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
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
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
believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth he saith That the legal and ordinary Proceedings at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgement of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken of the Files and he remembers not any Suit for breach of any Order made at Council-Table To the Fifth he saith The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls the now Lord Chancellor and the Chief Justice of the Common Pleas upon the Proofs in the Chancery decreed for the Plantiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir Iohn Gifford's Petition to the King His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by His Majesty and His Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by His Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of His Majesties Mercy and not of His Justice The Earl of Kildare for not performing of an Award made by King Iames and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are
to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King Iames's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6 d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this setled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the setling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired if they making their Cloaths not above a foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a foot became a yard in length and that soil is fit to bear it and the people love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in six years towards the maintenance of His Army and a like payment of 20000 l. per annum was after agreed and continued for three years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Leiger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamourous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about fourteen years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount◠and Sir 〈◊〉 Hamilton to the two former in regard of 〈◊〉 〈◊〉 then against them in the Castle-Chamber to the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Fredrick might come over which was granted He conceives such restraint to be necessary and if that it be
come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon If they can they Resolve to sit this Afternoon and desire their Lordships to do the like if it may stand with their Conveniency Mr. Peard brings Answer That their Lordships will meet at Four of the Clock Resolved upon the Question That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall concerning matter of Law Ordered That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration The Committee is to retire presently into the Committee-Chamber to prepare Heads for a Conference to be desired with the Lords concerning the further Proceedings against the Earl of Strafford Mr. Maynard Reports the Heads of this Conference to this effect 1. To take Notice of their Lordships Resolution to hear the Earl of Strafford's Council in matter of Law 2. To put their Lordships in mind of the saving of this House in that Point and further to tell them That if after his Council shall be heard any doubt shall remain with their Lordships they shall be ready to satisfie them in due time 3. That to this end they do intend to send a Committee of this House only to hear what his Council shall say These Particulars raised some Debate in the House and being put to the Question the House was divided upon it but yet after the Tellers were appointed the Noes yielded to the Yeas without telling 4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial as much as in Justice may be 5. To desire a continuance of their Care that the Counsel under colour of speaking to the matter of Law ravel not into the matter of Fact Sir Robert Harly went up to the Lords to desire a free Conference with their Lordships by a Committee of both Houses upon the free Conference had Yesterday with their Lordships concerning the further Proceedings against the Earl of Strafford Sir Robert Harly brings Answer That their Lordships will give a present meeting as is desired The Committee that was appointed to prepare Heads for the Conference concerning the further Proceedings against the Earl of Strafford are to manage this Conference and to Report it if occasion be Ordered That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall do apply their Endeavours in that Service A Message from the Lords by Justice Foster and Justice Heath That the Lords have sent this Message that they will be set to morrow at ten in the Forenoon in Westminster-Hall to hear the Earl of Strafford's Council in matter of Law Saturday April 17th 1641. Post Merid. Ordered That the House be Resolved into a Grand Committee to take into further Consideration the Bill of Attainder of Thomas Earl of Strafford Mr. Speaker left the Chair Mr. Peard was called to the Chair of the Grand Committee and Mr. Speaker again assumed the Chair Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed on Monday morning at Seven of the Clock Monday April 19th 1641. Ordered That after the Conference shall be ended the House shall again be Resolved into a Committee to resume the farther Debate of the Earl of Strafford and all the Members are required to return from the Conference to the House Resolved upon the Question That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland and to Introduce an Arbitrary and Tyrannical Government against Law in both these Kingdoms is High Treason The Lord Digbye's Speech in the House of Commons to the Bill of Attainder of the Earl of Strafford April 21. 1641. Mr. Speaker We are now upon the Point of giving as much as in Us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom Thomas Earl of Strafford a Name of hatred in the present Age by his Practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactared I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon
time or no. The Lord High Steward answered that their Lordships Commandment is to let his Lordship know That if the House of Commons proceed not by their Members to manage the Evidence this day then what his Lordship hath to say to this House may be put off to another time And so their Lordships Adjourned to the House above by which is meant the House where the Lords use to sit in Parliament and appointed the next morning to proceed in this business The Second day Tuesday March 23. 1640 THeir Lordships being set the Lord Steward recited in brief the proceedings of the day before adding that naturally and properly it belongs in the next place for those whom the House of Commons have deputed to manage their Evidence in pursuance of the Articles of Impeachment to begin the work of the day Then Mr. Pym one of the Committee appointed for the management of the Evidence began as followeth My Lords We stand here by the Commandment of the Knights Citizens and Burgesses now assembled for the Commons in Parliament And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a Great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause strength and vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Iob to cast out their Sorrows Truth and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Uprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says he would endure any thing rather than be saved by Falshoood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under His Majesty he is bold to affirm That he hath been careful and faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of His Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Usurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Increase of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects He hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is
Lords but that he spake only to the point of time My Lord of Strafford did here affirm it to be most certainly true That the Petition concerning the things Mr. Fitzgarret mentions was delivered at Council-Board and not in Parliament and desiring Mr. Fitzgarrets further explanation of himself He Answered That he conceives there were two Petitions one as he thinks concerning the performance of the Instructions of 1628. whereunto an Answer might be given at Council-Board and he believes it was subscribed by many of the Council There was another Petition of Grievances seeking redress of them and to whether of these his Lordship gave an Answer in Parliament he remembers not but believes there was an Answer made to both or one of them in full Parliament The Lord Gorminstone being demanded at what time and on what occasion my Lord of Strafford spake the words he was examined on before in the Parliament at Dublin He Answered A Petition was delivered to my Lord of Strafford and he spake to the House wherein he spake the words that he had formerly related That they must expect Laws as from a Conqueror and that the Instructions published for the setling of that Government were procured by a company of narrow hearted Commissioners That he did not then remember the certain time but he is sure it was in Parliament and so resented that almost all took notice of it when most part were English and British Extractions and very few Irish. The Lord Killmallock being demanded to the same purpose Answered That he conceived the occasion was a delivery of a Petition to his Lordship It is true it was not delivered in Parliament nor were the words spoken at the Council-Table where the Petition was delivered But he conceives it was on occasion of delivering that Petition that his Lordship speaks For after the Petition was delivered three or four days after his Lordship came to the Parliament House he called both Houses before him and there delivered these words That Ireland was a Conquered Nation and therefore must expect Laws as from a Conqueror Adding further That the Book of Instructions meaning the Book Printed in King Iames His Reign for the orderly Government of the Courts of Justice was contrived and procured by a company of narrow-hearted Commissioners who knew not what belonged to Government The words he said he remembers very perfectly as having great misery on his heart in the speaking And whereas it is said none did take notice of them They did but they durst not it wrought inwardly and had they spoken of it they expected no redress but a greater addition of calamity to them We shall now proceed and observe That this Article touching the Laws of Ireland gives the ground-work of what follows in the subsequent Articles concerning Ireland And first We desire Your Lordships to take into remembrance That though Ireland differ in some particular Statutes from England yet they enjoy the same Common Law without any difference That by the Statute 28 H. 6. in Ireland It is Enacted That every Cause shall be remitted to its proper Court It is true the King hath this Prerogative not to be tied to sue in the Kings-Bench but may sue in any Courts of Justice for matters Triable in the Common-Pleas or Chancery or Exchequer all Courts are open to him wherever he will have his Cause judged but with the Subject the proper Cause must go to the proper Court and according to this the exercise and use is continued in that Kingdom Some Incroachments being made King Iames of blessed memory took consideration of it he appointed Commissioners and Instructions were Printed in pursuance of this A Noble Earl now present Justice Iones Sergeant Crew and divers others were imployed in that Service These Instructions as they remit the Causes to the proper Courts so they declare that it had crept in at the Council-Table in latter times to take Oaths but direct that it shall be forborn for matters of Interest and Complaint between party and party and matters of Title And it stays not here but a Proclamation is issued to the same effect This Statute these Instructions and this Proclamation we desire may be read Accordingly the Statute was read whereby it was ordained to the Governour of the Land or other Officer for the time being He that accuses shall find sufficient sureties for the damage of him that is accused and if it shall be adjudged that the Suggestion or Accusation is not true c. And also that he that is Arrested may go by Surety or Bail till the matter be determined And if it be matter of Treason or Felony to be remitted to the Kings-Bench if Conscience to the Chancery if Franchise to the Seneschal of the Liberty if for Debt to the Common-Pleas c. saving the Kings Prerogative Then part of the Instructions were read published 1622. wherein it is Ordered That the Council-Table shall keep it self within its proper bounds Amongst which the Patents of Plantations and the Offices on which the Grants are founded are to be handled as matters of State and to be determined by the Lord Deputy and Council publickly but Titles between party and party are to be left to the ordinary course of Law and neither Lord-Deputy Governour nor Council-Table hereafter to intermeddle or trouble themselves with ordinary businesses within Cognizance of ordinary Courts nor meddle with possession of Land nor make or use private Orders Hearings or References concerning such matters nor grant Injunctions nor Orders for stay of Suits at Common Law Causes recommended from the Council of England and spiritual Causes concerning the Church excepted Then the Proclamation was read dated November 7. 1625. whereby it is commanded That the Deputy and Council-Chamber in Ireland then and from time to come shall not entertain or take consideration of any private Cause or Causes or Controversies between party and party concerning their private and particular Estates nor any Cause or Controversie of that Board which are not of that nature that do properly concern matter of State But that all Causes and Controversies of that nature moved or depending between party and party concerning private and particular Interests be proceeded in in the ordinary Courts of that Kingdom respectively to whom the Cognizance of these Causes and Controversies doth belong c. For that Objection from the Opinion of my Lord Cooke in Calvins Case if it were an Opinion to the contrary in an Argument it is no binding Authority But that Opinion is nothing at all against what hath been said for it is express That Ireland did retain the same Common Law with England It is true Ireland hath Statutes and Customs particularly retained and so there be divers particular Customs in England that differ from the Common Law yet are approved and allowed in it as in Wales and the Custom of Gavel-kind and the Common Law which is the general Government is the
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
Bargain is to be set at the highest he that is to be their Governor and Judge to whom all Appeals must be made shall enter and put in his Authority to make a Bargain that none else would take The Subject is like to have good Justice when the Judge must lose by the Judgment he gives in the Cause when the Deputy of Ireland must be both Judge and Party It is said Williams first entertained it and left it but though my Lord be not the first that Projected it he is the man that first put it in Execution the first that took it under the Great Seal and first brought it to be a Grievance to the Subject and that he is Charged withall It might be fit for Goldsmiths and such to prosecute it but not for them that are imployed in Administration of Justice and in great designs to follow such a Design But when Profit comes roundly in Sir Arthur Ingram must be put out and for 11 years have half a years value Mr. Maynard added That my Lord of Strafford in his Answer gives it as a Justification of himself that he did not hold it fit to take such a Bargain from the King wherein there was not 1000 l. to be got But though he thought it not fit to take when he could get but 1000 l. yet he held it fit to take such a Bargain from the King where in holding it eight years he gets 30000 l. He thrusts out Sir Arthur and why not himself And there is no wonder that he that gained so much would seem to Interest His Majesty in part that his share might remain more intire surely it was the more injustice in him to retain the Bargain when he had stept into it For the Letter of Iuly 1637. there was a Proposition shewing His Majesties Care for His Subjects in Ireland what to inhance no to inhance if there were Cause My Lord pretends he was loath to make an Inhancement but that was the Opinion of the Board It is to be wondred that he took them not down rather And so he concluded That they had proved the Charge that he hath procured the Customs to be advanced they were not advanced till he entred And their Lordships were desired not to let one thing pass without Observation That from 7 Car. to this time such gain hath been made that there is come to his purse and his Parteners 300000 l. if the Depositions be to be credited and it must be four more if the succeeding years hold proportion That here is not only an Inhancement of Rates on the Subject by way of Extortion but this is soaked out of the Kings Purse That is the 1400 l. a year Rent for the Wines the Surplusage of the Wines the Defaulcation of Colerane London-Derry Knock fergus and Strangford And besides their Lordships may observe the Clause in the Patent the Grant must be good though there be an Act of Parliament against it and the King must pay for His own prize Goods which is left unto their Lordships Judgments The Committe did now declare That for the present they would lay aside the Eleventh Article and proceed to the Twelfth THE Twelfth Article The Charge 12. THat the said Earl being Lord Deputy of Ireland on the Ninth day of January in the Thirteenth year of His now Majesties Reign did then under colour to Regulace the Importation of Tobacco into the said Realm of Ireland Issue a Proclamation in His Majesties Name Prohibiting the Importation of Tobacco without Licence of him and the Council there from and after the First day of May Anno Dom. 1638. after which Restraint the said Earl notwithstanding the said Restraint caused divers great quantities of Tobacco to be Imported to his own use and fraughted diverse Ships with Tobacco which he Imported to his own use and that if any Ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own Price and if that the owners refused to let him have the same at under-values then they were not permitted to Uent the same there By which undue means the said Earl having gotten the whole Crade of Tobacco into his own hands he sold it at great and excessive prizes such as he list to impose for his own Profit And the more to assure the said Monopoly of Tobacco he the said Earl on the Three and twentieth day of February in the Thirteenth year aforesaid did Issue another Proclamation Commanding That none should put to Sale any Tobacco by Whole-sale from and after the last day of May then next following but what should be made up into Rolls and the same Sealed with two Seales by himself appointed one at each end of the Roll. And such as was not Sealed to be seized appointing Sir pence the Pound for a Reward to such persons as should seize the same and the Persons in whose custody the Unsealed Tobacco should be found to be committed to Goale which last Proclamation was Coloured by a Pretence for the restraining of the Sale of unwholsome Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earl did rigorously put in Execution by Seizing the Goods Fining Imprisoning Whipping and putting the Offenders against the same Proclamation on the Pillory as Namely Barnaby Hubbard Edward Cavena John Tumen and diverse others and made the Officers of State and Iustices of Peace and other Officers to serve him in the Compassing and executing these unjust and undue Courses by which Cruelties and Unjust Monopolies the said Earl raised 100000 l. per Annum Gain to himself And yet the said Earl though he Enhaunced the Customes where it concerned the Merchants in general yet drew down the Impost formerly taken on Tobacco from Sir pence the Pound to Three pence the Pound it being for his own Profit so to do And the said Earl by the same and other Rigorous and Undue Means raised several other Monopolies and Unlawful Exauions for his own Gain viz. on Search Iron-pots Glasses Tobacco-pipes and several other Commodities Mr. Maynard did begin to open the 12th Article which was Read THat he did Impost Tobacco himself and restrained others forced the Subjects to sell their Commodity at Low and Under-values because they could not Import it without his Licence and when himself had Bought it at Low Rates he Sould it at Excessive great Rates so that he hath made near 100000 l. Profit by his Monopoly That when his Proclamation is made and Oppression put upon the People he doth the 23 d of Feb. 13 Car. Ordain That none should Sell Tobacco within the Kingdom but such as was Sealed by his Appointment and they that Sold otherwise their Goods should be Sold. That by occasion hereof the Kings Subjects have been grievously punish'd by Fining Imprisoning Pilloring Whipping and the like To prove the Restraint the Proclamation on the 9 th of Ianuary the 13 th
till April following and he thinks till Publication was granted Lorky being Sworn and Interrogated touching my Lord of Esmonds restraint till the passing of Publication He Answered That when my Lord of Esmond heard that my Lord of Strafford had Incerted him into a Bill amongst other Defendants in the Star-Chamber my Lord desired leave to come to England to make his Defence in that Cause and to appear in it in person because without his Lordships leave he could not come over by vertue of this Proclamation My Lord sollicited his leave first by a Petition Aug. 1638. afterwards by several Letters some he the Deponent carried to his Lordship who still denied leave and would not suffer my Lord of Esmond to come over till after Publication was granted in the Cause which he conceives was in April my Lord of Esmond having sollicited from April 1638 till Aprill following Richard Wade Interrogated What my Lord Lieutenant said to him concerning my Lord of Esmonds coming over He Answered That on delivery of the Kings Letter to him when he looked on it in the evening the out-side said my Lord of Strafford is Secretary Crookes hand and to morrow morning if you attend me you shall have an Answer That the next morning he the Deponent came to the Secretary Carr who told his Lordship The Deponent was there That my Lord sent for him the Deponent to his Study and said What needs my Lord of Esmond be so importunate for he can do nothing there but his Attorney and Agent may do it Indeed said he the Deponent My Lord intends only to go over to get a Commission to justifie his Innocency Why then saith my Lord of Strafford I will not give way he shall have no Commission but what is out already and if he have any Commission it is but Negative And Mr. Palmer observed That by this meanes my Lord of Esmond came to be Sentenced and Mr. Maynard added That so might the most innocent Man Lord Roche Sworn and Interrogated Whether he did not demand a Licence and was deny'd and in what suit he thought to be relieved He Answered That he prayed my Lord to give him leave and he deny'd him That his occasion to come over was about an Information preferred against him half a year before in the Star-Chamber conceiving that there were some intentions against him that tended much to his prejudice by my Lord Deputy and Lord President of Munster who were the occasion of the Information as he conceived and that he intended to come over hoping he might do something with the King and their Lordships and when he demanded Licence his Lordship coming to take Ship and he the Deponent conducting him he deny'd it him the Deponent and the Suit was not pursued in five or six months and till my Lord went over nothing was said of it which was five or six months more My Lord of Strafford desired he might be Asked Whether he was not then Prisoner in the Castle he alleadging That he was in prison for divers great Misdemeanors and being Interrogated accordingly He Answered That he was not a Prisoner in half a year after till my Lord came out of England nor was the Cause followed in five or six Months after he propounded a Licence to his Lordship which was the day his Lordship went Aboard The next case offered is the case of Dermond Mac Carty who had a Suit against him several times dismissed in a Court of Justice which my Lord Deputy took afterwards into determination himself and made an Order against him in the Cause that was so diminished Mac-Carty Grandchild to him against whom the Order was made who was not bound by the Order having no Land nor Office in Ireland and so not bound by the Proclamation desired leave to come into England to Complain indeed of this Injustice though he pretended it was for his Education but was deny'd by my Lord and by others in his absence because my Lord had deny'd him before The Petition subscribed by my Lord Deputy himself was Read my Lord Acknowledged it to be under his own hand To the Right Honourable the Lord Viscount Wentworth c. THe humble Petition of Dermond Mac-Carty showing That your Petitioner for his Private Occasions specially for better Breeding and Education is desirous to Travel into the Realm of England He therefore most humbly prayeth your Lordship will be pleased to Licence and Dispence with his Iourney thither And he will ever pray c. Dublin-Castle 28 Iune 1637. FOr Our Reasons best known to Our Selves We think it not fit to Grant the Petitioners Request but do rather hereby expresly inhibit and forbid him to Transport himself into England or any part beyond the Seas without Our Licence first had in that behalf And of these Directions the Petitioner is required not only to take notice but also obey the same as he will answer the contrary at his utmost Peril On a second Petition preferred by Mac-Carty because my Lord Deputy had refused to give him Licence Sir Christopher Wainsford did also refuse his Licence The Petition and the Answer thereunto purporting to that effect were Read Iames Nash Sworn and Interrogated Whether the occasion of these Petitions was not to Complain of that Decree made by my Lord Deputy in a Cause that had in a Court of Justice been dismissed He Answered That he knew the passages of all the Causes having been a Sollicitor and Agent for the Father of Mac-Carty and waiting on their occasions in Dublin That after the obtaining of two Dismissions in the Suit my Lord did Order and Decree for Sir Iames Craig 5496 l. against Mac-Carty And on this Decree an Order to Dispossess him of all his Fathers Estate and he being Banish'd into a Foreign Part the young Man for fear would not come in and appear but hoping to have Redress in England did Petition in this matter in desire and hope to have Redress in that dismission made by the Lord Strafford Mr. Palmer Opened the Case of Parry his Fine and Imprisonment who is mentioned in the Article That he was Servant to the late Lord Chancellor was Examined before my Lord Deputy of some things that concerned his Master and had Answered so much as it pleased my Lord to require of him That after this being used to follow my Lord Chancellors occasions my Lord Deputy to prevent his coming over referred him to further Examination before the Iudges whom he attended five or six dayes but there was nothing to examine him upon for he had delivered all that was required as fully as he knew That finding my Lord Chancellors occasions very urgent he came into England and as soon as he came hither it seems he was followed with directions thence for by Warrant from Secretary Cook he was apprehended by a Messenger and the Warrant expresses it that he was one that came over without Licence That he was
means as this to secure the King of the Royalty and Allegiance of His Subjects To procure it to these ends by these ways at such a time how this can be strained to be High Treason he confesses he does not well understand especially since he is confirmed in that opinion by the allowance given of it here in England as by the Oath read appears And if all this had been done by him solely as Deputy by the power of that Commission he had from His Majesty where should be the crime that should rise so high as to convince him of Treason But that is not all he hath something else to say for himself and that is the Kings Letter of His Majesties own Hand-writing as followeth WENTWORTH COnsidering the great number of Scots that are in Ireland and the dangerous consequences may follow if they should joyn with the Covenanters in Scotland I hold it necessary you should use your best endeavour to try them by an Oath not only to disclaim their Countreymens proceedings but likewise never to joyn with any in Covenant or otherwise against Me To which purpose I Command you to frame and administer such an Oath to the abovesaid intent to my Scotish Subjects of that Kingdom that I may know the well from the ill-affected of that Nation of which fail not as you love my Service And so I rest Your assured friend Ch. R. Dated 16 Jan. 1638. Whitehall So he had His Majesties Warrant but handled the matter so that he never discovered it And this he conceives doth clearly justifie him in all his proceedings That none can administer an Oath but by Authority of an Act of Parliament is as he conceived an ignorance And that upon a Command and being not against Law but intended for the better preservation of the peace of the Kingdom a Deputy of Ireland might do it and if he hath failed he shall not willingly undergo any punishment since it was an act of Obedience and if it were to do again being informed as he then was he must obey and he had rather suffer in obeying His Majesty than dispute with His Commands in that kind And so he hoped that for the Oath and Proclamation he had said that which might acquit him before their Lordships Then his Lordship applyed himself to give an Answer to the other matters brought in his Charge and the next thing urged against him is the Cenfure of Mr. Stuart his Wife and Daughters and Gray That Sentence was the very day before he came from Ireland Michalmas was Twelve months To that he can say no more but that he delivered his opinion concerning them as the rest in the Castle-Chamber where the Deputy hath no more voices than such as my Lord Keeper hath in the Star-Chamber a Casting voice if the voices be equal and otherwise but a single voice and the truth is that the whole Court did agree in it And for their Fine one of their own Witnesses sayes That he delivered his opinion as concurring with the rest of the Court so that the Fines were set before it came to him to vote And the greatness of the Fine was only to shew the greatness of the offence and not with respect to the persons or with any purpose to take the Fines of the parties for when it shall be examined it will appear that little of that hath been paid or looked after for they might have had their pardon the next day if they would have taken the Oath And if he that shall refuse the Oath of Allegiance shall instantly incurr the penalty of a Praemunire the Fine was very moderate in this case In the Oath there is nothing of Ecclesiastical businesses but only a Temporal Allegiance though some of the Witnesses speak of the extending it to the Ecclesiastical affairs My Lord Primate should have been a Witness in the Cause but he is sick and therefore if it may well stand with their Lordships Favour and Justice to deferr this point till he may be examined and heard about it The next thing was the words charged upon him spoken at the same Sentence That the Scotish Nation were Rebels and Traitors and that he would root them out of the Kingdom root and branch These words he absolutely denyed and so under favour he said he must doe still being well assured he never spake them and he is privy to his own heart so far that he can as truly say he never thought them He knows very well what he owes to that Nation as being the Native Countrey of His Majesty and that respect if there were nothing else is sufficient for him to wish to it all Happiness and Prosperity which he doth from his heart Besides he knows there be many of that Nation most Faithful and Loyal Subjects he trusts there are few amongst them otherwise and therefore for him to say the whole Nation are Rebels and Traitors certainly were a Speech of a man frantique and out of his wits rather than of a man in his Senses For though he hath some infirmities of hastiness in him yet he is not so divested of Reason and Understanding as to speak like a mad man especially in things of this nature His Lordship repeated it that he never spake them never thought them nor ever wished any thing to that Nation but Honor and Happiness in all his life nor hath he any manner of particular exception against them either in general or particular Besides he never received personal wrong from any of that Nation he hath received many courtesies from some of them and therefore owes them no Animosity but all the respects in the world But when it comes to the proof that is sufficiently justified for nothing is proved of that they charge him with and when he hath shown the weakness of the proof offered to convince him of them he shall offer a Witness or two that will absolutely clear him Nor did he speak any thing whilst he was in Ireland concerning the Nation in general but whatsoever he spake was concerning the Faction in it and it is an easie matter for a man at a distance to mistake one word for another and when he spoke of the Faction there it was with a great deal of more moderation and better phrase than the words charged For Sir Iames Mountgomery he hath said little as to this matter for he was not there nor speaks at all as if He the Lord of Strafford should have carried himself in that business otherwise than became him only himself confesses when Sir Iames would have some words put into the Oath Of lawful and just Commands He the Earl of Strafford said That that was needless for they could expect no Commands from His Majesty but what were lawful and just and such is the Wisdom and Justice of the King as he dares say they will always be so and the words of the Oath are They shall be so far complying with these Commands as
them that set their hands to the Petition did Vote against it He Answered That there were of them that set their hands to the Petition 10 who did vote the retraction of it and he named Sir Francis Worteley Sir Thomas Danby Sir George Wentworth of Wolley as he thinks and Sir Edward Rhodes Sir Edward Rhodes Interrogated Whether the Country did intrust my Lord of Strafford to deliver a Message to His Majesty declaring their consent to a Moneths pay c. He Answer'd That after long debate Whether the Petition should be presented or no it was by plurality of voices declined and waved and it was moved to my Lord that he should present the Requests of the Gentlemen then met or the plurality of them to His Majesty to this purpose That having demanded two Moneths pay the Gentlemen of the Country made that request to my Lord humbly to beseech His Majesty to accept of one Moneths pay which his Lordship did and His Majesty was graciously pleased to accept of it having formerly given them encouragement for the abatement of 4000 men of the Trained Bands after those Troubles were past and if any Gentleman suffered in that Service there should be no benefit taken of his Wardship and when my Lord presented the desire of the Gentlemen to His Majesty He was pleased in stead of taking of 4000 to promise to reduce the Trained-Bands to 6000. Being Asked what number of Gentlemen were in the Hall and Whether that was not the place appointed for the County to Consult about the business He Answered That he thinks that there was 300 at the least of the one and the other and for the place and time it was both the place and time and that was an Exception my Lord of Strafford took but he was not fairly dealt withal that in regard His Majesty gave direction that at such a time and such a place my Lord President by that name His Majesty was pleased to call him and the Gentlemen of the Countrey should consider the business my Lord thought much a Petition should be drawn without his Consent and that the business should be Concluded before the time and from the place of debate Being Asked How many dissented from this Court He Answered He thinks not above 20 if there were so many Being Asked Whether diverse that signed the Petition did not retract it and amongst the rest himself He Answered Diverse did retract it and himself gave his voice for the waving of it but he cannot say he retracted it for his hand was not to the Petition Being Asked Whether my Lord of Strafford had not Commission from the County to offer a full moneths pay of the Trained-Bands He Answered It was the desire of the Country That his Lordship would be pleased to entreat His Majesty to accept of a moneths pay being desired by the King Being Asked Whether they were not willing to pay it in that part of the Country where he lives He Answered That where he served as Deputy-Lieutenant he knows not of one man that Complained or shew'd unwillingness or any difference but only in the proportion between man and man Being Asked Whether my Lord of Strafford did not faithfully relate the Message to the King according to the Commission the Country gave him He Answered That he conceives he did it most faithfully and with great advantage to the Country Sir Tho. Danby being Interrogated to the matter of the Petition and the declining of it the Consenting of a Moneths pay the Cheerfulness in paying of it He Answered That the Petition was delivered That the Money was paid with a great deal of cheerfulness That they were content to come to a Moneths pay That he heard of no man that declared to deny it Being Asked on Mr. Maynards motion Whether any other direction was given for the Message besides the Petition the last clause excepted He Answered That one taken off my Lord was to deliver the Substance of the Petition Being Asked on Mr. Maynards motion Whether there were not two Trained-Soldiers hang'd up for Mutyning for want of Pay Mr. Maynard thence observing That if they had been well paid there had been no want of it He Answered That he cannot Answer to that without some prejudice to himself he being question'd for hanging men by Martial-Law Sir George Wentworth of Wolley being Interrogated Whether he was not present at the Hall where the Petition was spoke of and Whether a moneths pay was not consented to He Answered He was present and the Petition was declined by the Major number there was a great number in the Hall and my Lord delivered it accordingly to the King He was present when he presented all the grievances exprest in the Petition and left out only that part concerning the Parliament Being Asked Whether my Lord of Strafford had authority to acquaint the King There should be a Moneths pay He Answered Yes and the place of Debating was the Common-Hall and diverse that signed the former Petition did retract it and himself was one of them Being Asked Whether the Money was not paid willingly by every man without Force and Constraint He Answered That he was a Collonel and it was paid him very well The next thing my Lord of Strafford observed was concerning a Warrant alleadged to be given out by him for levying of a Fortnights pay to the Two Regiments of Sir William Pennyman and Sir Tho. Danby If in any thing in his Answer he be mistaken he had rather submit it than dispute it and if it please their Lordships to favour him so far he will as near as he can tell every thing that passed and he hopes diverse of their Lordships will remember a great part of it It is very true before this moneth was ended he is sure within it the King Licensed all the Trained-Bands to go home again save the two Regiments one for Richmondshire and the other for Cleaveland which by His Majesties express Command and Council of War were required one to remain at Yaram the other in Richmondshire to preserve them from those of the other side Sir William Pennyman and some others finding that by this means these Regiments continuing in pay fell to be grievous to that part of the Hundred Those two Hundreds or Weapontakes acquainted him the Earl of Strafford with it out of no particular end in the World but that with Equality and Justice in that common misfortune they might all bear the Common Burden Divers of their Lordships being there at Rippon he did humbly present to the King before the Great Council of my Lords at Yorke That he conceived if the whole-Charge of those two Regiments should lie on those two Hundreds it would impoverish and undoe them and therefore he conceived it Justice and Reason that the rest of the County should contribute towards the Charge the benefit being common to all or else they should successively relieve those
our Religion our King our Laws our Liberties all that can be near and dear unto an honest Soul in one universal and general desolation to defeat I say the Counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to be specially intrusted with the preservation of the whole and in their Conscience perswaded that the dangers are so eminent as they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves by making a Solemn Protestation and Vow unto their God that they will unanimously endeavour to oppose and prevent the Counsels and Counsellors which have brought upon us all these Miseries and the Fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves the better before God and Man Here the Protestation was read unto the Lords together with the Grounds and Reasons which induced the House of Commons to make it which are prefixed before it by way of Preamble The Kings Speech on Saturday last to both Houses being publiquely known in the City rumours were spread abroad concerning desperate Plots and Designs against the Parliament which occasioned multitudes of people to resort the Monday following being May 3. to both Houses of Parliament in such a Confluence as hath not been usual they tendred Petitions to both Houses crying Iustice Iustice against the Earl of Strafford and when the Houses arose they departed Tuesday the 4th of May the Lords desired a Conference with the Commons which was managed by the Lord Privy Seal who spake to this effect That the occasion of the Conference was so visible that he should not need to say more of it the multitudes without bespake the business and matter of it That which he had to say was by Command from the King to the Peers to be communicated to both Houses of Parliament That His Majesty takes notice that the People do assemble in such unusual numbers that the Council and Peace of the Kingdom may be thereby interrupted and therefore as a King that loveth Peace and taketh care that all proceedings in Parliament may be free and in a peaceable manner he desires that these Interruptions may be removed and wisheth both Houses to devise a course how the same may be done At the same time the Lord Privy Seal communicated to the Commons a Petition which the Lords had the day before received from the multitude of people that flock'd together in the Palace-yard which was to this effect THat whereas your Petitioners did yesterday petition for the redress of many Grievances and for the execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on foot to which your Lordships have this day given Answer that you have the same under present consideration Your Petitioners do render humble thanks But forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of Men not of the Hamblets as usually they were wont to do but consisting of other persons under the Command of a Captain a great Confident of the Earl of Straffords which doth increase their fears of the suddain destruction of King and Kingdom wherein your Lordships and Posterity are deeply interessed and this is done to make a way for the escape of the Earl of Strafford the grand Incendiary They humbly pray that instant course may be taken for the discovery thereof and that speedy execution of Justice be done upon the Earl of Strafford Whereupon the Lords sent six Peers of their House to the Tower to understand what truth there was in this Information and to demand of the Lieutenant who chose those men to be lodged in the Tower whether he was privy to it himself and what Order he had to receive them and what Captain was to Command them To the two first he said he was wholly ignorant and for the Third he said he had His Majesties Command to receive One hundred men into the Tower and Captain Billingsly to Command them and to receive only such men as he should bring unto him but now understanding their Lordships Order he did promise that no other Guard should come into the Tower unless it were the Hamblet-men The Lords did further declare at the Conference that they were drawing to a conclusion of the Bill of Attainder of the Earl of Strafford but were so encompassed with multitudes of People that their Lordships might be conceived not to be free unless they were sent home whose flocking hither was the only hindrance to the dispatching of that Bill and therefore desired the Commons to joyn with their Lordships to find out some way how this Concourse about both Houses might be avoided And then they debated the Protestation and passed it and took the same After that the Commons returned to the House Doctor Burgess was desired to acquaint the Multitude with the Protestation which both Houses had taken which being read by him and also made known unto them that the Parliament desired that they would return home to their houses they forthwith departed The said Protestation was afterward tendred to the whole Kingdom with this intimation that whosoever refused to take it should be noted as disaffected to the Parliament The Commons forthwith ordered the bringing in of a Bill for the continuance of this present Parliament that it might not be Dissolved without the consent of both Houses which was read the First and Second time and committed That day the Earl of Strafford writ this ensuing Letter to His Majesty May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8
