of it Doth he mean that we should be to his Irish Pattern for speaking of the Irish Army consisting of Papists and his Adherents he said that he would make it a Pattern for all the Kingdoms did he mean to reduce us to the Pattern that he had placed in Ireland Surely he meant to reduce us to a Chaos and Confusion He would have us without all Rules of Government and these be the means wicked and cruel Councels and the Cruelty of an Army inspired with his Spirit and consisting of Papists Enemies of our Religion And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands That cannot but strike all English Hearts with Horrour and Dread that an Irish Army should be brought into England to reduce the Subjects of England I hope we never were so far gone in any thing as that we should need an Army to reduce us I cannot but say here is the Counsel of Haman when he would in one day cut off all the Iewish Nation and have the King intend a Favour to him The King propounds a question What shall be done to the man whom the King will Honour Haman thought in his heart Whom will the King Honour but my self And so my Lord of Strafford having raised this Army it was set up by him and if such a Counsel as this was entertained into whose hands should it be put here were Hamans thoughts who should have the Power of it but he that hath inspired it and since maintained it Truly My Lords it was a desperate Counsel and methinks the Counsel of Achitophel might have been compared to it for when he had stirred up the Rebellion of Absalom against his Father he perswades Absalom to that which might breed an irreconcilable hatred between them Yet a Father and a Son might be reconciled But he that adheres to the Son in this case might not so easily forgive Therefore this Lord falls upon a Counsel which he thought would never be forgiven A Counsel of irreconcilable difference to subdue us by Force and Power and takes away all possibility of Addressing our Complaints to the King as he had done from those of Ireland when he not only forestalls their Complaints but by a Proclamation takes order that none should come over too without his Licence which was in effect that none should complain of his Oppression without his good liking Some violent Speeches he uses suitable to these Counsels That no good would be done upon the Aldermen till they were hanged That the French King employed Commissaries to look into mens Estates which will be insisted upon in their proper place Next he levied eight pence a day for maintenance of the Trained Soldiers against the Will of the Country which he said was done by the consent of the Lords of the great Councel which we know is untrue And we shall prove it untrue in the other part where he says it was done freely by consent of the Gentlemen of the Country Most of them that did consent were his own Friends and Papists But the Petition of the Country as to that part of it that concerns a Parliament he rejected because he would have no Parliament And he prefers another in the name of the Country and that he calls The Petition of the Country And now I shall apply my self to the proofs and shall take care to offer nothing but what will fall out to be proved And shall first apply my self to the first Article concerning the Commission for the North parts where an Arbitrary Power was thereby granted as is used in the Star-Chamber and Chancery In the opening of it first we shall produce the Commission of 8 Car. and that of 13 differs but little from it We shall shew that these Clauses were procured by him to be inserted upon occasion
Communicate it to any man till I brought the Letter because I was resolved to speak of it to no man living and in conclusion left it wholly to the Council For the words That I would not lose my share in the Honour of that Sentence if I spake the words I meant the Justice and satisfaction done me by that Sentence being by the prime Officers of the Kingdom And whereas it was said yesterday that though I thought it hard to lay words to my Charge yet I thought it not hard to lay words to the Lord Mountnorris his Charge there is a difference between laying words to a man's Charge to Accuse and Condemn him of High-Treason to loss of Estate Life Honour and Posterity and pressing words to only two days Imprisonment being only intended to discipline my Lord Mountnorris and teach him to govern his Speech with more modesty His Defence to the business of Denwitt's Execution He confesses his Vote concurred and thinks he had Authority and may justifie it He produced the Sentence Dated 13. February 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef and running away from his Colours in breach of the 9th and 6th Articles for which he was sentenced to Death according to the use of Martial-Law His Lordship opened the Nature of the Offence being committed at a time when the 500 men were attending to go to Carlisle and the Example might be dangerous and desired Sir George Mountnorris might be asked Whether Denwitt was not convicted to be guilty adding that he had been burnt in the hand and running from his Colours is death by the Laws of Ireland He produced a Statute of Ireland 20 H. 6. C. 19. whereby it is Enacted That every man that receives the King's Wages and departs from his Captain c. shall be proceeded against as a Felon As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony and the Offendor to undergo punishment of Law And 10 H. 7. all Laws formerly made in England are to be in force in Ireland and so that of 7 H. 7. For further clearing whereof he refers himself to the Council One of the Managers did make Reply in substance as followeth That if this Fact be not Treason yet it seems to prove his Intention to subvert the Law which is Treason Whereas he hopes for the King's Mercy so the Commons do as really trust for the King's Justice The Commission he insists on is limitted with Si opus fuerit and the King intends Execution according to Law Magna Charta and the rest of the Laws of England being of force in Ireland There hath been an Army in pay in Ireland since Henry the Eighths time and so there are some in pay here in Portsmouth and Plymouth and yet it follows not England must be Governed by Martial-Law The Lord Wilmott was produced by him to justifie the publishing of Orders and exercise of Martial Law in Ireland But we Appeal to your Lordships Whether he gave Testimony of executing any by Martial-Law Sir Adam Loftus says There are Provost-Marshalls and they do use to put men to death but they are Rebels whom they execute which squares not with this Case only that of Sir Thomas Wayneman is a full President For the King's Letter it is written on his Information and if the King's Ministers misinform him He is just before God and men and the Letter directs Reparation as it was fit there should be My Lord pretends he was no Judge in the Cause your Lordships may remember who procured the Letter to proceed and who sate there to manage the business though he sate with his Hat off if he would have been indifferent he should have left the Counsellors to themselves And when some moved they might proceed on one Article he cryed both and so he was the Procurer of the Sentence with which he is charged not with the Voting of it He pretends he sate by and said nothing yet no man talked more at the Sentence than himself He proves not the Course of Martial-Law and there is a Judge-Marshal to whom in any proceedings in a Martial way address should be made and it was desired he might be called to testifie how they went about it Another of the Managers did add by way of Reply That whereas my Lord of Strafford insists much as if Martial-Law were part of the same Law of Ireland but the 25 E. 3. is in force there and that is recited in the Petition of Right in force here as the ground why Martial-Law ought not to be in England and therefore there is the same ground why it should not be in Ireland For that Commission he speaks of Opus est is Martial-Law when there is bellum flagrans but what need was there of Martial-Law in my Lord Mountnorris his Case when he would rather lose his Hand than the Sentence be executed For the Orders made by my Lord Wilmott and others there is difference between making an Order in way of terror for fear of Execution and putting that thing in execution Many Witnesses are produced to prove the practise but not one speaks in point of Execution unless upon Rebels and Traytors and such as would not come into Law whereas my Lord Mountnorris was had into the Law Whereas he takes the Example of those before him the Commons cannot see the Restrictions put upon his Commission for Martial-Law but in the preceding Deputies time there was a limitation that the Provost should leave the Souldiers to trial at Law except in time of War and Rebellion The Statute of 20 H. 6. is against him for it makes the Souldiers running from his Colours Felony and certainly meant it should be tried by that Law that makes it Felony which would have given him the benefit of Clergy not by Martial-Law And though he thinks he may justifie it he falls at last to a Pardon He says He acquainted no body before hand with the business but if he may give the Interpretation he will be sure to put a good end to it if he would not prepare the Council for Justice why should not the Delinquent be prepared The words are pretended to be spoken in April my Lord of Strafford procures the King's Letter in Iuly and questions it not till December here is no opus est The very words of the Order the Witnesses were examined by our Command which make it his own One of the Managers desired that two of the Instructions of former Deputies might be read To this my Lord of Strafford excepted as supplemental and dangerous and not warranted by any other Judicature After some debate touching the admitting of my Lord of Ely to be examined to the Course of Martial-Laws in Ireland being new matter arising out of his Answer It was Resolved that he should be examined only to that new matter The Earl of
Ely sworn was examined what was the proceedings of the Marshalls Court when he was Judge-Marshall and how long he had been so He Answered He was 40 years since Judge there and for the manner of proceeding There was never any Deputy or Governor of that Kingdom but they had a Commission of Martial-Law to be exercised in the time of their Government but the exercise of that Law was two-fold one was Summary the other was Plenary That which was Summary and short was committed to the Provost-Marshall that sought after the Rebels and Kernes that kept the Woods These when they were apprehended the Provost-Marshall hanged them on the next Tree and this was in poor Cases where the estate of the party that prosecutes is not worth 40 s. In the second which is the Plenary proceeding there are three Considerations to be had of the time the place and the person the time must necessarily be in time of War the place in the Field and the persons must be such as are subject to the Rule of Martial-Law And the proceeding was thus The parties complained the other appearing an Information was drawn in writing Witnesses produced and reduced in writing a Sentence given absolutely or condemnatory and the Party punished or acquitted and the Warrant directed to the Provost-Marshall to put the Judgment in Execution But when the Army was dissolved and every one returned to their own home Souldiers Captains and Commanders this Power ceased and was no farther executed for it had been an extraordinary damage to His Majesty that by the Martial-Law every one should be tried for he loses nothing but his life not his Lands or his Goods and therefore the proceeding without was so slow and seldom that he had not remembred any man of quality worth 100 l. or 200 l. in thirty years to have been executed by Martial-Law Here the Manager did offer the Instructions given in my Lord Faulkland's time which Mr. Fitz-Gerard testified to be by him examined with the Original in the Signet-Office as to the 33. and 34th Articles Part of the Instructions were read viz. 33. Such as are to be brought to Trial at Law are not to be executed by the Marshal except in time of War and Rebellion One of the Managers observed That my Lord of Strafford would have Power of Martial-Law over my Lord Mountnorris but would not execute him which shews he desires not blood so much as Power of blood that the Law of all the Peers might be under his Girdle and he besought their Lordships to consider it Whereas he said The blood of their Lordships Ancestors was spent in the Irish Wars this way their own blood may be spent in the Peace of Ireland and Peace of England c. My Lord of Strafford taking notice of some words charging him that my Lord Mountnorris lost his Offices in that Sentence In way of Answer said That they were lost in a Sentence in the Castle-Chamber for Misdemeanors fully proved and by himself confessed and therefore His Majesty disposed of them To which one of the Managers Replyed That there was no sentence in the Castle-Chamber against him And so after some Discourses and Resolution touching the Method of the Proceedings about the next Articles the House was Adjourned The First day Monday March 29. 1641. THE Sixth Article The Charge That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolstone did cause the said Lord Mountnorris to be disseized 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 béen 18 years before in quiet Possession thereof MR. Glyn opened the Sixth Article setting forth the Execution of an Arbitrary Power by the Earl of Strafford contrary to Law in point of the Estates of His Majesties Subjects by disseizing and putting the Lord Mountnorris a Peer out of Possession of Lands of 200 l. a year which he had possessed 18 years before on a Paper-Petition without any Rules of Justice during the said Lord Mountnorris his Imprisonment contrary to an Act of Parliament read the other day to King Iames his Instructions to the directions of His Majesties Proclamation and the Rules of proceeding in the Kingdom of Ireland The Decree made in the Cause betwixt Rolstone and my Lord Mountnorris was first offered the Manager observing that it was nothing to the matter whether the Decree were just or unjust and that it never depended in the Chancery as is set forth in his Answer Thomas Little the Lord of Strafford's Secretary being sworn attested that the Copy produced was under his own hand And here my Lord of Strafford informed their Lordships that upon his Defence he would ask Mr. Little some questions desiring their Lordships to remember that he is upon his Oath The Decree was read Dated 28. Iuly 1637. whereby for the Reasons therein set forth and with the assistance of the Lord Chief Justice of the Common Pleas It was among other things Ordered That Henry Rolston should be put into quiet Possession of certain Lands therein mentioned Lord Mountnorris being Examined Whether he was put out of possession by Vertue of that Order and how long he had Possession of the Lands He Answered He was in quiet and peaceable Possession from May 20. till he was put out by my Lord of Strafford's Warrant August 29. 1637. as was written to him from an Agent that was there from the delivery of the Warrant to the Sheriff That he was all the while the business was in prosecution till his coming into England a little before his putting out of possession in prison under restraint for not suing out his Pardon upon the Sentence of the Council of War Mr. Anslow sworn and interrogated to the same purpose Answered That to my Lord Mountnorris's possession of the Lands he can say only by seeing the Accounts passed by former Receivers and the Patent my Lord Mountnorris had of the Land but for his being put out of the possession by the Order he found when he was left in Ireland about a year and half ago he was put out of possession by an Order of my Lord of Strafford and that he being there could have no Rents paid Henry Rolsion's Son being in possession the Father being dead Being asked Whether a Petition was not preferred for liberty to proceed at Law He Answered It was in his own behalf for the Land was estated on him by his Father And that he the Deponent being to pass his Land on the Commission of Grace Rolston Petitioned for it himself and therefore he the Deponent Petitioned it might be hindred to pass and that he might have his Right tried legally but he could get no Answer the Commissioners saying They sate not there to question any Lords Estate The Manager observed this to be the assuming
Letters Patents under the Great Seal to exercise a Power against Law was complained of in Parliament and had Judgment for it among other things of High Treason They proceeded to Proof And first The Earl of Corke being asked whether before my Lord of Straffords time he hath known the Deputy or Justices alone determine any matter of Land in Equity or otherwise He Answered He remembers not any except in cases of the Church and Plantation The Lord Ranulagh being asked to that point Answered Never any to his knowledge having been of the Table two and twenty years Sir Adam Loftus being asked to the same point Answered He remembers not any having been a Privy-Counsellor 20 years The Lord Mountnorris being asked to that point Answered He never knew any having been a Privy-Counsellor since 14 Iac. and lived in Ireland 38 years That he was there all the time of my Lord Chichester or very near and was so acquainted with his proceedings that he dare engage himself for all he is worth that the Lord Chichester never put any such Order under his hand The Earl of Bath Sworn and asked to that point Answered That he hath often heard the Deputy in cases of Debt for relief of poor men hath proceeded alone but in cases of Land he never heard of any To take off Henry Dillon's Testimony the Manager alledged That he had been Sentenced at the Council-Board for speaking untruths My Lord of Strafford desired the Exception might not be made some Exceptions by him made to Witnesses against him being not admitted and that there might be unum pondus una mensura The Manager Answered In eodem genere Mali. This Exception is not for Extortion or collateral matters but for Perjury Thereupon his Acknowledgment was read wherein he confesses he had highly transgressed against the Honour of His Majesty and the Board in presuming to declare apparent untruths And that such an Acknowledgment was made was testified by Sir Adam Loftus and likewise by the Lord Dillon who shewed their Lordships the occasion thereof To the matter of my Lord Mountnorris his Imprisonment it was offered under my Lord of Straffords own hand to shew that it was partly upon the Sentence December 24. 1636. My Lord of Strafford not denying it to be his hand it was read being a Reference upon my Lord Mountnorris his Petition and in substance as followeth That for the Petitioners restraint more than twelve months he hath no body to blame but himself that hath all that space lain under a deserved censure of the Council of War and stood in Contempts and trifled with the Court of Castle-Chamber That His Majesties removal of the Sentence hath been often signified but never sued forth That the Petitioner did to the same effect Petition the Lord Deputy in May last and therefore all the Answer that for the present can be given is that his most gracious Pardon seeks no man nor can His Majesty remit all of that Sentence to be applied to the Petitioners benefit till by his humble suit he procured His Majesties Pardon under the Great Seal c. which taking the usual way and humbly acknowledging the justness of that Sentence he may have c. A Petition was then read directed to the Earl of Strafford from my Lord Mountnorris Praying a Warrant for a Pardon under the Great Seal according to the Law and the purport of His Majesties directions if his Lordship shall conceive His Majesties Letters on which the Lord Mountnorris relied as sufficient did not amount to a Legal Pardon Then was read my Lord of Straffords Answer Dublin Ianuary 30. 1636. When the Petitioner shall prefer his Petition for the said Pardon acknowledging the justness of the Sentence pronounced against him by the Council of War we shall take his Request into our further consideration Wentworth Whence one of the Managers observed That the King directs a Pardon to be drawn and till the Sentence be acknowledged to be just no consideration shall be taken and that the Preamble of the Pardon recites as much and he would not suffer it to be Sealed till this Acknowledgment passed Then was produced the Lady Mountnorris her Petition to His Majesty referred to the Lord Strafford Mr. Anslowe Sworn attested the truth of the Copy and it was read Setting forth her Sorrow on behalf of her Husband suffering in Honour Health and Imprisonment for a word mis-interpreted and still pursued in the Castle-Chamber and humbly praying a Command for his coming into England c. His Majesties Reference to my Lord of Strafford Iuly 18. 1636. His Majesty is pleased That on such a Submission as the Lord Deputy shall approve of he shall have his Liberty to come into England wherein the Lord Deputy is to take notice and to give Order therein accordingly Mr. Anslowe being asked whether this was brought to the Deputy by the Lady Mountnorris and whether he did not reject it He Answered That he was by when my Lady Mountnorris presented the Petition she was humbly on her Knees to desire my Lord of Strafford to receive it And he refused absolutely to receive it from her They then produced the Order in a Cross Suit in t Robert Parkhurst Plaintiff and the Lord Baltinglasse al. Defendants Et e contra The Order was read whereby certain Lands for 3000 l. paid at several times to the Viscount and 300 l. more to be paid afterwards were setled with Sir Robert Parkhurst William Brettergh Sworn was Interrogated touching my Lord Baltinglasse his Possession of the said Lands and his dispossessing thereof He Answered That he was Sollicitor for prosecuting of this Cause and made Defence of it in behalf of my Lord of Baltinglasse being then in England But at the time of the Decree his Lordship was come over That his Lordship never made Answer to it but when the Cause came to hearing my Lord of Strafford ordered the Possession of the Land against my Lord Baltinglasse and the Possession before was in one Grimble who was Tenant And that he could speak many other things concerning the carriage of it Mr. Glyn desired the Witness might be examined touching my Lord of Straffords purchase of those Lands and offered the Articles whereby my Lord of Strafford leased the Land for 28 years and at 666 l. per annum My Lord of Strafford confest thereupon that he had it but it was in Trust for a Noble Person The Manager observed That whether it was for a Friend or himself it is equal for a man will do a courtesie for his Friend as soon as for himself And so he concluded his Reply hoping that their Lordships were satisfied that he hath introduced an Innovation and being so that he hath exercised a Tyrannical Power over the Estates of His Majesties Subjects To such parts thereof as was new matter my Lord of Strafford replied in substance as followeth
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 The Article was opened by the Manager THomas Hibbott's Petition to my Lord of Strafford was read setting forth That Sir Thomas Hibbot's being seized of certain Land conveyed the same to the use of himself for life after death to the Petitioner in Tail and divers Remainders over That Sir Thomas of the said Lands became seized for life and died the Petitioner being in England and not knowing of the Conveyance That Dame Mary Hibbots Iohn Hoy her Son and others taking advantage of his absence combined to get the Deeds touching the Lands into their hands That they caused one Booky to come into England to perswade the Petitioner to go into Ireland and he went accordingly and was brought to the place of the said Ladies abode who pretended that she had an estate in the Lands during life That by this means before he could be advised he was drawn to contract for the Lands at half value and he entred into Bond to perform Agreements That the Petitioner was more willing thereunto in respect of a desire to buy other Lands of Iohn Martin's and agreed for it and was to receive 1800 l. of the said Lady which Martin was to receive and the greatest part paid out at the time and place appointed That a Deed-Poll was drawn from him to Seal to and acknowledge a Fine and deliver Security for great part of the purchase-money That notwithstanding a Fine acknowledged and Security given up the Lady Hibbots refused to let Martin have the said money and so the Petitioner disappointed of the Bargain and therefore prays that the Evidences Deed-Poll Fine and Bond might be delivered up and the Agreement discharged being surreptitiously obtained The Lord-Deputies Warrant was subscribed and read bearing Dated 15. October 1635. viz. That the Lady Hibbot c. should on sight thereof forthwith deliver the said Deeds c. to Sir Paul Davis and to appear at Council-Table the 20th of this instant October The Manager observed That the Petition was preferred in the name of Thomas Hibbots though in truth he had never knowledge of the exhibiting of it and that the first Bargain with the Lady Hibbots was made 22. September 1635. the Petition exhibited 15. October 1635. The Decree was read Iohn Hoy attesting it to be a true Copy wherein the Petition is recited and the time and it is set forth that the Courts of Justice were not then open that the Petitioner being a Stranger it was not fit he should long attend That the Defendants denied the fraud charged To which the Plaintiff Replied the Defendants rejoin time given to examine Witnesses and a day for hearing set down That at the hearing it appears the said Lady brake into her deceased Husbands Study possest her self of the Deeds and Writings That Booky was sent over as might be conceived to circumvent the Plaintiff That getting him to her house she contracted with him for 1600 l. before he knew of the value that understanding it to be worth 2250 l. he refused to proceed and then the Lady raised the price to 2500 l. That by not payment of a part of it the bargain with Mr. Martin the cause of his treaty with the Lady was disappointed That the Lady pretended an Estate for life in the Lands when she had only an Estate in part for 99 years if she lived so long and no Estate in other parts thereof which the Plaintiff knowing not of could not suffer a Praecipe quod reddat without her joyning whereas being but Lessee for 99 years he might That it appears by the Deeds that the Plaintiff intended not to sell the Lands for that he knew them not as appeared by Circumstances which the Order doth more particularly set down That the criminal part should be reserved to be made use of by the King's Council that for the civil part the said Bargain was Ordered to be void That the Fine not yet recorded but remaining unreturned shall be cancelled if the Plaintiff shall require it And the Lady to have only such Estate as she had before and no other And both Parties are hereunto to yield Obedience 24. November 1635. Adam Loftus Chancellor Ormond Valentia Moore Dillon Sherley Lowther Wainsford Manwareing Tiringham George Ratcliffe The Manager opened the Nature of the Cause observed the particular parts of the Order shewing that there was a Conveyance executed a Fine levied though not returned by his Order no Witnesses examined though she denies the Fraud and Arguments are made to convince her by observation of circumstances and so concluded to overthrow a Bargain in October before That it is pretended to be when the Courts of Justice were shut though it was heard in full Term 24. November 1635. the Term there beginning as in England but adjourned to the 2. of November and the said Order was contrary to the Vote of the Council-Board That when that Bargain was overthrown the Lands were purchased by Sir Robert Meredith and others for 3000 l. to the use of the Earl of Strafford and he sold them back to the Lady Hibbots for 7000 l. That when this Petition was preferred Thomas Hibbots desired to be gone and have his money applies himself to Sir William Parsons for advice Whether he might not withdraw his Petition he sends him to Sir George Ratcliffe Sir George opposes it the Petitioner goes to my Lord of Strafford and he tells him Do not withdraw your Suit 500 l. more in your purse will do you no hurt Iohn Hoy was first produced as a Witness and sworn My Lord of Strafford offered to their Lordships Consideration that the Witness is to have the Inheritance of the Lands and so swears directly for himself But the Manager Answered That if he shall have the Inheritance his Lordship knows the terms he hath paid 7000 l. for it And Mr. Maynard added that if the Decree were of force against him it were something but the Land is since paid for and whether the Decree be good or bad he can neither lose nor win by it for he comes in as a Purchasor Yet my Lord of Strafford prest it that the Witness complained and seeks Relief against the Decree But the Manager Answered It was for his Mother not for himself though upon my Lord Stewards
demand he confest he was the Lady Hibbots Son by a former Husband and that the Inheritance is now in him But my Lord of Strafford observed if he can recover 3 or 4000 l. upon his Oath for his Mother It is well And their Lordships admitted him to be examined He was asked What he knew concerning the Agreement between Thomas Hibbots and the Lady Hibbots for the Purchase of the Reversion of the said Lands the tearms and times He Answered with desire to use his Notes That Thomas Hibbots about 7. September continued two or three days in Dublin and then came to Castlington continued there a full day and not a word spoken of the Bargain That the Writings whereby the Estate was setled were shewed him the said Thomas and he read them That being asked Whether he would have more satisfaction He said He was satisfied being demanded whether he would live in Ireland and keep his Estate he said No and that he would sell most of it That the Lady Hibbots desired she might be preferred in the Sale having interest by Joynture and she conceived it for life and demanded what he would ask that he answered What she pleased above 2000 l. That being asked Whether he knew the Land he answered He knew it for some years before he was in Ireland in Sir Thomas his life time and a Servant of his had shewed him the Land That she offered 1500 l. and he said For 1600 l. she should have it and so it was agreed That she sent the Deponent up for 100 l. but the said Thomas said He would not use so much and took only 20 s. to bind the Bargain That on Monday following they went to Dublin to draw up Articles to perfect the Bargain and two or three days were spent about it That he the Deponent tendered the Articles and he the said Thomas excepted against the general Warranty which he desired might be amended and then he would perfect them and it was amended accordingly That in the interim the day before Sir Robert Meredith went to him and treated with him offering if he would break off he the said Sir Robert would save him harmless as Thomas Hibbots told him the Deponent That thereupon Thomas Hibbots flies off and told him the Deponent Sir Robert Meredith offered him 2250 l. That thereupon he the Deponent left the Town and went to his Mother and informed her of it That before the breach of the Bargain he the Deponent procured a Subpaena to sue the said Thomas thereupon and that the said Lady coming to Town with the Deponent the said Thomas came to her and being asked the reason why he would break the Bargain he answered Sir Robert Meredith had offered so much and she answering That she would not give an under-value because she would not have another get the Reversion He Replied That for 2500 l. she might have it which she was content to give and the Agreement was made That the said Thomas went immediately to Sir Robert Meredith to give him an Answer and satisfied him That he the Deponent met Sir Robert Meredith coming out of his Lodging and challenged him of this unneighborly courtesie who said it is true he was about it but the Lady Hibbots had bid more than he and wished her much joy of it That the next day the Articles for the 1600 l. were perfected and a Bond given for 900 l. to make it up the Sum of 2500 l. and this to be paid in England for there was no motion about Land in England from the said Thomas That two days after he the said Thomas went to Iohn Martin who had a little Estate and treated for the Estate for which he was to give him 1900 l. That the said Thomas came back to Dublin and tells the Deponent of it who had taken a course to exchange 2000 l. for him and was to have near 80 l. for exchange of it That notwithstanding on Mr. Hibbots return he the Deponent was content he should have it paid there That soon after Thomas Hibbots acknowledged a Fine perfected a Feoffment and so passed all the Estate that could be in himself But the Lady thought it could not be secure without a Recovery for the said Thomas had but one Son who had no Son and the life of the man is uncertain yet before that was desired Thomas Hibbots saying Mr. Martin was willing to receive the money he the Deponent appointed a day for receiving of it and paid Mr. Martin 1800 l. giving Bond for payment of 100 l. 16. November this being 9th of October That he delivered Mr. Hibbots 60 l. and procured a Bill of Exchange to be paid at Nesson on sight 40 l. That he took up the 900 l. Bond entred into by his Mother and gave a Bond for payment of 500 l. at Chester a day following That the money being sealed up by Mr. Martin it was left there that night and the next day they were to go to the Lady to enquire if they had sufficient Security and went accordingly and carried the Deeds along with them That the Ladies Council told her a Recovery was necessary which might be done the first day of the Term. That he the Deponent desired Mr. Hibbots to stay till the Term and offered to bear his Charges but he would not Winter growing on and said plainly He would not stay That thereupon he the Deponent served him with a Writ he had prepared on the first Bargain That immediately the said Thomas goes away to Mr. Sambridge and informed him that he had been often with him the Deponent to break the Bargain and now is served with a Writ and therefore prayed him to draw a Petition to my Lord-Deputy which was drawn accordingly To which the Lady and Deponent had time to Answer till Thursday That the time was short and there was a mistake in the Answer for it was set forth that the Lady had an Estate for life whereas she had an Estate but for 99 years if she lived so long That on this mistake discovered my Lord-Deputy called for the Constable of the Castle and commanded the Clerk of the Council to draw a Warrant to commit their Council till the Gentleman fell on his knees and openly asked forgiveness That then they could hardly get Council to plead That there was a Reply and Rejoynder And in the interim Mr. Hibbots came to him the Deponent went to the Master of the Wards and desired to be dismissed That Sir George Ratcliffe appointed them to attend him which they did That Sir George took Mr. Hibbots with him and on Sunday following the Lord-Deputy being informed of Hibbots consent on Monday he sent for Hibbots and wishes him to go on with the Suit and asked him What hurt it would do him to carry 500 l. more to England The next day being Tuesday there was no Witnesses examined though a time was appointed to examine them for the Clerk of the Council was