Articles ingrossed Mr. Pym gets leave to speak Mr. Pym Reports the Conference Thank 's to Mr. Pym. Message for a Conference Answer Mr. Whistler's Report from the Committee for Irish Affairs A Committee to meet a Committee of the House of Lords about the Examination of Witnesses in the Case of the E. of Strafford Petition from the Parliament in Ireland read Sir George Ratcliff not to speak with or write to the E. of Strafford A Troop of Reformado Officers in the Army to be disbanded A Message for a Conference for some of the Members to be present at the Examination of Witnesses Mr. Pym's Report A Message by the Commons Sir George Ratcliff to come in by a day A Report of the Conference for the Lords Members to be examined Another Message concerning Members to be present at the Examination A Protestation of Secrefie Articles against Sir George Ratcliff A Message Ratcliff Irish Army Petitions referred to the Sub-Committee Depositions concerning the Earl of Strafford A Message concerning Examinations The further Impeachment of the Earl of Strafford Sequestration of Thomas Earl of Strafford To open Letters Concerning Council for the Earl of Strafford The little Finger of the Law Ireland a Conquered Nation Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case Lord Mountnorris sentenced to suffer death by Martial Law The Lord Mountnorris put out of Possession Lord Dillon his Patent questioned The Lord Loftus close Prisoner not delivering the Great Seal The Earl of Kildare Committed Committee to consider of the Proof Members to manage the Evidence No Replication to the Earl's Answer Concerning the manner of the Trial of the Earl Concerning the place of Trial and the Council for the Earl The time of the Trial. Concerning the Place for the Trial. Members appointed to View the place of Trial. E of Strafford's Petition read The great Hall in Westminster appointed for the Trial of Thomas Earl of Strafford Menday Afternoon Afternoon The Petition of divers Citizens of London to both Houses of Parliament wherein is an accompt of their Grievances together with their desires for Justice to be executed upon the E. of Strafford and other Delinquents A Memorial of the Member that first took the Names The Prisoner at the Barr. Lord High Steward Lord High Steward E. of Strafford Lord High Steward Lord High Steward Mr. Pym. Lord High Steward Mr. Pym. E. of Strafford Lord High Steward Mr. Pym. Lord High Steward E. of Strafford Mr. Maynard Lord High Steward Mr. Pym. Mr. Maynard Lord Fligh Steward Mr. Pym. Sir Io. Clotworthy a Witness The Question Sir Io. Clotworthy Lord Ranulagh a Witness E. of Strafford Lo. Ranulagh L. Mountnorris a Witness Nicholas Barnewell a Witness E. of Strafford Mr. Pym. Mr. Egor a Witness E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance E. of Strafford Manager E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance Manager Witness E. of Strafford Manager Lord High Steward Witness Witness E. of Strafford Manager Witness E of Strafford Manager E. of Strafford Witness Manager Witness Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager Lord High Steward E. of Straffords Speech Lord High Steward E. of Strafford Manager E. of Strafford Witness Kings Warrant read E. of Strafford Manager E. of Strafford Billetting of Soldiers in Dublin Increase of Shipping Jurors Sentence in the Star-Chamber Manager Lord High Steward Mr. Maynard Manager Article 1. Manager Manager Witness Witness Witness Witness E. of Strafford Manager E. of Strafford Manager Lord High Steward Manager F. Thorpe a Witness Manager Witness E. of Strafford Manager Lord High Steward E. of Strafford Lord High Steward Manager F. Thorpe a Witness George Hawes a Witness E. of Strafford E. of Strafford E. of Strafford E. of Straffords Defence Manager E. of Strafford E. of Strafford The Managers Reply Article 2. Manager Witness Sir Tho. Leyton a Witness Lord High Steward Tho. Harrison a Witness E. of Straffords Defence Witness E. of Strafford Manager Manager E. of Strafford Manager E. of Strafford Manager Lord Steward Managers Relpy E. of Strafford Manager Lord High Steward Sir David Fowles a Witness E. of Strafford Manager Article 3. E. of Strafford Manager E. of Strafford Manager Manager E. of Strafford Manager E of Strafford E of Strafford Manager Robert Kennyday a Witness E. of Strafford Manager Lord Corke a Witness Manager Lord Gorminstone a Witness Lord Killmallock a Witness Sir Pierce Crosby a Witness E. of Strafford Mr. Slingsby a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford E. of Strafford Manager Manager E. of Strafford Managers Relpy Managers Reply Mr. Fitzgarret a Witness E. of Strafford Lord Gorminstone a Witness Lord Killmallock a Witness Manager Article 4. Manager Lord Ranulagh a Witness E. of Strafford Witness E. of Stafford E. of Corke 2 Witness Iohn Waldron a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Castlehaven a Witness Manager Lord High Steward Roger Lotts a Witness Manager E. of Strafford Article 5. Manager Manager Lord Mountnorris a Witness Witness Witness Witness Lord Dillom a Witness Lord Ranulagh a Witness Manager Earl of Cork a Witness William Castigatt a Witness Lord Dillon a Witness Patrick Gough a Witness Lord Conway a Witness E. of Strafford's Defence Manager E. of Strafford Lord Willmott a Witness E. of Strafford E. of Strafford E. of Strafford Sir Robert Farrer a Witness E. of Strafford E. of Strafford Manager Manager Manager Earl of Ely a Witness Manager Manager Manager Article 6. Manager Thomas Little a Witness E. of Strafford Lord Mountnorris a Witness Mr. Anslow a Witness Manager E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Corke a Witness Lord Ranulagh a Witness S. Adam Loftus a Witness Lord Mountnorris a Witness Earl of Bath a Witness E. of Strafford Manager Manager Mr. Anslowe a Witness William Brettergh a Witness Manager E. of Strafford Manager E. of Straffords Defence E. of Strafford Manager E. of Strafford Article 8. Manager Manager E. of Strafford Manager Manager Mr. Hoy a Witness Thomas Hibbots a Witness Lord Mountnorris a Witness Earl of Cork a Witness Manager Manager Manager Lord Corke a Witness Lord Primate a Witness Lord Renula a Witness Manager Lord Renula a Witness E. of Strafford Lord Dillon a Witness Sir Philip Manwareing a Witness The Managers Reply E. of Strafford E. of Strafford Article 9. Sir Ia. Montgomery a Witness Manager E. of Strafford Manager E. of Strafford Manager Article 10. Lord Ranulagh a Witness Sir Iames Hey a Witness Robert Goodwyn a Witness Henry Brawd a Witness Robert Cogan a Witness Iohn Welsh a Witness Lord Renula a Witness Patrick Allen a Witness E. of
of High Treason and that he had also delivered the other Particulars he had in Charge Their Lordships Answer was That they do desire to take this weighty Matter into their serious Consideration and will speedily send an Answer by Messengers of their own Afterwards Mr. Pym was sent up to the Lords with a Message that some fit course be taken that there may be free Passage between England and Ireland notwithstanding any Restraint made there to the contrary The same day came a Message from the Lords by the two Chief Justices That the Lords have taken into serious Consideration the Accusation sent from this House against the Earl of Strafford and have Sequestred him from the House and have Committed him in safe Custody to the Messenger of their House and they will move his Majesty that the Passage from Ireland into England may be open notwithstanding any Restraint made there to the contrary The Message delivered by Mr. Pym was in manner following My Lords The Knights Citizens and Burgesses now Assembled in the Commons House of Parliament have received Information of divers Traiterous Designs and Practices of a great Peer of this House and by vertue of a Command from them I do here in the Name of the Commons now Assembled in Parliament and in the Name of all the Commons of England Accuse Thomas Earl of Strafford Lord Lieutenant of Ireland of High Treason And they have Commanded me further to desire your Lordships that he may be Sequestred from the Parliament and forthwith committed to Prison They further Commanded me to let you know that they will within a very few days resort to your Lordships with the particular Articles and Grounds of this Accusation The Earl being required to withdraw it was debated by the Peers Whether he should be Imprisoned on a general Accusation without any particular act of Treason charged against him or not But upon the question it was carried in the Affirmative and he being called in kneeled at the Bar and after standing up the Lord-Keeper spake to him as followeth My Lord of Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day Accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few days produce in the mean time they have desired of my Lords and my Lords have accordingly Resolved That your Lordship shall be committed into safe Custody to the Gentleman-Usher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you And thereupon he was immediately taken into Custody by Iames Maxwell Usher of the Black Rod. Thursday Novemb. 12th 1640. A Message came from the Lords by the Lord Chief Justice Littleton and the Lord Chief Baron Davenport That the Lords have Commanded Us to let You know that in pursuit of your desire Yesterday to have the Ports open between Ireland and England some of the Lords had moved His Majesty in it and it shall be done speedily and effectually This day the House fell into serious Debate concerning Sir George Ratcliff an Intimate of the Lord Lieutenants of Ireland in whom he reposed great Trust and Confidence and by the discourse was as if he were guilty of High Treason in endeavouring to subvert the Fundamental Laws and that he did joyn with the Earl to bring in an Army from Ireland into this Kingdom and had joined with the said Earl to use Regal Power and to deprive the Subjects of this Kingdom of their Liberties It was moved that he might be sent for over as also for Sir Robert King who is a material Witness against the Earl of Strafford But for as much as they were Members of the Parliament then sitting in Ireland it was referred to a Committee viz. Mr. St. Iohns Mr. Selden Mr. Ieofrey Palmer Mr. Solicitor Mr. Maynard Mr. Grimston Mr. Chadwell Which Committee had Power to consider what was fit to be done in sending for Sir George Ratcliff and Sir Robert King in regard they are Members of the said Parliament now sitting in Ireland and to present it to the Consideration of this House and are to meet to morrow Morning at Seven of the Clock in the Committee-Chamber Ordered Mr. Speaker be intreated to be here this Afternoon to sit by at the Great Committee for Irish Affairs and if there be Cause to resume the House And accordingly the Grand Committee of the whole House sate this Afternoon upon the Irish Affairs and the Speaker sate by according to Order There came word that the Lords were come and expected the Committee of this House at the Conference concerning the Proceedings at the great Council at York Mr. Speaker assumed the Chair and it was moved That the Committees that sate in other places might be sent for to attend the Conference that those Gentlemen might be sent for by the Mace that were gone before to the Conference The House rose and the Committee went up to meet the Committee of the Lords at the Conference and Mr. Speaker adjourned the House and went home Friday Novemb. 13th 1640. Ordered that the Committee for preparing the Charge against the Lord Lieutenant being now Sine die meet this Afternoon at Four of the Clock in the Treasury-Chamber which Committee has Power to receive all such Petitions and Papers as may conduce to the business and have likewise Power to send for Records Papers Parties and Witnesses or any other thing that they shall think may conduce to the perfecting that Charge The King's Solicitor Reported from the Committee appointed to consider of the manner of sending for Sir George Ratcliff and Sir Robert King being as is inform'd Members of the Parliament in Ireland That the Committee were of Opinion That it is better to examine this Matter according to the Rules and Foundations of this House than to rest upon scattered Instances They distinguished between the Case of Sir George Ratcliff and Sir Robert King thus We find an Information given which if it be true of High Treason against Sir George Ratcliff then there is no doubt but in Case of High Treason Priviledge of Parliament neither here nor there doth reach to protect him but that Sir George Ratcliff may be sent for though a Member in Parliament there this was the Opinion of the Committee For the other Sir Robert King the Case did differ for to send for him to testifie in any Case were of dangerous Consequence or to send for him to testifie in the Kings Bench in Case of Treason where the Court doth ordinarily sit but this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing or in any ordinary Court for the Parliament is a Court that doth not ordinarily sit a Court of the great Affairs of the Kingdom therefore to be sent for hither
concerning the Earl of Strafford shall be Heads of that Conference and that Committee is to manage the Conference Sir Philip Stapleton brings Answer from the Lords That their Lordships do expect His Majesty at their House this Morning and that so soon as His Majesty shall be gone they will send Answer by Messengers of their own Thursday February 18th 1640. The Lords desired a Conference by a Committee of both Houses concerning the Sequestring of Thomas Earl of Strafford from his Offices presently in the Painted Chamber if it may stand with the conveniency of this House To which Answer was returned That they will give a meeting presently for a free Conference Mr. Pym Reports the free Conference Upon Mr. Pyms Report It was Ordered That this Committee viz. Sir Walter Earle Sir Io. Culpepper Mr. Hollis Mr. Solicitor Mr. Vaughan Mr. Hyde Mr. Pym Mr. Maynard Mr. Selden Mr. Palmer Mr. Whitlock Sir Simon D'Ewes Mr. Whistler Mr. Glyn and Mr. Hampden Do take into Consideration the whole matter of the Report of the free Conference now made by Mr. Pym and also what concerns the Right of the Commons in the Proceedings in the Lords House against the Earl of Strafford and what Concerns the Kingdom in general and the Legality of these Proceedings and they are likewise to Consider What is fit for the Commons to claim in Causes of Impeachment and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber Friday February 19th 1640. That the Committee for the Earl of Strafford shall have Liberty to open all Letters directed to Sir George Ratcliff and if they find it worthy the knowledge of the House they are to acquaint the House therewith Ordered That the Committee appointed to consider of the Proceedings in the Lords House against Thomas Earl of Strafford do meet this Afternoon at Two of the Clock in the Treasury Chamber Tuesday February 23. 1640. A Message from the Lords desiring a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the convenience of this House concerning the Conference that was Yesterday touching the Proceedings against Thomas Earl of Strafford Answer returned by the same Messenger That this House hath taken into Consideration their Lordships Message and will give a meeting for a free Conference as is desired Mr. Glyn Reports from the Conference That the Lord Keeper delivered the Lords Answer in these words viz. First That We shall admit him no further use of Council than the necessity of the Case for his just Defence requireth and wherein Council may with the Justice and Honour of this House be afforded him Secondly That there shall be no delay in Proceedings but all Expedition used according to their own desires Wednesday February 24th 1640. A Message from the Lords desiring a Conference by a Committee of both Houses touching the Answer of Thomas Earl of Strafford presently if it may stand with the Conveniency of this House Answer returned by the same Messengers That this House will give a meeting presently as is desired Mr. Solicitor Mr. Maynard Mr. Pym Mr. Reynolds Mr. Palmer and Mr. Hampden Are appointed Reporters of the Conference Mr. Solicitor Reports from the Conference That Yesterday was the day the Lords had prefixed for my Lord of Strafford to give in his Answer that accordingly he was there and had given it in and that this Answer which now they had delivered to the Commons was the Answer which the Earl of Strafford was to stand or fall by The engrossed Answer and a Copy of it were both delivered in by the Reporters and was desired that when the Copy was perfectly examined the Original might be delivered to the Clerk of their House Ordered That Mr. Speaker be here this Afternoon at One of the Clock and that the Earl of Strafford's Answer may then be read and considered of The same day in the Afternoon the several Articles of the further Impeachment of Thomas Earl of Strafford by the Commons were all read and to every of the said Articles the particular and several Answers of the said Earl were likewise read The Answer held three hours reading being above 200 sheets of Paper too long to be here inserted yet take an exact Abstract of the said Answer to the Articles exhibited against him which are as followeth Answers to 28 special Articles To the First Article he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir Iohn Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he
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
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
justifie the Justice and Legality of the Bill of Attainder Mr. Pym Mr. Stroud Sir Thomas Barrington Mr. Hollis and Sir Io. Hotham are to prepare Heads for this Conference and to manage it Mr. Pierepoint Reports the Conference had with the Lords touching the matter of Law in the Case of the Earl of Strafford My Lord Privy-Seal said That the intention of their House was to have proceeded in the former way to have heard the Council upon the legal part but since it is your desire to have a Committee of both Houses to meet at the time and place before appointed the day being now far spent and finding something of moment to be considered of their Lordships will send an Answer by Messengers of their own in time convenient and therefore shall not meet on Saturday in Westminster-Hall but will sit on Saturday in their own House Friday April 23th 1641. Post Merid. Exceptions were taken by divers Members of the House to the Lord Digby for many Passages in a Speech of his delivered at the passing of the Bill of Attainder of the Earl of Strafford The Lord Digby rose up and in his place explained himself touching those several Passages and there was no more done thereupon at this time Saturday April 24th 1641. Post Merid. Two Petitions from divers of the Citizens of London were this day read 1. To the House of Commons 2. To the Honourable Assembly of the Lords and Commons as followeth To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great Sums of Money to use to call it in and remit much of it by Exchange into Forreign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these Parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English-Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and Imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offendors remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet Reformed and the Earl of Strafford who as now appears hath Counselled the Plundering of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be Practices now in hand to hinder the Birth of your great Endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing therefrom and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their said Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. Subscribed to the Petition 20000 all Men of good Rank and Quality After the Petition was Read and Considered The Lord Russel goes up to the Lords with this Message to desire a Conference by a Committee of both Houses concerning a Petition from the City of London directed to both Houses of Parliament Mr. Glyn is Ordered to manage this Conference and Mr. Hill to assist him and to deliver the Petition from the Citizens of London at this Conference and thence to take occasion of representing the Desires of this House likewise for the Expediting of the Bill of Attainder of the Earl of Strafford Monday April 26th 1641. Post Merid. A Message from the Lords by Judge Reeves and Judge Heath That they are ready for a Conference by a Committee of both Houses to the Petition presented from London for which this House sent a Message on Saturday last Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired According to an Order on Saturday last Mr. Glyn and Mr. Hill went up to manage this Conference and Sir Walter Earle is Ordered to manage Mr. Pym's part in respect of his absence at this time Tuesday April 27th 1641. Post Merid. A Message from the Lords by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall and there to hear this House according to their own offer when they brought up the Bill of Attainder of the Earl of Strafford
Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to examine hear and determine according to the course of Proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in those parts and did disinherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel and procure further Directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl to bring His Majesties Liege-people into a dislike of His Majesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and Governed by the same Laws The said Earl being Lord Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased and speaking of the Charters of former Kings of England made to that City he further then said That their Charters were nothing worth and did bind the King no further than He pleased IV. That Richard Earl of Cork having sued out Process-in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper-Petition without Legal procéeding did the 20th day of February in the Eleventh Year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said Eleventh Year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tythes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his words and spéeches arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government V. That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and
Merchandise XI That the said Earl in the Ninth Year of His Majesties Reign did by his own Will and Pleasure and for his own Lucre restrain the Exportation of the Commodities of that Kingdom without his Licence as namely Pipe-staves and other Commodities and then raised great Sums of Money for Licences of Exportation of those Commodities and dispensation of the said Restraints imposed on them by which means the Pipe-staves were raised from Four pound ten shillings or Five pound per thousand to ten pounds and sometimes Eleven pound per thousand and other Commodities were enhanced in the like proportion and by the same means by him the said Earl XII That the said Earl being Lord Deputy of Ireland on the Ninth day of January in the Thirteenth Year of His now Majesties Reign did then under colour to regulate the Importation of Tobacco into the said Realm of Ireland issue a Proclamation in His Majesties Name prohibiting the Importation of Tobacco without Licence of Him and the Council there from and after the First day of May Anno Dom. 1638. after which Restraint the said Earl notwithstanding the said Restraint caused divers great quantities of Tobacco to be Imported to his own use and fraughted divers Ships with Tobacco which he Imported to his own use and that if any Ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own price and if that the Owners refused to let him have the same at under values then they were not permitted to vent the same there by which undue means the said Earl having gotten the whole Trade of Tobacco into his own hands he sold it at great and excessive prizes such as he list to Impose for his own profit And the more to assure the said Monopoly of Tobacco he the said Earl on the Thrée and twentieth day of February in the Thirteenth Year aforesaid did issue another Proclamation commanding that none should put to sale any Tobacco by Whole-Sale from and after the last day of May then next following but what should be made up into Rolls and the same sealed with two Seals by himself appointed one at each end of the Roll. And such as was not sealed to be seized appointing six pence the pound for a Reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Gaol which last Proclamation was coloured by a pretence for the restraining of the sale of unwholesome Tobacco but it was truly to advance the said Monopoly Which Proclamation the said Earl did rigorously put in execution by seizing the Goods Fining Imprisoning Whipping and putting the Offenders against the same Proclamation on the Pillory as namely Banaby Hubbard Edward Cavena John Tumen and divers others and made the Officers of State and Iustices of Peace and other Officers to serve him in the compassing and executing these unjust and undue Courses by which Cruelties and unjust Monopolies the said Earl raised 100000 l. per annum gain to himself And yet the said Earl though he enhanced the Customs where it concerned the Merchants in general yet drew down the Impost formerly taken on Tobacco from Six pence the pound to Three pence the pound it being for his own profit so to do And the said Earl by the same and other rigorous and undue means raised several other Monopolies and unlawful Exactions for his own gain viz. on Starch Iron-pots Glasses Tobacco-pipes and several other Commodities XIII That Flax being one of the principal and Native Commodities of that Kingdom of Ireland the said Earl having gotten great quantities thereof into his hands and growing on his own Lands did issue out several Proclamations viz. the one dated the One and thirtieth day of May and the Twelfth of His Majesties Reign and the other dated the One and thirtieth day of January in the same Year thereby prescribing and enjoyning the working of Flar into Yarn and Thread and the Ordering of the same in such ways wherein the Natives of that Kingdom were unpractized and unskilful which Proclamations so issued were by his Commands and Warrants to His Majesties Iustices of Peace and other Officers and by other rigorous means put in Execution and the Flax wrought or ordered in other manner than as the said Proclamation prescribed was seized and employed to the use of him and his Agents and thereby the said Earl endeavoured to gain and did gain in effect the sole Sale of that Native Commodity XIV That the said Earl by Proclamation dated the Sixteenth of October in the Fourteenth Year of His Majesties Reign did impose upon the Owners Masters Pursers and Boat-Swaines of every Ship a new and unlawful Oath viz. That they or two or more of them immediately after the arrival of any Ship within any Port or Créek in the said Kingdom of Ireland should give in a true In-voice of the outward bulk of Wares and Merchandizes first laden aboard them together with the several marks and number of Goods and their qualities and condition of the said Goods as far as to them should be known the Names of the several Merchants Proprietors of the said Goods and the place from whence they were Fraughted and whither they were Bound to discharge which Proclamation was accordingly put in Execution and sundry persons enforced to take the said unlawful Oath XV. That the said Earl of Strafford trayterously and wickedly devised and contrived by force of Arms and in a War-like manner to subdue the Subjects of the said Realm of Ireland and to bring them under his Tyrannical Power and Will and in pursuance of his wicked and trayterous Purposes aforesaid the said Earl of Strafford in the Eighth Year of His Majesties Reign did by his own Authority without any Warrant or colour of Law Tax and Impose great Sums of Money upon the Towns of Baltemore Bauden-Bridge Talowe and divers other Towns and Places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with Force and Arms in a War-like manner And on the Ninth day of March in the Twelfth Year of His now Majesties Reign trayterously did give Authority unto Robert Savile a Serjeant at Arms and to the Captains of the Companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lie on the Lands and Houses of such as would not conform to his Orders until they should render Obedience to his said Orders and Warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in War-like manner with Force and Arms put in Execution accordingly and by such War-like means did force divers of His Majesties Subjects of that Realm to submit themselves to his unlawful Commands And in the said
Here is above 320000 l. consumed in a year which is almost as much as Queen Elizabeth consumed in any year when Tyrone was in Rebellion and an Army of Spaniards was there My Lords He saith he never took Money out of the Exchequer if he rests in that Affirmation it will be very near truth yet serves but to shadow a falshood which is worse to cover and to glaze under such a Colour of Truth as that is a notable Falshood My Lords It is true he hath taken no Money out of the Exchequer but he could be content to take from the Under-Treasurer of the Exchequer 24000 l. about two years since and to keep it for his own occasions when the Kings Army was in want And he paid it in but lately And before I pass from this matter of the Revenue give me leave to speak something of the increase that comes in by the Customs It is true there is a great increase but if your Lordships look to the beginning of that bargain you shall find the notablest cozenage that ever was offered to a Prince in one that was a sworn Servant and intrusted with so great a Charge It will be more fully opened in the Article that concerns the Customs but I shall speak of it a little He made a bargain and under pretence of getting of 1350 l. gain to the King he gave cause of Allowances and Defalcations whereby he took forth of the Kings Purse 6000 l. a year or very near which the King had before He laid new Additions of charge on the Customs which came to 12000 l. So that on a bargain of giving 1350 l. more than was reserved on the former Lease He was sure that when he made the bargain of gaining 18 or 20000 l. 8. But I shall pass from the Revenue of the Crown to the Revenue of the Church which is in the 8th place He saith he hath been a great Husband for the Church and truly hath brought in many Lands to the Church but he hath brought them in by ways without Law without Rules of Justice He hath taken away mens Inheritances And here My Lords is an offering of Rapine an offering of Injustice and Violence And will God accept such an Offering Must the Revenues of the Church be raised that way It is true it was the more in the way of his own Preferment He knew who sat at the Helme here the Archbishop of Canterbury and such services might win more credit with him It was not an Eye to God and Religion but an Eye to his own Preferment I shall speak no more of that 9. I come to the 9th head and that is the building of Churches Many Churches have been built since his Government Truly My Lords why he should have any Credit or Honour if other men builded Churches I know not I am sure we hear of no Churches he hath built himself If he would have been careful to have set up good Preachers that would have stirred up Devotion in men and made them desirous of the knowledge of God and by that means made more Churches it had been something But I hear nothing of Spiritual Edification nothing of the knowledge of God that by his means hath been dispersed in that Kingdom And certainly they that strive not to build up mens Souls in a Spiritual way of Edification let them build all the material Churches that can be they will do no good God is not worshipped with Walls but he is worshipped with Hearts 10. He saith in the 10th place That many Orthodox and Learned Preachers have been advanced by his means and the Doctrine and Discipline of the Church of England by his means Protected and Defended My Lords I shall give but two or three Paterns of the Clergy that he hath preferred If you will take Doctor Atherton he is not to be found now above Ground for he was hanged for many foul and unspeakable Offences Doctor Bramhill hath been preferred to a great Bishoprick but he is a man that now stands charged with High Treason he hath been but few years in Ireland and yet hath laid out at least 30000 l. in Purchases I shall name but one Chaplain more and that is one Arthur Gwyn who about 1634. was an Under-Groom to the Earl of Corke in his Stable In the year after Dr. Bramhill preferred him to be a Clergy-man and a Parsonage and two Vicaridges Impropriate were taken from my Lord of Corke and given to this Arthur Gwyn I shall add no more Patterns of his Clergy 11. I go to the 11th and that is concerning the Army He hath many glorious Expressions of his Service concerning the Army That they are 1000 Horse and 2000 Foot And that there hath been very few Papists Soldiers or Officers and none preferred by himself Truly I think he says true or within one of true in this for there was but one preferred by himself and therefore I shall not stand upon that But he says this Army was paid out of the Revenue of the Crown which heretofore it was not wont to be To that I have spoken before and shewed that many years before his time all the Charges of Ireland were born within Ireland He says and I speak that as to the Army too That neither the Arms nor Wages have been burdensome to the people of Ireland but their Lodgings and Billettings have not been easie and not without discontent Why My Lords in Dublin it self where they have a Charter that exempts them from Billetting of Soldiers they have been faign to pay for Billetting of Soldiers Nay those Soldiers that were Servants and Dwellers in his own houses and other places must have their Billetting moneys And of this there hath been Petitions and Complaints nay it hath been spoken of in Parliament there and yet he can tell you that the marching and laying of Soldiers is without burthen and grievance to the People that was the Eleventh 12. I go to the 12th and that is the great increase of Trade The increase of Shipping 100 to one Truly My Lords in a time of Peace and in a growing Kingdom as that was being formerly unhusbanded It is no wonder that when Land increases in the Manurance and People increase in Number both Shipping and Trade increases But it is the advantage of the time not the advantage of his Government for My Lords his Government hath been destructive to Trade And that will manifestly appear by the multitude of Monopolies that he hath exercised in his own person And that is all I shall speak to the 12th 13. The 13th is That Justice hath been administred without bribery without partiality without Corruption these are Glorious things But there will as much fall upon him of Corruption and Injustice as of any other Offence And that My Lords will appear to you through the whole course of our Evidence I shall not now speak of the particulars And that we may not content our selves with
particular witnesses only I shall humbly desire That the Remonstrance of the Parliament of Ireland both of the Lords and of the Commons may be read And they will give a sufficient Testimony of the quality of his Justice 14. The 14th My Lords is this That he hath been a Means to His Majesty for a Parliament in England It is true he was And it is as true that we count that as mischievous a part of his design as any thing else Into what a miserable Dilemma My Lords did he bring the Kingdom that we must surrender the Liberties of the Kingdom in Parliament or see them oppressed with Force and Violence out of Parliament The particulars of this I shall leave for the instant for there is an Article that concerns this I have now passed through all the material parts of the Apologetical Preamble He concludes with a desire That he may not be charged with Errors of his understanding or Judgment being not bred up in the Law or with weakness to which humane Nature is subject Truly it would be far from us to charge him with any such mistakes No My Lords we shall charge him with nothing but what the Law in every mans breast condemns the Light of nature the Light of common reason the Rules of common Society And that will appear in all the Articles which my Colleagues will offer to you My Lords I have some few Witnesses which I shall desire may be heard to the points I have opened and I shall in the first place desire that Sir Pierce Crosby may be heard concerning the breach of Priviledge in Parliament Also Sir Iohn Clotworthy Nich. Barnewell Nich. Plunket and Sir Iames Montgomery I have some Witnesses to the point of Revenue Sir Robert Pye Sir Edward Warder and Sir Adam Loftus Gentlemen You who are of the Committee I am commanded to let you know That the Lords will allow you all the Testimonies you can produce to make good the Impeachment but the Witnesses which you do produce must be deposed before their Lordships Mr. Pym replied My Lords the Commons agree to it and in the first place we shall call Sir Pierce Crosby who was sworn accordingly My Lords I humbly crave leave whether I may not make my exception to any Witness Yes you may We desire to be heard upon that point of Exception That if my Lord of Strafford will make any Exception why a Witness should not be heard at all it may be according to the Rules of Justice The Lord High Steward declaring the Prisoner might except against the person of the Witness if he have just Cause my Lord of Strafford proceeded in substance as followeth My Lords I humbly conceive that I have against this Gentleman Sir Pierce Crosby just occasion of Exception as not being a competent Witness for that the said Sir Pierce hath been sentenced in the Star-Chamber for a very undue practise against me tending to no less than the taking away of my Life charging me and practising to prove it by Testimony of witness that I had killed a man in Ireland whom I protest I did never so much as touch That ever since the said Sir Pierce having broke Prison and made an Escape out of the Fleet he hath remained abroad and never came hither till such time as the Parliament sate here and now is returned to make Complaint in this business against me or indeed against the Court of Star-Chamber rather And standing thus whether the said Sir Pierce shall be allowed a Witness against me I humbly refer it to Your Lordships Judgments My Lords We expected my Lord of Strafford would have shown on what reason Sir Pierce was censured for a man Criminous in one kind may be nevertheless fit to give Testimony in another kind If it be a particular practice against my Lord of Strafford when their Lordships have heard what that practice was and have heard likewise the Witness they will believe him according to the weight of the Testimony compared with the fault or whatsoever else is in the Sentence But in the mean time they conceive it is no Exception but that the Witness should be heard This that is charged on my Lord of Strafford being a Crime of High Treason it concerns the Common-wealth the King being party and not the Witness that is produced And whereas it is informed that Sir Pierce Crosby brake Prison The Gentleman tells us it is not so he paid the Kings Fine and so was discharged But though he had it will not take away his Testimony when he is present which he said he spake only to give satisfaction to that aspersion I must desire their Lordships directions whether Sir Pierce Crosby be allowed notwithstanding my Lord of Straffords exceptions against him and Mr. Maynards allegations why his Testimony should be given in this case or no And divers of their Lordships called to have the House Adjourned to the House above that they might there debate and determine it Mr. Pym did thereupon offer that they will at present lay him aside till their Lordships have had opportunity to consider and bring him again to morrow whereunto Mr. Maynard added this further We desire rightly to express our selves to Your Lordships We will lay him aside till Your Lordships have heard others not that they wave him wholly And we pray it may be so entred The Lord Steward declaring it so to be It is so understood In the next place we desire that Sir Iohn Clotworthy may be called whom we produce to this point That during the Parliament in Ireland for speaking against a Bill in the Commons House he was threatned by Sir George Ratcliffe whom we take to be bound up in one Cause with my Lord of Strafford and to be moved by my Lord of Straffords spirit and that Parliaments are not Priviledges when Parliament Liberties are not observed Sir Iohn Clotworthy was sworn My Lords We desire he may be asked whether for having delivered his Opinion against a Bill preferred to the Parliament in Ireland by the Earl of Strafford about the 10th year of this King he was not asked by Sir George Ratcliffe concerning a Lease that he had the question intimating a Threat that he should suffer for speaking so freely To which he answered My Lords In the 10th year of the King I serving in Ireland in Parliament did Vote against a Bill as soon as I had Voted against it Sir George Ratcliffe being one of the Tellers on his counting the numbers how many Yea's and how many No's He came to me and said thus Have not you a Lease in such a place I told him yea remember that saith he This is all I can remember And this he added was in the Commons House 2. He being interrogated whether he knew any thing of Sir Pierce Crosbies Commitment or no He answered I know it only
by hear-say he was a Member of the House when I had the Honour to serve I heard the expression of Sir George Ratcliffe at that time And the common voice was that he was under restraint but I saw him not Being asked whether there was any other occasion of these words but his said Vote He answered Truly My Lords I can apprehend none 4. Being asked whether he heard Sir George Ratcliffe threaten Sir Pierce Crosby in Parliament He answered I heard Sir Pierce Crosby speaking against a Bill in Parliament and as soon as he had sate down from speaking against the Bill Sir George Ratcliffe said to him That is not Privy-Councellor like or to that purpose I heard him To the point of Sir Pierce Crosbies being sequestred from the Council upon his speaking in Parliament The Lord Ranulagh being sworn was interrogated whether about the 10th year of the King he knew Exception to be taken against Sir Pierce Crosby for delivering his Opinion in Parliament and what proceedings were against him thereupon He answered My Lords to the best of my remembrance Sir Pierce Crosby being a Privy-Councellor in Ireland was charged at the Council-Board for Voting against a Bill that was transmitted by the Lord Deputy and Council and hereupon the Opinion of the Board was asked and by the advice of that Board Sir Pierce Crosby was sequestred from the Council This is as much as I can remember 2. Being asked by whom he was sequestred He answered By the Deputy and the Council 3. Being asked who began the Question He answered My Lord Deputy charged him My Lords I humbly desire that my Lord Ranulagh may be asked whether when things are handled at the Council-Table the Deputy be not the man that propounds them to the Council or no not as a party complaining but as belonging to the duty of his place And how he behaved himself in that business To which the Lord Ranulagh being interrogated Answered It is the constant course for the Deputy to propose the things that be brought to the Board and seldom doth any of the Council propound any thing but the Proposition comes from the Deputy But being further asked on the Committees motion whether this of Sir Pierce Crosbies came to the Board by motion of my Lord alone or that any other moved him in it or conveyed it to him He answered I cannot charge my memory where it had beginning but as I remember My Lord Deputy Wandesford that died last and Mr. Wandsford and Sir George Ratcliffe were movers of it but whether it moved originally from them or from my Lord himself I know not I rather believe it proceeded from my Lord Deputy as being proper for him The Lord Mountnorris sworn and interrogated whether he was present at Council-Table when Sir Pierce Crosby was sequestred from Council-Table and for what Reasons he was sequestred He answers I was then present at Board and he was removed on Complaint made by Sir George Ratcliffe at the Board touching his Voting of a Bill in Parliament And when he said it was not spoken like a Councellor he said he would answer it to him that made him a Councellor That was the effect as I can remember of his Accusation and there were several others that testified the same words that Sir George Ratcliffe accused him of and that was the reason he was sequestred by most Voices at Council-Table though he had many Votes with him And being further asked what my Lord of Straffords Vote was He answered It was for his Sequestration Mr. Nicholas Barnewell sworn Being asked whether for his delivering his Opinion in Parliament Sir George Ratcliffe did ask whether the said Mr. Barnewell's house was capacious to receive 500 men to be laid upon him intimating thereby that he must look for Soldiers to be laid upon him for that reason He answered There was a Debate in the House concerning certain Boroughs sequestred from the House by reason of a Judgment in the Exchequer which the House conceived an Erronious Judgment and were of Opinion that the old Boroughs should be called in I was of that Opinion Sir George Ratcliffe was of another Opinion and would have another question debated And coming out of the House he asked me Will not your House hold Five hundred men I answered you know what my house will hold as well as my self and I smiling at it he answered But it is no laughing matter you shall have 500 men laid on you I desire it may be asked when this was spoken He answered It was in November last and that my Lord of Strafford was not then in the Kingdom Mr. Pym observed That the Spirit of my Lord of Strafford could move in Sir George Ratcliffe wheresoever it was spoken And Mr. Barnewell added it was done in November then last In the next place We shall shew the untruth of that part of my Lord of Straffords Preamble that says The Soldiers in Ireland are disposed with so much contentment to the People that they are no burden to them Mr. Egor was called for a Witness and Sworn Being interrogated whether he knew of any Soldiers Billetted in Dublin whether they were not a Grievance whether that City hath not a special Charter of Exemption He answered May it please Your Lordships the City of Dublin doth bear the Charge of 40 Horse and pays to them 45 l. a month for Billetting which is conceived they should not bear in regard they have a Charter that says Nullus Mareschallus Capiat hospitium intra Civitatem and therefore they conceive it a heavy burden and it is as much as a Subsidy And another part of the City standing in another County pays 10 l. a month so they pay in all 55 l. a month I humbly desire he may be asked whether before my Lord of Straffords time and as long as he can remember The Lord-Deputies Foot-guard and Horse-Companies were not Billetted in Dublin He answered To the Foot-guard when my Lord of Faulkland was there they gave Lodging continually but it was never drawn to matter of money And till now we had never Horse upon us except it were for a month or so In the next place We humbly desire the Remonstrance of the Nobility and the House of Commons in Ireland might be read as Testimonies of my Lord of Straffords Justice I desire to know whether questions are to be asked of matters not contained in the Charge as the Remonstrance is not My Lords The Subverting of the Laws and Corruption in Government and Justice is generally laid in the Charge and he hath answered that he hath administred Justice with Integrity And this we produce to shew That the frontespiece of his Answer is in that part untrue To prove the Truth of the Copy of the Lords Remonstrance now produced the Lord Digby of Ireland was Sworn and he on his Oath said That the Copy
was delivered him at his coming over by the Clerk of the Lords House in Ireland to be brought over hither by Order of the Lords there And the Lord Baltinglasse Deposed That he knew it to be the Clerks hand and they were both present at the Voting of it The same was read bearing date February 22. 1640. The Protestation and Declaration of the Lords Spiritual and Temporal in Parliament Assembled We desire to apply it to disprove part of the Preamble of my Lord of Straffords Answer I desire my Lord Digby may be asked whether he gave his Vote to this Protestation We produce it not as the Act of any particular man but of the Lords Your Lordships may observe that this is fallen out since my Impeachment of High Treason here And that it is followed by Faction and Correspondence as in time might be made appear if I could undertake it and a strong Conspiracy against me My Lords These words are not to be suffered Charging the House of Commons with Faction Correspondency and Conspiracy We desire Your Lordships Justice in this God forbid I should think there was or could be any thing in that House or any Member of it but that which agrees with Truth and Justice and Equity I must profess to Your Lordships I had no Reflection or Intention either upon the Lords House there or upon the Honourable House of Commons here but upon certain Persons that are not Members of the House here that have Correspondency with them in Ireland that are not Members of the House there We must consult with the House of Commons concerning the prosecution of this Exception to his words and in the mean time we will reserve it to our selves and so we shall proceed We desire the Remonstrance made by the House of Commons in Ireland being deposed unto by Patrick Gough That about February 25. it was delivered him sealed up in a box with other things before his face being called on by the House to be brought to the Committee for Irish affairs in England may be read Which Remonstrance was read accordingly Your Lordships may observe That my Lord of Straffords glorious Declaration of his own Merits was confuted by the whole Parliament and that the whole sum of the Charge is confirmed by the Testimony of all Ireland To the point of Revenue of Ireland for the contradicting of my Lord of Straffords Affirmation That Ireland supporteth its own Charge Sir Edward Warder produced and Sworn was interrogated when the last money was sent out of this Kingdom for support of His Majesties Affairs of Ireland He answered The last money sent over for payment of the Army there was in the Term of Easter 1621. and it was 10000 l. in full of 20000 l. for one whole years charge beginning the first of April 1619. and ending the last of March following which was 17 Iac. Being interrogated whether since that time the State here hath been actually charged with the Affairs of Ireland He answered Nothing hath been issued out of the Receipt of His Majesties Exchequer for the Maintenance of Ireland since this time only such moneys as have been lately issued for the Army and what hath been issued to the Treasurer of the Navy and the Officers of it for the maintaining of Ships on the Coast but otherwise no money hath been issued as a constant setled thing out of the Receipt of His Majesties Exchequer for any thing arising since the last of March 1620. I desire he may be asked what was since issued for the Navy We admit that the Charge of the Navy continued divers years after yet a few years before my Lord of Straffords Government it was taken off too The Manager did so open it and Sir Edward Warder did in effect set it forth so Therefore that question was waved Sir Robert Pye produced and Sworn to that point of Revenue and being interrogated to the same purpose Answered No money hath issued out of the Receipt but as Sir Edward Warder delivered it and I know of no other money but only for the Maritime parts something hath been paid to the Treasurer of the Navy And besides the 50000 l. of late I know not any The Lord Mountnorris was called upon and being asked whether the Charge of 7000 l. a year for the Navy of Ireland was not taken off a year before my Lord of Straffords Government He answered I cannot say the sum was 7000 l. But two of the Whelps employed there before my Lord of Strafford came to the Government were defrayed whether wholly or in part I cannot tell but they had good large sums of money and were paid in the Kingdom I desire my Lord Mountnorris may be asked whether when I came to the Government the constant Charge did not exceed the constant Revenue and how much It is true the Irish gave sixscore Thousand pounds towards the Charge so that the Supply came out of Ireland though not out of the constant Revenue of Ireland but it came not out of this Kingdom He further answered the Constant Revenue did not do it There was a Contribution by Loan from the Country to supply it but before my Lord of Faulkland went over I heard my Lord of Middlesex tell him They must look for no more money England had nourished Ireland long enough she must now live upon her own Milk The reason why money did not go out was because 120000 l. was supplyed by a Contribution notwithstanding which when he came to serve the King in that Kingdom the Crown was indebted very near 100000 l. Sterling He hath received 300000 l. for Subsidies It will Appear on Accompts to be bestowed faithfully and justly every penny for the King To the point of my Lord of Straffords taking of 24000 l. of the Kings money and disposing it for a year and a half notwithstanding His Majesties Wants and the Necessities of the Army Sir Adam Loftus Vice-Treasurer produced and Sworn was interrogated whether my Lord of Strafford had not 24000 l. out of the Kings Revenue and how long time and when was it paid in He answered My Lord of Strafford and Sir George Ratcliffe had never a penny out of the Exchequer but on such Warrants as I durst not deny them for their due Entertainment and other things importing His Majesties Service But I must confess that they being Partners in the Customs some moneys were to be paid for the profits of the Customs which were in arrear and Sir George Ratcliffe moved me to give discharges for it and he would give me my Lord Lieutenants Bond and his own for paying of it upon demand which I accepted of and accordingly did give those discharges Whence observe discharges are money for so much money should have been paid in and if it be intercepted the King wants His money Being
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
such thing was spoken that there was 100000 l. in the Kings Coffers And for the 50000 l. received by me in England Mr. Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the Kings Army was in want I desire Your Lordships to observe It was two years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in anything else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir Iohn Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Ratcliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And that if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted from the Deputy and Council the Bill against which he Voted was transmitted Sir Pierce Crosby was there and set his hand to the transmission and because he did not except against it then being a Member of the Board but did except against it afterwards it was thought fit he should be Sequestred as I remember till His Majesties Pleasure should be known but Committed he was not And it was done by the Vote of the whole Board but no way to infringe the Liberty of the House and so in Obedience to Your Lordships as near as I could with a great deal of Weakness and Infirmity I have said as much as I can for the present recollect towards the making good the Truth of my Preamble And I conclude with this humble suit there being some Exception took at some Words that fell from me Many mens Tongues and Mouthes may offend where their Hearts do not And that in truth I may say my Heart did not offend against that Reverence and Duty I shall always pay on all occasions to the Honourable House of Commons and every Member of it but to others that are neither Members of this House nor of the House in Ireland I meant what I said And I do beseech the Gentlemen of the House of Commons to accept my Acknowledgment of this truth and that my Words may not be any ways raised against me as a Cause of their thinking worse of me or that I should be peccant or offending in having other thoughts of the Members and Proceedings of the House than with all Submission and all belief of the Equity of it To which Defence one of the Managers appointed for this days Service briefly replyed in substance as followeth What I have said in Answer of the Preamble was not by way of Charge but only for disproof of that whereby my Lord of Strafford would take away or nullifie the Charge So that if the Charge remains in force the Services performed by him are not effectual to mitigate it That what we have proposed still stands unavoided as we conceive notwithstanding any thing my Lord of Strafford hath said That as concerning Sir Pierce Crosby his agreeing to the Transmission if that be true That there is a preparative part of the Law and there Sir Pierce Crosby might speak as a Councellor But there is a Legislative part of the Law and that is done in Parliament and these being distinct if Sir Pierce Crosby did do any thing at Council-Table it deprived him not of his Liberty to speak in Parliament But we are informed he gave his denial to consent to the Transmission And if my Lord of Strafford were not guilty in his own Person of breach of Priviledge yet if under his Government Priviledge of Parliament be broken it is no matter of Merit to say he procured Parliaments It is no Answer to say
things are not proved when any thing we urged is contained under an Article for then he refers the proof when he comes to the Article as many things concerning the Lands of the Clergy will be made good in the proofs of the proper Article That he hath preferred many Divines that is no part of his Merit nor takes away his fault though it be true That for the Value of his living we never heard of it till on this occasion but be it small or great it is nothing to justifie my Lord of Strafford being offered to this purpose That though his Lordship were careful of the Lands of the Ministers He was not careful of the Ministers themselves in suffering a Groom to execute that high Function Ministers being not to be chosen according to the Quality of the Living but according to the Quality of the Function That for the matter of Monopolies if his Lordship do stop any he may stop them for sinister Reasons and Respects and however there is no Compensation doing his Duty in one thing not satisfying for Neglect in another And then concluded That what we have not now replied unto shall be made good in the Charge and ought not in their Lordships Opinion make my Lord of Strafford more plausible for the Charge shall be made good against him in the truth of the Fact and the Aggravation of it Hereupon the Court was Adjourned and the Committee directed to proceed to the Proofs conducing to the particular Charge the next Morning The Third day Wednesday March 24. 1640. Gentlemen YOU who are of the Committee to manage the Evidence against the Earl of Strafford I am to acquaint you Their Lordships have considered of that point of Sir Pierce Crosby his being examined as a Witness and my Lord of Straffords Exceptions and have resolved that he shall be Examined and that the Validity of his Testimony shall be left unto their Lordships Judgments Your Lordships have with great Patience attended the Charge that hath been read and the Answer and the Exceptions taken to the Preamble which my Lord of Strafford to ingratiate himself did make to the main of his Defence My Lords I shall repeat little of that that hath been said only pardon me if I say this to Your Lordships That wherein my Lord of Strafford answered to very many particulars yet to that one main he answered not which was principally objected against him which I therefore speak to put him in mind of it that if he can he may Answer And that is Your Lordships were pleased to hear the Complaint and Protestation of the whole Kingdom of Ireland read before you The principal of their Aim seems to be to take off the Extolling of my Lord of Strafford that himself or his Agents had put upon him in a Bill of Subsidies wherein indeed the Praise and Honour due to His Majesty was much Attributed to my Lord of Strafford which grieved the Parliament who would take it off and my Lord of Strafford is now willing to lay it down and he doth well to do so when he can keep it no longer when those from whom he took it by fraud or force would wrest it again from him I desire Your Lordships to remember and I am sure you will That the main of our Complaint is His alteration of the fundamental Laws against Will His introducing of new Laws at his Will and Pleasure This is not only the Cry but the Testimony of a whole Kingdom before Your Lordships of all the Lords and Commons of Ireland I shall not touch that which concerns breach of Priviledge of Parliament he would fain put that off on Sir George Ratcliffe his bosom Friend and put it off himself My Lord of Strafford Sequestred Sir Pierce Crosby from the Council his Vote went with it others joined with him but I am sure he moved it he concurred with it But now My Lords I humbly Address my self to that we are ready to maintain The Body of the Charge And because some time hath been spent between the reading of the Charge and the main of the Defence I desire leave to open what is the Nature what the Height and Quality of the Offence of which this great Lord stands Accused before you My Lords It is a Charge of the highest Nature that can be against a man A Charge of High Treason It is a Treason not ending and expiring in one single Act of a discontented Heart but a Habit a Trade a Mystery of Treason exercised by this Great Lord ever since the Kings Favour bestowed on him My Lords It hath two Evils to deprive us of that which is good that is to subvert and take away the fundamental the ancient Laws whereby we are secure of whatsoever we do enjoy it hath My Lords a positive Evil in it to introduce instead of that an Arbitrary Government bounded by no Laws but by the Evil Councels of such Ministers as he hath been My Lords It is the Law that gives that Soveraign tye which wâ— all Obedience and Chearfulness the Subject renders to the Soveraign It is the Law My Lords that gives Honours to the Lords and Nobles Interest Property and Liberty to the Subject My Lords The Law as it is the Foundation and Ground of all these hath its distribution in a course of Justice Justice is derived as by so many Channels by the several Courts of Justice whereby the Kings Justice for it is His is brought and conveyed to the Subject My Lords Of all this hath my Lord of Strafford endeavoured not only to put the Subject out of present Possession but to make him uncapable of the future Benefit of it Other Treasons yea a Treason against the Person of a Prince which is the most Transcendent and High Treason that can be fall short of this Treason For a good Prince may be gathered to His Fathers yet another may succeed Him that supports the Glory and Justice of His Throne We have had Experience of it When blessed King Iames was taken from us to Heaven Sol occubuit nox nulla secuta est But if any one such a design as this should take effect That the Law and Justice should be taken from the Throne and Will placed there we are without hope of ever seeing Remedy Power in so great a measure taken is not easily laid down unless it be by the exceeding great goodness of so merciful and just a Prince as we have My Lords The Particulars of this Treason are Conveyed to Your Lordships in 28 several Articles I shall shortly and briefly touch but the Heads of those on which I shall insist and give some distribution of them And I think the best way will be this To consider first what he did and what he said before he went into Ireland then what he did and said there and what he hath done since And in all of them you will find this his main design which I
have opened That Law might no where stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction In taking on him a Power to make Laws In Domineering and Tyrannizing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might Your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall now come to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Iac. which the then Lord Deputy had in which was that Legal phrase Secundum antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estatâ— That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions than no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the Kings Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State should serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing The Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Councels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The Kings little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majesties Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not that disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we present next is a Peer of the Kingdom thrust out of his Possession by my Lord of Straffords Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Straffords Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these
of a Gentlemans Sir Thomas Gore being Fined in the Court of Star-Chamber there and his being Arrested by a Warrant from my Lord Wentworth here in London We do not go about to prove that he solicited for this Commission but that he expressed his desire of it and upon that it was granted We shall prove that it was executed in this high manner that when Prohibitions have been taken out he hath punished the parties some he hath threatned Nay Money hath been given to those that were Defendants in the Prohibition And we shall offer this too The Judge is dead before whom it was but upon occasion of a Prohibition he went to a Judge a Reverend and Just man Mr. Justice Hutton what was said privately between them we cannot tell but we shall prove that Mr. Justice Hutton complained with Tears in his Eyes how that Lord used him about a Prohibition And so we shall leave this Article with this We shall not go about to prove Decrees for which he might have Colour but for these Clauses he could have no Colour they never being in any Commission before THE First Article The Charge THat the said Earl of Strafford the 21st day of March in the Eighth year of His Majesties Raign was President of the Kings Council in the Northern parts of England That the said Earl being President of the said Council on the 21st of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanours Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falâ—ties therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to Examine Hear and Determine according to the course of Procéedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Frée-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Procéedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in Practice such Instructions nor had they any such Instructions yet the said Earl in the Month of May in the said Eighth year and divers years following did put in Practice Exercise and Use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in these parts and did Dis-inherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransom Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in Subversion of the same And the said Commission and Instructions were procured and issued by Advice of the said Earl And he the said Earl to the intent that such illegal and unjust Power might be exercised with the greater Licence and Will did Advise Counsel and Procure further directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall excéed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the Solicitation and Advice of the said Earl of Strafford Proofs touching the Commission for Government in the North enlarged To the point of Star-Chamber Power THe Commission granted 21 Mar. 8 Car. was read 19 Article whereby my Lord as President or in his absence the Vice-President assisted prout in the Commission are authorized to hear end and determine according to the Course of proceedings in the Star-Chamber all and all manner of Forgeries Extortions c. And to Fine c. So as the Fines imposed be not less than by the Acts of Parliament is provided c. Whence observe That he would have power in Fining to go beyond but not less than the Fines in the Act of Parliament To the point of Chancery Iurisdiction Article 23. was read whereby Power is given by Injunction to stay Proceedings in any Court of Common Law Article 28. was read whereby Power is given to send the Sergeant at Armes and Attach in any part of the Realm of England and to bring before the Lord President c. any person departing the Jurisdiction of that Court after Commission of Rebellion sued forth Article 29. whereby is granted That no Prohibition be granted in the Court of Westminster to stay Proceedings in that Court But in cases where the Court of the President shall exceed the Kings Instructions and if any Habeas Corpus shall be sued forth for not performing the Order of that Court the party Committed not to be discharged so long as such Orders shall stand in force and if any Fine be thereupon estreated The Treasurer and Barons of the Exchequer to discharge it Whence observe That the not granting of Prohibitions or Habeas Corpus's and the discharging of the Fines estreated are new To the sending of Proces actually before these Clauses granted and to the Earl of Straffords procuring the Clause to be supplyed when he found the Defect Iohn Gore Sworn and being interrogated how his Father was Arrested and how long before this Commission Answered That Sir Thomas Gore his Father was Arrested in London by a Sergeant at Armes That his Father conceiving it to be out of the Instructions at Yorke did Appeal to the Council-Table That Mr. Mason argued for his Father and made it appear That the President and Council had no Instructions to take a
man without the precincts of the Court. That my Lord of Strafford fell on his Knees and besought the King That if his Instructions might not be so good as to bring in a Delinquent that had affronted the Court if by stepping over the water he should go beyond the precincts of it he might leave that Service and lay his Bones in his own Cottage That his Father was Arrested in November 1632. as he takes it and was kept 18 Weeks before he was discharged Evers Gower Sworn and Interrogated about the time of his Fathers Arrest Answered That it was in November 1632. and his Father kept in Prison 14 or 18 Weeks but referred to his Brothers Deposition for a more particular Answer To the matter of Prohibitions Iohn Musgrave Sworn was examined Whether he knew of any Prohibition sued forth in Vaux his Cause And whether a Warrant were granted to Attach What Threats my Lord of Strafford used to the party that sued it out being after Octavo Caroli After some Exceptions taken to it by the Earl of Strafford as not being within the Charge The Witness Answered That he knew of an English Suit between Musgrave and Vaux That upon notice given by Musgrave a Prohibition was procured Direction was given that an Affidavit should be made of serving the Prohibition That Affidavit being made a Warrant was directed to the Pursevant or his Deputy to Arrest Vaux On which he was Arrested and Rescued That after Affidavit made of the Rescue a further Warrant was sued forth for bringing in of the Rescuers from London which Warrant was now produced That the Rescuers being thereupon brought to Yorke and having lain several days in Prison an Information was Exhibited by Sir George Ratcliffe then the Kings Attorney at Yorke by relation of Francis Musgrave To which they did Answer And after upon full hearing That before the Censure he the Deponent in Michaelmas Term before 1632. did come to London on behalf of Francis Musgrave to move the Court of Common-Pleas to have the Prohibition dissolved And likewise Vaux did procure a Rule for a Prohibition in the Information Cause which the Witness offered to shew under the Court Hand That it was moved by Sir Robert Heath that the difference might be referred to Mr. Justice Hutton and Sir Robert Heath That he the Deponent undertook for Musgrave and Vaux did submit That afterwards by Sir George Ratcliffes direction thinking it not fit to refer the Cause it concerning the Jurisdiction of the Court of York My Lord President being acquainted with it the Reference went not on that Term but stayed till the Presidents pleasure was known with which Mr. Justice Hutton was made acquainted That in December upon his this Deponents return to York and upon hearing the Information Cause December 1632. Sir George Ratcliffe did offer to the Court the Lord President being there whether he might go on in the Information Cause for that there was a Reference between Musgrave and Vaux to Justice Hutton and Sir Robert Heath or whether the Reference might go on or no That the Lord President thereupon answered That a Rule for a Prohibition was no Prohibition but if there were one he would not obey it And whosoever brought a Prohibition there he would lay him by the heels And as he the Deponent remembred he directed his Speech to the Register of the Court and told him there was a Letter from the King to that purpose but that he said he could not very well remember And as touching the Reference my Lord said It was a Cause that concerned the Jurisdiction of the Court of York and no private man should end it He would try the Jurisdiction of the Court upon it and the next Term would go to London and acquaint the Judges with it and if they remanded the Cause back again so if not he would Appeal to the King in it That after Christmas in Candlemas Term 1632. He the Deponent went to London with my Lord and moved again for dissolving the Prohibition and for Liberty to proceed That again it was agreed between the Judges of that Court and my Lord to have a Treaty And several Treaties they had but could not agree The effect of the Treaty was That if a Trial could be directed at Law upon a fained Action I should go to Law reserving the Equity to the Court if not that the Judges would remand the Cause back again But after they had several days met and no Trial could be directed nor any Action devised at Law to try it my Lord thereupon said He would give no further meeting but would Appeal to the King and the party should Petition On which a Petition was drawn which the Deponent offered And the Judge speaking something of Vaux my Lord said he should not be in England but he would have his Body or words to that purpose F. Thorpe Sworn being interrogated touching some words he heard Mr. Justice Hutton speak touching these Prohibitions and some other things in that point He Answered He would give the best account he could of what passed being divers years since That he was with Justice Hutton in his Study and they had Conference together as they had many times touching that height that my Lord of Strafford was pleased to carry the business of York-shire with And that amongst other things my Lord was pleased to say my Lord had been with him and shewed himself very angry with him because he had granted a Prohibition And this is all he could remember He took it to be seven years ago and in the Cause that concerned Vaux as he took it and this was at London And added That the Judge spake with a great deal of Passion to think things should be carried in that manner as they were that the Judges should not have Liberty to grant Prohibitions For the Judge said that he had thus debated the business with my Lord Why should you be angry for granting of Prohibitions They in the Kings-Bench can grant Writs of Error to examine our Proceedings and we think it no offence and hold our selves as able to Judge as they And it is the Justice of the Law that requires it to be so and therefore you must submit to us as we must submit to them F. Thorpe being asked what he knew of my Lord of Straffords distast against them that sued out or solicited or councelled Prohibitions or Habeas Corpus's He first desired to be excused from saying any thing that concerned himself but being commanded to speak He Answered That he would speak nothing but the Truth if he must do it though he perish for it And he professed that he had not spoken in any place to any person what he was now to say That in the beginning of my Lord of Strafford's time it fell to him in his ordinary course of Practice to move for a Prohibition and on his motion some were obtained That he was informed
by divers men that my Lord of Strafford was much offended with him and some spoke it to him by way of Threat some others by way of Advice and Friendship That he should give over moving for Prohibitions which he did not understand to be a fault since the Justice of the Kingdom was that they should be granted and it continued a matter of a year after That then he took an occasion to go to my Lords House to Gantropp and his Errand was partly to present his humble Duty and Service to his Lordship and in the second place if he could have opportunity and if his Lordship would please to speak with him to give his Lordship satisfaction in any thing he had done in that particular because it was conceived he opposed the Jurisdiction of that Court. That after he had the Favour to speak with his Lordship which was long first He was pleased to say no otherwise than thus I have nothing to say to you you are one that oppose me But at the present I have eased you of the Office of Justice of the Peace so you need not trouble your self with that That he did humbly thank his Honour for it for howsoever he meant it he took it to be no dis-favour but a Courtesie he having been in three or four years but not executing any Authority it standing not with his occasions And his Lordship added Hereafter you and I shall speak further of the businesse That afterwards his Lordship met him in London in the Inner Star-Chamber he then attending on a motion day before the Lord Keeper amongst others of his Rank That my Lord President was pleased to come behind his back and lay his hand on his shoulder and said I Command you not to depart the Town That the words were something strange to him and not understanding well what his Lordship meant by it he instantly went to his Lordship and desired that he might know his mind he not very well hearing him That his Lordship repeated the words again I Command you not to depart the Town That for a matter of a Week or such a thing he did attend under this Command And then applyed himself to his Lordship by all Means and Friends that he could He Petitioned three or four times he is uncertain which He made means by Persons of Quality to his Lordship That his Lordship would tell him the place where he was to attend or the Cause for what or the Person before whom but his Lordship was not pleased to give him any satisfaction only thus much he received That he was one that did oppose his Lordship and he should attend Seeing there was no Remedy he made his Address to a Noble Friend present and acquainted him with the business who was pleased to take the matter so to heart as to move it to his Lordship That then he conceived the fault he had committed The not paying the Knighthood money in York-shire And his the Deponents Answer was he had offered it but was not chargeable by Law for he had not 40 l. a year three years before the Coronation as the Writ did enjoyn He speaks now of that which is not in the Charge which ought not to be We desire he may proceed leaving it to Your Lordships to sever that which is material from that which is not material F. Thorpe proceeded and said He could not say he punished him for the Prohibition but he conceived all did follow because he moved sometimes for Prohibitions And that he had opposed his Authority and Power in York-shire I Appeal to Your Lordships Judgments whether it be not out of the Charge Mr. Thorpe could not search my heart to know the Ground of the Offence The Charge against my Lord of Strafford is not only the Executing of these Instructions but also the exercising of an exorbitant and unlawful Power and Jurisdiction over the Persons and Estates of His Majesties Subjects To which the matter offered by the Witnesses is material The Lord Steward speaking to the Witness said Apply your self as much as you can to the point in question F. Thorpe proceeded and said That he conceived the Question was asked him generally What he could say concerning Prohibitions or them that had to do with them That no man living hath less desire to speak of my Lord of Strafford than he had and if he had not been asked this Question on his Oath and before that Presence and on this Command he should not have said it For what he said now he never had spoke before and with what Sorrow he came now to speak it he knew and said that he spake not this to any other purpose but only That these things which were done were done on the occasion of the Prohibitions For the matter of Knighting-money though it were made the cause of staying him in London yet under favour he said That was not nor could be the Cause For he had offered it below in the Country only thus That he was not Chargeable by Law but very willing to pay it if my Lord would have him pay it so he might comply with his Lordship or serve any occasion wherein his Lordship was employed And therefore that of Knighting was the occasion taken yet he conceived that was not the true occasion And lastly that after he had been kept 12 or 14 days under this Command his Lordship was pleased on that which passed between that noble Lord my Friend and his Lordship to give him leave to go home and then he paid the money We desire the Witness may not conceal any thing but speak it and being demanded accordingly F. Thorpe answered There was another particular happened on him and though another occasion was taken part came from the said Root but he desired to be pardoned in not speaking of it Being required to speak and to set forth what time this was and what that Noble mans name was who upon my Lord of Straffords motion procured him liberty F. Thorpe answered That he conceived the time to be about the Knighting-money business and the Lords name was My Lord Goring Your Lordships may observe this was long before the Commission in 8 Car. and some two years after my Lord of Strafford came to the Place Being Interrogated further Whether he or his Clients have forborn to move in that Cause of Prohibitions out of fear of my Lord of Strafford He answered For his own particular he hath forborn and durst not adventure it nor any that had to do with him in those parts as he knew durst move till of very late For he knew very well the price of my Lord of Strafford's displeasure Being asked if he knew any thing of the Case of Leyton about a Prohibition He answered He knew nothing of it I humbly desire with your Lordships leave to interpose a Question We desire that our Witness might first be