should not extend to a Subject This is to take a power above Law and make himself equal to Sovereignty to say that he should not be comprehended more than the King himself He says he did not lead the Soldiers but only gave a Warrant and therefore this should not be Treason but though he leads them not the Commander is an Actor and to give Warrant for Treason is Treason He says this is a Statute-Law in Ireland and not examinable before their Lordships here Mr. Palmer alledged that he would do my Lord right that he submitted to their Lordships Judgements and craved leave to give answer to that point and said The Laws of Ireland are devised from the Crown of England the King being seized of it in the right of his Crown of England and as a parcel of this Crown The power they have to make Laws there is derivative from the Crown of England and they did thankfully accept them from the first Conqueror Since that they had power to make Acts of Parliament but that is subordinate the Laws there are the Laws of England applyed to that place As any particular custom of a place not the general Law of the Land is the Law of that place by a general custom and yet may be judged out of the precincts of that custom so the Laws of Ireland are the Laws of that Kingdom yet may be judged by this Supream Court out of the limits of Ireland Though in an inferior Court when a thing questioned in Ireland is brought by Writ of Error they judge according to the Laws of Ireland not of England And my Lord hath prayed and werequire that he may be judged according to the Laws of Ireland So this Law of 18 H. 6. may be judged by their Lordships though it be a Law in Ireland But my Lord urges that this Law is repealed and for that he gave reasons on many Acts of Parliament First a Statute made 8 Edw. 4. That is made to a particular purpose reciting one particular Statute and repealing that and then by a general clause ratifying and introducing all the Statutes of England into Ireland This being but on a particular occasion with such a general Clause will not be applyable however it will be the Answer to that that follows It is a general Clause to introduce the Laws of England and shall not have that reflexion to repeal any Law of force in Ireland This introducing of our Laws thither shall not work to repeal their Laws but make a consistance of both Laws so far as they may stand together On that Mr. Palmer said he would not enlarge himself it being not matter of Fact and it was not expected that matter of Law would have been insisted on and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law That which my Lord called a Judgement in Parliament 11 Eliz. recites that it was in time of desolation of Justice That the Captains had brought oppressions on the people It was in a time when though the Irish had been victi long before yet they were not brought perfectly under subjection of the Laws of England there then remained Rebellions and Tumults It was in time of Hostility and War And that Statute gives but an Implication neither that Captains should not Assess without the Deputies Warrant And it follows not that therefore he hath authority to do it But howsoever the thing be this was for defence of the people to make resistance against Rebels But the thing in charge was in time of peace and full government of the Law and so that Statute will give no justification at all My Lord of Strafford concluded that there was no Treasonable Intent in this and therefore it should be no Treason on the Statute of the 25 Edw. 3. My Lord recited the words of the Statute Not to be only the levying of the War but adhering to the Kings enemies but these glosses are not to be confounded but severed The adhering to the Kings enemies is one offence within that Statute Levying of War another so that if there be no Adherence yet if there be Levying of War it will be Treason And this levying of War it was on the Kings People perhaps there was no intent upon the Kings Sacred Person yet if it be against the Kings People such a levying of War is Treason ordinary Cases of Felony are to be against the Kings Crown and Dignity though it be the Homicide of a mean Subject it is against the Kings Crown and Dignity because it is against the protection and safety of that man that is the Kings Subject and so the levying of War on the Kings People by laying Soldiers in this hostile manner being against the protection by which they are governed against the safety by which the King is to defend them It is a War against the King his Crown and Dignity This is the Answer to the Defence And Mr. Palmer concluded That he conceived the Charge of the House of Commons in matter of Fact was fully maintained and for matter of Law if there remained any scruple a farther Argument and stronger Reasons should be offered hereafter And so a Recess being granted for a day upon the Humble Request of my Lord of Strafford the House was Adjourned and Saturday following was appointed for the next meeting THE Sixteenth Article The Charge 16. THat the Earl of Strafford the Two and twentieth of February in the 7 th year of His Majesties Reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from His Majesty an allowance thereof that no complaint of injustice or oppreision done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such usurped Tyrannical and exorbitant power expressed in the former Articles destroyed and oppressed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said power And to prevent the Subjects of that Realm of all means of complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the 17 th day of September in the Eleventh year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties service or attending in England by His special command to make their personal Residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of
this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. Bound to his Good Behaviour stand Committed to the Castle during the Deputies pleasure and make acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read Whence my Lord of Strafford observed That he was not Sentenced for going without Licence but for other Causes and desired my Lord Dillon and Sir Adam Loftus whose hands are to the Decree0 might be Asked a Question or two And first to the business of my Lord of Esmond which had been forgot before Robert Lord Dillon being asked Whether he remembred any Charge laid against my Lord of Esmond for a practice against Sir Walsingham Coke whereupon being Examined And When it was He Answered That he remembred it was about that time when a Letter was written from the Judges of Assize that went the Circuit of the County of Wexford and they Reported That they had taken Examinations Whereupon it was mistrusted or at least suggested That my Lord of Esmond was to set some on to cut off Sir Walsingham Coke and this being taken into consideration it was resolved That till the Judges had determined Whether it was Treason or not he should be stayed for a time and as he takes it it was Resolved he should be Advertised into England Being Asked on Mr. Maynards Motion What time this was He Answered The Question is sudden to him but it was much about the time that my Lord of Esmond had been in Town before but he cannot expresly speak to the time But my Lord of Strafford observed That the Complaint came from the Judges of Assize when they came from the Circuit and that was alwayes about August Lord Dillon being Asked What year it was He Answered He cannot tell the year of the Lord in Terms but he remembers it was much about that time when my Lord of Esmond was Questioned and about Summer Circuit My Lord of Strafford proposing That my Lord Dillon might be Asked What he remembred of the Sentence against Parry and What his behaviour was To this Mr. Maynard excepted as not proper to Examine the Judge Whether his Sentence was just or no To which my Lord of Strafford Answered That it is as equal the Judge that gives Sentence should be Examined as the party against whom the Sentence is given That this is a Sentence for things spoken and done at the Board which stands not on such Niceties but Contempts and Misdemeanors to a Court are frequently determined without Examination of Witnesses and this is a Misdemeanor done in the place But my Lord Dillon being spared from Answering Sir Adam Loftus was Examined What he knew of that practice of my Lord of Esmond against Sir Walsingham Cokes Life And when He Answered That the first time he heard of it was upon an Information of the Judges of the Circuit to my Lord Deputy then in Ireland as he takes it and he thinks my Lord was not then in Town but sent that Information to the Council at Dublin his Lordship being then at his Countrey-house and therein some Practice against Sir Walsingham Coke of certain Rebels and Outlawes that had laid in Ambush near his house was set forth and thereupon that Letter was sent to the Council to Consider of it and take course for his Security That this was not all neither for the Examination of a Rebel in the Castle brought it home nearest to my Lord of Esmonds Case But because the Rebel was a Man of that condition it was not thought his Testimony could be prevalent against my Lord of Esmond therefore the other Witnesses were sent for to be Examined in the Cause Now this Course of Examination held a matter of three weeks or a month or thereabouts he doth not well know the time but these Men not concurring with the Testimony of the Rebel in Restraint there was no words made of it but my Lord of Esmond was dismissed and left to take his own Course The time was as he takes it in the Summer Assizes 1637 or 1638 he knows not which And this is the truth and all he knows of the business Whence my Lord of Strafford Inferred That being under that Charge of Sergeant-Major-General of the Army he denyed him liberty to go into England but as soon as he was clear he had his Licence Mr. Maynard desiring their Lordships to observe that my Lord of Strafford Explained himself thus That he thought so or very shortly after And added That the Gentleman is very quick with him being a Man of great understanding and himself a weak Man But that he means very justly and would not be taken in an Untruth and said That he hath a Servant that was with him when my Lord of Esmonds Agent came to him at his House in the Countrey And desired he might be Asked What Answer he gave him Francis Wetheringe being Asked VVhat he knew concerning my Lord of Straffords giving of Licence to my Lord of Esmond He Answered That he remembers very well that the Gentlemen were Examined before they came to Fairework-Parke while he was waiting on his Lordship at that time the Gentleman came to him and desired him to tell my Lord he would speak with him that he heard my Lord say It was concerning his Licence to repair to England and my Lord said He should have it but it was Winter time and he would let it alone till the Spring Being Asked What Month it was He Answered He could not very well remember but it was the latter end of Summer as he thought Mr. Ralton being Asked Whether the business of my Lord of Esmond and Sir Walsingham Coke were not Advertized over hither He Answered That he doth very well remember the business he being then Agent for my Lord Lieutenant That in one of his Letters or the Councils Advertisement was given of this practice against Sir Walsingham Coke and as he takes it was in Sept. 1638. or thereabouts and that my Lord was pleased to do him the said Mr. Ralton the favour to give him some passages of it Therefore my Lord of Strafford desired These things might not stick with their Lordships or the House of Commons to his prejudice when he had not Means nor Possibility to make his Defence but that in Charity they would reserve their Opinions till they sound the truth to the bottom and then he hoped he should appear an honest Man and that was all he pretended to For the Remonstrance of the House of Commons in Ireland it is no Evidence
should not supply him THE Two and Twentieth Article The Charge 22. THat in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their assistance in a War against the Scots and gave â—ns for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Rateliffe did together with him the said Sir George traiterously conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and of altering and subverting of the fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford reâ—ited into England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then His Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the Wills of His Subjects THE Three and Twentieth Article The Charge 23. THat upon the Thirteenth day of April last the Parliament of England 〈◊〉 and the Commons House then being the representative Body of all the Commons in the Kingdom did according to the Trust reposed in them enter into Debate and Consideration of the great grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesty referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Speeches and Messages to urge the said Commons House to enter into some resolution for His Majesties Supply for maintainance of His War against his Subjects of Scotl before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a demand was then made from His Majesty of 12 Subsidies for the release of Ship money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some Supply before any resolution by them made He the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to Dissolve the said Parliament upon the 5th day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had been Members of the said House of Commons by telling His Majesty they had denyed to supply Him And afterwards upon the same day did traiterously and wickedly counsel and advise His Majesty to this effect viz. That having tryed the affections of His People He was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tryed all ways and was refused and should be acquitted towards God and Man and that He had an Army in Ireland meaning the Army above-mentioned consisting of Papists his Dependants as is aforesaid which he might imploy to reduce this Kingdom THE Four and Twentieth Article The Charge 24. THat in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and deciared before others of His Majesties Privy Council That the Parliament of England had forsaken the King and that in denying to supply the King they had given him advantage to supply himself by other wayes and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such wayes as he should hold fit and that he was not to suffer himself to be mastered by the frowardness and undutifulness of the people And having so maliciously slandered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book Entituled His Majesties Declaration of the Causes that moved him to Dissolve the last Parliament Full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons Monday April 5. 1641. THE Right Honourable the Lord Steward did this day in the first place acquaint the Gentlemen that managed the Evidence at the Bar That their Lordships had commanded him to let them know that my Lord of Strafford on Saturday in the evening gave in his Petition for the examination of my Lord of Northumberland and that he coming in so late it happened so that the Gentlemen of the House of Commons could not possibly have leave to cross examine and so the examinations are come only on one side sealed up wherefore his Lordship proposed that things might for the present be so carried as the proceedings of this day might not be hindred thereby Mr. Whitlock Answered That they shall go on according to their Lordships Order but he desired the cross-examination of my Lord of Northumberland and the Testimony of some other witnesses that are sent for and not yet come whose names they shall give in may be reserved To which my Lord of Strafford replyed That the motion is very new to him and in these things of form he may be easily mistaken and prejudiced before he is aware That to their cross-examining of my Lord of Northumberland he is very willing but for examining of Witnesses whose Names are not yet known and to have such a Latitude as to reserve supplemental proof he conceives may be hard and so appeals to their Lordships whither their Lordships will not have them name their Witnesses and assigne them a certain time within which they shall examine them And he desires likewise the examination of my Lord Keeper who is not yet examined may be reserved for him And likewise that my Lord of Canterbury may be examined he having been examined as he understood against him which if he had not been he should not have moved it and that the advantage of their two Testimonies may be reserved to him But Mr. Whitlock and Mr. Maynard thus explained it that they intend not to examine those who are not yet named in writing but to produce them viva voce and that they should take the boldness to name one of them to their Lordships and that is Mr. Sergeant Glanvile who was sent for eight days since and will be in Town to night And