heard out and we shall not interrupt my Lrod of Strafford in asking what questions he pleases in his just defence Let the Witness proceed To your Lordships Order and in all things I shall pay Obedience I desire nothing in the World but a clear understanding of the Truth in this business and so I am sure every man doth that hears me and without Offence and with all Reverence I humbly offer That the Witnesses may stand apart from the Committee for the Commons the Committe asking the Witnesses many questions which I conceive by your Lordships Rule should be asked by your Lordships only For which I crave pardon if I have offended in moving of it I standing for my Life and which is dearer my Honour and my Children Their Lordships Rule hath been kept and things shall be carried clearly on all hands We desire the Witness may proceed to speak concerning his own Imprisonment and the Lord Steward Interrogating him accordingly he kept to the same Point F. Thorpe proceeds saying That he could give no other ground for it though another occasion was taken yet he conceived the true ground because he was too busie in medling with Prohibitions That the Pursevant attending the Council at York came to his house and carried him before the Lord President and Council where he attended a day and then had liberty to speak with my Lord That his Lordship was pleased to tell him there was an Accusation against him but they that laid it were not come to Town therefore he must attend and that they were his betters and therefore he had reason to attend He desired to know what it was but could not have that favour but some eight days after being in the mean time in the Pursevants Custody he was brought to the Council-Table again and his Lordship sitting at the upper end commanded him to kneel he coming as a Delinquent which he did accordingly bringing with him a spirit of submission knowing very well his ruine depended on his opposition and on his rising his Lordship was offended he stayed no longer kneeling Afterwards a Letter was read from some Gentlemen in the Country wherein they had written That I had spoken at the Sessions a little more than became me to the Court in defence of a Client on a Traverse to an Indictment And what they had written I confessed was very true for it was thus upon the Traverse of an Indictment the question being Whether the bare Indictment were Evidence to the Petit Jury I did say it was no Evidence and I desired to Appeal to the Judges My Lord President was pleased to say He would teach me to know there were other men for me to complain to viz. The President and the Council I told his Lordship I was ready to complain to any where I might have Right And I Appeal to the Kings learned Council Whether it was not Law what I spoke I was then put out and direction sent I must find Sureties and make publick submission at the Sessions for saying these words I did find Sureties and when I went to Sir W. Ellis to enter the Recognizance He told me I am sorry but I cannot help you for my Lord of Strafford over-ruled us and you are to be bound to the good Behaviour and make submission at the Sessions And he said further That what he was enjoyned he did perform And all this I conceive originally grew for that I did oppose the Jurisdiction of the Court at York and not for the Causes pretended And this binding to my good Behaviour was eight or ten years ago And being further asked Whether he knew of any other that had been oppressed with this Exorbitant Power or no F. Thorpe answered He had heard of many but he was not present at their Commitment nor saw their Orders and can say nothing of his knowledge only he knew Sir Thomas Gore was under Custody George Hawes was produced next and interrogated What he knew of Sir Conyers Darcies Fining I confess I was there and gave consent to his Fining but it was not by vertue of the said Commission for it was before my time The Manager did now sum up the Evidence and my Lord of Strafford's Answer was expected I desire a little time to retire And after some debating thereof betwixt his Lordship and the Committee It was Resolved his Lordship should have some little space to rest and peruse his Notes at the Bar which the Manager alledged to be unusual in any Court of Justice in a proceeding of this Nature My Lords there is a great deal of difference betwixt the Case of a man that answers for a bloody hainous and known Treason by the Statutes of the Realm before the Lord Steward and his Peers in an ordinary way of proceeding and him that answers a mixt Charge partly Misdemeanors and partly as apprehended Treason There is nothing in this that can be Treason and when 1000 misdemeanors will not make one Felony shall 28 Misdemeanors heighten it to a Treason And in that Point in due time I shall desire my Council may express themselves Whether any thing in this Charge admit it all to be true be Treason that if they be but Misdemeanors I should be admitted Council and examine Witnesses by Commission I had no leave to summon a Witness before Friday last and the greatest part of my Proofs and Charge comes out of Ireland and to be debarred from these under pretence of Treason I conceive to be in this Case a little severe But I shall proceed to my Defence And first As for the Instructions which I am charged withall being 21. March 8 Car. they were not procured by me I knew nothing of them The Commission and Instructions to the President and Council of York are of course renewed on the death of one of the Council of the Fee in Ordinary and the putting in of a Counsellor at large is only by Letter Sir Arthur Ingram who was Secretary going out and Sir Iohn Melton succeeding these Instructions of 21 March 8 Car. were renew'd That in the Case of such Renewing the Kings Councell of the Fee do by the Secretary offer the Kings learned Council such things as they conceive conducing to the clearing and bettering of the Kings Service in those parts And it finally comes to the Lord Keeper or Lord Chancellor and they agree it I protest that I gave no direction in these nor do I conceive any thing offered proves me to be the man that procured them As to the Execution of it from the date of that Commission to this hour I did never one Act nor stayed a minute as President of the Council of York The Commission being granted 21 March Oct. Car. and I went towards Ireland in Iuly following which I can prove by my Servants if they might be sworn And before I be convinced of a Misdemeanor I conceive
they must be sworn But that now I answer only to Treason If I were neither privy to the taking out of the Commission nor any way employed in the executing of it I Appeal unto your Lordships and the Gentlemen of the House of Commons Whether I can be charged as Criminal as to this Commssion or any thing that proceeds from it As for the Sentence against Sir Conyers Darcy it was Just and he complained not of it Of which I have a Copy and desire it may be read That from the first Institution of the Court of President and Council at York That Court had both a Star-Chamber and Chancery Power as will appear by all the Instructions before that time That if there be an Errour in a Judge so that he give a Sentence otherwise than a man of better understanding conceives reason for there is no cause it should be heightned to a Treason to take from him his Life and Honour and all he hath meerly because he was not so wise a man as he might have been nor so understanding as another And if this be prest on Judges I think few Judges will serve And for my part I had rather go to my Cottage as the Witness saith then serve on these Terms The Charge lays it to be done in May 8 Car. and divers years following and the Instructions came not in time till the 21st Mar. 8 Car. which I conceive to be a mistaking of the year That as to the Sentence of Sir Iohn Bourcher which is charged upon me but not insisted upon by the Gentleman I was no way acquainted with the beginning proceeding or ending of the Cause being all that while in Ireland so Your Lordships may observe with what uncertainty men may speak that do inform in such Cases That of the Commission the 13th of the King with which I am likewise charged as the Procurer of it I had no more knowledge than of that which was most forreign being at that time in Ireland and the Commission renewed of one of the Council in Fee I shall now descend to Proofs That the Commission 8 Car. was renewed upon Sir Iohn Meltons coming to be Secretary instead of Sir Arthur Ingram The Committee admitted it To the Testimonies given by the Witnesses I observe That Iohn Gore the first Witness speaks nothing to the renewing of the Commission but to his Fathers Commitment and that was in November but what year Non liquet But this is not within my Charge therefore I shall not Answer to that Though if it were in Charge I doubt not but in that and every thing else I shall give an account of an honest and just man not to say of a discreet and a wise man That for the Testimony of Iohn Musgrave it contains nothing within my Charge and I can say nothing to it but by way of Divination And he is but a single Witness And therefore I conceive shall hardly be able to convince any man of High Treason hardly of a Trespass That what Iohn Musgrave speaks of is grounded on a question of the Jurisdiction of Courts and one rule of our Law is Boni judicis est amplicare Iurisdictionem And why the enlarging of a Jurisdiction should be heightned to a Treason I Appeal to Your Lordships Nobleness Justice and Honour to consider for I think there are none in place of Judicature but they will desire to enlarge their Jurisdiction as far as in Reason and Justice they may And it is a chast Ambition if rightly placed to have as much Power as may be That there may be Power to do the more good in the place where a man lives For F. Thorpe's Testimony I observe That I have nothing to say to him of Exception but that he speaks nothing to the purpose nor to any thing in the Charge I being Charged with the Execution of the Commission 8 and 13 of the King and all he speaks of is precedent in time And what he says is by hear-say from Mr. Justice Hutton and Sir William Ellis I do not remember my Lord Gorings speaking to me about Mr. Thorpe it being 12 13 or 14 years ago I have put in my Answer and if that be not Impeached by Testimony of Witnesses as it is not I conceive it ought to be allowed I desire to produce Witnesses wherein I have Liberty but not to examine on Oath And first To the time of my going towards Ireland His Lordships Secretary being interrogated He Answered That his Lordship went from London 8 Iuly 1633. towards Ireland the 9th year of the King Mr. Railton To the time of his Lordships going towards Ireland said That 8 Iuly 1633. My Lord began his Journey into Ireland being the Ninth year of the King The Committee for the Commons admitted that he went over in Iuly 1633. To the time of my Lord of Straffords coming from York Mr. Thomas Little says His Lordship came from York in Ianuary was eight years and returned not to York till 1636. To his Lordships doing any act as President of York since the said New Commission of Octavo Caroli Mr. Thomas Little says That since the date of that Commission his Lordship never sate as President of the North in any Cause whatsoever His Lordship offered to prove his being in Ireland when Sir Iohn Bourcher was censured by the Vice-President and Council But the Commons not pressing his Lordship in that matter he said If it be granted I have done To the Earl of Straffords being in Ireland when the Commission 8 Car. was renewed Mr. Thomas Little Answered being questioned My Lord was in Ireland at that time he went over in 1636. having come over in November before and was not in England again till 1639. And so My Lords I conclude my Defence That I am charged only with procuring and executing the Commission And this Answer I humbly offer and submit Iohn Gore speaks particularly of the occasion of enlarging the Commission upon the Arresting of his Father That my Lord of Strafford fell on his Knees desiring from His Majesty an enlarging of his Power else that he might go home So going out of England in Iuly after the Commission answers to the Procurement that was before That which his Lordship hath answered to F. Thorpe That the things by him complained of were in the time before the Commission may be used as an Argument That he was privy to the Instructions We produce I. Musgrave only to shew my Lords Violence about Prohibitions before this Commission was procured He growing so high a little before That he would lay them by the Heels that brought the Kings Writ The Council were awed that they durst not demand Justice So that the procuring of it suited most with his Design That his Witnesses had little contradicted what the Witnesses for the Commons had said That whereas it is said the Charge is not Treason if the Fact shall appear to their
Lordships satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the Subversion of the Laws of the Kingdom That is prest as Treason and this as an Evidence That for the second Commission it follows as the other if he procured the one he is guilty as if he procured both it being the same Power still THE Second Article The Charge THat shortly after the obtaining of the said Commission dated the 21st of March in the Eighth year of His Maiesties Reign to wit the last day of August then next following he the said Earl to bring His Maiesties Liege People into a dislike of His Maiesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the Administration of Iustice according to Law and in the presence of the Iustices sitting That some of the Iustices were all for Law and nothing would please them but Law but they should find That the Kings little Finger should be heavier than the Loyns of the Law WE are come now to the second Article touching words spoken of the King That the Kings little Finger should be heavier than the Loyns of the Law For that we desire to produce Witnesses and they will shew how my Lord of Strafford is mistaken in his Answer Or if he says true As he slanders the King in one sense so he slanders the Law in another Witnesses produced William Long Sworn and interrogated What words he heard my Lord of Strafford speak concerning the comparison between the Kings little Finger and the Loyns of the Law On what occasion Where and at what time Answered When Sir Thomas Leyton was Sheriff of York-shire 1632. as he takes it My Lord of Strafford being there he heard his Lordship say these words That some nothing would content but Law but they should know The Kings little Finger should be heavier than the Loyns of the Law And this was spoken in the place where the Judges sate in York-Castle at the Assizes that year The occasion he knew not but it was publickly spoken and as he thought my Lord did not then sit on the Bench but stood at the Barr. Sir Thomas Leyton was Sworn and being thick of hearing the Manager was directed by my Lord Steward to interrogate him to the effect aforesaid Who Answered My Lord said Some would not be satisfied but by Law but they should have Law enough for they should find the Kings little Finger to be heavier than the Loyns of the Law His Lordship being on the Bench then with the Judges at that time and abundance of the Country being there then at Lammas Assizes at the Castle-Bench And he thinks it was 1632. or 1633. but he knew not the occasion Marmaduke Potter having been examined as a preparatory Witness and since being deceased it was desired his Deposition might be read The Lord Steward declared That the Examinations of those preparatory Witnesses should be read in case any should be dead To prove Marmaduke Potter's death Thomas Harrison was Sworn Being interrogated what he knew concerning the death of Marmaduke Potter Answered That since his coming out of York-shire he heard a report from his Neighbours that M. P. is dead and buried That he the Deponent lived a Mile from the said Marmaduke Potter which is Ninescore and Ten Miles from this place but he heard no particular of the day of his burial The Examination of Marmaduke Potter Gent. taken Ianuary 1640. to the 10th and 11th Inter. He saith That about eight years since when Sir Thomas Leyton was Sheriff of York-shire he heard the Earl of Strafford make a Speech publickly at the Bench at Summer-Assizes and he said then That the Kings little Finger should be heavier than the Loyns of the Law I know not whether it were material for me to Answer this or no but as the Charge is laid it is impossible I should be guilty of the words For it is laid to be the last of August next following the 21st of March in the Eighth year of His Majesties Reign which falls out to be when I was in Ireland But I desire not to stand on such Niceties but that Truth may appear The words confessed in my Answer are quite contrary being That the little Finger of the Law was heavier than the Kings Loyns And that I set forth in my Answer and the occasion of them which these Witnesses do not or else will not remember The occasion was this There came divers Levies in the year when Sir Thomas Leyton was Sheriff for divers great sums of money for issues in the Knighting-business on some that had compounded and paid their money to me the Receiver of that money then and by me answered in the Exchequer yet these Issues came down through some Errour above and were levied with very great rigour by Sir Thomas Leyton When I came down I spake with Sir Thomas Leyton and shewed him how the men were injured and did desire him to return the money to them again and I would see him discharged in the Exchequer which he was contented to do And then to give satisfaction to the Country I told them That that Commission was a Commission of Grace and Favour and that their Compounding with the King was an ease to them and much greater ease than by a proceeding at Law would have fallen on them the very first Issues being three or four times more than they had compounded the whole for And thereupon I applyed that Speech That the little Finger of the Law was heavier than the Loyns of the King For if I should then have fallen to threaten them I had spoken contrary to the end I had proposed which was to incline them And further that not one of the Witnesses spoke any thing to the occasion of the Speech That it is long since and was never yet complained of and that man must have a stronger memory than I that will undertake to swear positively the very words spoken seven or eight years ago And under favour he ought to have better Ears than Sir Thomas Leyton who appears to have such an infirmity in hearing that he must now be whoopt to at the Barr before he can hear and sure his sense of hearing is much decayed else he could not have heard me speaking at that distance to the place where the Sheriff sits in an open place as far distant as from the Barr where I now stand to my Lord Steward or very near Dr. Duncombe being asked Whether he came accidentally to York that day and what he heard the words repeated to be He Answered He came from
he stood within little distance of my Lord when he spake the words and hath not been deaf above two months and two other Witnesses concur fully with him For Doctor Duncombe whether he be the man that laid Aspersions in the North on some Noble Lords I know not but his Testimony only is that he heard so from one that spake it at the Table not upon Oath and not knowing what use would be made of it And another Witness shall be produced that will speak to the occasion and that it was not the matter of Knighting-money Sir Thomas Leyton being asked how long he hath had this Infirmity in his hearing Answered That he got a great Cold since he came to Town and had this Imperfection since Christmas and had his hearing well before Being asked how far he sate from my Lord of Strafford He Answered Four yards off My Lord of Strafford desired it might be asked the Witness Whether he sate on the Seat where the Sheriff uses to fit he answered Affirmatively His Lordship excepted against his Testimony himself sitting where the President uses to sit betwixt my Lord Chief Baron and Mr. Justice Vernon And he Appealed to my Lord Chief Baron Whether the Presidents Seat and the Sheriffs Seat be not as far distant very near as far as from his Lordships then station to the Lord Steward But the Committee observed it not to be material that there should be any Geometrical measure but be three four five six or seven yards off Here the Committee offered other Witnesses but my Lord of Strafford desired their Lordships Judgment Whether they should not bring all together which the Lord Steward declared they might as to this Point Sir David Fowles being produced was excepted against My Lords He is no competent Witnesse he lying in the Fleet on a Sentence in the Star-Chamber at my Suit being fined for divers things he had said which concerned my self which depended on this in question and conducing to it He comes not at his own Request or Suit but in a Suit that concerns His Majesty and the Commonwealth and might offer the Presidents own Rule in the Case but that the Law speaks for him that a Witness ought to be heard in this Cause though there have been particular ill affections between them and your Lordships well know how to compare him with other Witnesses and to value him accordingly This hath been Resolved in the Case of Sir Pierce Crosby that he should be sworn and then value his Testimony as the Lords shall see Cause and this may be put into the same way Sir David Fowles being sworn the Lord Steward put them in mind of the former Caution that their Lordships would judge the value of his Testimony the Committee not admitting what was excepted against him he being not to obtain any thing for himself nor his own Interest concerned but produced for the King and Commonwealth and therefore an indifferent Witness in the Case And then being Interrogated touching the words of Comparison between the King 's little Finger and the Loins of the Law whether he heard them and the occasion Sir David Fowles answered He heard him say the very same words That there were some for Law and nothing but Law but the King 's little Finger should be heavier on them than the Loins of the Law The occasion he cannot well remember but there was some discontent taken by my Lord against him he being desired by a Messenger to levy Mony to mend a Bridge he told the Messenger He could not well do it of himself for there was a Statute as he took it 24 H. 8. that appoints four Commissioners to be at the doing of such Service and he being but One durst not undertake to do it Besides he said He must see an Order or Warrant from the Sessions else he could not do it and none was shewed Some other Exceptions he took to the unlawfulness of the business and the Messenger reported this to my Lord and that he conceived was the cause my Lord broke out so violently against him But being Interrogated on what occasion the words in question were spoken He answered Before my Lord went to Ireland he made a Speech to the whole County and desired them to go on in their Service and so brake out Some are all for Law but they shall find the Kings little Finger heavier on them than the Loins of the Law And this is all he can remember Sir William Ingram sworn and examined touching his knowledge of these words Answered That he was on the Bench at that time Sir Thomas Leyton was Sheriff and he heard my Lord speak these words Some of you are all for Law but you shall find that the King 's little Finger is heavier than the Loins of the Law but he doth not remember the occasion The main point I must insist on is That the very words if they had been spoken by me as they are laid concerning which I call God to witness I have spoken the truth and the occasion It is no Treason within the Statute And that being a point of Law I crave leave to reserve my self according to your Lordships Order that my Counsel in time fitting and proper may speak as concerning that in point of Law We shall close this Article the last thing mentioned by his Lordship was spoken to before as to the words we had five Witnesses express in the Point and therefore shall expect your Lordships Judgment in that And so the Court was adjourned The Fourth day Thursday March 25. 1641. THE Third Article The Charge THat the Realm of Ireland having béen time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and governed by the same Laws The said Earl being Lord-Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the Subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased And speaking of the Charters of former Kings of England made to that City He further then said That their Charters were nothing worth and did bind the King no further than he pleased I Humbly move your Lordship That since diverse things were spoken by the Witnesses Yesterday which
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
after my Lords coming into Ireland and before the Parliament and was the cause of the first Exception against him the said Sir Pierce Crosby for he reasoned it with his Lordship being at his own Table at Dinner there being then present and sitting next to him a Member of this Honourable House my Lord Castlehaven There were likewise my Lord Osmond and several others of the Council of Ireland The words were these That if he lived He would make an Act of State to be of equal Power with an Act of Parliament That he the Deponent thought his Lordship spoke it merrily and answered him in the same kind saying My Lord when you go about to do this I will believe some body will rise as an English Gentleman did in England and desire a Clause of Exception that it may not reach to himself his Kindred and Friends That my Lord of Strafford looked on him very earnestly and said He would take him whosoever he was and lay him by the heels That this was in Parliament time And he the Deponent would fain have qualified it but Parliament or not Parliament says my Lord Ireland is a Conquer'd Nation and the Conqueror should give the Law That he the said Sir Pierce Crosby Replyed My Lord then I beseech you give me leave I am one of those that must uphold an Act of State by all lawful ways having the Honour to be a Member of the Government though unworthy What will be alledged on the other part they will say an Act of Parliament attaints and restores Blood and doth many things an Act of State cannot reach to for it is confined within the limits of the Government That my Lord having not to Reply to this rose in some choller and told him the Deponent of something else he conceived he the Deponent had done amiss at Council-Board on a Statute that was in debate And so the Manager concluded the Article with thus much more The Article in the conclusion of it charges him with scorning the Government and Laws And it was desired their Lorships would take notice of what is proved out of these words and the concurrent proof Yesterday The Earl of Strafford begins his Defence saying First I must stand upon the truth of my Answer which must be good till it be denied so far as goes to matter of Misdemeanor I have not had time to examine Witnesses having not liberty till Friday last which I urge by way of excuse if my Answers give not full satisfaction Here is an Order of the House of Commons there whereby your Lordships may perceive how unlikely I am to have any thing from Ireland that may work to my Justification which was read and bears Date 25. February 1640. Authorising those undernamed to go aboard any Ships and seize search and break up all Trunks Chests and Cabins aboard To seize on all Silver and Gold except small Sums and all Debts Evidences and Writings as they shall think fit of him the said Earl of Strafford This his Lordship conceived to be a great Violation of the Peerage of the Kingdom For making good of his Answer his Lordship Alledged That the Council-Board of Ireland is a Court of Record which differs much from the Council-Board of England and that they proceed there by Bill Answer Examination Publication and all the formal courses of legal Proceedings That my care to preserve the Authority of the Deputy and Council is not a Subversion of the Laws Only it directs it and puts the execution of the Law another way That for Reasons of State it must be preserved being the place of Resort for Protection and Defence of the English Planters and Protestant Clergy I shall produce and acknowledge the Instructions made 22 Iac. and I shall read part that bounds the Council-Board particulary mentioned in the Reply to the Third Charge I desire a Book may be read a Book in the hands of Mr. Denham containing certain Answers given by the Lord Chichester to certain Complaints made against that State and written with Mr. Baron Denham's own hand which on debate was Resolved not to be read being written only for a private Remembrance I shall refer to my Lord Ranulagh's Deposition the other day to satisfie your Lordships touching the Proceedings at Council Table To prove the Council-Board to be a Court of Record Robert Lord Dillom being asked Whether before my Lord Strafford's time he had not known always during his memory the Deputy and Council in all causes of Plantation and the Church proceed by Petition Answer Examination of Witnesses Publication and Hearing as in other Courts of Equity and upon Oath He Answered That he remembers in my Lord Chichester's time of Government it was the practise of the Board so to do That he remembers it in my Lord Grandison's time that he had the Honour to be called to the Council-Board under my Lord Faulkland's Government and knew it then And it was in the Justices time that preceded my Lord Strafford's Government To have Petitions Examinations of Witnesses Publication a day of hearing granted and all ordinary Proceedings Being asked Whether at that Board they have not been punished who have disobeyed Proclamations and Acts of State before my Lord Strafford's time and how long He Answered That out of his Observation at Council-Table Acts of State were made because of the scarcity of Parliaments that they might be a Supplement to Acts of Parliament that he hath known before and when he sate at the Board on contempts of these Acts of State or Proclamations which he said he had heard the Judges say to be a kind of Law of the Land for the present the Parties were Attached brought to the Board and upon full Examination of the Cause and Proof of the Contempt sometimes Imprisoned sometimes Fined according to the Delinquency and Degree of the Offence supposed to be committed Being asked of Fines in Cases between Party and Party He Answered That he doth not remember any Fine imposed in a special Cause betwixt Party and Party Sir Adam Loftus being asked to the same purpose He Answered It hath ever been since his remembrance the constant Practise there in Causes of the Church and Plantation to proceed on Petition Answer c. and Fines imposed on Breakers of Publick Acts of State and Proclamations But he remembers not any Fines for Contempts in case of particular and private Interest We shall admit it to have Cognizance of matters of Plantation and Church and such as are recommended from the King to the Council here But not to be a Court of Record From these Proofs I infer That the Council-Board there hath another Constitution then here where it is only a Court of State I shall produce the Order made in my Lord of Corke's Case which I observe to be in the Case of the Church and so within the Cognizance of Deputy and Council The Order was read being signed by Sir Paul Davis
the Subject and yet they go on hand in hand and long may they do so long may they go in that Agreement and Harmony which they should have done hitherto and I trust shall be to the last not rising one above another in any kind but kept in their own wonted Channels For if they rise above these heights the one or the other they tear the Banks and overflow the fair Meads equally on one side and other And therefore I do and did allow and ever shall for my part desire they may be kept at that Agreement and perfect Harmony one with another that they may each watch for and not any way watch over the other And therefore this being a Care of the Prerogative as long as it goes not against the Common Law of the Land it is the Law of the Land and binds as long as it transgresses not the Fundamental Law of the Land being made provisionally for preventing of a Temporary Mischief before an Act of Parliament can give a Remedy And this Condition must be implyed That it must be binding provided it be according to the Law of the Land I instance in that Exception that King Iames would take when a man saies he will do a thing as far as he may with Conscience and Honour because in Persons of Conscience and Honour those words are always implied That the Wisdom of our Ancestors hath prevented this Mischief That for a mis-word a Peer of England should lose his Priviledge being as great as any Subjects that live under a King that is not a free Prince of the Empire And the Preamble of a Statute in Queen Elizabeths time the very bent whereof is to take away the dawning of words without any further Act which Preamble was read to their Lordships And so I conclude the words were unwisely spoken because they may be brought to a hard sense but not Criminal for none of them swear any thing done in breach of the Law I except against my Lord Kilmallock's swearing Sir George Ratcliffe to be my Eccho as if he knew my thoughts and against Mr. Hoy as a party concerned in Interest though not in name in a Suit that is or will be brought against me before your Lordships come to the end of the Charge I confess Mr. Waldron's Testimony makes me stagger being the only person could make me believe I said the words I except against Sir Pierce Crosbies Testimony having been formerly Sentenced in Star-Chamber and I know what Sir Pierce Crosby swore there and that I never Communed with him so far as to have such a Discourse as is mentioned in all my life To the Suit in the Castle-Chamber against the Earl of Corke on pretence of breaking an Order of Council-Table I conceive it had relation to an Order made in King Iames his time 20. March 11 Iac. which I desire may be read being now produced as also the Information there exhibited that so I may justifie my Answer in that point of it That the Suit was not upon that Act alone but for other matters also but that was admitted by the Committee And so the reading of them was waved To that Point of Mr. Waldron's Testimony touching the offering of a Lease to the Person concerned rendring the half value I conceive this Circumstance qualifies the words it being according to Law To demonstrate which the Statue was read That no Lease shall be granted upon which less is reserved to the Lessor during 21 years then the moiety of the Lands value And so his Lordship concluded his Defence and the Manager made Reply in substance as followeth That this Article proves my Lord of Strafford's Intention to subvert the Laws That the long time spent in maintaining the Jurisdiction of the Council-Board is the least part of the Article That though these words singly be admitted not to be Treason yet several words and actions must prove the general Charge of his endeavouring to subvert the Laws To the several Provisoes in that Act of Parliament mentioned by my Lord of Strafford concerning words we observe That the words Charged are only matter of Evidence to his general Intention of subverting the Laws And whereas he says they are not charged in time the Commons bring this as done long ago and continuing to this day if he were not prevented so they take him Flagrante Crimine To the Practise of the Council-Table before his time his Witnesses have proved their proceedings in Cases of the Church and Plantations But in other Cases we deny it for it is contrary to Law That admitting the extent given by the Instructions to Church-Causes though the Proclamation hath no such exception Yet it comes not to the Case of my Lord of Cork who claimed the thing in question as a Lay-Impropriation derived to the Crown by the Statute of Dissolution That my Lord of Strafford makes this Government Arbitrary in threatening the Earl of Cork to lay him by the heels if he went to Law whereas the Order gave him liberty That the Original Order in my Lord of Corke's Cause was drawn with these words put out concerning Gwyn's giving Security and that justifies my Lord of Cork's Testimony That notwithstanding my Lord of Strafford's justification of his words That neither Law nor Lawyers should question his Orders This is to assume an Arbitrary Power for if his Orders be legal the Law must justifie them if not question them That the words Of making an Act of State equal to an Act of Parliament are proved by my Lord of Corke and those spoken are a confirmation of those before and expresly within the Article The latter point thereof recites that he spake the words at other times This altogether justifie my Lord of Corke's Testimony though a single Witness and prove that my Lord of Strafford hath made it a habit to speak such words That they have one Witness more and that is my Lord of Strafford himself who says He never spake any thing but truth and said That he would make an Act of State equal to an Act of Parliament We desire that for the taking off the Aspersion cast on Sir Pierce Crosby my Lord of Castlehaven may be examined touching the words alledged to be spoken in his presence The Earl of Castlehaven being sworn and examined touching the said words Answered That it is a business past long ago and but a Table-discourse and he took not much notice of the Circumstances But as he remembers there fell a difference between my Lord of Strafford and Sir Pierce Crosby within three or four months after my Lords coming over and that as well as he can remember my Lord of Strafford did say That an Act of State was equal to an Act of Parliament but he remembers not the occasion That the Justice of the Order in my Lord of Corke's Cause is not material or whether within the Jurisdiction of the Council-Table the Charge being That upon such
and affirmed That he would dye before he would give the Deputy and General occasion to give him such a Rebuke Fifthly That for the nature of the offence It was conceived to contain a Calumny to the Lord Deputy and General insinuating the affront pretended in these words of my Lord Mountnorris's to be given to the said Kinsman and an Incitement to Revenge and that if the words had been spoken of the Person of the King it had amounted to High Treason which by some rules of Proportion might be applyed to His Deputy Sixthly That the words were spoken when the Lord Deputy had the Honour to be Apparelled with his own Robes of Majesty and Soveraignty when part of the Army was in motion and the Lord Deputy and General present Seventhly That the words were adjudged an apparent breach of the 21st Article of the Printed Orders and Laws for War dated the 13th of March 1633. whereby it is Ordered that no man shall give any disgraceful words of any person in the Army upon pain of Imprisonment publick Disarming c. And also of the 13th Article That no man-shall offer Violence or Contempt to his Commander or do any act or speak any words to breed mutiny in the Army or Impeach the obeying of the principal Officer upon pain of death Eighthly That according to the said Articles the Counsel do unanimously with one joynt consent not one of us of another Opinion adjudge the said Lord Mountnorris for his high and great Offence to be Imprisoned to stand from henceforth deprived of all his Places and Entertainments due which he holds in the Army To be Disarmed to be banished the Army and disabled from ever bearing Office And lastly to be Shot to death or lose his Head at the pleasure of the General Given at His Majesties Castle at Dublin December 12. 1635. Valentia Cromwell This Sentence of Death against a Peer was pronounced by Martial Law against the fundamental Rules of Law without Trial Answer or Hearing That though my Lord of Strafford owns it not yet he made relation of the Injury to His Majesty His Majesty did justly direct that my Lord of Strafford should have just reparation That my Lord of Strafford produceth the Witnesses refused to let my Lord Mountnorris Answer though he demanded the benefit of the Law owns it in his own Person for he said treading on our Foot and an Injury done to us And whereas some would have mitigated it and found him guilty of the first Article He himself pronounceth it both or none The whole proceeding was but half an hour no notice was given before-hand and my Lord Mountnorris checked for desiring to cross-examine My Lord Mountnorris produced as a Witness some Exceptions were taken against him by my Lord of Strafford but were over-ruled His Lordship being Sworn and being directed to declare the whole truth in this business Answered as followeth Upon the 11th of December 1635. I was warned by a Pursevant late at Evening to attend my Lord Deputy in the Council-Chamber at a Council of War next morning by Eight of the Clock Coming thither accordingly I found many of the Council and Captains of the Army and having conferred with several of the chief of them and with my Lord Valentia Cromwell and others they said they knew not for what that Council of War was summoned after a whiles stay my Lord Deputy came into the Room and sat down at the Boards end and commanded the rest to sit down where my self that had the Honour to be His Majesties Vice-Treasurer by His Grace and Goodness sate in my place After all were set my Lord Deputy exprest he had called that Court to do himself Right and Reparation against my Lord Mountnorris At those words I rose up from my place and humbly presented my self at the Boards end as the manner is near his Lordship who making some Speech about words uttered by me shortly after the preceding Parliament which was April 18. 1635. and the words spoken within three or four days after took a Paper in his hand and out of that read the words wherewith he charged me to the effect I conceive as they are mentioned in the Sentence After his Lordship had read them he demanded of me whether I would confess them or deny them I did humbly desire I might have the Charge in writing that I might Answer it by advice of Learned Counsel the words being charged to be spoken long before and it was hard to Answer them suddenly His Lordship Answered That was not the course of a Martial Court I must Answer directly I did several times desire I might have the Charge in writing and my Lord of Strafford answered in the same kind That I must Answer whether I would confess or deny them Two or Three of the Counsel of War spoke something also to that purpose as I remember the Lord Cromwell for one and Sir Ch. Coote and Sir Iohn Burlacy who intimated that the manner was I must confess them or deny them Standing a while silent my Lord Deputy said He thought they must proceed against me as a Mute for he will not Answer and therefore they must take them for granted I said over again what I had said before and desired I might have my Charge in writing and that I might have Advice of Counsel that I might be used as a Peer of the Realm and an Officer of the Crown and still his Lordship denied That must not be It was not the Order of a Martial Court I replyed and told the Lord Deputy I had seen it otherwise in a Martial Court in England between my Lord Reas and Ramzie where the Cause was debated by the Advocates in writing The Lord Deputy told me again That must not be I must Answer directly and hereupon the Lord Deputy caused His Majesties Letter dated the last of Iuly to be read and when that was read required me to make Answer I confess I was amazed at hearing of this Letter and was much grieved and with Humility and Grief expressed on my Knees what Sorrow it had wrought on me and that I had never willingly Offended His Majesty or His Laws And declared that I had been mis-represented to His Majesty and those Letters were got by mis-information and humbly desired a Copy of those Letters and the Charge that I might Answer by writing and that His Majesty might know my Answer before further Proceedings His Lordship upon that rebuked me with worse Language than was fit to be used to a meaner man and not a Peer that desired but Law and Justice The Lord Deputy told me I was not mis-represented to His Majesty for himself had represented me and that matter to His Majesty and he did not use to mis-represent any thing And then directly required me whether I would confess them or deny them If not he would prove them on Oath and thereupon my Lord Deputy called for my Lord Moore sitting