Interrogated What he heard Sir George Ratcliffe speak concerning the Kings levying Money by force or to that purpose He Answered That the words he is to inform their Lordships of and on which he was formerly examined proceeded from Sir George Ratcliffe not to him privately and only but they were spoken in a Council of War when they were assembled together upon that service My Lord-Lieutenant arrived in Ireland in March was 12 Months and after his Lordship had spent some days in Ireland within which time he the Deponent with others were commanded to attend at a Council of War departed that Kingdom leaving direction behind him how this affair should be proceeded in in his Lordships absence and as he takes it in the beginning of April my Lord departed out of Ireland and not long after they being assembled in a Council of War there was occasion to speak of all preparations that should be for the raising of an Army of 8000 Foot and Provision for transportation of 1000 Horse which was the Army of Ireland at that time In these discourses they found there was a great deal of Treasure to be consumed and much Money required to supply the occasion It was computed and he thinks Sir George Ratcliffe had a privy hand in the computing of it how much charge would maintain the Army for a year and to the best of his remembrance it was computed at 270000 l. and odd which gave them occasion considering the Army to be transported out of Ireland was but in proportion â…“ of what was prepared in England to speak of the Charge that must be raised in England according to that proportion And they finding it to amount to so great a sum it fell into question how the King should be supplyed with Money for so great expence of Treasure if he were not supplyed by Parliament Sir George Ratcliffe Answered The King hath his Sword by his side and 30000 men at command and if he want money let no man pity him It was thereupon replyed and as he the Deponent takes it by himself how can Money be raised when the Scotch Army is on foot and so strong Sir George Answered We can make peace with the Scots when we list but that is the worst of evils and this is in substance as much as the Deponent can remember Whence Mr. Whitlock observed That their Lordships heard what passed from Sir George Ratcliffe in Words and Counsels and that their Lordships knew the nearness and relation between Sir George Ratcliffe and my Lord of Strafford and this was after direction was left for raising the Army and when my Lord of Strafford was come away himself it seems he had left his directions with Sir George Ratcliffe as it will appear by my Lords own words concurring with these And Mr. Maynard desired their Lordships to take notice of these words We can make peace with the Scots when we will it was not Sir George Ratcliffe alone Sir Tho. Barrington being Sworn and Interrogated what words passed from Sir George Wentworth to him About Englands being sick of peace c at what time it was and on what occasion He Answered That immediately after the last Parliament Sir George Wentworth had accidentally a discourse with him being a Gentleman with whom he the Deponent never had intercourse or interlocution before that time On some discourse betwixt them concerning the former Parliament in the close of his discourse he was pleased to express himself thus This Commonwealth is sick of Peace and will not be well till it be conquered again The application of these words he the Deponent said he must leave to their Lordships better Judgements he not being able to decide it And to the occasion according to the truth which shall be ever present with him he the Deponent said he would deliver it cleerly They had some occasion to discourse of the former Parliament and speaking now on his oath he must express that which otherwise he should not being the words of a private discourse which in the course of his life he hath ever avoided especially in the Case of a Gentleman They were in discourse of the former Parliament and the carriage of that and Sir George Wentworth was of one opinion and he the Deponent of another Sir George expressed himself in this sence That he conceived the Parliament had no intention to give the King Money he the Deponent said That if the Kings Majesty had pleased they had sate awhile together they had supplied him And on the close that expression fell from him that which he the Deponent said he shall not not need to repeat Sir Robert King being Interrogated what sense and apprehension was in my Lord Ranalaugh on the words that fell from Sir George Ratcliffe at the Council-Board He Answered That my Lord Ranalaugh did conceive there was an intention to take Money forcibly in England and was much troubled with the words and cast out some such Speeches That we shall turn our swords on them from whom we are descended and having cut their throats make way for our own safety or some such words Lord Ranalaugh being Interrogated what his sense was of these words spoken by Sir George Ratcliffe He Answered That the expression of these words and some other words that fell from my Lord-Lieutenant to himself before his Lordships departure out of Ireland made him doubt that there might be some danger intended by the transportation of the Army and it was not his sense alone for upon discourse betwixt others that were of the Council and himself the like apprehensions were amongst them as between my Lord President of Munster and him and also between Sir Adam Loftus and him Those that durst be free one to another did express their fears and apprehensions about it Being asked what the words were my Lord of Strafford spake to him on which the apprehensions were grounded He Answered That it was thus My Lord of Strafford at his last being in Ireland was pleased to say to him My Lord will you buy any Land I will sell you all the Land I have in Ireland To which he the Lord Ranalaugh Answered That he is not able to buy Land being in debt and God forbid his Lordship should sell his Land in Ireland Truly says he my Lord we are like to have a troublesome world and I am willing to part with it To which the Lord Ranalaugh replyed it will be hard then with us that have no Estates but in Ireland No my Lord says my Lord of Strafford I do not mean it so for I believe you will be quieter here than they will be in England But he doth not think that ever he spake these last words to Sir Robert King in his life Being asked How he expressed his sense of those words to Sir Robert King He Answered That the first discourse was from Sir George Ratcliffe the latter was from my Lord
to himself He apprehended there was some design as he feared in England and he had this reason for it too For in that condition they were then in they of the Council of Warr saw no possibility to make this Army in a readiness to invade Scotland within the time limited for by directions of my Lord of Strafford left with them they were to be ready at the Provincial Rendezvous by the 18 th of May and that by subsequent directions was forborn till 18 th Iune then they all met to march to the general Rendezvous The Arms Ammunition and Preparations could not be ready so soon nor were they in readiness till the end of Sept. following So that on the whole matter those amongst them that might be free their consultations all agreed that it might tend to the purposes here declared And from the time observed by my Lord Ranalaugh for the raising of the Army in Ireland Mr. Whitlock observed That it could not be intended for Scotland for no Army was raised in Scotland till some months after To prove the words spoken by the Lord of Strafford himself to shew his designe to bring the Army to England Sir Tho. German Comptroller of His Majesties Houshold being Interrogated whether he heard not the Earl of Strafford tell the King that the Parliament had denyed to supply him and had sorsaken him or words to that effect He Answered That he should humbly presume to crave one thing of their Lordships and it was briefly this There is nothing that he can be Interrogated upon in this Cause but it must fall within the cognizance and knowledge of many of my Lords here present who must needs remember all that he hath to say as well or perhaps better than he can himself His humble desire therefore to their Lordships is That if through distance of time and the weakness of his memory there be any thing that may be better remembred by some of their Lordships than is at this time by himself it may not be imputed to him as from a desire of concealing any part of the truth but a failor in memory and that their Lordships will believe of him that in this great Assembly he shall be very unwilling to speak any thing but that that shall perfectly occurr to his remembrance and that request granted he shall humbly answer to every thing And to the question he remembers very well that he was Interrogated upon the same terms heretofore that he is now His Answer was then as he takes it in these words That he remembred that he heard my Lord of Strafford say something of the Parliaments deserting or forsaking the King or something to that effect or purpose but he did not remember then what inference my Lord made upon it nor what he did conclude thereupon neither can he now call himself to further remembrance on that point than he then deposed The Earl of Bristol Sworn and Interrogated Whether he heard any words spoken by my Lord of Strafford That in this great distress of King and Kingdom the Parliament had refused to supply the King in the ordinary and usual way and that therefore the King might provide for the Kingdom by such ways as he thought fit and was not to suffer himself to be mastered by the frowardness and undutifulness of his people or to that effect He Answered That it is very true that about 12 months since by meer accident he had a private discourse with my Lord of Strafford and some months after had discourse with a Peer of this House my Lord Conway by name meerly to let him know the difference that was between some Tenants of my Lord of Straffords and himself the Earl of Bristol What use hath been made of it he doth not know But upon this he doth conceive he comes to be Interrogated It is almost Twelvemonths agoe since this discourse did happen yet afterwards he was called now a month or six weeks since and was examined on oath on several Interrogatories After he had well recollected himself he did set down for his memory what he could think of and out of those Notes and Papers he did then make his Answer Now his examination being upon oath he shall be very loath to depose particularly to words but to the effect of what passed And therefore he shall crave leave not out of his examinations but out of the words he then set down to read the effect of what he then spake for if a man be deprived of words and tell not the sense and coherence and subsequents he shall not do himself right but may do a great deal of wrong to the party accused and therefore though it be somewhat the longer he shall tell the circumstances It is true That after the disso lution of the last Parliament he had discourse accidentally with the Earl of Strafford but being many months since he cannot precisely depose unto the words that then passed But he remembers that speaking then together of the great distractions of those times Videlicet touching the present things that were then at Lambeth for it was just about that time of the Mutiny of some Soldiers against their Officers of the present great danger apprehended by the ensuing War as was feared of Scotland and of the said Parliament being broken without supplying the King he the Earl of Bristol did then in his discourse chiefly attribute these disorders to the breach of the Parliament And speaking what might be the best way for help in these distressed times he then conceived and said that he thought the best way to prevent any desperate undertakings would be to Summon a new Parliament that might quiet the times for the present The expectation thereof might quiet the Distempers at that time And as for the War of Scotland he did much fear the success of it unless the King should be assisted both with the Purse and Affections of his People And he Alleadging to my Lord of Strafford many Reasons for it conceiving it was not likely that our Nation lying under great Grievances should go willingly and chearfully to a War labouring under the same grievances with themselves My Lord of Strafford he must speak it and confess it very ingenuously seemed no way to dislike the Discourse but said he did not conceive it to be Counsellable at that time neither did the present dangers of the Kingdom which were not now imaginary but real and pressing admit of so slow and uncertain a remedy as a Parliament was for that the Parliament had in the great distress of the King and Kingdom refused now to supply the King by the ordinary and usual way of Subsidies and therefore the King must provide for the safety of his Kingdom by such wayes as He should think fit in his wisdom And he the Earl of Bristol doth remember that the said Earl of Strafford at the same time did use the Sentence Salus Reipublicae Suprema