for him towards the upper end of the Table And there stood charged with several dis-respectful words spoken by him and the words mentioned in the Censure that was read were the words That he was charged to have spoken those words in breach of certain Articles by which the Army of Ireland was Governed the 13th and the 41st That there was much interlocution from my Lord Deputy to my Lord Mountnorris and returned from my Lord Mountnorris to my Lord the substance was That he was ready to give his Charge That he had violated those Articles That my Lord Mountnorris desired time to answer by Counsel and that he might have his Charge in writing That being not readily granted he insisted on it That he might have time to prepare his Answer but was told it was contrary to the form of that proceeding But whether that Objection of the form came from my Lord himself or from some other Member of the Board that I heard before named I cannot possibly say But thus stands the state of it my Lord Mountnorris neither confessing nor denying the Charge my Lord Deputy replyed Sir If you do neither confess nor deny the Charge how shall we proceed The Deputy called on the Lord Moore and said What shall we say to this business My Lord saith the Lord Moore what I can say is under my Hand That a little time after a Letter was read from the King whereby His Majesty was pleased to give direction to proceed in a Martial Court for Reparation and Honour of the Lord Deputy on the Complaint and Information given to the King That my Lord Mountnorris instantly fell on his Knees expressing a great deal of Grief and Sorrow and in truth Passion and had not much to say for himself and soon after was bid to withdraw and being withdrawn my Lord Deputy said That as he had complained to the King so he would expect that Honour from the Board That his Cause should be taken into consideration and such Redress given as was fit He demanded Justice according to the Articles insisted on And having declared it there was a silence amongst us for some time That he was the first that brake that silence and in as humble manner and terms as he could light upon did humbly desire my Lord Deputy to give him leave to ask whether he would give leave to wave either of those Articles but my Lord said he would demand Justice on both That this being so there was some Interlocution of discourse among the Council and in truth he thinks that he was one of the first that said that these Articles and the words cannot bear so good a construction but that there may be some danger of a breach upon these Articles Being asked whether the words were not represented to the Council of War in a Paper written and the Testimony given in pursuance of that Paper He Answered That as he remembers my Lord Moore having made a return to my Lord Deputy My Lord What I can say your Lordship hath under my hand he thinks my Lord Deputy said My Lord if you deny it I have it under your hand to shew And thereupon as he remembers the Clerk of the Council standing by had direction to draw up some Interrogatories which my Lord Moore did acknowledge and Sir Robert Loftus too did affirm that they were spoken by my Lord Mountnorris as much as was mentioned in the Paper Being asked how many Companies of the Army were then in Town how many in a Company and whether they were exercised in a more than ordinary Training and how many Companies the Army consists of He Answered That he thinks the Horse-Troops were 40 or 50 at the most some my Lords own The Foot-Companies were 50. And of those Companies there were he takes it two Horse-Troops besides my Lord 's own Troop and four Foot-Companies they were called up to guard and attend our Occasions in Parliament and they did their Duties as Souldiers every day as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw and there are forty Companies of the old standing Army Being asked on my Lord of Straffords Motion Whether my Lord of Strafford did not declare he would not give Judgment in the Cause but Appeal to them as a Suitor for Reparation He Answered That my Lord of Strafford held them to the Point of the Articles demanding Justice on the Articles that he said sometimes he would depend on our Judgment in it and yet he would hold us to the Point of the Articles And further that if there were not a necessity of his being there he would have withdrawn too But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation but he held them to the Point of the Articles Being asked on my Lord of Strafford's Motion Whether he did not tell my Lord Mountnorris when he went out of the Room that he would not speak a word till he came into the Room again and whether he did not do it accordingly and whether he sate bare all the while as a Party and not as a Judge In answer he desired leave to offer to their Lordships that he acquainted their Lordships before that as soon as my Lord Mountnorris was withdrawn my Lord did declare what he the Lord Renula had formerly said But after the Council fell into debate of it he spake not a word nor gave any interruption And he cannot positively say that he sate bare all the while Being asked Whether this was not in the time of full Peace and whether any Rebels or Enemies were in the Kingdom He Answered Certainly it was a time of very full and happy Peace To prove that in discourse concerning this Sentence my Lord said afterwards He would not lose the Honour or Share of it The Earl of Cork being asked to that purpose Answered That all he can remember is that the Sentence was publickly read in the Star-Chamber and my Lord said He would not lose his Share in the Honour of it but he cannot remember the day Lord Viscount Dillon asked to that purpose Answered That he happened to be in the Star-Chamber that day by my Lord of Strafford's Command and carried the Sword that day That the reading of the Sentence he remembers not but the words he heard That the Sentence given against my Lord Mountnorris by the Council of War was a noble and just Sentence and for his part he would not lose his share of the Honour of it The Commons proceeded to that part of the Charge which concerns the execution of another man by Martial Law William Castigatt sworn being asked several questions touching that part particularly Whether he knew one executed by Martial Law and by whom c. He Answered Yes his name was Thomas Denewitt and it was last Summer was two years that he was on the Green when he was
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
of an Arbitrary Power of Jurisdiction in a case of Land without any former President wherein if he be justifiable he may as well riding on the High-way determine any mans Estate and added That if my Lord of Strafford insist on this they shall prove it not only in this but in twenty more of this condition on the Reply My Lord of Strafford desiring they might bring their Proofs at once The Manager Answered That they should prove an Act of the same Nature but of a higher strain concerning a Peer of the Realm for he chased such Lions But my Lord of Strafford desiring they might be kept to that within the Charge His Lordship began his Defence in substance as followeth I confess I am Charged with Treason by the Honourable House of Commons and that is my greatest grief for if it were not an Arrow sent out of that Quiver it would not be so heavy as it is but as it comes from them it pierces my heart through not with Guilt yet with Grief that in my Grey hairs I should be mis-understood by the Companions of my Youth with whom I have formerly spent so much time If the Decree be just as it is most just I hope it will go very far in the Case That whereas it is said it was against a Peer Justice excepts not persons and I know no Priviledge Peers have in point of possession of Land above common persons The Act of Parliament read the other day against which it is supposed to be made I conceive it to be the Statute in H. 6. time and desire your Lordships to remember that by the last words the King's Prerogative is saved I have done nothing contrary to the Instructions in King Iames his time nor the Proclamation nor any thing but according to the Power of former Deputies I acknowledge my Answer is mistaken in saying the Cause depended formerly in the Chancery which was not out of cunning but a meer failing of memory I desire my Commission may be read whereby it will appear I had Power to do that for which I am now questioned The Commission was read whereby he had Authority to proceed Secundum consuetudines terrae c. From whence he observed That having so great a Power the receiving of a Petition and giving Relief to a poor body should not be so great a fault being at the most but the exceeding of a Jurisdiction but by no Construction can be made Treason That yet this is no exceeding of a Jurisdiction but was a Power always in the Deputies before his time and warranted To prove it he produced the printed Instructions whereby the Deputy and Council-Table are forbid to meddle with common businesses within Cognizance of ordinary Courts nor alter possession of Land nor make private Orders or Hearings nor make Injunctions for staying Suits in any Civil Cause Which shews that that course was in practise before the Instructions took it away viz. to alter Possessions to grant Injunctions c. To prove by Witnesses that this Power was always exercised by the Deputy in the nature of a Court of Requests in England He offered my Lord Primate of Armagh his Deposition being taken by reason of his sickness by vertue of an Order of their Lordships but for that the Commons had liberty by that Order to cross-examine and yet had no notice thereof or of the Depositions so taken the using of these Depositions was waved after much debate till the next day in the mean time the Commons may cross-examine Henry Dillon asked Whether Petitions have been usually preferred to the Deputies and in how many Governors time he hath known it to be so That these Paper-Petitions have been preferred He Answered His Father had a Lease during his own life and his Wives and the longer liver of them and fifteen years after to his Executors and Administrators which he the said Henry Dillon being come to full age enquired into and looking upon his Fathers Evidences he found a business there depending between Sir Patrick Plaintiff and his Father Defendant before my Lord Chichester in the time of his Government and he found several Orders under my Lord Chichesters Hand in that Cause that he being Executor to Maurice Fitzgerard and having occasion to peruse his Writings to see what Debts were due to him he found among them several Orders of my Lord Grandison's time one Petition of Fitzgerard as well for Debts as for Land That in the time of my Lord Faulkland he observed and hath seen several Orders made by his Lordship and one made on behalf of his Sister Mary Dillon for a Portion paid by his Father and he recovered the portion and received the Money That in the time of my Lord of Corke and Lord of Elyes being Governors there was a Petition preferred against him by my Lord of Longford for a Horse taken by him the said Henry Dillon as Sheriff of the County of Longford pretending it to be a stray and belonging to His Majesty and triable as he conceived in the Exchequer and that he did appear but my Lord of Longford died before Examination Being asked Whether the Causes were before the Deputy alone or the Deputy and Council He Answered That in the time of my Lord Chichester he knows not whether they were before the Deputy alone but he found only my Lord Chichester's Hand to the Orders In my Lord Grandison's time he saw his Hand only but where the Causes depended he knows not But that in my Lord Faulkland's time was only by my Lord-Deputy That of my Lord Corkes and Lord of Elyes he remembers not whether it was before their Lordships and the Council but the way he was called to Answer was by Pursevant before he had notice of the Suit Being asked Whether Examinations were taken He Answered That in the Case of his Sister he conceives there were Examinations taken upon Oath And that in the Cause before my Lord of Corke and Lord of Ely the Attachment was under the Hands of the two Lords Justices alone Being asked on the Managers motion Whether he hath any of those Orders to shew He Answered He knows not whether those in my Lord Chichester's time were delivered to my Lord Dun on composing the Difference or in his Custody Robert Lord Dillon was asked What he heard my Lord Grandison say in maintenance of this Judicature by my Lord-Deputy alone He Answered That he heard my Lord Grandison himself say nothing of it but he heard by others that he pretended to it as a Judicature belōnging to the Sword Being asked what he hath known of the practice of this Court before the Lord Deputy alone before how many Deputies and upon what occasions He Answered That he hath seen divers Orders of Deputies or Petitions singly signed by themselves and no other hand but the Deputies Being asked in how many Deputies times He Answered That he hath seen of my Lord Faulklands
of Strafford to have the Order performed and why should he be so earnest if he had not had some game to play afterwards If the Conveyance had not been to his own use my Lord of Strafford would have provided his Testimony It being proved in whose name it was and both they affirm it to be for the use of my Lord of Strafford Mr. Hoy being asked whether the Counsellor who told him how the Votes passed was my Lord Mountnorris or no He Answered That Sir Iames Erskyn since dead gave him a Note of the Names And that the Lord Arch-Bishop of Dublin told him presently after the Vote went on his Mothers side Mr. Palmer observed That the Lord of Strafford draws an Argument that because there was no complaint of the Order therefore there was no mistake and desired Mr. Hoy might be asked why he made no complaint Mr. Hoy being accordingly asked Answered That he was ready to come for England and to take Ship and that Evening he went to the Master of the Court of Wards to take his leave of him and to acquaint him with his going That Sir Paul Davis being there he and the Master of the Wards desired him to walk into the Study and perswaded him against his going telling him of my Lord Deputies great Power and that he might as well run his head against a Rock as have any Remedy against my Lord Strafford as the times go now and this was very soon after the Decree and as he conceives between it and Christmas following Being asked whether Sir Paul Davis shewed him the Order and whether it was interlined and by whose hand He Answered That he was at the Clerk of the Council to have got a Copy of the Order and saw the Order interlined with a strange hand and asking whose it was Sir Paul told him it was my Lord Deputies Here my Lord of Strafford observed that it is very ordinary for the Clerk of the Council to bring Orders to the Deputy who if he sees cause mends them Sir Dillon being asked whether any that Voted in my Lady Hybbots Case did tell him which way the major part of the Votes in my Lady Hybbots Case went He Answered That a little before his coming out of Ireland speaking of the Charge against my Lord of Strafford and particularly of this Cause one or two of the Privy-Council said publickly The major part of the Council was for my Lady Hybbots To this last part my Lord of Strafford answered with a desire that the Witness might be asked whether Justice Parsons be not Father-in-Law to Mr. Hoy And that this was since his my Lord of Straffords questioning And so the 8th Article was concluded being his Exercise of an Arbitrary Power over the Estates of His Majesties Subjects though they have divers other Instances as in the Case of the Earl of Ely and my Lord of Killdare the prime Earl of that Kingdom THE Ninth Article The Charge THat the said Earl of Strafford the sixtéenth day of February in the Twelfth year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Downe and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to Attach and Arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all Lawful Decrées Sentences and Orders issued imposed or given out against them and them to Commit and kéep in the next Goal until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect MR. Glyn opened the Ninth Article charging my Lord of Strafford with assuming of a Power above Law in granting of a general Warrant to the Bishop of Downe and Conner to attach such persons of the meaner sort as should not appear on their Citation to apprehend their Bodies and bring them before the Council an Act so high that higher could not be unless it extended to Life as my Lord Mountnorris his Case to grant a Warrant at pleasure contrary to Law to apprehend the Bodies of His Majesties Subjects that live under the protection of the Law which if it be made good will be of great might and prove the Charge fully A Copy of the Warrant being produced my Lord of Strafford excepted against it as not to be read by the proceedings of the Court being not the Original To which the Council at the Bar answered That that 's the way to shelter any Crime if none but the Original Warrants in such Cases should be admitted it being no Record that they may repair to it And their Lordships being desired that a Witness might be heard what he can say for the attesting of it after which it will be proper for their Lordships to judge of the Copy Sir Iames Mountgomery Sworn and asked whether he saw the Original Warrant and whether this be a true Copy He Answered He can depose that he hath seen the Original Warrant and read it and that the Bishop of Derry did shew it himself That this Copy he believes both in matter and words to be a true Copy for he hath another Copy agreeing with this and that he knows this Warrant hath been put in Execution many times and he himself hath been charged to assist them that have put it in Execution by virtue of this Warrant Thereupon the Warrant was read being in effect as followeth By the Lord Deputy FOrasmuch as We have been informed by the Right Reverend Father in God the Lord Bishop of Downe and Conner that the most frequent Offences against God and the greatest Contempts against the Ecclesiastical Jurisdiction are Committed by the meaner and poorer sort of People in that Diocess whose faults for the most part escape unpunished by reason the Writ de Excommunicato Capiendo is so long before it can be sued forth and executed on them that they remove to other parts and cannot be found or if they be taken their Poverty is such that they cannot satisfie the Sheriff and other Officers Fees due for taking them on that Writ whereby the Officers become negligent and backward of doing their Duties We therefore desiring the suppression of Sin and Reformation of Manners have thought fit to strengthen the Ecclesiastical Authority of the said Right Reverend Father in God the Lord Bishop of Downe and Conner with our Secular Power and do therefore hereby give Power and Authority to the said Lord Bishop his Chancellor or Chancellors by their several Officers
disproving me he may hurt me That therefore it befits me to do as well as I can for my self in this case yet not to take it amiss from the Gentleman who doth but his duty Finally I conceive it not Treason in me to follow the President and Practice of those which have gone before me which though it be not altogether so Legal yet I hope it is not Treasonable Nor is it Treason to mistake the Law if it should there would be more actions of Treason than Trespass in Westminster-hall for I think few understand it I do not I am sure And so I hope this shall never rise up in Judgment against me in its self or as a concurrent Argument towards Treason Mr. Glyn replied in substance as followeth What my Lord of Strafford is charged with he confesses to be an Authority above Law and that it is not justifiable Yet he would justifie it by the practice of his Predecessors wherein the examination of my Lord Primate offered for Proof thereof aggravates the Offence the Warrant therein mentioned being procured at the Request of the Papists and perhaps it might be so now but the Protestants have been Oppressed by it That was to save the charge of a Capias Excommunicatum which was the Process issued upon Excommunication but by this Warrant they must be taken on the Citation down-right Club-Law having in similitude the Civil Law That his own Secretary that made the Warrant and is as guilty as himself tells of a President according to which he made this Therefore the Copy produced is a true Copy else he says not truth That whereas his Lordship says it is a single Act and as soon as he had notice of the Illegality of it he recalled it and therefore it should not be laid to his Charge Indeed if it were a single Act this Answer might be taken but when in the case of my Lord of Corke his Inheritance was to be determined and desired the benefit of the Law did my Lord of Strafford suffer the course of Law to go on Now when he is pleased to make an excuse for himself he calls it in but when in matter of Life and Inheritance concerning Peers Right is demanded he denies it If this single Act be compared with other Exorbitant Proceedings we refer it to Your Lordships Wisdom and Justice whether it be not a strong Evidence to prove his subverting of the Laws After some discourse touching their proceeding on with the 10th Article for that the same would hold long the day far spent and my Lord Cottington and Sir Arthur Ingram material Witnesses for My Lord of Strafford as he alledged were absent for whose Examination his Lordship desired a Commission Their Lordships Adjourned the House The Ninth day Wednesday March 31. 1641. THE Tenth Article The Charge THat the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandise Exported out and Imported into that Realm to be Farmed to his own use And in the Ninth year of His now Maiesties Reign he having then Interest in the said Customs to advance his own gain and lucre did cause and procure the Native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wool at Chirtéen shillings four pence though the same were really worth but five shillings at the utmost nine shillings by which means the Custom which before was but a Twentieth part of the true value of the Commodity was Enhanced sometimes a Fifth part and sometimes to a Fourth and sometimes to a Third part of the true value to the great Oppression of the Subjects and Decay of Merchandise MR. Maynard proceeded to the 10th Article saying They had shewed what my Lord meant to do what he threatned what he did concerning the Lives of His Majesties Subjects what advantages he found to order their Tongues to cut off their Heads but he rested not there Their Lordships have heard how he Executed one without Law The subsequent Articles were under colour of Law to take away the Subjects Lands to distribute them in a way of Justice and yet they come to his own profit Now the 10th Article charges him that he did procure to Farm to his own use the Customs of Ireland that he inhanced those Customs procured a Book of Rates to be made and Goods valued Treble to the worth of the Commodity instancing in two particulars Wools worth 5 s. the Stone or at most Nine rated up to 13 s. 4 d. and a Hyde valued at 20 s. which was in truth worth but 5 s. That these High values were put upon them to increase the Customs That my Lord of Strafford in his Answer pretends it not to be done for his own benefit but for the advantage of His Majesty and gives some Colours which are left to himself to open and prove That they shall prove the Fact to be done for his own advantage to the great deceit and disadvantage of His Majesty The Case was stated thus His Majesty King Iames did in the 16th year of his Reign Lease to the Duke of Buckingham the Customs of Ireland for 10 years In which Lease there were Exceptions and Agreements of Defalcations as the Custom of Wines which were Leased to my Lord Carlisle at the Rent of 1400 l. per annum to the Crown and on this Lease was reserved 6000 l. a year Rent and half the clear profits above the Rent which half did amount to 3700 l. a year There was a second Lease made to the Dutchess of Buckingham being in the time of 7 Car. who was to have a certain sum out of the Lease but the profit was for my Lord of Strafford and his Partners Mr. Maynard observed the difference of the two Leases and shewed that it was not only a bargain of loss to His Majesty of what he had but also a bargain by way of advancement of that which was not by inhancing the values Which he demonstrated thus The King out of the first Lease to the Duke 6000 l. and 3700 l. that is 9700 l. by the latter Lease 11050 l. so at first view 1350 l. gain besides the Fine pretended to be paid But in lieu thereof the Lease to my Lord of Carlisle was procured to be surrendred upon which the King had 1400 l a year Rent before the Dutchess that is now my Lord of Straffords Lease was Sealed which 1400 l. a year is not reserved in the said latter Lease the surrender being 21 Mar. the Demise 24 Mar. So that 1400 l. a year is swept away by my Lord of Strafford instead of the 1350 l. by way of advance Besides the surplusage of the profit of the Farm of Wines Demised to my
for Receipt thereof c. To prove Execution of it Benjamin Croky Sworn was Interrogated Whether he by vertue hereof hath Seized any Yarn and how much and how it was disposed of He Answered That his Deputy did Seize Yarn and it was taken from him by means of Ioseph Carpenter the Steward who received the Yarn into his Custody and converted it into my Lords Loomes He doth not know what quantities but it was a great parcel And he thinks it was to Carpenters use but most part of it unto my Lords Further this Steward did employ Iohn Townesend to buy Yarn contrary to the Proclamation He also imployed others to Buy some for my Lords use and his own This he knowes Sir Iohn Clotworthy Interrogated What he hath known done in Execution of these Commands being a Justice of Peace He Answered That he had formerly heard of this Proclamation and another Dated in May concerning the Yarn business That there was this same or the Copy of this same Warrant under my Lord Deputies Hand brought to him being a Justice of Peace and he required to give Assistance in it That he sent for the People that had been Distressed in the business and likewise the Party employed by this Crooky and one White named in the Proclamation to know by what Authority they put this in Execution Thereupon they produced both the Proclamation and this Warrant That he conceived there was an Extrajudicial proceeding in it and therefore took Examination of it and found in the putting of the thing in Execution That whereas there was a Clause in the Proclamation They should Seize on all Yarne that was not an Hundred Threads every Skean and should Seize on it when they found it short of this That having taken the Examinations he sent them up to my Lord Deputy they being now out of his head with a Letter Declaring the Abuse of the Business That he heard nothing in Return of the Business but was Severely Threatned and received a Letter from Mr. Secretary Little then my Lord Lieutenants Secretary That it was very ill taken that he interposed in any thing wherein my Lord was concerned And my Lord Rainalaugh had much adoe to keep off a Serjeant at Armes to be sent for him My Lord of Strafford desired the Letter might be shown But Sir Iohn Answered That it was Written four or five years agoe and he did not keep it but if Mr. Secretary Little be Interrogated he doubts not but he will Acknowledge it Lord Rainalaugh being Interrogated to the same effect He Answered It is true he was at Dublin when some Information had been given of Sir Iohn Clotworthy for something had been done in the Yarne business and that he apply'd himself to Sir George Ratcliffe to desire him to preserve Sir George from an ill Office and Sir George moved in it accordingly so that Sir Iohn escaped trouble at that time For the Execution of the Warrant about the Flax that he knows is this White or his Fellow or one of them he knows not whether but he coming to the Fair of Athlone where the Lord Rainalaughs Residence is gave a Deputation to Iohn Dennis a Soldier of my Lord Wilmots and that within little time after several Complaints were brought to him as well by some of the Townsmen of Athlone or divers of the Countrey that this Dennis had seized on a great deal of Yarne in the Shops in the Town and abroad in the Countrey That he sent for the Soldier and Asked him By what Authority he did so who thereupon shewed the Proclamation a Warrant from my Lord Deputy and such a kind of Warrant as this whether a Warrant or a Copy he cannot say That he Examined what proportion of Yarn he had taken and he told the Lord Rainalaugh he had as much as a Cart could carry Asking him what he would do with it the said Dennis answered He would carry it to Dublin And he asking him farther What he would do with it there He told him the Lord Rainalaugh he had direction to deliver it to Mr. Carpenter my Lord Deputies Steward That he the Lord Rainalaugh medled not with it but thereupon posted a Gentleman to Dublin that had ready Access to the Deputy and told him the Complaints and this abuse by Execution of that Warrant and that though it was not agreeable to my Lord of Straffords intentions he conceived to have them used he thought fit to Represent them Thereupon He the Lord Rainalaugh went to Dublin Sir Iohn Clotworthy being Interrogated what he knows about breaking open of Chests for finding of Flax or any thing of that Nature He Answered That as it hath been laid open immediately on the Issuing of these Proclamations and these Mens going abroad The Markets were deserted and little came to the Markets at all though it were the most Native Commodity of the Kingdom and paid most part of the May-Rents For it is That the Women work on all the Winter-Season And when the Markets were deserted people were fain to bring their Yarn into houses and sell it under shelter where they might not be seen nor these Fellows Seize on it That thereupon these Men would come to Justices of Peace and Officers and they came to Sir Iohn himself and though he would not assist they would threaten the Constables and break open Chests and thereupon he the said Sir Iohn Clotworthy took away Yarn from them and restored it to the Proprietors This was done in the Town and County of Antrim that he cannot tell how long it is since but it was in pursuance of this Proclamation and Warrant Being Asked Whether the People were not ready to rise in Tumults and Uproares where these were Executed He Answered That it made very great Disorder and great Reason for it for they took away all they had provided for their Half years Rent and many people even Multitudes starved Lord Rainalaugh being Interrogated the time Answered He could not tell the certain time but my Lord of Strafford did withdraw it himself Patrick Gough being Interrogated Where he had the Remonstrance of the House of Commons He Answered It was delivered him the 25 th of February in the Commons House of Parliament in Ireland the whole House Sitting to be transmitted to the Committee for Irish Affaires here with many other things Which Remonstrance was Read being in effect the most Lamentable Complaint of the Knights Citizens and Burgesses chosen for the Provinces of Conaught and Ulster touching that most Cruel Extortion or rather Robbery committed by a Company of Pursivants sent abroad to Seize Yarne by Colour of divers Proclamations by the Lord Deputy Ianuary and May 1636. I. THe said Pursivants came into all the Publick Markets and seized on all the Linnen-Yarne and Clothing by which the Markets were destroyed II. The Merchant was forced to meet the People at their private Houses which they understanding
way-layed the People and took away their Yarne and Cloth and seized on what the Merchants had bought III. When any came to the Markets they went to the Houses of poor people and took up the Hutches where their Cloth lay and seized on all leaving not so much as to cover their Nakedness IV. They took away all the poor peoples Iron Pots on pretence of another Proclamation so that on this great Cruelty which exceeded Pharoes the poor Children were forced to go into the Fields to eat Grass with the Beasts of the Field where they lay down and died by Thousands If it be deny'd it will be proved by Twenty Thousand and the Iudges of Assize c. procured my Lord Lieutenant to Recall all the foresaid Proclamations Mr. Fitzgarret being Interrogated as to the Value of this Commodity to the Kingdom of Ireland He Answered That he hath known the Province of Ulster and had occasion to converse with the best of it for 24 years last past That he was for 8 years imployed in the Circuit for these parts and observed the Natives made a very great Commodity of Yarne and Linnen-Cloth That he may safely call it the Staple-Commodity of that part of the Kingdom That the Merchants buying their Yarne and transporting it to Lancaster it was a very great Commodity and many lived on it That the Proclamation and Execution of it as he was informed by a man of very good rank Impoverished the whole Province especially the Irish Natives of whom few have Lands or Estates but live as Tenants and the Lands there not yielding Wheat or Barley in abundance as other Countries they convert the best Lands to the sowing of Flax and make a very great Commodity of it That he had continual conference especially in Term-time with the best in those parts and especially Mr. Robert Braithwait Agent for my Lord of Essex and Dr. Cook of whose two Towns one is supported by this Commodity and Dr. Cook said there hath been a hundred pounds worth of Yarn in a day sold and bought in that place and by this means the Markets are wasted the People impoverished and that he the said Dr. Cook thinks in his Conscience many thousands are famished by the scarcity of Money that ensued on the seizing of this and the extremity was such that one of the Deputies of those mens authorising went into the house of a Scotchman in the parts of Ulster himself being in England or Scotland would open the Chests and used such cruelty that they thrust a stick into the Womans throat and she died of it and the man was tried for it as he was informed And so Mr. Maynard concluded the Charge supposing it to be sufficiently proved After a little respite my Lord of Strafford made his defence in substance as followeth That in this Charge he hears something tending to Oppression but nothing at all towards Treason for which he is only to answer That the intention of these Proclamations touching Yarn was certainly very good and he thinks the power very lawfully executed being but temporary to take away an abuse and make it better for the Common-wealth That he conceives not how these Proclamations should be particularly laid on him for he hath very good company goes along with him being set out by the Deputies and Council and affixed to them the Hands of my Lord Loftus the Lord Primate the Archbishop of Dublin Earl of Ormond Lord Dillon Sir Adam Loftus the two Chief Justices and others That he had rather answer all than impute any thing to any body else but he believes their Lordships will conceive he is not particularly answerable for things done by the advice of the Council as for the best That he conceives they had power to issue these Proclamations as in other things was frequent as in Drawing by the Horse tail burning the Straw and so taking the Corn from it to bring them from these Irish Customs to the English Manners So in this that their winding of Thread might be brought off with more conveniency as being of so much more value for the unwinding was as much trouble as the thing was worth so that the authority was lawful and well executed in the granting of it He craved leave to tell their Lordships wherefore it was being desirous to regulate this business more than any other thing whatsoever And it was out of that Duty and Service he did and ever should owe to the English Nation however for the present he may not be thought one he had those affections and shall have to his death to wish the Kingdom all prosperity and happiness in all the parts of it That at his coming over he did observe the Wooll of that Kingdom did increase very much that if it should there be wrought into Cloth it would be a very great prejudice in time to the Clothing trade of England and therefore he was willing as much as he might lawfully and fairly to discourage that Trade That on the other side he was desirous to set up the trade of Linnen cloth which would be beneficial there and not prejudice the trade of England But it was extreamly to his loss for he says he lost 3000 l. and the Stewards Chamber being searched and it appearing so the Accounts were delivered back again so that he conceives they had lawful power so to do till a Law might make it more certain and setled and then he is answerable for nothing in all the rest because the execution was nothing to him and the abuses of the Officers he is not to answer for of whom Croky was the principal Executor and if there was an Offender he is the greatest Offender himself and my Lord Rainalaugh tells their Lordships plainly and truly that upon complaint of the ill execution of it it was absolutely recalled and that within two years so if it were a fault he was not incorrigible but willing to amend it on the first notice For the Warrant there is nothing proved of any thing amiss in him but it goes only to second the Proclamation and that there should be assistance in the due and just execution of it only it says the Yarn shall be brought to Dublin there to be disposed of as he should direct but there is no proof of any brought to him only my Lord Rainalaugh mentions a Cart-load brought to Dublin as the fellow told him and Croky says some was brought to Dublin but he knows not how much and it was converted partly to his use partly to Carpenters but he is a single witness whereas my Lord Rainalaugh says there was taken at Athlone as he was told a Cart-load of Yarn and Sir Iohn Clotworthy says they starved by multitudes in Ulster my Lord of Strafford said he could not conceive how so little a quantity taken in Conaught should be an occasion of starving multitudes in Ulster nor the small quantities taken by Croky but if there were so
should think fit according to the demerit of the Delinquents and to be kept there until they made submission and then to return and not before And the like Warrants were issued to others and to the Subjects of that Realm who were forced to submit to his illegal Commands and this is charged to be a levying of War against the King and his People Your Lordships may please to remember what a Power my Lord of Strafford had assumed to himself from the Courts of Justice established by Law in taking to himself an Arbitrary Power to determine Causes on Petitions and that without any legal Process And he intended to himself an execution of these Orders in this manner If a Petition was presented First a signification went to the Party that he should satisfie the complaint else shew cause if he did not appear then there went a Messenger or Pursivant on his Affidavit that the Party was not found as well he might not be found then an Attachment after that the Sergeant at Arms. This Sergeant at Arms had always with him a Warrant dormant not a particular Warrant in the Case complained of that whensoever he should have an Order to fetch any man in if once he had made Affidavit he could not be found he was by virtue of that Warrant to repair to the next Garrison and there to take such numbers of Soldiers as he thought fit and quarter them on the House of the Party and this was as ordinarily executed as any powers of Law in legal Cases In the execution of this the Party suffered as much insolencie as is incident to War their Catel taken their Corn thrash'd out their growing Corn cut their Houses burnt and some exiled and forced to leave their Countrey and flie to remote places by reason of their Soldiers insolencies The method propounded is First to prove the Fact then to observe the nature of the offence both from the Stat. of 25. Edw. 3. and also from a particular Stat. in Ireland 18 H. 6. whereby the Offendor in this very case is adjudged to be a Traytor Mr. Savil the Sergeant at Arms produced and sworn and a Copy of his Warrant offered My Lord of Strafford excepted against the reading of the Copy in a Charge of High Treason adding that it concerned him very much he being to be tryed for his Life and Honor since upon this the whole Charge was to be grounded On other things he did not insist so much but submitted to their Lordships pleasure because they said they would consider them in their Judgement but this being the ground and foundation whereupon they intend to charge him with High Treason he besought their Lordships to consider it with that Honor and Goodness and Justice they did in all things Mr. Glyn in Answer alledged that their Lordships had over-ruled it in the Case of the Bishop of Down That suppose a Warrant is offered by force whereby High Treason is committed if a Copy may not be given in evidence then let him that is guilty in such a Case get away the Originals it cleares him of the Treason besides it is no matter of Record and Mr. Maynard observed That if one writes a Letter and therein commands one to commit Treason if the Letter be burnt this man shall not prove the Command if only the Original must make it good Mr. Savill being asked what was become of the Original Warrant He answered it was in Ireland he not expecting any question about this business but this was the Copy of it and under his own hand My Lord of Strafford offered to their Lordships that he that is to swear it to be a true Copy is the man that if a fault be committed is in fault himself as much as any for he is the man that executed this Treason and now he shall swear to the justifying of his own act Mr. Savill being on my Lord of Clares Motion Asked How they came by the Copy He Answered He knew not how it came into their hands But Mr. Palmer added Now he sees it in our hands and he knows it And that this Copy cannot be questioned unless he question what is done already for in this very Case a Copy is allowed to be an Evidence for the Relation it hath to the greatness of the Charge as to my Lord of Strafford and it cannot alter the Justice of the Evidence for if it be an Evidence it is an Evidence in whatsoever the Cause is Mr. Savill being Asked How he came to set his hand to the VVarrant He Answered That in Ianuary last there came to him one VVilliam Somer Secretary to my Lord Rainalaugh and told him Mr. Sergeant Savill you had a Warrant to Quarter Soldiers on one within the Town of Athlone but the parties were Friends and you removed them one of those Soldiers committing Extortion in taking away two Pewter Dishes and is to be Tried at our next sitting and unless the Soldier have a Copy of your Warrant he is like to suffer in it That he thereupon Answered He could not deny it and brought the Original Warrant and being a good Clerk he bad him Copy it out He sayes he desired you to let some of your own Men do it and I will give him for his pains That he the said Mr. Savill did thereupon deliver the Original Warrant to his Servant Edmond Brumingham as he remembers who Copied it out That Mr. Somer came and told him Here is a Copy That he asked Mr. Somer Whether he had examined it Yes indeed saith he it is a true Copy That upon that he the said Mr. Savill delivered this to Mr. Somer under his Hand but did not compare it himself yet is confident it is a True Copy Mr. Maynard observed That they Charged a Treason in an Act That my Lord of Strafford gave Authority to do such a thing not that he gave this Particular Warrant and though they proved no Copy at all yet proving the Command it maintained sufficiently the Charge for a Treason may be a Treason though not put in Execution That they produced not this Copy as necessary to give a precise Copy but to prove that there was such a Command and Authority given and as a farther evidence they shew a Copy taken on such an occasion And Witnesses are here who will clearly Depose That this is the very substance and effect of the Warrant given under my Lord of Straffords hand Here my Lord of Strafford interposed That it was Charged on him in particular That on the 9 th of May in the 12 th year of the King he gave Traiterously Authority to Robert Savill c. But Mr. Palmer insisted That they did not find much on Reading this Warrant but if the Authority was proved it was sufficient And Mr. Pym added That they could not wave any part of the Evidence and therefore prayed it might be read Mr.