You are acquitted before God and Men You have an Army in Ireland which You may Imploy here to Reduce this Kingdom or some words to this effect And Sir Henry Vane added That he desires to speak clearly to it It is true My Lord of Strafford said these words You may But by that he the Examinant cannot say it was intended but that the words were spoken and if it were the last hour he is to speak it is the Truth to his best Remembrance Being Asked on the several Motions of my Lord of Clare and my Lord Savil Whether by this Kingdom he meant the Kingdom of England or Scotland and Whether it was meant That he might imploy the Army in England or in Ireland because he said The Army might be there imployed He Answered That he shall as near as he can And because he would have-Truth appear he shall desire That if in this Case any word fall which may be uncouth in the Sence they would resort to his Examinations for there it remains under his Hand and Oath But to his best remembrance he thinks neither then nor there were used But Your Majesty hath an Army in Ireland You may Imploy to reduce this Kingdom But far be it from him the Examinant to Interpret them He tells their Lordships the words and no other Being directed by the Lord Steward to repeat what he had spoken He Answered That he shall plainly and clearly do it These words were spoken as my Lord of Northumberland hath testified at the Committee of Eight for the Scotch Affairs It was an occasion of a Debate Whether an Offensive or a Defensive War with the Kingdom of Scotland That on some Debate then some being of Opinion for a Defensive some for an Offensive War he did say the words related as he conceives That in a Discourse the Earl of Strafford said these words or words to this effect Your Majesty having tryed all wayes and refused in this case of extream necessity and for the Safety of Your Kingdom and People You are loose and absolved from all Rules of Government You are acquitted before God and Men You have an Army in Ireland You may imploy it to reduce this Kingdom Being Asked How long this was after the Parliament was Dissolved He Answered He cannot tell the time but it was suddenly after or within few dayes after the dissolution of the Parliament Being Asked on my Lord of Clares motion Whether these words You have an Army in Ireland did immediately follow these words You are Absolved c. He Answered That to his best remembrance it did interpose and my Lord of Strafford did speak it once or twice And to his best remembrance at first it was agitated to press the Offensive War for there were divers Reasons given as the Kingdom stood then that there should be no Offensive War and he must speak clearly and plainly he the Examinant did move for a Defensive War For the Subjects of England how they stood affected to this War they knew and besides a breach of a Parliament he thought it would but induce an ill effect On these Controversions the words were spoken Here Mr. Whitlock observed That these words were spoken in England on this occasion Of the Kings trying His People c. which cannot be intended any other place but England where the Parliament was broken and where the King had tried his People Being Asked on the motion of the Earl of Southampton Whether he sayes positively my Lord of Strafford did say these words or words to that effect or whether to his best remembrance He Answered That he speaks positively either those words or words to that effect The Earl of Clare desiring further satisfaction to the Question formerly proposed on this Motion Whether he meant by this Kingdom the Kingdom of England or the Kingdom of Scotland The Lord Steward put his Lordship in mind That Sir Henry Vane testifies to the Words not to the Interpretation And Mr. Maynard said The Question is put Whether this Kingdom be this Kingdom And so Mr. Whitlock said They should conclude their Evidence conceiving the last words spoken to be very fully proved and by connexion with those other words proved before he thinks it is very clear and manifest That my Lord of Strafford had a strong Design and Endeavour to subvert and change the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he shall not trouble their Lordships with repitition of words nor with the Application of them for indeed they be above Application and to aggravate them were to allay them they have in themselves more bitterness and horror then he is able to express and so he left them to their Lordships consideration and application expecting my Lord of Straffords Answer to them Only he desired their Lordships in one point to hear what Mr. Treasurer can say further concerning the breach of the last Parliament and what Words and Messages he heard of during the sitting of that Parliament procured by my Lord of Strafford unless their Lordships will reserve that till the rest of the Witnesses come to morrow morning and then they shall be ready to produce all relating to that point together Whereupon liberty was granted for the reserving of them accordingly My Lord of Strafford did hereupon crave of their Lordships leave to recollect his Notes being as he said a little Distracted how to give Answer to these things for diverse Articles are mingled together which will make his Answer not so clear as otherwise he had hoped to have made it but trusts he shall do it still He desires leave to Answer Article by Article and how much horror soever this Gentleman is pleased to say there is in these words he trusts before he goes out of the Room to make it appear that though there may be error of Judgment yet nothing that may give offence when the Antecedents and Consequents are brought together and that he shall give such an account that whether or no their Lordships will clear him as to the Charge of an Indiscreet Man he knows not but as for Treason to the King and His People he shall give clear satisfaction that no such thing was spoken or intended His Lordship desired He might be favoured with the sight of my Lord of Northumberlands Examinations But this Mr Glyn opposed and said His Lordship being to Answer to matter of Fact let him first say how it stands and then prove it To which my Lord of Strafford Answered That in truth they make much more of it then he did for he trusts by the blessing of Almighty God to give the Answer of an honest Man to all Objections he will not say of a discreet Man and once for all he humbly besought their Lordships and so he knows in their Wisdom and Judgment they will to
so far as to suffer him to ask a Question of three or four persons he shall produce professing that there was never a thought in any mans heart that he knew nor never a word in any mans mouth that ever he heard that any part of the Army should ever touch a foot on English ground as some of their Lordships and His Majesty knows where his Lordship added If he may with Reverence name His Majesty in that poor and distressed condition wherein himself is for he is not worthy of his Protection being in this miserable Case and therefore it was too much boldness for him to name him But his Lordship desired the benefit of reading my Lord of Northumberland's Examination to the point of that Design Algernon Earl of Northumberland his Examination taken To the First Interrogatory he saith That he hath often heard both His Majesty and the Earl of Strafford mention the 8000 Foot which were to be raised in Ireland but to his best remembrance he never heard any intention of bringing the said 8000 Foot or any part thereof into England That the design of landing them on the West of Scotland was often spoke of and so resolved as he believes To the Second he saith He doth not remember that ever he heard the Earl of Strafford speak or mention the reducing of the Subjects of England by the said Army in Ireland Here my Lord of Strafford desired their Lordships to take notice that my Lord of Northumberland was one of the Committee of Eight for Scotch affairs The Lord Marq. Hamilton being Sworn and Interrogated what he knew or believed concerning the raising of 8000 Foot in Ireland or whether he was privy to any intention of bringing the same or any part of them into England His Lordship Answered It is late and time is precious to their Lordships and so he shall answer as shortly as he can unto that Question It is very true His Majesty was Graciously pleased to acquaint him with the resolution of raising that Army of 8000 Foot And it is true that the resolution was That these men should Land in the West of Scotland about a certain Town called Ayre or where my Lord should find it most convenient And for any thing he the Examinant knows there was no other design he never heard of any nor did he hear of the bringing of them into England for any such use or end or that they were ever to come to England at all Being asked whether he heard my Lord of Strafford speak any thing concerning the reducing of England by the Army His Lordship Answered That he doth not remember my Lord of Strafford to have spoken any such words Sir Tho. Lucas Sergeant-Major-General of the Horse of the King's Army in Ireland who as my Lord of Strafford said being with him him here in Candlemas-Term was 12 months in his own Lodging at Covent-Garden something passed between them concerning the disposing of the 8000 Foot and 1000 Horse to what purpose they were raised And being asked What was the Intent and Circumstance of that discourse He Answered That about the latter end of Ianuary 1639. my Lord of Strafford told him an Army was to be raised in Ireland another in England and with the English Army a Regiment of Horse whereof his the Examinants Troop should be one and some Regiments of Foot and these Foot and Horse were to joyn with the Irish Army and that my Lord taking a Map of Scotland which lay then in the Chamber said Now I must tell you the greatest secret in all the world and pointed with his finger towards that part of Scotland which lies on the Dunbar-Frith and said the Irish Army is to land here and here I intend to take a Town but he did not nominate the Town and added That he might the more easily do it because the Scots would not expect his Landing there but it is likely will imagine the Landing of the Irish Army at Carlisle or some other part of England And his Lordship said further That when he had taken this he would strongly fortifie it intending it for a Magazine of Ammunition and Victuals for the Irish Army and so he should bring all the Countrey about to Contribution even to Edenburgh and when he is Landed he the Examinant should have notice and should joyn with the Irish Army and that he would send these Horse my Lord spake to him the Examinant about 1000 as he thinks to convey him the Examinant to him My Lord of Strafford added That the truth is there were Foot-Regiments of Sir Tho. Wharton's and Sir Arthur Tyrringham's and Sir Tho. Lucas's Regiment of 500 Horse that when the Irish were Landed in Scotland were to be fetcht by Ships from St. Rees and so to have joyned with the others And it was supposed 500 would have found no great difficulty on a suddain for such a march and Sir Tho. Wharton and Sir Arthur Tyrringham came over purposely to have persued his Design by which it appears there was no design to bring them to England and so a strange Philosophy it was to bring it into any mans thoughts it should be so Mr. Slingsby being Interrogated What he knew concerning the Design of the Irish Army He Answered That he had the honor to be sworn of the Council of War and then the charge of making the whole Magazine of Ammunition and Provision for that Army was conferred on him That he repaired to England 10 days after my Lord and persued his received Instructions for making preparations of Artillery and Ammunition directed which he got all shipp'd and ready about Iuly that the slow proceedings of the Irish Army did then retard his directions from my Lord-Lieutenant for the dispatch away of those Ships which were ready That my Lord was pleased to tell him he must provide some stores for a Magazine for maintainance of the Soldiers that he was pleased to impart to him That the Army was to Land in Scotland about Aire That he thereupon proceeded to get a Map drawn of that Coast and informed himself by that Map and discoursed with Scotchmen in Town That Aire was a barred Harbor and that divers Ordinance were mounted to intercept the Landing which he representing to my Lord-Lieutenant my Lord directed him to take consideration of the burdens of the Ships and whether they could be brought to ride near the Town and that there might be provision of Flat-bottomm'd Boats to Land a good number at once That he had a Warrant to receive 10 of the King 's Flat-bottomm'd Boats and 20 were provided by my Lord of Antrim the last year with Oars and a floating Battery to secure the Landing of the men That he had direction to obtain Warrants from my Lord of Newport for 10 16 or 20 pieces of Ordinance That at first he had 10 afterwards 6 more Iron pieces for fortification which as my Lord of Strafford had imparted to him the Examinant
the secret reservations men ought to speak things withal for we ought to think just things and that men will do nothing but fairly and these are conditions implyed when we speak of the Sacred Majesty of Kings let that be implyed it could not be High Treason to tell the King That having tryed the affections of his people he was loose and absolved from all rules of Government that is all ordinary rules and was to do every thing that Power would admit that is that Power would lawfully admit and that His Majesty had tryed all just and Honourable ways and was refused and should be acquitted both of God and men The last words That the King had an Army in Ireland which he might imploy to reduce this Kingdom he denies and if the other words be fairly interpreted with the reservations granted a man in that case being spoken of so great a person as the King nothing in them can turn so much to the prejudice of the Speaker But he desires leave to offer the Antecedents and Consequents of all that he said in Council whereupon this is gathered and then they find the Case otherwise stated than as it is strained in the Charges God forbid any man should be judged for words taken by pieces here a word and there a word where the Antecedent and Consequents are left out for then Treason may be fetcht out of every word a man speaks as for example If one asks him whether he will go to such a place he tells him by way of Answer He will kill the King as soon the other swears he said he would kill the King it is very true indeed but if the other words be added it will then imply That he will be sure not to kill the King and therefore he will be sure not to goe to the place And if the words be taken together he puts the Case thus In case of absolute necessity and upon a foreign Invasion of an enemy when the enemy is either actually entred or ready to enter and when all other ordinary means fail in this case there is a Trust left by Almighty God in the King to employ the best and uttermost of his means for the preserving of himself and his people which under favour he cannot take away from himself And as this did precede these words so there were divers restrictions added to them for he says this must be done only and upon no other pretence whatsoever but for the preservation of the Common-wealth that it must be done Candidè Castè That if it were done on any other pretence whatsoever than clearly and fairly for preserving the Common-wealth that would prove it to be oppressive and injurious which otherwise rightly employed would become a Pious and Christian King and that when the present danger of the Common-wealth was by the Wisdom and Courage and Power of the King prevented and the publique Weal secured In a time proper and fit the King was obliged to vindicate the Property and Liberty of the Subject from any ill prejudice that might fall from such a Precedent and until the Prerogative of the Crown and Liberty of the Subject are so bounded that they may be rightly understood by King and People which cannot be without a Parliament His Majesty and they can never look to be happy Now if he shall make this appear to be true as he hopes he shall then he conceives he states their Lordships a quite different question from that brought against him in the Charge and brings an opinion so concluded and shut up with restrictions and with necessity and with unavoidable danger that were otherwise to fall on the Common-wealth as he trusts cannot bring any manner of ill consequence whatsoever publiquely or privately to any Creature For this purpose he desired the favour to examine some of the Noble Lords present and that First the examinations of my Lord of Northumberland might be read and they were read accordingly To the Third Interrogatory he saith That the Earl of Strafford declared his opinion That His Majesty might use his power when the Kingdom was in danger or unavoidable necessity or words to that effect To the Fourth That the said Earl did often say That that power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only imployed to that use To the Sixth That the said Earl of Strafford said That this Kingdom could not be happy but by good agreement in Parliament between the King and His People My Lord of Strafford observed That this was at the very same time and let all the world judge whether he had any intention to subvert the fundamental Laws of the Land or no Next he desired my Lord Marquis of Hamilton might be examined to the Interrogatory my Lord of Northumberland was examined to Marquis Hamilton examined to the said Interrogatory viz. Whether the said Earl of Strafford delivering his opinion how far the King might use a Power after the breach of the late Parliament did not put the Case when there was an unavoidable necessity upon actual Invasion or an Enemies Army ready to enter the Land His Lordship Answered That he hears the Question and remembers the same Question was asked him formerly on his oath when he was Deponed and he then said as now he could not call to mind what my Lord said in that point Whether my Lord of Strafford did not say That that Power was to be used Candidè Castè and if it were used for any other purpose it would be unjust and oppressive His Lordship Answered That he hath heard him use those words often to His Majesty and on them or immediately after he declared his opinion That it would never be happy in this Kingdom till there be a right understanding between the King and his People and that could not be but by a Parliament Whether he did not say at that time That the present danger provided for and all which setled the King was bound to preserve the Liberty and Propriety of the Subject from the prejudice of such a precedent His Lordship Answered He remembers something of that but cannot positively say because he cannot tell what the precedent was Being asked on Mr. Whitlock's motion what time he heard these words from my Lord of Strafford in the said Second Question He Answered professing that his memory is not good and if it fails not him in this he may boldly affirm he heard my Lord of Strafford speak the words both before and since the Dissolution of the last Parliament Being asked on my Lord of Straffords motion Whether His Majesty was pleased to declare to the Lords of the Council That he had perfect and full intelligence that the Scotch Army intended to march into England He Answered he remembers very well His Majesty had frequent Advertisements of the Scots intentions to come into England he knows