three as he takes it Being Asked in what Case it was He Answered A Merchant of Manchester trusted with Money or Commodities and being not able to pay him he sued him and so far that he got a Warrant and this was before my Lord Deputy on a Paper-Petition Being Asked How long the Soldiers remained there He Answered some three or four dayes till the Man surrendred himself to the Sergeant at Armes Edmond Berne being Sworn and Interrogated How many Soldiers were laid upon himself by vertue of this Warrant and For what cause and What Contempt and What was the loss and Whether the Soldiers were Armed He in his several Answers Deposed That there came to his House Ten of my Lord Deputies own Foot-guard and an Officer in the County of Wicklowe in Ireland in the Bernes Countrey 12 Miles from Dublin That it was on the 17 th or 18 th of October 1639 and they came on his Land under colour of a Contempt and there lay 15 dayes In which time they consumed and devoured all his Goods and Chattels they found at that time They Thrasht out three Ricks of Corn one of Wheat one of Rye the other of Oates which were very well worth 50 l. at the least After they had Thrashed this Corn and devoured the Victuals they found in the house and about the house they sent some of this Corn to a Market-Town within three Miles called Bray and that they sold for Tobacco Aquavitae some Beer and Victuals for themselves And they would not be content with this to satisfie themselves on his Goods but they must bring in the Women of the Town and made the Women drink and offered to Ravish them but that some of the Town came in to Rescue them That after they had consumed all his Goods they broke up his Tenants doors killed their Geese their Hens and destroyed their Victuals and when they had destroyed all his Tenants Goods they came on the Town-people which were not his Tenants and broke open their doors and struck them and eat their Victuals and killed their Geese and Hens and after they came to his Tenant one Timothy Wells they came on his Land and understanding he was his Tenant they took away 40 English Sheep and brought them to his house and there that night they killed two of them That his Tenant understanding them to be there referred himself to the Lord Chief Justice of Ireland then and Petitioned to this purpose that is my Lord Dillon and Sir Christopher Wainsford that Mr. Wells which was his Tenant had an Order to take away his Sheep from the Soldiers and then the Soldiers Reply'd That since he had got an Order to take away his Sheep they were sorry they did not kill more of them That they were not content to have Wood which was for his the Deponents own fuell and to destroy that but they burnt his Partitions his very House-door sold his Trunck his Bedsteads his Dining-Table and all they could light on in his house that after this time he was not able to keep house but left his Wife and Children to the courtesie of his friends and was fain to flie his Countrey and to serve in the Low Countreys as a Soldier that he may very well take it on his oath that this loss was at least 500 l. out of his way for he was not able to sow the Fallowes and was fain to break up House and Home and was never able to keep House since That this was upon colour of a contempt upon a Petition preferred against him to my Lord Deputy by Mr. Thomas Archibald for a pretended debt of a matter of Ten pounds and these Soldiers were armed with Swords Musquets and Halbeards some of them Being Interrogated on my Lord of Strafford's motion whether he the Lord Strafford was then in Ireland He Answered That before the Soldiers came on his Land my Lord Deputy came to England But Mr. Palmer observed that the Warrant was from my Lord Deputy and Mr. Palmer added that all will refer to the time of the Warrant dormant Being asked what Warrant was shewed for laying on these numbers of Foot He Answered That he durst not come in their sight But Mr. Maynard observed that this was one of the men Savill did lay Soldiers on and therefore it behoved to be by that Warrant Being asked whether the Debt might not have been compounded for 5 l. and why he would not rather pay 5 l. than suffer prejudice to 500 l He Answered to the First Yes To the Second That he conceived the Debt not lawfully due Mr. Robert Kennedy being Sworn and Interrogated what he knew of the laying of Soldiers on the said Berne and the occasion and what they did He Answered That one Archibald preferred a Petition against Berne for a pretended Debt to my Lord Lieutenant and as his usual course was his Lordship would referr the matter to the two next Justices of Peace uninteressed and they to determine the matter by consent if they could else to certify that the party bringing the Petition to him the Deponent desired him to draw the Warrant according to my Lord-Lieutenants Order They sent a Warrant for Berne who appearing they examined the business and it was so trivial that he the Deponent desired them to compound it Berne stood on it that the Plaintiff ought to have none and would pay him none They certified my Lord Lieutenant After this Certificate he the Deponent heard not of it till he heard that Soldiers came to this Gentlemans Land and hearing of it and that some Tenants of his the Deponents were wronged by it he came thither and some of them he knew and asking by what authority they were there We come say they by Warrant of the Sergeant at Arms Mr. Pigott That the Deponent thereupon said Mr. Pigott hath no Warrant Yes say they my Lord Lieutenants and he directed us not to leave till Berne delivered his Body for a contempt That he the Deponent Answered Though you have a Warrant for lying on his Land you have no Warrant to destroy his Goods for they were selling his Corn and loaded the Horses that went through the Town That there was to the number of 8 or 12 of my Lords Guard armed with Pikes and Guns and Swords But my Lord of Strafford he thinks was not then in Ireland he was newly gone Being asked on my Lord of Strafford's motion whether he saw the Warrant under Pigotts hand He Answered He did not but the Soldiers told him Pigott laid them on the Land by virtue of my Lord Deputies Warrant Being asked how long Pigott had been a Sergeant He Answered About Ten years And whether there was any more than two He Answered No more that attended the State and Mr. Kenneday added that he wondred at the course for he never heard of any such course before my Lord of Straffords time Mr. Palmer here observed that they were
nor Horse to lye on Horseback or Foot to lye on the Kings people but on their own cost without consent And if any so do he shall be adjudged as a Traitor Mr. Palmer concluded that this hath been done and how their Lordships have heard that this hath been done by Soldiers that profess hostility brought from Garrisons the places of War in great numbers and indeed the number left indefinitely to the discretion of the Sergeant at Arms in Warlike furniture which is literally true in the case And so he concluded the Article expecting my Lord of Strafford's Defence My Lord of Strafford desired their Lordships would be pleased to give him liberty to look over his Notes and he doubted not but to give their Lordships a very clear satisfaction by the help of Almighty God After a little respite his Lordship began his Defence in substance as followeth And First He desired their Lordships would please to remember that if he proved not all things so clearly and fully the reason was obvious and plain the shortness of his time the Witnesses being to be fetched out of Ireland and he having none but such as come accidentally That the other day he read to their Lordships out of Sir Edward Cook 's Book that the Customs of Ireland are in many things different from the Customs of England That for the things done in Ireland he conceived he was to be judged by the Laws and Customs of Ireland and not by the Laws and Customs of this Kingdom and that his Commission was to execue the place of Deputy according to the Laws and Customs of that Kingdom That what hath been opened to their Lordships to be so extraordinary he must justifie as very ordinary frequent and usually exercised by the Customs of that Kingdom That in all times the Army of Ireland and the Officers and Soldiers of it have been the chief hands in executing all the Justice of the Kingdom and of bringing that due obedience to the Kings authority that 's necessary and fit and due That if they had not been so used he thinks those who know the State of Ireland will acknowledge the King's Writs had never run in Ireland they being all executed by their Power and Assistance First his Lordship undertook to make it appear that in case of bringing in Rebels and Offendors of that nature and forcing them to come in it had been the ordinary practice of the Deputy and Council before his time to Assess Soldiers not only on the party but the kindred of the partys till the party be brought in and yet it is no levying of War for all that And because his Lordship heard much speaking of Rebels and Traitors he desired to represent to their Lordships what they be viz. a company of petit loose fellows that would be here apprehended by a Constable Lord Robert Dillon was called for and my Lord of Strafford desired he might be asked whether it had not been the practice of the Deputy and Council to Assess Soldiers not only on the persons but the Septs and whole kindred of Rebels Here Mr. Palmer interposed that for saving of time if my Lord makes this the Case that Soldiers have been laid upon the Septs of Traitors or Rebels that lye out in Woods and esloigne themselves from the Kings protection whom they call Kernes Outlaws and Rebels they the Committee will admit the usage though it will not justifie the Case being expresly against Law for by a Stat. 22 Eliz. If any lye out as Traitors or Rebels five of the Sept that bears the Surname shall be Fined at the Council-Chamber but not have Soldiers laid on them and against a Statute there can be no Usuage To which my Lord of Strafford answered And these are but ordinary fellows And he desired their Lordships would clearly understand what is meant by Rebels for every petty fellow stealing Sheep and the like if the party be out in action they commonly term such Rebels Robert Lord Dillon being asked whether ordinary fellows in Ireland passed not under the name of Rebels His Lordship Answered That touching this point he hath observed that when a party hath committed some Felony or unjustifiable Act and withdraws himself into the Woods a Proclamation is made for his coming in by such a time to render himselfamenable to the Law and if he then comes not in but keeps out in commmon reputation he is accounted a Traitor or Rebel Sir Arthur Tyrringham being asked whether of his knowledge the Deputies and Council have not frequently Sessed Soldiers on Offenders and Rebels when they could not be brought forth to Justice and what is understood by a Rebel in Ireland He Answered That it hath been the ordinary practice ever since he knew that Kingdom since my Lord of Faulklands being Deputy there and hath been ever practised there both by him and the Justices that came after him That ordinary fellows be commonly reputed Rebels with this observation It is true That every man is not a Rebel at his first going out though he be called so but the course is first to proclaim them and if they be not ameneable to Law they be Rebels and so they may be for Felonies of a very small value To prove that most of the Kings Rents as well Exchequer Rents as Composition Rents have been levied by Soldiers in all the times of my Lord of Cork My Lord of Strafford desired Iohn Conley might be called for who being examined how long since he hath been in Ireland and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army He Answered to the First 15 years To the Second That he remembers it very well that in my Lord Faulklands time it was an ordinary course where the Kings Rents were due to send some Horse and Horsemen and takeup these Rents and lye on them till they were collected and taken up So in my Lord Grandisons time and in all Chichesters time and this is all he cansay Henry Dillon was called And First my Lord of Strafford desired liberty to defend the credit of his Witness as to some exceptions taken to him the other day and offered the occasion of the Order of Council-Board made against him to be only this That he said he heard some such thing said and thereupon was commanded to make an acknowledgement and to this he was invited and perswaded by my Lord Dillon for quietness sake rather than he should be troubled about so small a matter and that being granted he supposed the Gentleman stood upright and was a competent Witness in this or any other cause To which some of the Committee for the Commons answered That they except not against the hearing of him but offer to their Lordships memory his acknowledgement that he spake falsly as a weakening of his memory And then Henry Dillon being asked Whether he knew
not that the Exchequer and Composition Rents upon failing of payment have been levied by the Army on the appointment of the Deputy or chief Governor He Answered That he had known several Acquittances put into the hands of Sir Thomas Dutton for Rents due on certain parcels of Land in the County of Longford that were not paid into the Exchequer by a certain time for which a-fore-time Pursivants issued out against the Tenants that himself was one of the Tenants and being out of Town Sir Thomas Dillon seized three of his Horses at his the said Dillons House and there they remained till he came to Town for 13 s. 4 d. This being in the time of my Lord of Corke and my Lord of Ely being Justices Being asked as to the Contribution and Composition-Rents He Answered That some years before that in my Lord Faulklands time when he lived in the County of Longford that were not paid he remembers 30000 l. was granted on the coming of Sir Iohn B. into the Kingdom of Ireland and afterwards Sixscore thousand pound toward maintaining of the Kings Army and there was a Troop of Horse of Sir Robert sent into the County of But he knows not whether this be the Money called Contribution-Money That he was then Sheriff of that County and had direction sent to Sesse the Soldiers on them that refused to pay the Money That at that time he conceived that was not so fully understood by the Countrey that they should have paid it and himself and others did except against it conceiving the Money was not granted farther than as they would willingly pay And Valerian on the Statute urged of assessing Soldiers refused to Assess Soldiers on the Warrant of my Lord of Faulkland and thereon was sent for to the Castle the Soldiers sent to his house and remained there as long as he had Provision and after that from his house they were assessed on several Delinquents as the Soldiers pleased to Billet themselves and the Foot-Company of Sir Arthur Tyrringham was then in that County And one night he remembers 25 were Assessed on his own house because he did not pay the Money but he remembers not any thing of the Composition-Rents Being asked whether he had not seen a Warrant to this purpose subscribed by the Chief Governor He Answered That being Sheriff of the County of Longford in 1634. or 1633. there were Warrants directed from my Lord of Cork and my Lord Chancellor and he thinks under the hands of the rest of the Lords of the Board for levying Moneys allotted to the Soldiers and he had three Warrants himself and by virtue thereof levied Money and paid the Money to the Troops there under the hands of my Lord of Cork and Lord of Ely and the Council Sir Arthur Tyrringham being asked whether he had not received Order with a Warrant for attaching a person in case of Debt and for laying Soldiers on him in case he paid it not and who was the person He Answered That he had And the Sheriff of the County brought the Warrant from my Lord of Faulkland to lay some of his Men on a Debtor there till he paid the debt That these Soldiers were laid being under his command and stayed till the Debt was paid at the charge of the party and he tells this particular in it that makes him remember the whole circumstance The debt was very small not above 16 or 20 s. The Sheriff bringing him this Warrant he did not a little wonder at the matter to require Soldiers for levying such a sum But it was then so ordinary and frequent that it was seldom denied on any reasonable occasion the Men stayed there some 8 or 10 days when the party had enough he sends to him the said Arthur to recall the men that he told him he would if he the said party had satisfied the Money the party answered he had not yet but he would that he the said Sir Arthur told him what a strange man are you that will keep a charge on your self where if you had paid it the first hour I would have withdrawn the Men. Why sayes he I do not care for giving half a score Men a Meales Meat Being Asked on Mr. Palmers motion Whether it was a Debt between party and party or the Kings Debt He Answered He could not tell But the Sheriffs name was Fleming Being Asked Under whose hand was the Warrant He Answered Under my Lord of Faulklands Hand otherwise he would have levied no Money Lord Rainalaugh being Asked Whether before my Lord of Straffords coming into Ireland the Kings Debts and Rents as well Exchequer as Composition-Money were not raised by Assessing of Soldiers He Answered That he remembers in the Lord Justices time my Lord of Corke and Lord of Ely the Kings Rents being slowly paid in they did usually give Acquittances out of the Exchequer to the Captains and Officers of the several Companies and if they were not paid by some time limitted and if the Sheriff or the Collector did not bring in the Money the last resort was to fall on the Defaulters by assessing Soldiers on them and there to lie till the Money was paid Here my Lord of Strafford conceiving he had spoken of Contribution and Composition-Rents desired my Lord Rainalaugh might Repeat what he said Thereupon his Lordship Answered That he thought what he said he was sure of and might justly say That for the Exchequer-Rents and Contribution Payments for the Compositions he would say nothing the course was this That for the Exchequer-Rents the Vice-Treasurer gave out his Acquittances These were assigned to some Captains whose turn it was for Payment and they accompanied with a Warrant from the Deputies to constrain the payment by some few Soldiers Hereupon my Lord of Strafford Observed That this Cause would seem strange in England And whereas my Lord Rainalaugh spake of Contribution-Money Mr. Palmer humbly desired he might be Asked Whether the raising of it by Soldiers was not so agreed to in the Countrey For my Lord of Straffords own Answer sayes The Countrey choose rather that on Delinquency it should be so levied than otherwise And if it be by consent the force of the Statute is taken away My Lord Rainalaugh being Asked accordingly His Lordship Answered That he had already spoken to that purpose and he believed some of the Committee that were there had the particular Instance to produce Being required to name them in whose hands it was His Lordship said In Mr. Plunkets or Mr. Brown Being Asked When this course began He Answered He did not remember the time but he thought in 1628. on certain of the Agents out of England My Lord of Strafford did here offer That if he might have Read the Antient Book in my Lord Faulklands time he could have showed Sir Tho. Wayneman sent up and down to this and that County to fetch in the Composition-Rents and that they have been
For I. He hath heard it said That the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governor For these words No Lord or any other of what condition soever c. Must imply a condition of a Lord or one under a Lord not a condition above a Lord as the Chief Governor is II. He shall not lead or bring He hath neither brought nor lead them into Action for the Sergeant at Armes hath done it though under his Warrant III. It speaks of bringing English Rebels or Irish Enemies or Hooded Men Hoblers Kernes c. But that sending of the Kings Soldiers to apprehend and attach such Refractory Persons should be within the Statute is a Stretching of the words of it very far IV. Notwithstanding this Law the Chief Governor hath alwayes used to assess Soldiers and Practice is the best Interpreter of Lawes and yet his acts have not by this Statute been concluded Treason since they have Compounded for it and they pay a great Rent The Composition Rents paid for their discharge from the assessing of the Army being one of the greatest Revenues before his coming there And if their Lordships will have it proved there be few of the Irish but know it And in Conaught the King may take or leave as he pleases Though he shall not insist on it as desiring never to depart from their Lordships Judgment nor thinking himself more safe in any other therefore freely and voluntarily he puts himself under their Lordships Censure for his Life as for his Death But if he should insist on it admitting all this That it was a Treason by the Statute-Law of Ireland yet he is not Tryable for it here But he makes no use of it to that purpose but had he a Thousand lives he would humbly lay them every one at their Lordships feet He added That it is a very heavy Case that such old Laws as these should be started in this manner when the Practice hath been quite contrary and Kindled to destroy him and his Posterity at a Blow But he trusts God Almighty hath provided better for him by their Lordships Favour and Justice For though the Gentlemen at the Bar are much more Learned than himself yet it may be they are not so well Read in the Irish-Statutes as they be in the English Besides he is most confident he shall make it appear that Statute is Repealed And if it falls in his Judgment their Lordships he hopes will find he had Reason to think what he shall offer might be available and that their Lordships will not be offended if he mistakes the Law and this as in other things he desires the Advantage of by Counsel concerning these Points of Law before he be finally concluded First By the Statute of 8 Ed. 4. ca. 1. and had these Gentlemen seen these Statutes he believes they would never put it in Charge against him Whereby it is Enacted Confirmed and Ratified by Authority of the said Parliament that the said Statute be Adjudged and Approved in force and strength and the said Statute may be of force in this Land from the 6 th day of March next and that from henceforth the said Act and all Statutes and Acts made by Authority of Parliament within the Kingdom of England be Adjudged and Ratified from the said 6 th day of March. This comes in time after the Statute of Treason of H. 6. and Ratifying all the former Statutes of England Ratifies the 25 th of E. 3. in England which is the Statute of Treason and 1 H. 4. which sayes nothing shall be Treason but what is said to be Treason within the said Statute of 25 E. 3. So that nothing can be Treason in Ireland but what is Treason by 25 E. 3. or 1 H. 4. or something subsequent for these being confirmed later do take away the Statute of 18 H. 6. Secondly By the Statute of 10 H. 7. c. 22. and this is a Repeal in Judgements far better then his own The former was for another purpose By this all the Statutes made in England before that time are brought to be Laws within Ireland and all Laws contrary to these Laws are hereby repealed But the Law urged by those Gentlemen is against the Laws of 25 Ed. 3. and 1 H. 4. and consequently is repealed very clearly and the words are these in effect It tells of the Benefit and Advantage that might come to them after the English Laws should be brought in And if any Statute have been made contrary to them the same to be annulled void and of none effect And that it hath been so taken and conceived that that Law is Repealed he hath as he conceives a Judgment in Parliament clearly on his side to clear him as to this Treason That the Deputy hath power to Assess Soldiers in Cases where he shall think convenient It is a Power which God forbid any Many should exercise but with all fair Intention and Mildness that possibly can be and he speaks it not to draw any inconvenience on that Kingdom he being willing to spend his Life for them rather than do them any hurt nor will he carry from this Bar the Remembrance of any thing of their Unkindness in Prosecution he means not them that are Members of this House praeter gratuitas Cicatrices and will never look the worse on them he Vowes to God The Statute is 11 Eliz. ca. 7. Being an Act for taking away Captainship and all Exactions belonging thereunto from the Lords and Great Men. WHereas Most Gracious Soveraign Lady The Lords and Chieftaines of this Realm in the time of desolation of Iustice have arrogated to themselves Absolute and Regal Authority c. For Remedy whereof your Faithful Subjects most humbly beseech it may be Enacted c. That no Earl Viscount Baron Lord c. dwelling within this Realm shall assume c. the Name of Captain of any Countrey except such as hath or shall have the same by Letters-Patents from Your Majesty c. or by the name of Captain or therwise exact for the finding of him or them their Horse Foot of or upon any of your Majesties Subjects Tax Sess Subsidie c. nor shall call togethe people of the same Countrey to Treat Conclude and Agree for making War or Peace c. Sess nor lead the people c. without the Great Seal or Warrant from the Lord Deputy c. upon pain to every Earl Viscount Baron or Lord c. for every time 100 l. of lawful Money of Ireland Whence he inferred that here is a Commission that the Deputy and chief Governors have power to Assess and yet are no Traitors a penalty which they would have spared had they thought that Law to have been in force So that as he hath been free in his heart from any Treasonable designe towards His Majesty or His People and as he hath been innocent to God Almighty within doors so
before his going into Ireland and as appears by their own shewing such a Proposition as was allowed and approved of by their Lordships at the Council-Board He desires that in this as in all things else he might not be taken in pieces but altogether for if they take part and leave what they please they may make a man speak strange things and therefore he desired their Lordships would hear the reasons inducing that Proposition as well as the Proposition it self being under the Clerk of the Councils hand and so attested by Mr. Ralton The Proposition and Reasons were accordingly read as followeth in substance Feb. 1631. A Proposition amongst divers others entred in the Register of the Acts of Council 22 Feb. 1631. follows in haec verba THat no particular complaint of Injustice or Oppression be admitted here against any unless it first appear he hath made his Address to the Deputy And indeed this is but justice to the Deputy who must needs in some measure be a Delinquent if the complaints be true as being in chief universally to take care that His Majesties Justice be throughly complyed with in that place and therefore good reason his Judgement should be informed and his Integrity first tryed before either be impeached Nay it is but justice to the Government it self which would be exceeding scandalous through the liberty of complaints and the Ministery therein extreamly discouraged upon every petit matter to be drawn to answer here when the thing it self is for the most part either injurious or for which the party might have received good satisfaction at his own door But where the complaint appears formally grounded and where due application hath been made to the Deputy without relief to the party let it be throughly examined and severely punished wheresoever the fault proves to be especially if it be corrupt or malicious for so he shall not only magnify his Justice but punish an unfaithful Minister or clamorous Complainant and his service shall thereby be bettered From whence my Lord of Strafford inferred That by this it might appear to their Lordships his intent was not to assume any greater Authority than became him to desire but meerly to prevent clamors and unjust complaints and that they might be redressed nearer home without Complaint and no way to hinder any mans just complaint And so it had no relation nor aspect to himself but meerly to the furthering of the Kings Justice And so that Proposition could not he conceived be turn'd upon him otherwise then as Just and Honourable For the Proclamation it self and the staying of men from coming without Licence the thing complained of he begged leave to acquaint their Lordships with some particulars He conceived by the Laws of Ireland no man that is a Subject and Liege-man there can come from thence without Licence from the Deputy but it is very penal and to that purpose he would mention two or three Statutes of that Kingdom One is the 26 H. 6. ca. 2. The Title whereof is An Act that the Kings Subjects or Officers in Ireland may be absent by the Commands of the King or Governor or Council without Censure of c. The words of the Statute in substance Also it is decreed and agreed that none of the Kings Liege men who comprehend all as he conceives or Officers of the Land go out of the Land but by Commission from the King or his Heirs Lieutenant-Iustices c. All the Rents Benefits Offices or other Possessions by their said Absence shall be seized into the Kings hands c. Whence my Lord of Strafford inferred That if they go without the Governors Licence there is a forfeiture of all these Another is 25 H. 6. Ca. 9. It is ordained c. That if any Liege-man be out of the Kingdom by the Commandement of the King or his Heirs or the Lieutenant there Deputy-Iustices or Council Their Rents c shall not be seized c. Whence his Lordship inferred That if they go without Licence they are punishable for it The next is a certain Article preferred by certain Irish Agents then in England in May 1628. or thereabouts long before he was thought on for a Deputy in Ireland either by himself or any body else and this is from their own desire and Petition Being attested by Mr. Ralton to be a true Copy one Article was read being in substance as followeth May 1628. TO the Kings most Excellent Majesty the humble Petition of Your Majesties faithful Subjects appointed Agents to prefer certain humble Requests c. to your Highness in behalfe of your Kingdom of Ireland After the Preamble amongst other things it contained That His Majesty would be pleased that in respect of the non-residence of many great men who spending their Estates abroad the Kingdom was impoverished and great sums of Money transported Order might be taken that both they and all Undertakers on whom Estates have been bestowed for the better supporting and improving of the Kingdom may make their personal Residence at least half the year and not to depart without Licence His Majesties Answer was given in these words ALL the Nobility Undertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons excepted only as are imployed in Our Service in England or attend here by Our special Command Next my Lord of Strafford desired he might read the Lord Faulklands Instructions which as he conceived were pursuing to this and they were as he takes it 24 May 1628. which being attested by Mr. Brooks to be examined by the Original was read C. R. Instructions to be observed by or c. Henry Viscount Faulkland or Council there c. ALL the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their personal Residence there and not to leave it without Licence such persons only excepted as are employed in Our Service in England or attend here by Our special Command Next His Lordship offered His Majesties Letter of 20 th of Ianuary 1634. Commanding the publishing of this Proclamation which Mr. Ralton affirming to be a true Copy was read C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility Undertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or foreign parts as if they understood not what they owed to Us in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Undertakers and others that hold Estates and Offices such persons
it very well and he had not done his duty if he had concealed it for he was one of them that told him of it Lord Goring being examined to the First and Second Question proposed to my Lord Marquis His Lordship Answered That he remembers something to this purpose and Candidè Castè makes him call it to mind but the particulars he cannot remember Candidè Castè for using the Kings Power he hath heard often Tho. German being examined to the same Question Answered That he would be very loath to say anything that doth not perfectly occurr to his remembrance he remembers that divers times at Council-Board my Lord spake these words Candidè Castè and he remembers them very perfectly but what day and time he remembers not but he remembers very perfectly he heard my Lord of Strafford say it must be on an urgent and unavoidable occasion that any by-course should be taken or put in practice but what day and time he cannot tell To the exact words of the Interrogation he cannot say but something to the sence as he the Examinant delivers them Being asked whether my Lord of Strafford hath not concluded That things will not be right till there be a right understanding between the King and his People or words to that effect He Answered That he thinks no man hath the Honor to sit at that Board but will give him that Testimony that he hath often spoken That the greatest happiness that can occurr to the King and People is the happy agreement and understanding between them Being asked on Mr. Glyn's motion Whether those words were used before the Dissolution of the Parliament or since He Answered To his best remembrance before yet he doth not deny but they may be said since that he must leave to the Lords whose memories serve better to distinguish times The Lord Treasurer being examined to the First Question proposed to my Lord Marquis He Answered That he doth not remember the discourse about his business Being asked to the Question Nov. 2. proposed to the Lord Marquis He Answered That phraze of Candidè Castè he remembers very well were used more than once but whether they were applyed to this particular he cannot speak He remembers my Lord used the words in such a sence and the interpretation of them was chastly and honestly but the other part he cannot remember Being asked to the Question Nov. 2. proposed to the Lord Marquis He Answered That he remembers not any of it Lord Cottington being examined to the Question Nov. 1. proposed to the Lord Marquis He Answered That if his Deposition be looked upon it will be found he did say my Lord put the Case so and he now says it again he the Examinant did declare and understand that my Lord Being asked to the Question Nov. 2. proposed to my Lord Marquis He Answered That he thinks he hath answer'd this already he remembers the words Candidè Castè and that the Power the King had for the preservation of Himself His Crown Posterity and People ought to be used Candidè Castè in all fair and just ways Being asked whether my Lord of Strafford did not say That the King was bound after the present danger provided for to free the Subject in Propriety and Liberty from the prejudice of such a precedent He Answered That he said the necessity being past and the work done the King ought to repair it and not to leave any precedent to the prejudice of His People Being asked Whether my Lord did not say that in conclusion all must be setled by Parliament and till all the dispute betwixt the Prerogative of the Crown and Liberty of the Subject be determined neither King nor People should be happy He Answered That he verily believes many of their Lordships have often heard him say it He hath heard my Lord say it to the King at the Council-Table It hath been always his position and to himself the Examinant he hath said often both before the last Parliament and after it was broken and it was an ordinary discourse to His Majesty That His Majesty could not be happy till there were an happy Union betwixt Himself and the Parliament and the Prerogative and Liberty of the Subjects were determined And my Lord of Strafford desired to have so much benefit of their Lordships Justice as to have the Examinations of my Lord Keeper which are not yet come in to these points reserved And now he said he had stated to their Lordships truly and justly the Question concerning these words that are by pieces and paches charged and which taking the whole contexture of the Discourse from the beginning to the ending represent them quite otherwise as he conceives than might seem to be enforced against him He offered this further to their Lordships That they see plainly and clearly proved that at all times and frequently he hath presumed by His Majesties favour and good leave to express himself how necessary it is for the happiness of the King and People that all these matters of difference should be setled and bounded and that by Parliament and that till they were so bounded neither His Majesty nor they could be happy so that it was far from going against the antient grounds of Government that have been here setled in that singular Providence and Wisdom of our Ancestors and never shall he contribute any thing but to the maintainance and preservation of them in all honest and honourable ways and means whatsoever and if these words were spoken with that moderation and qualification that the Power to be used must be a lawful Power and the ways to be taken lawful ways they were no way subject to exception Besides there is one Argument that cleers the Intendment and meaning of the words as he conceives a great deal more prevalently than if those words of lawful Power and just and honourable ways had been put in And that is that nothing hath been done by the King or the Council against the Laws and Customs of the Realm in pursuance of them where it hath been any breach on any Liberty or Propriety of the Subject What extraordinary Course hath been taken not warrantable by Law None that he knows of so that there being nothing but justly and fairly administred the very Deed done shews them to be spoken with that meaning and so to be interpreted so much the rather by how much doing well is better than saying well And the worst that can be made of them they are but words and no more and for the excuse of them their Lordships well remember what he said concerning the Statute they can never amount to Treason and before they shall be brought to him in a Criminal Charge he besought their Lordships to observe something he shall offer to them These words charged on him were not wantonly or unnecessarily spoken or whispered in a corner but they were
which my Lord Mayor sayes that he the Earl of Strafford should say to His Majesty Sir there will be no good done with the Citizens of London till you have hanged some of them up which at first he said was to his best remembrance and upon recollection he says directly and absolutely for my Lord said he must not make it weaker against himself than it is and he wishes that rule might be kept on both sides which is to repeat the Evidence to their Lordships clearly and plainly as it is which duty he said he had Religiously observed since the beginning of the Cause and will perform to the last not misrecyting any thing for his advantage or disadvantage This being howsoever his comfort and joy that their Lordships are so wise as not to hearken to what is repeated of the Evidence but to the Evidence it self as it is plainly and clearly represented and that will not deceive them and therefore my Lord said to the best of his remembrance and the Witnesses said no more at the first he spake them not but he thinks they were spoken in so good company before their Lordships of the Council-Board that it cannot but be remembred by some of their Lordships if the words had been spoken and by His Majesty to whom it is said they were directed But being an equal Testimony however in this condition and misfortune and affliction it may be between this Gentleman and himself he thinks that before these troubles befell him he was as equally to be believed as the other and therefore all the difference is one sayes it the other denies it My Lord added That he denyed it in his Answer and he denies it at the Bar and in truth to his best remembrance he never spake the words and it is a thing of no great moment being a hasty word and at the most very excusable especially to a free spoken man as he is and he smarts for it which hath further engaged him perhaps than wiser man would have been that hath much worse thoughts than ever he had but he hoped it will be pardoned and not amount to make good the Charge against him but that their Lordships Honor and Justice will excuse it rather than punish it and so his Lordship said he would say no more to it Mr. Maynard made Reply thereunto in substance as followeth The Committee shall need to to say little to this Answer of my Lord of Strafford for whereas he sayes nothing of High Treason is proved their Lordships will be pleased to remember how oft this hath been answered for if their Lordships will look back to what they have proved from the beginning They charge not this as a particular Treason but having charged him with a design to subvert the fundamental Laws it appears he threatened it That the Kings little finger should be heavier than the loins of the Law They have shewed what he did in Ireland how he did not only threaten but gave sentence of death on one for words how there he hanged another it appears what a Jurisdiction he erected against Law and wayes were taken to maintain them how Soldiers were forced on mens Houses against their Wills and what Insolency they committed and that must not be questioned when it is propounded When he comes into England their Lordships hear what Counsels he gives which compared with the Plots he laid there is reason to think that these words proceeding from my Lord of Strafford that men should be Fined and Ransomed Hanged up and laid by the Heels comes not out of suddain passion but rise from those Principles and Resolutions that were in him to do all things according to his Will and Pleasure against Law They beseech their Lordships these may not pass as hasty words when they appear to be suitable and conformable to Actions and Counsels preceding for many years and not yet laid down by him for ought can be discerned The singleness of the Testimony hath been often Objected and as often Answered but this is no single Testimony My Lord Treasure speaks of his Advice to go on vigorously with Ship-Money Others prove Fine and Ransome and Hanging up Threatened which have all concurred to the general Charge being several circumstances proved by several Witnesses But whereas my Lord thinks to excuse himself because there was a Judgement in the Exchequer-Chamber God be thanked it appears to be a Judgement against Law and my Lord of Strafford spake these words after the King offered to lay down the Ship-Money for it was after the Parliament But there was never any Judgement that a man might be hanged in such a case nor be Fined and Ransomed for not certifying in matter of Loan my Lord of Strafford knows as well as any man that it is against Law himself having had a great hand in the Petition of Right Mr. Glyn desired he might observe one thing that fell from my Lord of Strafford not at this time only but at several times That it is hard he should for words be questioned as High Treason being a word spoken and no ill effect of it their Lordships may be pleased to call to mind that for words spoken concerning Treading on his Toe he prosecuted so far as to life and yet they were spoken as accidentally as these and not of less consequence and nothing came of them and yet he procured a sentence of death against the Speaker but here he extenuates it and must not be charged with words And so the 25th Article was concluded THE Six and Twentieth Article The Charge 26. THat the said Earl by his wicked Counsels having brought His Majesty into excessive charge without any just cause he did in the month of July last for the support of the said great charges Counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coyn with the mixtures of Brass And accordingly he procured One hundred and 30000 l. which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London owners of the said Bullion and Money came to his House to let him under stand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such Moneys to serve their occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said