with relation to action For these be Counsels and if a Man shall Counsel the death of the King Will any Man doubt whether this be Treason surely no man will doubt it that knowes the Laws of England The Treason is not in his words but in his wicked Counsels For under favor if it be true that he spake them they may be called wicked and that it is true they have offered proof and so he left it to their Lordships Mr. Glyn desired to add a word it concerning the Kingdom and Peers Their Lordships observe how my Lord of Strafford stands questioned for subverting of the Laws and for designing to introduce an Arbitrary Government the other day his design appeared in the exercising of a Tyrannical Power over the Persons Estates and Liberties of the Kings Subjects and though a design was in practice and something put in execution yet there was something left whereby that Treason might be raised to a higher strain For that proofs were produced the other day the exercise of this Tyrannical power in his person which was the stopping of the Streams of Justice but the Fountain of Justice was still uncorrupted and hope left and God be thanked we have hope still But this dayes work is to prove That he ascended the Throne and by his ill Counsels the Venome he had hatcht in his own heart he endeavored to infuse into the Kings Person to make Him of the same opinion with himself and that is to endeavor to corrupt the Fountain But God be thanked he hath met with a Gracious King upon whom he cannot prevaile The words laid to his Charge are very many That he should tell the King he was Absolved from all Rules of Government and that he had an Army in Ireland which he might employ to reduce this Kingdom The latter part of the words he hath endeavoured to answer and the former part proved by positive Witnesses which he hath not given answer to For the latter that concerns the Irish Army Mr. Glynn said He shall not need to put their Lordships in mind of any thing said but whereas my Lord sayes They are proved by one Witness only if your Lordships revise their Notes they shall find them prov'd by many Witnesses When he was not accused by the Commons he tells Sir William Pennyman at York he did intend to bring the Army into England but there was Vox populi and that 's a horrid Witness My Lord Cottington one of the Honourable persons present when the words were spoken testifies to their Lordships That he remembers my Lord of Strafford told the King That after things were setled he was bound to repair the property of the Subject and this under favour proves something for if some Counsel and advice were not given that there should be an invasion on the property what should engage him to tell the King he should restore it Here my Lord Cottington explained himself saying That his meaning was he hath often heard my Lord say The King and People would never be happy till there was a good agreement Mr. Glynn proeceded that if their Lordships please to look on my Lord of Straffords Interrogatory they shall find it asked his Lordship Whether he did not tell the King that he should make restitution of the Subjects propertie when the danger was over and why should his Conscience aske such a question unless there were Counsel given to invade the propriety of the Subject Your Lordships remember the words of Sir George Wentworth which Mr. Glynn said he will not repeat and when my Lord was fixed by the words of his Brother he said That tho he be my Brother I do not use to communicate my Counsels to him and that I am on my oath to conceal yet this great Counsel he did impart to Mr. Slingsby for his own purpose and to Sir William Pennyman And so having spoken to the latter part of the words the reducing of the Subjects of England by the Irish Army to shew that it stands not only on a single proof but if the whole be recollected together there be many things concurring to the positive proof thereof Mr. Glynn put their Lordships in mind of the other words to which two great Witnesses concurr and no Answer at all is given viz. That the Parliament denyed Supply and the King is loose and absolved from all rules of Government put the other words out of doors as they are not if the King be loose from all rules of Government is he not loose to doe what he will And Mr. Glynn added That he must needs give Answer to something that fell from my Lord concerning other words that they were words of Discourse and what he speaks at his Bed or his Table or in private Discourse he thinks they should not be brought against him But Mr. Glynn besought their Lordships to remember that if my Lord speaks the words as a Privy Counsellor speaking to the King concerning the Subjects property compare these words with the other Extermination and then see what the Case is The last thing in his Defence is as high as the Charge it self He is charged That being a Privy Counsellor and entrusted by the King and a man of such Eminence he should indeavour to infuse into the Kings Sacred Person such dangerous Counsels tending to the destruction of the Law and Government and consequently of King and Subject And in the close my Lord of Strafford put their Lordships in mind what a dangerous thing it is for one of the Kings Counsel to be charged for Words spoken at Council-Table to speak this in such a Presence before the Peers and Commons of the Realm that a Privy Counsellor who ought to be clear and candid is not to be questioned though he infuse dangerous Counsels That it is justification of his own Act and so great that he knows not how my Lord could say greater and so he said he hath no more to say their Lordships had heard the Proofs and Defence and comparing them together he doubts not but their Lordships are satisfied that the Commons had just cause to do what they have done My L of Strafford desired to answer one thing the Gentleman that spake last said touching his revealing the Kings Counsels to Mr. Slingsby and others he would be loth to be charged with breaking his Duty to God and the King but where he hath Power and Liberty for as concerning the imployment of that Army the King left it wholly to him to acquaint whom he thought fit for the bettering of the service But the thing that makes him rise is to represent to their Lordships that he hath been there constantly in a great deal of weakness and infirmity since 7 or 8 of the clock and now it is 5. That his Speech and Voice are spent and it is not possible for him to come here to morrow and therefore he most humbly besought their Lordships to
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
no greater measure God be praised than these are My Lords these being the words that passed from me in Ireland there are other words that are charged upon me to have been spoken in England but if your Lordships will give me leave though perhaps in no very good method I shall not fail to touch first or last the words in every Article The next Article then that I am charged withal for words is the second Article and these are the words that I should say concerning the Finger and the Loins My Lords I may alledge much new matter but I will observe your Lordships Order punctually by the Grace of God for what I may say in that case if it might be admitted I keep it to my self but the truth is they that do prove the words to be thus That I would make the little finger of the Law heavier than the Kings Loins they do not tell you the occasion of the Speech or what went before or what after for my Lords if they had told the occasion which methinks they should as well have remembred as the words it would plainly and clearly have appeared to your Lordships that Sir William Pennymans Testimony was most true for the occasion was such that to have said those words had been to have spoken against that to which I intended the discourse but speaking them as I said it makes very strong for that purpose to which I directed them which was to appease the Countrey and quiet the Discontents for having been double charged with the Knight-money and therefore it was not properly threatening them further to have provoked them My Lords you have Sir Will. Pennymans testimony that it was so and my profession who under favour will not speak an untruth to save my life I protest before God that I say I verily believe or else I will never speak it indeed and there it is they have proved it to have been said one way we another way we give the occasion of our Speech and disavow theirs and so we must leave it and howsoever these words so spoken can never be drawn as I humbly conceive as premises to prove their conclusions that therefore I am guilty of High Treason they have made me guilty of a foolish Word and that I confess and if they please I will confess it all the day long for I have been foolish all the days of my life and I hope hereafter I shall look unto my ways that I offend not with my Tongue for if I cannot rule it abroad I will rule it within doors else I will never stirr abroad but bound it so to my own business and affairs that I trust I shall give no offence The next Article that chargeth me with words is the 22 Article and these be words spoke in England The first part of them which concerns the bringing in of the Irish Army I have spoken to already but in the conclusion there are other words and shortly the said Earl of Strafford returned to England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might then use his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the will of his Subjects My Lords as unto this I conceive the Charge is not proved by any Witness that hath been here produced against me and in truth my Lords I must needs say this under favour if it be an error in my Judgement I must humbly crave your Lordships pardon through the whole Cause I have not seen a weaker proof and if I had had time to have gotten my Witnesses out of Ireland I hope that should be proved and so clearly as nothing could be proved more but I must stand or fall to what I have proved and so I do my Lords the proof they offer for this as I conceive is the Testimony of my Lord Primate and his Testimony is That in some discourse betwixt us two touching Levying upon the Subject in case of imminent necessity he found me of opinion that the King might use his Prerogative as he pleased My Lords this is under favour a single Testimony it is of a discourse between him and me and there is not any other that witnesses any thing concerning it so that under favour My Lords I conceive this will not be sufficient to bring me any ways in danger of Treason being but a single Testimony and my Lords it is to be thought and to be believed and it were a great offence for any man to think otherwise that in this case any thing can please the King he is so Gracious and Good but what shall be Just and Lawful and then there is no doubt but so far as with Justice and Lawfulness he may use his Prerogative in case of imminent danger when ordinary means will not be admitted At most he saith it was but an opinion and opinions may make an Heretick but they shall not I trust make a Traitor The next is the Testimony of my Lord Conway and the words that his Lordship testifies are these That in case the King would not be otherwise supplyed by Subsidies he might seek means to help himself though it were against the will of his Subjects Truly my Lords if I should acknowledge these words I do not see how they can be any way Capital in my case but this again is but a single Testimony and there is no other that says it but himself and if there be a good sense given to them certainly the words may very well bear it for I think it is a very natural motion for any man to preserve himself though it be to the disliking of another and why a King should not do it as well as a Subject it is such a prerogative of Kings as I never yet heard of for I thought though they had been Gods on earth yet they are men and have affections as men and should preserve themselves being not only accountable for themselves to God Almighty but also for their Subjects whose Good and Benefit is wrapt up and involved in theirs and therefore the King ought more to regard his own preservation than the Common-wealth The Third is That Mr. Treasurer says that to his best remembrance I did say That if the Parliament should not succeed I would be ready to assist His Majesty any other way God forbid this should be any offence for to say so either in him or me for I will swear if it please you that he said so as well as I therefore God forbid it should endanger either of us both for my Lords to say I will serve the King any other way it is no other than what became a good and faithful servant to do always provided the way be good and lawful
the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and entirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against Iohn Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edward the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edward the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgement here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl Marshal in the Parliament of the Three and thirtieth of Edward the 1. where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3. his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question Until the 29th year of Edward the 3. erroneous Judgements given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edw. the 3. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgements after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th No. 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edw. the 3. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Iersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edw. 1. there be Placita de Insula Iersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is
what the effect of the Warrant is sworn to be that howsoever the Sergeant at Arms and his Ministers that executed it brought but four or six or ten yet the Sergeant might have brought all the Army of Ireland for there was authority so to do And admitting the matter of Fact proved he mentions an Act of Parliament made 11 Eliz. whereby a penalty is laid upon men that shall lay Soldiers on the Kings Subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords The very casting of an eye upon that Act shews it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the Command of an Army in Ireland and therefore I may turn them upon the bowels of the Kings Subjects It is no more in effect Your Lordships heard him the other day mentioning two Acts of Repeal and I expected he would have insisted upon them but it seems he hath been better advised and thinks them not worthy repetition nor indeed are they And if the matter of Fact be proved upon the Fifteenth Article I am confident he will find the Statute of 18 H. 6. to be of ful force My Lords I am very sorry to hear that when levying of War upon the Kings Subjects is in agitation and he charged with High Treason he should make mention of the Yorkshire men and the Army now on foot whereby he would insinuate that if he be charged with High Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill blood for ought I know From the Fifteenth Article he descends to the three and twentieth and that is the Article whereby he stands charged with speaking of Words and giving of Counsel to His Majesty to incense him against His Parliament pretending a necessity and telling him he is loose and absolved from all rules of Government that he had an Army in Ireland which he might make use of to reduce this kingdom In this he is pleased to begin with the Testimony of my Lord Ranelagh conceiving an apprehension and fear in him that the Army should go over to England which my Lord says is no more but his saying and Mr. Treasurer Vane ' s. I pray God my Lord Ranelagh had not much cause to fear but by the same rule he may lay a charge of unwarrantable fear upon all the Commons for sure the Commons of England did fear it else they would not make an Article of it but my Lord Ranelagh's fear did not arise from a slight cause and he shewed himself a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single Testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shews to three or four Articles what he could have proved as to the Article concerning the Army he could have proved the design of it by Sir John Burlacy and some others if they had been here But by this rule and liberty he hath taken to alledge what he could have shown give me leave to tell you what we might have shown and are ready to show we could have made it express and proved it by Notes taken by Secretary Vane the 5th of May when the words were spoken which Notes should have been proved if we had proceeded on the Three and twentieth Article to corroborate the Testimony of Mr. Secretary Vane and that by two Witnesses We could likewise have shown how we came to the knowledge of it it being by means unknown to Mr. Secretary Vane and have made him an upright Counsellor and Witness but we shall prove his intentions to bring in the Irish Army another way when I come to open my own course and method My Lords he pretends these words were spoken the 5th of May but when they were testified by Mr. Treasurer he did not speak of the 5th of May and yet now my Lord remembers the day and I wonder how he came to the knowledge of the day unless he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a month after This my Lords is plainly answered and if he had thought of his own answer he had answered himself for he tels you That in April before he had taken a course for the levying of the Army he had nominated the Officers giving direction for raising it and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the seven and twentieth Article whereby he stands charged with Levying Money by force upon the Kings people in Yorkshire he is pleased to observe that all the proofe for the maintenance of that Article is only the levying of Money by four Soldiers by Sergeant-Major Yaworth where he is pleased to disdain the War because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the Warrant was not from him I shall reserve that till I come to the Article and when I come to the proofs I believe it will remain fixed upon him And there he left his Statute-Treason and now he falls to the second kind of Treason and that was the introductive or constructive Treason He begins with the third Article that is concerning some words that he should be charged to have spoken in Ireland and I shall desire that your Lordships would be pleased to look upon your Notes how he answers that Article My Lords says he I am charged to say that Ireland was a conquered Nation and that their Charters were nothing worth and bind the King no further than he pleaseth therefore I am a Traitor because I speak the Truth There was his Answer in his Collection And for their Charters he sayes he might very well say so for he intended it no otherwise but according to the validity of them for they were several ways questionable and ought not to bind unless they were good in Law But if you look upon his Arguments he hath like a cunning Orator omitted the principal part of the Article and that is That Ireland is a conquered Nation and they were to be governed as the King pleaseth the King might do with them what he list this he omits although they be proved by three witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the
himself The Eighth Article contains several charges as that of my Lord Chancellor How he imprisoned him upon a Iudgement before himself and the Council how he inforced the Seal from him when he had no authority nay though it were excepted by his Patent that he should no way dispose of it but he looked not to Authority further than might make way to his Will Another concerns the prime Earl of that Kingdom my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the Kings express command for his deliverance and in his answer my Lord acknowledges it but sayes That that command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he gives them in give me leave to mention and say we had a ground to put them into Charge and could have proved them if there had been need punctually and expresly and I believe little to my Lords advantage But your Lordships I think do remember my Lady Hibbots Case where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance for 2500 l. executes the Contract by a Deed and Fine levied deposits part of the Money and when a Petition was exhibited to the Lord Deputy and Council for the very Estate your Lordships remember how this came in judgment before my Lord Deputy there was but a Petition delivered there was an answer made and all the suggestions of the Petition denied yet my Lord spake to Hibbots himself that was willing to accept the Money not to decline the way that he was in by Petition Five hundred pound more will do him no hurt to carry into England with him and yet without examination of a Witness a Decree was made to deprive this Lady of her Estate and the purchasing of this Land by my Lord of Strafford was proved by two Witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in Trust for my Lord of Strafford and that it proved according to my Lord of Straffords Prophecy for the man had five hundred pounds gain above the Contract with my Lady Hibbots But after the Lands were sold for Seven thousand pounds so that the Lady Hibbots offence was her making of a bargain whereby to gain Five hundred pounds but there was no offence in my Lord to make a bargain for Three thousand pounds and to gain Four thousand pounds presently this you see proved by Hibbots the party and by Mr. Hoy the Son of the Lady Hibbots So that here is a determination of a Cause before the Council-Table touching Land which was neither Plantation nor Church-Land without colour of the Instructions contrary to Law to Statute to Practice and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject I know not what is In his answer to this case he did open it yet whether he mistook or no I know not that he had a Letter from the King but he produces none in evidence and that is another mis-recital I am sorry he should mis-recite and fix it upon the Person of His Sovereign in a case of this nature Now he falls more immediately upon the liberty of the Subject and that is by the Warrant mentioned in the Ninth Article to be issued to the Bishop of Down and Conner whereby he gives power to him and his Officers to apprehend any of the Kings Subjects that appeared not upon Process out of his Ecclesiastical Courts expresly contrary to Law and your Lordships have heard how miserably the Kings Subjects were used by this Warrant as hath been proved by a Gentleman of Quality Sir Iames Mountgomery And howsoever he pretends it was called in it was three whole years in execution before it was called in and though he pretends his Predecessors did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he says that Bishop Mountgomery did tell him there was such a Warrant and one Witness more speaks of one Warrant and that is all the Witnesses produced and that but to be a Copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universal and spread over the face of that Kingdom that was under his jurisdiction and that is in the tenth Article which concerns the Customs where he doth impose upon the Kings Subjects a Rate and Tax against Law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himself of a jurisdiction above the Law My Lords in his answer he pretends that this is rather a matter of fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to His Majesty so it is likewise an exercise of a Tyrannical Jurisdiction over his Subjects That it is a fraud to His Majesty it plainly appears for the King lost exceedingly by it whereas before the Rent afforded the King was 11050. l. there was improved by the new Lease that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new Lease the Impost of Wine for which the King before that time received 1400 l. a year and likewise the Custom of London-derry Colerane and Knockfergus for which the King had reserved 1700 l. a year besides the moity of the seizures so here is 5000 l. that the King lost of the old Rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one year he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts and if this be his dealing where is his service to the King in his pretence to advance the Customs It is true he says The King hath five eighth parts but it was but within these two years the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000 l. if he had received it I believe we should have heard of it My Lords There is something more here is a new imposition on the Kings people without Law and yet I will do my Lord of Strafford no injury but I tell you how the proof stands It was a Book of Rates framed before he came to the farm for the Book of Rates was in March and the Date of his Assignment was in April following and therefore my Lord saith It could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heels of another and I beseech you observe cui bono the Book of
should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it your Lordships judgement who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the Kings ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that necessity hath surprized him by the Parliaments deserting of him that the Parliament had forsaken the King in denying supply and having tryed the affections of His people he was loose and absolved from all rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his people he was now loose and absolved from all rules of Government which words are proved by two witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his speech pretends that the most material words are proved but by one witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosom friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no money if he did no body would pity him now he had his sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoak of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Penniman himself his own witness and friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one witness And under favour my Lord Cottington if you call to mind his testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects property which must inferre he had advised an Invasion upon the property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own conscience told him he had advised somthing to invade upon the people when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Penniman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved
talk of an Arbitrary Government look upon these Orders here is an Arbitrary Government and yet when he produced the Orders they appeared to have so much justice and discretion in them that he can lay nothing to the charge of them though in a passion he is not backward to asperse them My Lords If this Lyon to use his own language now that he is chained and muzled under the restraint and question of High Treason will here take the boldness to vent this Language and express this Malignity How would he doe if he were unchained How would he devour How would he destroy c. My Lords Something concerns your Lordships your Lordships remember that he was not backward in his own answer to fix a Charge of High Treason upon the Lords of the Great Council and howsoever he hath affirmed this day I must open it again That the Charge of the Seven and twentieth Article he fixes in his Answer to be by consent of the Lords of the Great Council though he hath since recanted it and yet you have heard him alledge that he will stand and fall by the truth of his answer My Lords I am now at an end You have my Lord of Strafford here questioned for High Treason for going about to subvert the Fundamental Laws of both Kingdoms in defence whereof your noble Ancestors spent their Lives and Bloods My Lords you are the Sons of those Fathers and the same Blood runs in your veins that did in theirs and I am confident you will not think him fit to live that goes about to destroy that which protects your Lives and preserves your Estates and Liberties My Lords You have the complaints of Three Kingdoms presented before you against this great person whereby your Lordships perceive that a great storm of distemper and distraction hath been raised that threatens the ruine and distraction of them all The Commons with much pain and diligence and to their great expence have discovered the Ionas that is the occasion of this Tempest They have still and will discharge their Consciences as much as in them lies to cast him out of the Ship and allay this Tempest They expect and are confident your Lordships will perfect the work and that with expedition lest with the continuance of the storm both Ship and Tackling and Mariners both Church and Common-wealth be ruined and destroyed Saturday May 1. 1640. The King came to the House of Lords and sent for the Commons thither and made this Speech to both Houses I Had not any intention to speak of this business which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this THAT in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publique Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfy justice and your own fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you that to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chaulk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons as soon a they returned seemed to be much discontented with what the King had spoken and immediately Adjourned till Monday following on which day being the Third of May Mr. Pim makes known to the House that there are divers Informations given of desperate Designs both at home and abroad against the Parliament and the Peace of the Nation and that the persons engaged in it are under an oath of Secresie that there is an endeavour to disaffect the Army not only against the proceedings of the Parliament but to bring them up against the Parliament That there is a design upon the Tower that there is an endeavour for the Earl of Strafford to escape That those Combinations at home have a Correspondency with practises abroad and that the French are drawing down their Forces in all hast to the Sea-side and that there is cause to fear their intent is upon Portsmouth That divers persons of Eminency about the King as by good Information appears are deeply ingaged in the Plot That it is necessary the Ports be stopt and that His Majesty be desired to Command that no person attending upon the King Queen or Prince do depart without leave of His Majesty with the humble Advice of His Parliament The Commons hereupon fell into serious debate of this matter and the same day came to a Resolution of taking a Protestation which was accordingly taken by the Speaker and about 300 Members then present Man by Man WE the Knights Citizens and Burgesses of the Commons-House in
Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the