such a room as this whether there be Serving-men or Aprentizes in a croud To which Mr. Maynard answered much less can he hear it Sir William Pennyman Interrogated whether the Petition deliver'd by my Lord Wharton was by the major part of the Gentlemen that met according to the Kings appointment at the place proper for the business declined And whether they did not declare their consent to a Months pay and that my Lord of Strafford should deliver the Message by word of mouth He Answered That the major part did decline the delivery of the Petition and it was done upon a Vote there being some difference of opinion and he thinks truly according to his conjecture there were 200 voices at the least to three or four Happily some others tacitly might be of another opinion but there was to his best remembrance three or four voted against it Being asked whether divers that Signed it did not decline it He Answered That divers that set their Hands to the Petition did retract it whereof he himself was one and divers other Members of the House whom he offered to name if their Lordships required it but that their Lordships did not think fit to direct Being asked Whether my Lord of Strafford did not faithfully and rightfully present to His Majesty the Message he was intrusted with He Answered That he was one of them that went with my Lord but was in the same condition with Sir Edward Osborne for the crowd was so great that he could not come to hear Where my Lord of Strafford desired their Lordships to take notice that it was not in a corner when Gentlemen of their Quality could not come near Being asked on Mr. Maynards motion Whether there was to be any difference between what was to be delivered to the King and that contained in the Petition the last Clause excepted He Answered That he conceives nothing was to be omitted but only that of the Parliament Being asked on the Lord Whartons motion Whether he and another had not Commission to acquaint my Lord of Strafford from them that had subscribed the Petition that they had a Petition to be deliver'd his Lordship for His Majesty and whether he brought not word back again that they should wait on his Lordship with the Petition on Saturday at One or Two of the clock and at his Lordships own house and whether they did not accordingly wait on him He Answered That he did and they did come and it was purposely that they might most of them goe to the Hall not to make my Lords House a place of his debate Being asked whether he was not directed to acquaint my Lord of Strafford with the Petition and whether he brought back word about the time of attending He Answered It is true he did but he knows not whether he brought it on a Message from my Lord. Being urged to Answer that positively Whether he brought it as a Message from my Lord. He Answered That it may very well be he did he thinks he did but he added in effect his desire was to know what the Question tended to Mr. Maynard thereupon desired of their Lordships that a Witness at the Bar might not demand the meaning of a Question before he answers to the truth of it And Mr. Glyn observed that my Lord of Strafford had several times besought he might go on quietly with his Evidence and they hope their Lordships will justify them that they have behaved themselves as men intrusted by the House of Commons and that their Lordships will not suffer this Language to be used They must demand Justice And Mr. Maynard added that they desire only that the Witness may readily answer to the Question propounded and not advise what may be the consequence or enquire the intention of them for they are to speak only the truth But my Lord of Strafford conceived it a very fitting Question for the Witness to desire to understand the Question before he answers it and that 's all he doth as he conceives Being required to answer positively whether he brought that Message from my Lord of Strafford touching the time of delivering the Petiton He Answered That he did My Lord of Strafford here offered to their Lordships that he conceives this Question not material to him he was then extream sick and in his sick Bed when he should send this Message and that truly he was never in such height of incivility towards any man alive of a far meaner Quality than my Lord Wharton as to send them word they should attend him at such an hour he knows what belongs to my Lord Wharton and what to himself much better than to send for or expect any attendance from his Lordship Sir William Savill being Interrogated whether the Petition Signed as aforesaid was not absolutely by the major part of them in the Hall declined and voted that it should not be delivered He Answered That he was there and by the major part of the Gentlemen present it was delivered and consented that my Lord should deliver the substance of the Petition to the King by word of mouth saving the last Clause concerning the Parliament Being asked Whether there were not divers that Signed it who did afterwards retract it And whether himself did not He Answered there were and that he himself Signed the former Petition and then it came to be disputed before them whether they should retract it or no he was against the retracting of it and many delivered Votes against it under 10 he believes and for his own part he said nothing to it but it was carried so clearly by the opinion of them present that he went along with a great number of Gentlemen that went with my Lord to the King and he heard my Lord faithfully deliver the substance of the Petition in every thing and with more advantage to them than the Petition was drawn except the business of the Parliament Being asked whether part of it was not the consent to a months pay of the Trained Bands He Answered That he verily believes it was the intention of them all that a months pay should be paid to the Soldiers of the Countrey and the months pay was paid Being asked Whether it was not willingly and voluntarily paid in every place without constraint to his knowledge He Answered That in that part where he lived no body denyed whatsoever was asked so there was no pressing of any body to pay a penny nor complaint of any body for want of Money Sir William Pennyman being asked to the said last point He Answered That it was with a agreat deal of alacrity and cherfulness and he heard no man repine at it then nor since Sir Edward Osborne Interrogated to that Point Answered He never knew of any forcible course to make men pay it but it was freely paid Sir William Savill being Interrogated How many of
appointed a Etight of the clock A SUMMARY OF THE EVIDENCE Of my Lord of STRAFFORD April 12. THis Day being appointed for the Summing up of the Evidence formerly given on both sides in the Cause concerning my Lord of Strafford The Right Honourable the Lord Steward spake in substance as followeth My Lord of Strafford I am Commanded by my Lords to let you know that they do expect your Lordship will go on in the Order set to sum up your Lordships Evidence and those Gentlemen of the House of Commons will likewise sum up theirs for the Close of Proofes in Matter of Fact and that your Lordship do it with all Clearness and Succinctness avoiding any thing that may give Impediment to the Clear and Fair Proceeding of the Cause which for matter of Fact is come to a Period My Lord of Strafford humbly desired That he might clearly understand what was expected in that case and then he would perfectly obey my Lords in all things adding that he Conceives their Lordships intention is that they shall go upon what hath been alleadged before their Lordships without any new matter to be further alleadged on either side Whereunto my Lord Steward replyed That if there be any new matter God forbid but they might alledge it And my Lord Strafford thereupon Answered That he will offer no New Matter unless it should arise from the other side professing himself ready to be disposed of in all Acts of Obedience to their Lordships And then his Lordship proceeded to Recollect his Evidence in Substance as followeth May it please your Lordships it falls to my turn by your Lordships leave and favour to presume to put you in mind and to represent to you the Proofes as they have been offered which I shall do to the best of my Memory with a great deale of Clearness I shall desire to represent them neither better nor worse then they are in themselves and I wish the like Rule may be observed on the other side For in the proceeding of this Cause I heard them alleadge that as they conceived divers Articles were fully proved Whence I conceive there was nothing fully Proved My Lords my Memory is weak my health hath been impayred and I have not had such quiet thoughts as I desired to have had in a business of so great and weighty importance to me And therefore I shall most humbly beseech your Lordships that by your Wisdom your Justice and Goodness I may be so much bound to you as to have my Infirmities supplyed by your better Abilities better Judgments and better Memories My Lords The Charge I am to Answer is a Charge of High-Treason and that which makes it the most grievous of all it is an Impeachment of Treason from the Honourable House of Commons Were not that in the Case my Lords it would not press so heavy and sore upon me as now it doth having the Authority and Power of their Names upon it Otherwise my Lords the Innocency and the Clearness of my own heart from so Foul a Crime is such that I must with Modesty say if I had no other sin to answer for it would be easily borne My Lords as I went along Article by Article These Gentlemen were pleased to say They were no Treasons in themselves but Conducing to the Proof of Treason and most of the Articles being gone over they come to the Point at last And hence my Lords I have all along watched to see if that I could find that Poysoned Arrow that should Invenome all the rest that Deadly Cup of Wine that should intoxicate a few alledged Inconveniences and Misdemeanors to run them up to High Treason My Lords I confess it seems very strange to me that there being a special difference between Misdemeanors and between Felonies and Treasons How is it possible that ever Misdemeanors should make Felonies or a hundred Felonies make a Treason Or that Misdemeanors should be made Accessaryes to Treason where there is not a Principal in the Case No Treason I hope shall be found in me nor in any thing I hear to be charged under favour and not waved They say well That if a man be taken threatning of a man to kill him Conspiring his death and with a Bloody Knife in his hand these be great Arguments to convince a man of Murder But then under favour the man must be killed for if the man be not killed the murder is nothing So all these things that they would make conduce to Treason unless something be Treasonable under favour they cannot be applyed to Treason My Lords I have learnt that in this Case which I did not know before that there be Treasons of two kinds there be Statute-Treasons there be Treasons at Common-Law or Treasons Constructive and Arbitrary My Lords These Constructive Treasons have been strangers in this Common-wealth a great while and I trust shall be still by your Lordships Wisdom and Justice But as for Treasons in the Statute I do with all gladness and humility acknowledge your Lordships to be my Judges and none but you under favour can be my Judges His Majesty is above it the King Condemns no Man the great operation of His Scepter is Mercy His Justice is dispensed by His Ministry so He is no Judge in the Case with Reverence be it spoken and likewise no Commoner can be Judge in the Case of Life and Death under favour in regard he is of another Body So that my Lords I do acknowledge entirely you are my Judges and do with all chearfulness in the World submit my self unto you thinking that I have great cause to give God thanks that I have you for my Judges and God be praised it is so and Celebrated be the Wisdom of our Ancestors that have so ordained it My Lords I shall observe these Rules First I shall as I hope clear my self of Statute Treason and then shall come to Constructive Treason or Treason at the Common-Law The first point they Charge me withal of Treason is upon the Fifteenth Article Wherein neverthess before I come to Answer the Particulars I must humbly inform your Lordships that in that Article two of the most material Charges are waved in the first part that piece of the Charge that sounds so high concerning a Miscarriage in me in Levying Money upon the Towns of Baltemore Bandenbridge Talow of that I hear nothing and I shall mention it only thus farr humbly to remember your Lordships that in that particular I trust I have spoken nothing that I should merit less belief of your Lordships For my part it is far from me to put you upon any prejudice by any means whatsoever I look onely to the preserving of my self if it may be without prejudice and hurt to any living Soul Then they likewise wave another piece of the Charge and that is that I should by force of Armes dispossess divers persons in the Territory of Idengh and well they may for in truth
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
but only the Estimate of a Merchant and how far your Lordships will be guided by the Estimate of a Merchant I known not but I have had Trial of some of them and their Estimates never hold for they have alwayes told me I shall gain much and when I came to the point I gained nothing and if Sir George Ratcliffe should be Sworn to the Point he should say confidently that we are Fourscore and six thousand out of Purse and when he came out of Ireland but Fourscore thousand pounds received and this is the Profit Estimated by the great Merchants at a Hundred and Forty thousand pounds a year But at the worst it is but a Monopoly and a Monopoly of the best condition because it was begun by a Parliament I have seen many Monopolies question'd in Parliament and many overthrown in Parliament but I never heard a Monopoly charged for a Treason My Lords The next is the 13th Article and that is concerning the Flax business For that my Lords if I had thought it any way concerning me I could have cleared it in a very great measure But I had no private Interest in the business much less of private profit but onely an endeavour and desire to bring in the Trade of Linnen-Cloth to that Kingdom which would be much advantage to both Kingdoms and no prejudice to this Kingdom which a Woollen Trade would have been if set up these And the Prolcamation when it was found not so well liking to the People was called in of our own accord before it was question'd and so laid aside and given over For any matter of private Benefit you have no Witness but Crokay a Fellow brought out of Prison Here is but a single Witness and a sorry one a Fellow who by misbehaving and misusing the trust committed to him was turned out and upon the turning of him out the Proclamation was absolutely called in and now he comes to be a Witness being himself the onely offended in the Cause But I beseech your Lordships to think I have not lived with so mean a heart in the World that I should look to gain Four Nobles more or less upon a Cart Load of Flax It is very well known my thoughts have carryed me free enough from gaining so poor and petty a matter as that is I know nothing in the World of it no more than the man in the Moon but when it comes to be heard your Lordships will find me extreame pure in that for I thank God I have clear hands I assure you The 14th is waved by them concerning an Unlawful Oath given to Masters and Officers of Ships and it might very well be waved for I conceive it to be Warranted by the Law Sure I am it is both the Practice of England and Ireland and hath alwayes and at all times been practised and used and is onely for the preventing of Fraud and Deceipt in Merchants by not paying the Kings Duties and Customes The 15th is Answered already I hope The 16th doth Charge upon me certain Propositions I made before I went into Ireland And in good Faith my Lords you may see how short-sighted men may be to their own Actions for I did very well believe I should never have reaped any thing from those Propositions but Thanks I am sure they were well received then when they were offered to His Majesty and the Council and I must truely Confess I never thought they should be objected against me as a Fault My Lords The Proposition was That no Man should be allowed to Complain of Injustice or Oppression in Ireland unless he first addressed himself to the Deputy My Lords there was no Original Intent but onely to prevent Clamours and Unjust Vexations of the Kings Ministers there that after men had received Judgment of the Kings Courts they might not presently come and by Clamours call over a Chief Justice or a Chancellor or President to Answer here and be at charge of five or six hundred pounds unless they acquaint the Deputy with it that they might be righted in the place and this is Charged against me as a great Crime Truely my Lords I shall Confess and Amend any thing and trust other Judgments rather than mine own but I see not how this can Charge me as intending to subvert the Laws of the Land but rather to preserve them The other concernes a Proclamation That none shall depart the Kingdom without License My Lords for that I have shewed that no man out of that Kingdom can come without License but upon very great Penalties I have shewed likewise it was the desire of their own Agents some 15 or 16 years since That there might be such a Restraint and none might come over without License I have shewed you likewise the Instructions to my Lord of Faulkland by which he was Commanded in persuance of that Desire that none should come over without his License I have shewed the express Command of His Majesty to me to have it so I have shewed you likewise the Reasons of State why it should be so to prevent that practice and Intelligence which might otherwise arise betwixt them of that Nation serving under Tir-Connell and O Neale and likewise to prevent the going over and transplanting the Prime Nobility and Gentry to Seminaries and other such places there to be brought up and therefore in reason of State it is a Restraint and ought so to be But having these grounds of Law Warrant Practice Former Instruction and all Why this should be brought to me in particular Charge to Convince me of endeavouring the Subversion of the Laws I must submit to your Lordships My Lords There is in the latter part of this another Charge concerning the Sentenceing of one Parry who was Sentenced as I conceive very Justly and I have no more to answer for in that Sentence then any of the rest having but a single Voice and that I should answer for all I confess is something hard But there is no manner of Testimony in the World in this save the Testimony of Parry himself Now if Parry the Man offended his Testimony shall be taken against the Judge I know no Man can be safe and other Testimony is not offered and therefore I trust that that will easily fall off of it self The 17th is likewise waved and is in Truth of no great Consequence one way or other and therefore I shall give no other Answer to it It was well waved and had been as well left out having no great matter in it The 18th is likewise waved but it is that which sticks very heavy upon me and wherein I find my self as much afflicted as in any one part of the Charge For my Lords here I am Charged up and down to endeavour to draw upon my self a Dependance of the Papists in both Kingdomes of Ireland and England and that I have during the time of my Government restored diverse Mass-Houses in Dublin and elsewhere
impeachment of the Earl of Strafford by the House of Commons whereby he stands charged with High Treason and your Lordships have heard his Defence with patience and with as much Favour as Justice would allow We have passed through our Evidence and the result of all this is that it remains clearly proved That the Earl of Strafford hath endeavoured by his Words Actions and Counsels to subvert the Fundamental Laws of England and Ireland and to introduce an Arbitrary and Tyrannical Government This is the envenomed Arrow for which he inquired in the beginning of his replication this day which hath infected all his Blood This is that intoxicating Cup to use his own Metaphor which hath tainted his Judgement and poisoned his Heart from hence was infused that specifical difference which turned his Speeches his Actions his Counsels into Treason not cumulativè as he exprest it as if many misdemeanors could make one Treason but formally and essentially It is the end that doth inform Actions and doth specificate the nature of them making not only criminal but even indifferent Words and Actions to be Treason being done and spoken with a Treasonable intention That which is given to me in charge is to shew the quality of the offence how hainous it is in the nature how mischievous in the effect of it which will best appear if it be examined by that Law to which he himself appealed that Universal that Supream Law Salus populi This is the Element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected How far it stands in opposition to this Law I shall endavour to shew in some considerations which I shall present to your Lordships all arising out of the evidence which hath been opened The First is this It is an offence comprehending all other offences here you shall find several Treasons Murthers Rapines Oppressions Perjuries The Earth hath a Seminary Virtue whereby it doth produce all Herbs and Plants and other vegitables There is in this Crime a Seminary of all evils hurtful to a State and if you consider the reasons of it it must needs be so the Law is that which puts a difference betwixt good and evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what dictates what decisions such Laws will produce may easily be discerned in the late Government of Ireland The Law hath a power to prevent to restrain to repair evils without this all kind of mischief and distempers will break in upon a State It is the Law that doth entitle the King to the Allegiance and Service of his People it entitles the People to the Protection and Justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said that the King subsisted by the field that is tilled it is the labour of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegiance will be taken away though the obligation remain The Law is the boundary the measure betwixt the Kings Prerogative and the Peoples Liberty whilst these move in their own Orbs they are a support and a security to one another the Prerogative a cover and defence to the Liberty of the People and the people by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must ensue If the Prerogative of the King overwhelme the Liberty of the People it will be turned into Tyranny if Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self they were a conquered Nation There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the world that have not been conquered and no doubt but the Conqueror may give what Laws he pleases to those that are conquered but if the succeeding pacts and agreements do not limit and restrain that Right What People can be secure England hath been conconquered and Wales hath been conquered and by this reason will be in little better case than Ireland if the King by the right of a Conqueror gives Laws to his People shall not the People by the same reason be restored to the right of th e Conquered to recover their Liberty if they can What can be more hurtful more pernicious to both than such propositions as these And in these particulars is determined the first Consideration The Second Consideration is this This Arbitrary Power is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish Ambition Usurpation and Oppression in great Men and to beget Sedition and Discontent in the People and both these have been and in reason must ever be causes of great trouble and alteration to Princes and States If the Histories of those Eastern Countreys be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford loose and observed from all rules of Government they will be found to be frequent in Combustions full of Massacres and of the tragical ends of Princes If any man shall look into our own stories in the times when the Laws were most neglected he shall find them full of commotions of civil distempers whereby the Kings that then Reigned were always kept in want and distress the People consumed with Civil Wars and by such wicked Counsels as these some of our Princes have been brought to such miserable ends as no honest heart can remember without horror and earnest Prayer that it may never be so again The Third Consideration is this The Subversion of the Laws and this Arbitrary Power as it is dangerous to the Kings Person and to his Crown so is it in other respects very prejudicial to His Majesty in His Honor Profit and Greatness and yet these are the Gildings and Paintings that are put upon such Counsels These are for your Honor for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules
It cannot be for the Honor of the King that His Sacred Authority should be used in the practise of Injustice and Opprssion That His Name should be applyed to patronize such horrid crimes as have been represented in Evidence against the Earl of Strafford and yet how frequently how presumptuously his Commands his Letters have been vouched throughout the course of this Defence Your Lordships have heard when the Judges do Justice it is the Kings Justice and this is for His Honor because He is the fountain of Justice But when they do Injustice the offence is their own but those Officers and Ministers of the King who are most officious in the exercise of this Arbitrary Power they do it commonly for their advantages and when they are questioned for it then they fly to the Kings Interest to His Direction And truly my Lords this is a very unequal distribution for the King that the dishonor of evil courses should be cast upon him and they to have the advantage The prejudice which it brings to him in regard of his profit is no less apparent it deprives him of the most beneficial and most certain Revenue of his Crown that is The voluntary Aids and Supplies of His People His other Revenues consisting of goodly Demeans and great Mannors have by Grants been alienated from the Crown and are now exceedingly diminished and impaired But this Revenue it cannot be sold it cannot be burdened with any Pensions or Annuities but comes intirely to the Crown It is now almost Fifteen years since His Majesty had any Assistance from His People and these illegal wayes of supplying the King were never prest with more Violence and Art then they have been in this time and yet I may upon very good grounds affirm That in the last Fifteen years of Queen Elizabeth She received more by the Bounty and Affection of Her Subjects then hath come to His Majesties Coffers by all the inordinate and rigorous courses which have been taken And as those Supplies were more beneficial in the Receipt of them so were they like in the use and imployment of them Another way of prejudice to His Majesties profit is this Such Arbitrary Courses Exhaust the people and disable them when there shall be occasion to give such plentiful Supplies as otherwise they would do I shall need no other proofe of this then the Irish Government under my Lord of Strafford where the Wealth of the Kingdom is so consumed by those horrible Exactions and Burdens that it is thought the Subsidies lately granted will amount to little more than half the proportion of the last Subsidies The two former wayes are hurtful to the Kings profit in that respect which they call Lucrum Cessans by diminishing his Receipts But there is a third fuller of mischiet and it is in that respect which they call Damnum emergens by increasing his Disbursements such irregular and exorbitant attempts upon the Liberties of the People are apt to produce such miserable Distractions and Distempers as will put the King and Kingdomes to such vast Expences and Losses in a short time as will not be recovered in many years We need not go far to seek a proof of this these two last years will be a sufficient Evidence within which time I assure my self it may be proved that more Treasure hath been wasted more loss sustained by His Majesty and His Subjects then was spent by Queen Elizabeth in all the War of Tyron and in those many brave Attempts against the King of Spain and the Royal Assistance which she gave to France and the Low Countries during all Her Reign As for greatness this Arbitrary Power is apt to hinder and impair it not onely at home but abroad A Kingdom is a Society of men conjoyned under one Government for the Common good The World is a Society of Kingdomes and States The Kings Greatness consists not onely in His Dominion over His Subjects at home but in the Influence which he hath upon States abroad That He should be great even among Kings and by His Wisdom and Authority so to incline and dispose the Affairs of other States and Nations and those great events which fall out in the World as shall be for the good of Mankind and for the Peculiar advantage of His own People This is the most glorious and magnificent greatness to be able to relieve distressed Princes to support his own Friends and Allies to prevent the Ambitious Designs of other Kings and how much this Kingdom hath been impaired in this kind by the late mischievous Counsels your Lordships best know who at a near distance and with a more clear sight do apprehend these publick and great affairs then I can do Yet thus much I dare boldly say that if His Majesty had not with great Wisdom and Goodness forsaken that way wherein the Earl of Strafford had put Him we should within a short time have been brought into that miserable condition as to have been useless to our Friends contemptible to our Enemies and uncapable of undertaking any great Design either at home or abroad A fourth consideration is That this Arbitrary and Tyrannical Power which the Earl of Strafford did exercise in his own Person and to which he did advise His Majesty is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the spring of Wealth to Valour which is the active Virtue whereby the prosperity of a Nation can only be procured confirmed and enlarged It s not only apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and puts such a malignity into it as produceth the effects of War We need seek no other proof of this but the Earl of Straffords Government where the Irish both Nobility and others had as little security of their Persons or Estates in this peaceable time as if the Kingdom had been under the rage and fury of War And as for Industry and Valour who will take pains for that which when he hath gotten is not his own or who fight for that wherein he hath no other interest but such as is subject to the Will of another The antient encouragement to men that were to defend their Countreys was this That they were to hazard their Person pro Aris focis for their Religion and for their Houses But by this Arbitrary way which was practised in Ireland and counselled here no man had any certainty either of Religion or of his House or any thing else to be his own But besides this such Arbitrary courses have an ill operation upon the courage of a Nation by embasing the hearts of the People A servile condition does for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillory and such servile Engines as were frequently used by the Earl of Strafford they may have the
the Conscience of the Judge in giving Judgment according to them In several Countries there is not the same measure of Punishment for one and the same Offence Willful Murder in Ireland it is Treason and so is the wilfull Burning of a House or a Stack of Corne In the Isle of Man it is Felony to Steal a Hen but not to steale a Horse and yet the Judge in Ireland hath as just a Ground to give Judgement of High-Treason in those Cases there as here to give Judgment onely of Felony and in the Isle of Man of Felony for the Hen as here of Pety-Larceny My Lords in the other Consideration of using the Supreame Power the same Law gives power to the Parliament to make new Lawes that enables the inferiour Court to Judge according to the old The Rules that guides the Conscience of the inferiour Court is from without the Prescripts of the Parliament and of the Common-Law in the other the Rule is from within that Salus populi be concerned that there be no wilful oppression of any of the Fellow-Members that no more Blood be taken then what is necessary for the Cure the Lawes and Customes of the Realm as well enable the Exercise of this as of the Ordinary and Judicial Power My Lords What hath been said is because that this proceeding of the Commons by way of Bill implies the use of the meer Legislative Power in respect new Lawes are for the most part past by Bill This my Lords though just and legal and therefore not wholly excluded yet it was not the onely ground that put the Commons upon the Bill they did not intend to make a new Treason and to Condemn my Lord of Strafford for it they had in it other considerations likewise which were to this effect First The Commons knew that in all former Ages if doubts of Law arose of great and general concernments the Parliament was usually consulted withal for resolution which is the reason that many Acts of Parliament are onely Declarative of the Old Law not Introductive of a New as the Great Charter of our Liberties The Statute of Five and Twentieth year of Edward the Third of Treasons The Statute of the Prerogative and of late the Petition of Right if the Law were doubtful in this Case they perceived the Parliament where the old way is altered and new Lawes made the fittest Judge to clear this Doubt Secondly My Lords they proceeded this way to obviate those Scruples and Delayes which through disuse of proceedings of this nature might have risen in the manner and way of proceedings since the Statute of the First of Hen. 4. Cap. 17. and more fully in the Roll number 144. The proceedings of Parliament have usually been upon an Indictment first found though in Cases of Treason particularly mentioned in the Statute of 25 Edw. 3. which had not been done in this case doubts likewise might rise for Treasons not particularly mentioned in the Statute of 25 Edw. 3. whether the Declaratory Power of Parliament be taken away in what manner they were to be made and by whom they find not any Attainders of Treason in Parliament for near this 200 years but by this way of Bill and again they know that whatsoever could be done any other way it might be done by this Thirdly In respect of the Proofs and Depositions that have been made against him for First although they knew not but that the whole Evidence which hath been given at the Barr in every part of it is sufficiently comprehended within the charge yet if therein they should be mistaken if it should prove otherwise use may justly be made of such Evidence in this way of Bill wherein so as Evidence be given in it 's no way requisite that there should have been any Articles or Charge at all and so in the case of double Testimony upon the Statute of the 1 of Edw. 6. whether one direct Witness with others to circumstances had been single or double Testimony And although single Testimony might be sufficient to satisfy private Consciences yet how far it would have been satisfactory in a judicial way where forms of Law are more to be stood upon was not so clear whereas in their way of Bill private satisfaction to each mans Conscience is sufficient although no Evidence had been given in at all My Lords The proceeding by way of Bill it was not to decline your Lordships Justice in the judicial way in these exigends of the State and Kingdom it was to Husband time by silencing those doubts they conceived it the speediest and surest way My Lords these are in effect the things the Commons took into their Consideration in respect of the manner and way of Proceeding against the Earl In the next place I am to declare unto your Lordships the things they took into their Considerations in respect of the Matter and Merits of the Cause and they are comprehended within these six heads 1. That there is a Treason within the Statute of 25 of Edw. III. by Levying of War upon the Matter of the 15th Article 2. If not by actual levying of War yet by advising and declaring his intention of War and that by Savil's Warrant and advice of bringing over the Irish Army upon the Matter in the 23 Article then intending of a War if not within the clause of levying of a War in the Statute of 25th Edw 3. yet within the first Treason of compassing the death of the King 3. If either of these two single Acts is within the Statute of 25th Edw. 3. yet upon putting all together which hath been proved against him that there 's a Treason within the first Clause of Compassing the death of the King Et si non Prosunt singula juncta juvant 4. That he hath Sessed and laid Soldiers upon the Subjects of Ireland against their Will and at their Charge within the Irish Statute of the 18th year of Hen. 6th that both Person and thing are within the Statute That the Statute remains in force to this day that the Parliament here hath cognizance of it and that even in the ordinary way of Judicature that if there be a Treason and a Traitor that the want of Jurisdiction in the judicial way may justly be supplied by Bill 5. That his endeavouring to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce a Tyrannical Government against Law is Treason by the Common-Law That Treasons at the Common-Law are not taken away by the Statute of 25th Edw. 3. 1 Hen. 4th c. nor any of them 6. That as this case stands it 's just and necessary to resort to the Supream Power in Parliament in case all the rest should fail Of these six five of them are Treason within the compass of the Laws already established Three within the Statute of 25th Edw. 3. and one within the Irish Statute the other by the Common-Law 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
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