Companies besides Two more which he intended to be raised in the nearest part of Wales Before this Army already raised was dispersed into their several quarters all which were in the Province of Ulster near the Sea in sight of Scotland the Lord-Lieutenant returned into England by His Majesties Command where an Army-Royal was Levied in opposition to the Scotish design leaving an Honourable person Mr. Christopher Wandesford Master of the Rolls Lord-Deputy the Command of General of that Royal Army in England was given to the Earl of Northumberland then Lord-Admiral of England upon whose sickness the Earl of Strafford was made Lieutenant-General who having undertaken the Command of this Army signified by Letter from Dublin to the Archbishop Laud that he durst venture upon peril of his Head to drive the Scots out of England but that he did not hold it proper as the case then stood for him to advise that course but if any of the Lords would advise the King to try his fortune in Battle he doubted not of sending them home in more hast than they came but this severity and indiscretion of his against that Kingdom when things were ripe did much hasten his ruine and destruction as may be seen by the following Impeachment The Charge of the Scotish Commissioners against Thomas Earl of Strafford IN our Declarations we have joyned with Canterbury the Lord-Lieutenant of Ireland whose Malice hath set all his Wits and Power on work to devise and do mischief against our Kirk and Countrey No other cause of his malice can we conceive but First his Pride and Supercilious disdain of the Kirk of Scotland which in his opinion declared by his Speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly Our open opposition against the dangerous Innovation of Religion intended and very far promoted in all His Majesties Dominions of which he hath shewed himself in his own way no less zealous than Canterbury himself as may appear by advancing of his Chaplain Dr. Bramhal not only to the Bishoprick of Derry but also to be Vicar-General of Ireland a man prompted for exalting of Canterburian Popery and Arminianism that thus himself might have the power of both Swords against all that should maintain the Reformation by his bringing of Dr. Chappel a man of the same Spirit to the University of Dublin for poysoning the Fountains and corrupting the Seminarys of the Kirk Thirdly When the Primate of Ireland did press a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hangman all of that Confession although confirmed in former Parliaments When he found that the Reformation began in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our Cause The Pieces printed at Dublin viz. Examen conjurationis Scotianae the Ungirding of the Scotish Armor and the Pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of Calumnies Slanders Scurrilâ—ys against our Countrey and Reformation that the Jesuits in their greatest spite could not have said more yet not only the Authors were countenanced and rewarded by him but the Books must bear his Name as the great Patron both of the Work and Workman When the National Oath and Covenant warranted by our general Assemblies was approved by Parliament in the Articles subscribed in the Kings Name by His Majesties High Commissioner and by the Lords of the Privy-Council and commanded to be sworn by His Majesties Subjects of all ranks and particular and plenary information was given unto the Lieutenant by men of such quality as he ought to have believed of the Loyalty of our hearts to the King of the lawfulness of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his Craft and Cruelty his Fraud and Forces against us For first he did craftily call up to Dublin some of our Countreymen both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedy were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked invention to present unto him and his own wicked Council a Petition which he caused to be framed by the Bishop of Rapho and was seen and corrected by himself wherein they petitioned to have an Oath given them containing a formal renunciation of the Scotish Covenant and a deep assurance ne-never so much as to protest against any of His Majesties Commandments whatsoever No sooner was this Oath thus craftily contrived but in all hast it is sent to such places of the Kingdom where our Countreymen had residence and Men Women and all other persons above the years of Sixteen constrained either presently to take the Oath and thereby renounce their National Covenant as Seditious and Traiterous or with violence and cruelty to be haled to the Jail Fined above the value of their Estates and to be kept close prisoners and so far as we know some are yet kept in prison both Men and Women of good quality for not renouncing that Oath which they had taken 40 years since in the obedience to the King who then lived Besides a cruelty ensued which may paralel the pesecutions of the most unchristian time for weak Women dragged to the Bench to take the Oath dyed in the place both Mother and Child hundreds driven to hide themselves till in the darkness of the night they might escape by Sea into Scotland whether thousands of them did flye being forced to leave Corn Cattle Houses and all they possessed to be a prey to their persecuting enemies the Lieutenants Officers And some Indicted and Declared guilty of High Treason for no other guiltyness but for subscribing our National Oath which was not only impiety and injustice in it self and an utter undoing of His Majestys Subjects but was a weakening of the Scotch Plantation to the prejudice of that Kingdom and His Majesties Service and was a high scandal against the Kings Honor and intolerable abuse to His Majesties Trust and Authority His Majesties Commission which was procured by the Lieutenant bearing no other penalty than a certification of Noting the names of the refusers of the Oath But this his restless Rage and insatiable Cruelty against our Religion and Countrey could not rest here nor be kept within the bounds of Ireland but proceeded further so that by this means a Parliament is called and although by the Six Subsidies granted in Parliament not long before and by the base means which himself and his Officers did use as is contained in a late Remonstrance that Land was extreamly impoverished
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
9 Free Conference concerning the said Articles 9 A select Committee agreed upon for the Examination of Witnesses concerning him 10 Members of both Houses to be examined concerning him 14 15 16 Parliament of Ireland their Petition to the King against him 15 Sir George Ratcliffe not to speak with him 15 Scotch Commissioners to bring in their charge and Proofs against him 18 See the Charge 769 Conference to Sequester him from his Offices 20 Debate about admitting him Council at his Trial 21 His Answer read containing 200 sheets of Paper 22 Abstract of his Answer to the 28 Articles 22 unto 30 The Evidence against him to be managed by a Committee of the House of Commons 32 No Replication to be put in unto his Answer ibid. The Commons aver the Charge against him and will manage the Evidence by Members of their own the Names of the Members to that purpose appointed 33 A Committee of 48 of the Commons appointed to meet a Committee of 24 of the Lords at a free Conference concerning his Tryal 33 Conference as to place of Tryal Persons present Council and management of Evidence against him 34 unto 37 Protestation entred in the Lords House denying that they did approve of his raising Money in Yorkshire 37 38 Resolved that the Commons be present as a Committee of the whole House at his Tryal c. 38 Some Members appointed to view the place for his Trial 39 His Petition to examine some Members of this House read 40 The manner of his coming to his Tryal in Westminster-Hall 41 The manner of bringing him into the Hall the Ax not being suffered to be carried before him till after Tryal 41 Suffrages in matters criminal declined to be given by the Bishops entring their Protestation c 41 The House to meet at Two in the afternoon constantly during the Tryal 42 His Exceptions and frequent Adjournment of the Lords House occasioned thereby with other unnecessary delays reported how to prevent the same 43 A Peremptory day to be appointed for him to conclude his Tryal 44 Both Houses agree that if the Earl come not to morrow the Commons may sum up their Evidence and conclude 45. Resolved by the Lords that to morrow be recollect his Evidence which being done the Managers are to state theirs 47 The Act of Attainder read a Second time and referred to a Committee of the whole House ibid. The Council appointed by the Lords to be here to morrow morning concerning matter of Law 47 Resolved that it is sufficiently proved that he hath endeavoured to subvert the antient and Fundamental Laws of the Realms of England Scotland and Ireland and to introduce Arbitrary and Tyrannical Government against Law 48 Lord High Steward his Speech unto him the first day of Tryal 101 The Impeachment against him read 101 The-Speech Introductive of Mr. Pym concerning the Preamble to his Answer 102 Lord Digby's Speech to the Bill of Attainder 50 Names of Witnesses their Evidence Exception taken Interlocutory Passages Defence and Reply 109 c. Sentence against the Lord Montnorris read 187 Some Interlocutory Passages and Speeches in the Petition of Right made by him in Parliament much notice thereof being taken by the Court 763 His Confinement in Kent for refusing Lone-Money 763 Complained of at Court for frequenting Archbishop Abbots Table with Sir Dudly Digs c. 764 Sentence against the Lord Montnorris read 187 Earl of Straffords Summary Account of his Evidence 633 to 660 The Speech of Mr. Pym thereupon 661 to 674 Mr. Glyn's Reply to the Earls Summary of his Evidenee 706 to 733 King's Speech in favour of the Earl 734 The Earls Letter to him to set His Majesties Conscience at Liberty 743 Concerning an endeavour for the Earl to escape out of the Tower 746 Sir John Suckling voted Guilty of Treason 754 The Earl brought to the Scaffold his Speech then 759 Copy of the Paper containing the heads of his last Speech written with his own Hand and left on the Scaffold 760 He desires before he dies to speak with the Archbishop of Canterbury but refused 762 He sees the Archbishop the next morning at his window as he was going to the Scaffold and desires his Blessing 762 He went to the Scaffold more like a General at the Head of an Army after obtaining Conquest in Battel than like a man going to execution by Death 762 His Instructions to his Son in Writing ibid. A Description of his Person and an account of the Noble Relations to his Family 772 A brief Account of his Secretary Mr. Slingsby and of his death by having his Legs cut off above the knees 773 His Letter to his Secretary before his death 774 The King's Reflections upon the Earls death 775 T. TAx imposed on the Subjects see Art 27 598 Tobacco made a Monopoly see Art 12. 402 Westminster-Hall the place of Tryal appointed to be viewed by Members 39 The fitness thereof reported by Sir John Culpeper ibid. The First day of Tryal March 22. 1640. 101 102 c. The manner of his coming to Tryal 41 U ULster the place of Rendezvous for the Irish Army in fight of Scotland 769 Ungirding of the Scotch Army 770 W SIr Christopher Wandesford made Lord Deputy of Ireland by the Earl 769 Warrant given to Officers of the Ecclesiastical Courts to Attach and commit persons see Art 9. 236 Warrant produced 237. Sir Richard Weston Lord Treasurer first courted the Earl after the Dissolution of the Parliament 4 Car. 1. 768 Sir Iohn Winter to be removed from Court 42 Some Lords desired to be made use of as Witnesses 49 Earl of Worcester and his Sons Commission for levying of Forces to be drawn into the charge of the Earl of Strafford 19 Words spoken tending to the bringing of the Irish Army into England 46 725 Words wherewith the Earl was charged in several Articles of Impeachment see Art FINIS See Historical Collections the First Part. Pa. 500. Resolved to Accuse the E. of strafford of High Treason Report of the Message of High Treason Message of Sequestration of E. of Strafford The Lord Keeper to the E. of Strafford Message from the Lords Conference that Ports of Ireland shall be open Committee how to send for Sir George Ratcliff Mr. Speaker to sit at the Grand Committee for Irish Affairs Irish Affairs Committee concerning the Earl of Strafford Resolutions thereupon Sir Robert King to be sent for Expedition Mr. Treasurer Reports the Message from the King No Member to visit the Earl of Strafford without leave Message to the Lords for a Committee to examine Witnesses Approbation of the Lords Petitioners for a Parliament Petition to be Entred Speedy examinations against the Earl of Strafford by Members of both Houses Committee to search Attainders Report Irish Remonstrance Book of Petitions sent for over Warrants for Taxes upon Tobacco Entries of Impositions Articles against the Earl of Strafford Articles to be engrossed Conference concerning the Earl of Strafford's Articles
above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom XXIV That in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and declared before others of His Majesties Privy-Council that the Parliament of England had forsaken the King and that in denying to supply the King they had given Him advantage to supply Himself by other ways and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such waies as He should hold fit and that He was not to suffer Himself to be mastered by the frowardness and undutifulness of the people And having so maliciously standered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Kéeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book entituled His Majesties Declaration of the Causes that moved Him to Dissolve the last Parliament full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons XXV That not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber and afterwards by his advice they were sued in Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his advice to the Council-Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the Names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these and the like Speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the héels and some of the Aldermen hanged up XXVI That the said Earl by his wicked Counsels having brought His Majesty into excessive Charge without any just cause he did in the month of July last for the support of the said great Charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London Owners of the said Bullion and Money came to his house to let him understand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their Occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them That the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise monies by force was a point worthy of his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant General of all His Majesties Forces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintenance of every Souldier of the Trained Bands of that County which sums of money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terrour to yield to the payment of the same he did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and and they that refused it were in very little better condition than of High Treason XXVIII That in the months of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of His Majesties Army he did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malitious desire to engage the Kindgoms of England and Scotland in a National and bloody War he did write to the Lord Conway the General of the Horse and under the said Earls Command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl that His Majesties Army then under his Command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray His Majesties Army then under his Command to apparent danger and loss All and every which words counsels and actions of the said Earl of Strafford were spoken given and done by him the said Earl of Strafford traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege-people of all His Realms from His Majesty and to set division between them and to ruine and destroy His Majesty and Majesties said Kingdoms for which they do further impeach him the said Thomas Earl of
him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against Him to the death and destruction of the King The Cases that I shall cite prove not onely that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against Iohn Awater of High Treason in the Forme before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High Treason My Lords This Indictment was Returned into the Kings Bench in Trinity-Terme in the Eighteenth year of Edward the Fourth and in Easter-Terme the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the Love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings Bench in Trinity-Terme in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against Him to cause Risings against Him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not onely to disaffect the people to the King but the King likewise towards the People not once but often not in Private but in places most Publick not by a Private Person but by a Counsellor ofState a Lord Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the Necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coales they were cast upon His Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loynes of the Law as they shall find My Lords Who speaks this to the people a Privy-Counsellor this must be either to traduce His Majesty to the people as spoken from Him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to His Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of His Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what He would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suites might be determined according to Law and not by himself at his Will and Pleasure upon Paper Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed
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
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