by Act of Parliament not only since the first of Hen. 4. which were many but all before 1 Hen. 4. even until the 25 E. 3. by express words 2. By express words it takes away all declared Treasons if any such had been in Parliament Those for the future are likewise taken away so that whereas it might have been doubted whether the Statute of the 1 H. 4. took away any Treasons but those of the 22 d and 23 d years of R. 2. This clears it both for Treasons made by Parliament or declared in Parliament even to the time of making the Statute This is of great use of great security to the Subject so that as to what shall be Treason and what not the Statute of 25 E. 3. remains entire and so by consequence the Treasons at the Common Law Only my Lords it may be doubted whether the manner of the Parliamentary proceedings be not altered by the Statute of 1 H. 4. Chap. 17. and more fully in the Parliament Roll Number 144 that is whether since that Statute the Parliamentary power of Declaration of Treasons whereby the inferiour Courts Receive Jurisdiction be not taken away and restrained only to Bill that so it might operate no further then to that particular contained in the Bill that so the Parliamentary Declarations for after-times should be kept within the Parliament it self and be extended no further Since 1 H. 4. we have not found any such Declarations made but all Attainders of Treason have been by Bill If this be so yet the Common-Law Treasons still remaining there is one and the same ground of reason and equity since the 1 H. 4. for passing a Bill of Treason as was before for declaring of it without Bill Herein the Legislative power is not used against my Lord of Strafford in the Bill it s only the jurisdiction of the Parliament But my Lords because that either through my mistaking of the true grounds and reasons of the Commons or my not pressing them with apt agreements and presidents of former times or that perchance your Lordships from some other Reasons and Authorities more swaying with your Lorpships Judgments then these from them may possibly be of a contrary or dubious opinion concerning these Treasons either upon the Statutes of 25 E. 3. 18 H. 6. or at the Common-Law My Lords If all these five should faile they have therefore given me further in Command to declare to your Lordships some of their Reasons why they conceive that in this case the meer Legislative Power may be exercised Their reasons are taken from these three grounds 1. From the nature and quality of the Offence 2. From the Frame and Constitution of the Parliament wherein this Law is made 3. From Practices and Usages of former times The horridness of the Offence in endeavouring the overthrowing the Lawes and present Government hath been fully opened to your Lordships heretofore The Parliament is the Representation of the whole Kingdom wherein the King as Head your Lordships as the most Noble and the Commons the other Members are knit together into one Body Politick This dissolves the Arteries and Ligaments that hold the Body together the Lawes He that takes away the Lawes takes not away the Allegiance of one Subject alone but of the whole Kingdom It was made Treason by the Statute of 13. Eliz. for Her time to affirm that the Lawes of the Realm do not bind the Descent of the Crown no Law no Descent at all No Lawes no Peerage no Rankes or Degrees of men the same Condition to all It 's Treason to kill a Judge upon the Bench this kills not Iudicem sed Iudicium He that borrowed Apelles and gave Bond to return again Apelles the Painter sent him home after he had cut off his Right Hand his Bond was broken Apelles was sent but not the Painter There are Twelve Men but no Law there 's never a Judge amongst them It 's Felony to Imbezle any one of the Judicial Records of the Kingdom this at once Sweeps them all away and from all It 's Treason to Counterfeit a Twenty shillings piece here 's a Counterfeiting of the Law we can call neither the Counterfeit nor True Coyn our own It 's Treason to Counterfeit the Great-Seal for an Acre of Land no property hereby is left to any Land at all nothing Treason now either against King or Kingdom no Law to punish it My Lords If the Question were Asked at Westminster-Hall Whether this were a Crime punishable in Star-Chamber or in the Kings-Bench by Fine or Imprisonment they would say it went higher If whether Felony they would say that 's for an Offence only against the Life or Goods of some one or few persons It would I believe be answered by the Judges as it was by the Chief Justice Thurning in 21 R. 2. that though he could not Judge the Case Treason there before him yet if he were a Peer in Parliament he would so Adjudge it My Lords if it be too big for those Courts we hope it 's in the right way here 2. The second Consideration is from the Frame and Constitution of the Parliament the Parliament is the great Body Politick it comprehends all from the King to the Beggar if so My Lords as the Natural so this Body it hath power over it self and every one of the Members for the preservation of the whole It 's both the Physitian and the Patient If the Body be distempered it hath power to open a Vein to let out the corrupt blood for curing it self if one Member be Poysoned or Gangred it hath power to cut it off for the preservation of the rest But my Lords it hath often been inculcated that Law-makers should imitate the Supreme Law-giver who commonly warnes before he strikes The Law was promulged before the Judgment of death for gathering the Sticks No Law no Transgression My Lords To this rule of Law is Frustra legis auxilium invocat qui in legem committit from the Lex talionis he that would not have had others to have a Law Why should he have any himself Why should not that be done to him that himself would have done to others It 's true we give Law to Hares and Deers because they be Beasts of Chase It was never accounted either cruelty or foul play to knock Foxes and Wolves on the head as they can be found because these be Beasts of Prey The Warrener sets Traps for Polcats and other Vermine for preservation of the Warren Further my Lords most dangerous Diseases if not taken in time they kill Errors in great things as War and Marriage they allow no time for repentance it would have been too late to make a Law when there had been no Law My Lords for further Answer to this Objection he hath offended against a Law a Law within the endeavouring to subvert the Lawes and Polity of the State wherein he lived which had so long and with such
and Statutes made by these our Ancestors they are the Rules we go by in other Cases Why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships Upon the Close of Mr. St. Iohns Speech the House Adjourned nor was there one word spoken but by Master St. Iohns onely the Lord Lieutenant used the last part of his Rhetorick and by a dumb Eloquence Manibus ad sydera tensis often holding up his hands towards Heaven all along Mr. St. Iohns Speech made his Replies with a deep silence Upon Fryday April the 30th he Petitioned the Lords to be heard again alleadging That his Lawyers had not fully spoken at their last meeting but this was denyed him because the House of Commons were to have the last Speech nor were they content to speak again The following SPEECH of Mr. Glyns is by a Mistake Misplaced for it ought to be next to my Lords Summary of the Evidence Mr. GLYN'S REPLY TO THE Earl of Strafford's DEFENCE My Lord of Strafford having concluded the Recapitulation of his Evidence Mr. Glyn applyed himself to their Lordships in manner following May it please your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any we shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Laws of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hath made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships looking upon your Notes and observing his recollection that he hath used the repetition of Evidence on both sides in such manner as you know who useth Scripture that is to cite as much as makes for his purpose and leave out the rest And likewise that in repetition of the Evidence he hath mis-recited plainly very much of the proofs on both sides and likewise hath pretended some proofs to be for his Defence which indeed were not and he hath taken this farther advantage when it makes for his Defence he hath disjoynted the Proofs and Testimonies and severed them asunder that it might appear to your Lordships like Rain falling in drops which considered in distinct drops bring no horror or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the face of the earth He would not have your Lordships look on those Testimonies together but distinctly and asunder which being put together look horrid as will appear to your Lordships when you duly consider of them These be the general observations which in my Answer I doubt not but to make good But before I shall enter into observations of what he hath spoken I shall answer in general to some things which he hath in general alledged In the first place he hath made a flourish this day and several other days in the way of his Defence That if he could have had longer time he could have made things appear clearer and have produced more proofs Give me leave to inform your Lordships that he is no way streightned of time for he hath been charged above three months since he knew what was laid to his Charge and therefore his pretence of want of time and of his disabilities to make better proofs are but flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though he fetched it from Ireland there is not one wanting he hath copies of Papers from the Council-Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that flourish that if he had had time he could have made it more clear My Lords He hath mentioned often this day and oftner the days before That many of the Articles laid to his charge are proved but by one Witness and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for High Treason without two witnesses My Lords This is a fallacy known to his own breast I doubt not and not taught him by any of his Counsel or others Learned The Treason laid to his charge is The subverting of the Laws the Evidence is the Article proved and though some one Article appears to be proved but by one yet put the Evidence together you shall never find it to be within the words or meaning of the Statute for the Charge is proved by a hundred Witnesses and because one part of the Evidence is proved only by one Witness since when you put them together you will find a hundred Witnesses it is not within the words nor meaning of the Statute neither will his Counsel direct him to say so I am confident My Lords another observation I shall be bold to make is that he was pleased to cast an aspersion as we must apprehend upon them that are trusted by the House of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved He might have pleased to have spared that language we stand here to justify our selves that we do not use to express any language
the Subject but then he goes into Ireland and as his authority increases so he ampliates his design and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principal City of Ireland presented the Mayor upon a solemn Speech and Discourse concerning the Laws and Liberties as your Lordships know that is the subject matter of a Speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordship observe the words he then used They were a conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the Kings pleasure I am to seek if I were to express an Arbitrary Power and Tyrannical Government how to express it in finer words and more significant terms than these That the people shall be governed at the Kings Will that their Charters the sinews and ligatures of their Liberties Lands and Estates should be nothing worth and bind no longer than the Kings pleasure especially being spoken upon such an occasion and the words proved by two or three Witnesses of credit and quality From thence we descend to Articles that shew the execution of his purpose There are three things a man enjoys by the protection of the Law that is his Life his Liberty and his Estate And now my Lords observe how he invades and exercises a Tyrannical Jurisdiction and Arbitrary Government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peer of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoeve he pretends himself not to be a Judge in the cause yet how far he was an Abettor and Procurer and Countenancer and drawer on of that Sentence your Lordships very well remember he was sentenced to death without Law for speaking words at a private Table God knows of no manner of consequence in the world concerning the treading upon my Lord of Strafford ' s Toe the Sentence procured seven months after the words spoken and contrary to Law and himself being put in mind of it my Lord Mountnorris desiring to have the benefit of the Law and yet he refusing it And then it was in time of Peace when all the Courts of Justice were open and to sentence a man to death of that quality my Lord of Strafford himself being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends His Authority by a Letter from His Majesty I shall in due time give a full answer to that so that it shall rise up in judgement against him to aggravate his offence and that in a great measure Here he exercises a Power over Life his excuse was That he procured a Pardon from my Lord Mountnorris but the Power was exercised and the Tyranny appeared to be the more He would first sentence him to death and then rejoyce in his Power that he might say There remains no more but my command to the Provost Marshal to do execution To exercise a power over his life and to abuse him afterwards is very high but no thanks to him that the sentence of death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in this thoughts that he might hang the Kings Subjects when he would and then get a Pardon of course for it The Lord bless me from his jurisdiction My Lords give me leave to goe back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee divolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's inheritance and that which he ought to enjoy he tels him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was in my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord Deputy my Lord Deputy himself judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a mans private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article we produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgement against him but I had not mentioned it now if he had not mentioned it
Rates was procured within a month of the Patent but God knows whether it were not within the compass of his intentions to take the Patent and therefore whether he were not the Instrument of raising Rates it rests in your Lordships judgement and all that hear me I am sure the benefit redounded to himself and so here is an Arbitrary Government in imposing and forcing to pay for that I desire your Lordships to take with you and he might as well have raised nineteen shillings on a pound as nine pence or three pence by the same rule of Law The next Article in number was the Eleventh and I would be glad my Lord had not mentioned it it concerns the Pipe-staves wherein he pretends he did the King great service and that he sayes was the reason of our passing over it but that was not the reason it had been a foul business if we had opened it but having enough besides we made not use of it for the substance of the proofs by multiplicity of Witnesses had been that the parties themselves that bought the Pipe-staves for four pound odd money were fain to sell them to his Instruments for six pounds and after to buy them again for ten pounds else there must be no Licence to export them but that I would not have mentioned if he had let it slip over I come to the Twelfth Article and that is concerning the Tobacco wherein he pretends the Kings service and if my memory fail me not the desire of the Parliament that he should take this into his hands for the King My Lords Therein under his favour he hath mis-recited the Evidence and spoken that he cannot justify for he can shew no such desire of the Parliament It is true there was a desire of the Parliament that the King would be pleased to take his Customs into his hands for the advancement of his Revenue that it might go to maintain himself and he might not be abused and others live by it but to take the Tobacco into his hands he never did nor can produce a witness to prove such their desire and therefore under favour he fixes a wrong upon the Parliament and injures your Lordships by his reciting that he neither did nor can make good for there was no such thing But if you observe the course he takes he makes Proclamation to hinder the importing of Tobacco into Ireland that if it be imported it must be sold to him at his own rate and by this means he first hinders the liberty of the Subject from doing what the Law allows him and so takes on him an Arbitrary Power And Secondly he ingrosses this commodity to himself deceiving His Majesty to whom he professeth so much fidelity for whereas there is 5000 l. Rent to the King he by the computation of Merchants receives near 14000 l. a year And because their computations are not always true I do not care if I allow him 40000 l. mistaken and then he will gain near 100000 l. so that if he intends the Kings benefit it is wonder he told not His Majesty of the great profit that might thereby have risen and let him partake of it as in Justice he should have done according to the Trust reposed in him but you have heard of no such matter And surely my Lord of Strafford would not have omitted it if it had been for his advantage especially in this presence where he omits nothing to clear himself or to insinuate with His Majesty Now I come to the Thirteenth Article the Article concerning Flax which I know is fresh in your Lordships memories and I believe will be so in the memories of the Subjects of Ireland for many years how he ingrossed it into his hands and interrupted the Trade of the poor People whereby such miseries and calamities befell many of that Nation that as you have heard it proved thousands dye in ditches for want of Bread to put in their mouths And whereas he pretends that this was proved but by one witness and that man to be imprisoned and of no credit though he was his own instrument your Lordships remember Sir Iohn Clotworthy his testimony and anothers and his own Warrant produced and acknowledged here to justify the execution of it and such a thing was thereby taken into his own hands that I profess I never heard the like that the poor people should be constrained to use their own as he pleased and that pleasing of himself laid an impossibility on the people to execute his pleasure which was a bondage exceeding that of the Israelites under the Egyptians for there was not laid so much upon the Children of Israel but there was a possibility to perform they might with much labour perchance get stubble to burn their Brick but the Natives here must have a charge laid upon them without possibility to perform and the disobedience must cost them no less than the loss of their Goods which drew with it even the loss of their lives for want of bread This was not proved by only one witness but by many And your Lordships remember the remonstrance of that Parliament of Ireland which declares it to a greater height than I have opened it The Fifteenth Article is that of Levying War upon the Kings Subjects expresly within the Statute of 25 Edw. 3. and 18 H. 6. Your Lordships have heard the Warrant proved by the party himself to whom it was directed whereby Power was given to lay Soldiers upon any party that did not obey my Lord of Straffords Orders at the Council Table but not to circumscribe him to a certain number but the Sergeant at Arms and his Ministers might lay as many as they would It is true this Warrant was not it self produced but a copy was offered which was not read and therefore I will not offer it to be proved but the party that executed the Warrant it self proves it to be under the Hand and Seal of my Lord of Strafford he proves the express authority of it which was to the effect I opened three or four more who saw and read it proved the same and that it was under the Hand and Seal of my Lord of Strafford that accordingly it was executed upon divers of the King's Subjects it was proved by three witnesses expresly in the point how by colour of this Warrant the Sergeant at Arms and his Officers sent Soldiers to lye in the Houses and Lands of the Kings Subjects how the Owners were thereby forced out from their own Habitation how their Goods were wasted and devoured their Corn and Victuals eaten up and the Soldiers never left them as long as any part of their Estates remained to maintain them My Lord of Straffords defence is That it hath been used before his time in Ireland wherein he hath again mis-recited for he did not offer a proof nor a particle of a proof that ever any man did know Soldiers laid upon any party for refusing to
to Sir William Pennyman in pursuance of which he made his Warrant That it was the assent of the Lords of the great Council that this Money should be levied and taking all together whether it fixes it not upon him to be the Author and Instrument it rests in your judgements in point of fact and so I suppose the Seven and twentieth Article rests on him and so I shall conclude the Evidence produced on the behalf of the Commons And now give me leave to put your Lordships in mind of some Evidences offered by my Lord Strafford himself in his Answer and in the passages of his Defence for his clearing and justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the Estates of the Peers of the kingdom of Ireland and determining them upon Paper Petitions in an Arbitrary way your Lordships have heard him speak it before and repeat it this day That he did it out of compassion for the more expeditious proceeding on behalfe of the poor against these mighty But then my Lords I beseech you compare some other part of his proceedings Your Lordships remember the business of the Flax which concerns the poor wholly and universally and if compassion had been the rule and direction of his actions towards the poor surely this would have been a just cause to have commiserated them in this case but he exercised his power over them and over them wholly and over them universally and therefore it shews it is not his compassion to the poor nor respect to the rich or mighty that will any way restrain or obstruct his ways to his own Will And thefore you may see what truth there is in his answer by comparing one part of the charge with another when the business of the Flax brought that calamity upon the Kings Subjects that thousands of them perished for lack of Bread and dyed in Ditches Secondly Your Lordships have often heard him use a Rhetorical insinuatian wondring that he should be charged with words and they strained so high as to be made Treason to question his Life and Posterity though the words might be spoken unadvisedly or in discourse or by chance Your Lordships remember the Fifth Article touching his proceedings against my Lord Mountnorris where words were spoken in an ordinary discourse at dinner and slight ones God knows of no consequence at all such as another man would scarce have harkened after and yet my Lord extends them to the taking away of my Lord Mountnorris his life gets a sentence of death against him and that against Law with a high hand in such a manner as I think your Lordships have not heard the like and therefore I beseech you compare one part of his Answer with another and see how ready he is to make use of any thing that may excuse himself and yet when he comes to act his power you see his exercise of it You have heard how he magnifies his Zeal for advancing the Kings Benefit and Revenue and his care of his Service and would shelter and protect himself under it to justify an exorbitant action but if your Lordships call to mind the business of the Customs for Tobacco which in truth were the Kings right and due and a great profit was thereby advanced and he trusted to advance it The King must loose of his former Rents in the case of Custom and received a small Rent in the case of Tobacco my Lord himself in the mean time imbursing such vast sums of Money where is then the discharge of his Trust where is his care to advance the Kings Rents to increase his Revenue Compare that part of his Answer with this and see what credit is to be given to his affirmation My Lords throughout the passages of his discourse he insinuates and never more than this day with the Peers of the Realm magnifying them almost to Idolatry and yet my Lords when he was in his Kingdom in Ireland and had power over them what respect shewed he then to the Peers of the Kingdom when he judged some to death trampled upon others in misery committed them to prison and seized on their Estates where then was the Peerage he now magnifies And to shew it was an insinuation for his own advantage you may remember when there was an unlawful Act to be committed that is the levying of Money in the North What regard had he then to the Peers of the Kingdom when he comes to justify and boulster up High Treason it self under the name and authority of the Great Council where most of the Peers of the Realm then were and so by this time I know what credit your Lordships give to his words spoken when he lies under your Mercy and Power but what do I speak of the Peers of the Kingdom and his using of them My Lords he spared not his Sovereign His Majesty in His whole Defence for being charged with offences of a high nature he justifies those offences under the pretence and under the authority of His Majesty our Gracious King and Sovereign even Murther it self in the Case of Denwit and my Lord Mountnorris Treason it self in the Fifteenth Article by a Command in Ireland and in the Seven and twentieth by a pretended authority from His Majesty in the face of His People he justifies my Lord Mountnorris his sentence by a Letter from His Majesty Denwits Sentence by a Commission from His Majesty and he read three or four clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a Witness to produce against him which I will not examine but refer it to his own Conscience that is The Petition of Right that the Kings Servants are to serve him according to Law and no otherwise he very well knew if an unlawful act be committed especially to a degree of Treason and Murder the Kings Authority and Warrant produced is no justification at all So then my Lords to mention the Kings name to justify an unlawful act in that way can do him no good and his own understanding knows it may do the King harm if we had not so Gracious a King that no such thing can do harm unto But my Lords to produce the Kings Warrant to justify his actions under his Patent and Command what is it else but so far as in him lies in the face of his people to raise a cloud and exhale a vapour To interpose betwixt the King and his Subjects whereby the splendor of his Glory and Justice cannot be discovered to his people My Lords what is it else when the people make complaint against the Ministers that should execute justice of their oppression and slavery and bondage For the Minister when he is questioned to justify this under the Kings Authority what is it I say but as much as in that Minister lies
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
correspondency with and bringing in of Signior Georgio Parsons the Oratorian Priest by whose direction this Priest being at Paris left wearing of Priests Cloaths and went in the Habit of a Gentleman and because he had a shaven Crown therefore he wore a Periwig and Father Philips directed all those that sent to write to him as to an Italian Gentleman desirous to see these Kingdoms and by Father Philips's direction he afterwards came hither who did here contrive for the space of two years practising great and dangerous Innovations from place to place and then having dispatched his business returns to Rome with great Presents from the Catholicks of the greater sort XII Whereas it hath pleased God to bless us with a hopeful Prince to the comfort of our King and Kingdom yet the said Father Philips hath attempted to traduce his tender years to Popery but God hath prevented him of his purpose and let us pray to God to preserve that Royal Race from Popery and the whole Land from all Innovations that Our Gracious King may rule Gloriously and the whole Land live in peace to the Honor of God and Comfort of us all Amen Resolved That Mr. Henry Peircy in the Months of March and April last in the Parish of St. Martins in the County of Middlesex did compass Plot and Conspire with others to draw the Army together and imploy the same against the Parliament and by force and dread thereof to compel the Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the Parliament The like Resolution in the same words concerning Mr. Iermin Sir Iohn Suckling c. Resolved That in pursuance of the said Design the said Henry Peircy by the Plot and Combination aforesaid did endeavour to perswade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Wilmot Ashburnham Berkley Pollard and Daniel O-Neal that they were disobliged by the Parliament thereby to incense them and to affect them against the Parliament and did hold divers consultations with the said parties to effect the said wicked and dangerous Design and to that purpose did set down in Writing certain Propositions to the effect as followeth viz. The preserving of Bishops in their Functions and Votes The not Disbanding of the Irish Army until the Scots were Disbanded And the endeavouring to settle the Kings Revenue to the proportion it was formerly Resolved That the said Henry Peircy did in pursuance of the Plot and Combination aforesaid and for the more secret carriage thereof administer to the said parties a wicked and unlawful Oath whereby they did swear upon the Holy Evangelists not to reveal any thing that was spoken concernig the business that was in Consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken by them from the Secresie enjoyned by the said Oath Resolved That the said Henry Peircy at the time of the said Oath was taken and at divers other times did propound and endeavour to perswade the persons before-named and other Officers of the said Army to put the said Army into a Warlike posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will and he with Suckling c. did endeavour to work a belief in the said Army that the King and Parliament would disagree and so to persuade them to adhere to His Majesty against the Parliament and said that all the French about the City of London would assist them and to the great scandal of the King That the Prince and the Earl of Newcastle were to meet the Army at Nottingham with a Thousand Horse and that Suckling to encompass the Design of gaining the Tower did contrive that 100 Men under Capt. Billing sley should be designed for that purpose when the opportunity was offered To the end the City of London should not be able to make any resistance when the said Army should come up according to the forementioned Design and Suckling by the means and Plot aforesaid did thereby endeavour that the Earl of Strafford then Prisoner in the Tower might the better incompass his escape That Berkley and O-Neal being questioned did flye for the same Resolved That upon the whole matter Mr. Pierce shall be charged with High Treason the like for Iermin and Suckling That 3000 l. of the Pole-money be paid to Col. Goring for the use of the Garrison of Portsmouth Resolved That Col. Goring in his Depositions concerning this Discovery hath done nothing contrary to Justice and Honour but hath therein deserved very well of the Commons of this House Friday the 7th of May the Lords passed the Bill of Attainder as also the Bill for the Continuance of this present Parliament Saturday the 8th of May Mr. Hotham was sent with a Message to the House of Lords to desire their Lordships to joyn with them to move His Majesty for his Consent to the Bill of Attainder in regard the peace of the Ringdom doth so much depend upon the execution of that Bill which had passed both Houses and accordingly a certain number of the House of Peers were sent unto His Majesty to acquaint him therewith and also with the Bill for the Continuance of this present Parliament The House being informed That Ships were ready to be put to Sea but that Mariners could not be got It was the same day Resolved That a Bill should be drawn to enable the Pressing of Mariners for a certain time the House being very tender of bringing the way of Pressing into example by a Law Sunday the 9th of May the King called His Privy Council together at Whitehall and propounded several scruples unto them concerning that Bill some of the Judges and Bishops were present also to whom His Majesty imparted his doubts and had their opinions therein In Fine His Majesty gave Order for a Commission to impower the Earl of Arundel the Lord Privy Seal and two other Lords to give his Assent to the Bill for the Execution of the Earl of Strafford upon Wednesday following as also to the other Bill for the continuance of this present Parliament Monday the 10th of May the Commission passed the Great Seal accordingly and the Commons were sent for to the House of Lords to be present at the giving the Royal Assent to both those Bills The same day His Majesty sent a Message to both Houses that the Irish Army should be instantly disbanded and that he would that night dispatch an Express for the expediting thereof It was hereupon moved That Mr. Treasurer be desired by the House of Commons to return their Humble thanks to His Majesty and to assure him that they would make him as Glorious a Potentate and as rich a Prince as any of His Predecessors His
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
Straffords Defence Lord Cottington a Witness E. of Strafford Lord Cottington a Witness E. of Strafford Lord Cottington a Witness Sir Arthur Ingram a Witness E. of Strafford E. of Strafford Lord Dillon a Witness E. of Strafford Mr. Maynard's Reply Article XII Charge Mr. Maynard Proclamation Proclamation Mr. Maynard Mr. Crosby Witness Mr. Maynard Mr. Allen. Winness Mr. Welsh Witness Mr. Gough Witness Patrick Gough Witness E. of Strafford Mr. Maynard Mr. Glyn. Mr. Blunkett Witness E. of Strafford Mr. Glyn. Mr. Crosby Mr. Maynard Mr. Maynard Mr. Gibson Mr. Slings by E. of Strafford Lord Robert Dillon E. of Strafford Mr. Gibson Mr. Maynard Mr. Gibson Article XIII Charge Benjamin Croky Witness Sir Iohn Clotworthy Witness E. of Strafford L. Rainalaugh Sir Iohn Clotworthy Witness L. Rainalaugh Witness Mr. Gough Witness Mr. Firzgarret Witness Mr. Maynard Mr. Maynard Mr. Glyn. Article XV. Charge Mr. Palmer Mr. Savill Witness Mr. Glyn. Mr. Savill Mr. Palmer Mr. Savill Mr. Maynard L. Strafford Mr. Palmer Mr. Pym. Mr. Savill Witness Mr. Palmer L. Steward Mr. Palmer Mr. Savill Gough Witness Richard Welsh Witness Patrick Cleare Witness Nicholas Ardah Witness Berne Witness Mr. Palmer Mr. Maynard Mr. Kennedy Mr. Palmer Mr. Little Witness Mr. Palmer Mr. Maynard Lord Strafford Lord Rana laugh Mr. Palmer Mr. Palmer E. of Strafford Defence Lord Dillon Mr. Palmer E. of Strafford Lord Dillon Tyrringham Conley Witness Henry Dillon Tyrringham Ranailaugh Strafford Palmer E. of Strafford E. of Strafford Mr. Palmer Mr. Pym. Mr. Palmer E. of Strafford Ardah Witness Savill Witness Dillon Witness E. of Strafford Mr. Palmer Reply Sir Arthur Tyrringham Article XVI Charge Iohn Loftus Witness Wade Witness Lorky Witness Richard Wade Witness Mr. Palmer Lord Roche Witness E. of Strafford Nash Witness Parry Witness E. of Strafford Mr. Palmer Afterwards His Majesties Attorney-General Linch Witness Fitz-gerard Witness Mr. Palmer E. of Strafford E. of Strafford Mr. Riley Witness Mr. Maynard Mr. Ralton E. of Strafford Mr. Gibson Dillon Wit ness Mr. Maynard Mr. Maynard E. of Strafford Mr. Wether inge Ralton E. of Strafford Slingsby Witness Little Witness E. of Strafford Mr. Palmers Reply Mr. Palmer Torky Witness E. of Strafford E. of Strafford Richard Wade Witness Patrick Gough Witness Mr. Glyn. Article XIX Charge Mr. Maynard Mr. Maxwel Mr. Whitlock Sir Iohn Clotworthy Witness Mr. Whitlock Mr. Salmon Witness Iohn Loftus Witness Mr. Whitlock Defence E. of Strafford Robert Lord Dillon Witness Manwaring Sir Adam Loftus Witness Maynard Whitlock E. of Strafford Mr. Slingsby Witness Trueman Witness Little Witness Ralton Sir Philip Manwaring Witness Robert Lord Dillon Witness Sir Adam Loftus Witness Sir Philip Manwaring Witness Whitlock's Reply Mr. Whitlock Mr. Maynard Stroud E. of Strafford Stroud E. of Strafford Article XX. Charge Article XXI Charge Article XXII Charge Artic. XXIII Charge Art XXIV Charge L. High Steward Whitlock E. of Strafford Whitlock Maynard L. H. Steward Mr. Whitlock E. of Strafford Mr. Maynard E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Traquair Mr. Whitlock E. of Traquair Mr. Palmer Mr. Maynard E. of Strafford E. of Traquair E. of Strafford L. Digby Mr. Glyn. E. of Strafford Mr. Glyn. E. of Traquair Mr. Whitlock E. of Strafford Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Strafford L. H. Steward E. of Morton Mr. Whitlock Mr. Whitlock E. of Traquair Witness Mr. Glyn. Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Strafford Mr. Whitlock E. of Northumberland Witness Bish. of London Witness Mr. Barnewell Witness Mr. Whitlock Archbishop of Armagh Witness L. Conway Witness Sir Henry Vane Witness Mr. Whitlock Sir Ro. King Witness L. Ranalaugh Witness L. Ranalaugh Witness Mr. Whitlock Mr. Maynard Sir Thomas Barrington Witness King Witness Ranalaugh Witness Mr. Whitlock Sir Tho. German Witness E. of Bristol Witness E. of Holland Witness Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Clare L. H. Steward Mr. Maynard Mr. Whitlock E. of Strafford Mr. Glyn. E. of Strafford Slingsby Witness E. of Strafford Marquis Hamilton Witness Mr. Slingsby Witness Sir George Wentworth Mr. Maynard E. of Strafford L. Treasurer Witness Mr. Maynard L. Treasurer Witness L. Cottington Mr. Maynard L. Cottington Mr. Maynard L. Cottington Marq. Hamilton Witness E. of Strafford M. Hamilton L. Goring Witness Mr. German Witness Mr. Glyn. L. Treasurer L. Cottington E. of Strafford Mr. Whitlock's Reply L. Conway Mr. Maynard Mr. Maynard Mr. Glynn L. Cottington Mr. Glynn Mr. Pym. Artic. XXV Charge Mr. Maynard L. Treasurer Tho. Wiseman Witness Tho. Wiseman Witness E. of Berkshire Garaway Lord Mayor of London E. of Strafford Garaway Defence of the E. of Strafford Mr. Glyn. Art XXVI Charge Robert Edwards Witness Palmer Witness Mr. Maynard Mr. Maynard Mr. Henley Witness E. of Straffords Defence I. Cottington Witness Mr. Maynard Mr. Maynards Reply Mr. Whitlock Mr. Strowd Garaway Witness Mr. Glyn. Mr. Strowde Art XXVII Charge Mr. Maynard Sir Hugh Cholmeley Witness Sir Henry Cholmley Witness Hotham Witness Stapleton Witness L. Wharton Witness Pennyman 〈◊〉 Mr. Maynard Griffin Witness Lord Clare Mr. Glyn. Mr. Strickland Witness Burroughes Witness Cholmeley Witness Dowsen Witness Pierson Witness Ingram Witness Griffin Witness Cholmley Witness Mr. Maynard E. of Straffords Defence Neale Witness Osborne Witness Mr. Maynard Pennyman Witness E. of Strafford L. Wharton L. Wharton Pennyman Witness Mr. Maynard Mr. Glynn Mr. Maynard E. Strafford Pennyman Witness Savill Witness Pennyman Witness Osborne Witness Savill Witness Rhodes Witness Danby Witness Mr. Maynard Wentworth Witness E. of Strafford Strickland Witness Edw. Osborne Wil. Pennyman E. of Strafford Mr. Maynard Cholmeley Witness E. of Strafford Mr. Glyn. Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Maynard Mr. Glyn. Mr. Maynard Mr. Glyn. Object Answ. Object Answ. Owen ' s Case of Sandwich in Kent The House of Commons Adjourned upon this Speech of the Kings in some dissatisfaction May the 3. the Commons having a Plot discovered fall into the Debate thereof And the same day Resolve upon a Protestation The Preamble to the Protestation The Commons send a Message to the Lords concerning the Plot. And desire a Select Committee to take Examinations upon Oath And that no Servant of the King or Queens Majesty departs the Kingdom till they be examined And sent a Letter to the Army to assure them of the Parliaments care of them The Commons past several Resolves These Resolves and the Protestation commuicated to the Lords Mr. Hollis his Speech in a Message to the Lords about the Plot. Multitudes of people flock to Westminster crying Iustice Iustice c. The people assemble again in multitudes which the Lords communicate to the Commons at a Conference And communicates the Petition of the multitude as followeth Desiring Justice and Execution upon the Earl of Strafford To be secured against Plots And against a Garrison newly put into the Tower To make way forth Earl of Straffords escape The Lords send Six Peers to the Tower to inquire of this business The Lieutenant said he had His Majesties Command to receive 100 men The Lords at the Conference declared That the Tumults hindred their proceeding upon the Bill of Attainder The Lords took the Protestation And the multitudes departed A Bill for the continuance of the present Parliament twice read The Earl of Straffords Letter to the King A great Hubbub in the City Conspirators fled The Queen desigas to goe to Portsmouth Proclamation to call in the Conspirators A Letter to prevent the design to engage the Army against the Parliament sent to Sir Iacob Ashly and Sir Iohn Conyers The Plot consisted of thre heads Capt. Bilingsly his Examination that he had Orders to get 100 men into the Tower The Earl expostulates about his escape Examination of three Witnesses more as as to the Earls escape Col Gorings examination about the Plot. Mr. Peircy his better against the Plot. Father Philips his Letter against the Parliament Earl of Holland General of the Army Father Philips to be sent for He appears Several Votes against Ar. Peircy about the Plot. Barkley and O-Neal are fled Mr. Peircy charged with High Treason A Vote to vindicate Col. Goring Bill of Attainder and for continuance of the Parliament passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder To Press Mariners The King Judges and Bishops consult about Strafford The King gives Warrant for a Commission to give His Assent to the Bill for execution of the Earl of Strafford The Royal Assent given this day and the Bill passed The King consents that the Irish Army should be instantly disbanded Thanks returned to His Majesty The Earl of Strafford's Petition to the House of Peers The Bill of Attainder * This Proviso hath occasioned the common discourse and opinion that this Judgment against the Earl was Enacted never to be drawn into President The Kings Letter on behalf of the Earl of Strafford Twelve Lords sent to the King QueenMother The Earl of Strafford brought to the Scaffold His Speech His Majestys Propositions tothe House of Commons touching Supply See page in the First Part of Historical Collections The Charge of the Scotch Commissioners presented to the Parliament The description of his Person and Family Mr. Slingsby's Interment His Extraction and Education
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
also the very same which were presented before in the Upper House Some gave the reason of this because the House of Commons had not heard those Accusations in Publick before Others that the formality of the Process required no less however that day was spent in that Exercise The Queen went from the House about Eleven of the Clock the King and Prince staid till the meeting was dissolved which was after Two The Lieutenant was sent to the Tower by his Guard and appointed to return upon Tuesday at Nine of the Clock in the Morning The crowd of people was neither great nor troublesome all of them saluted him and he them with great humility and courtesie both at his Entrance and at his Return therefore let Fame pretend what it please about the malice and discontent of the Multitude That if he pass the stroke of Iustice they will tear him in pieces yet there is more in Rumor than in Sight and Appearance and in this Report as in all others of this nature more is thrust upon the Vulgar who seem as well fearful of Punishment as exempt from it for all their great number than they did justly deserve at this time Monday March 22. 1640. Post Merid. The House of Commons spent the Forenoon in the first days Trial of Thomas Earl of Strafford in Westminster-Hall But in the Afternoon the House Ordered That in case the Earl of Strafford shall ask leave or shall have liberty given him to speak any thing by way of Defence before such time as the Members appointed to manage the Evidence shall enter into the managing of their Evidence that then they shall Interpose and if so be that notwithstanding such Interposition the Lords shall give him leave so to speak that then they shall forbear to proceed any further in the managing of their Evidence until they have Reported unto the House and received further Order from them Ordered That the House shall meet to morrow in Westminster-Hall as a Committee and that the House sit to morrow in the Afternoon at Two of the Clock Ordered That the Committee formerly appointed shall attend at the doors at the Entrance of the place prepared for the Committee of the House of Commons at the Trial of Thomas Earl of Strafford Tuesday March 23. 1640. Post Merid. Sir Philip Stapleton went up to the Lords with this Message To desire a free Conference by a Committee of both Houses concerning their joyning with this House to Petition His Majesty To disband the new-levied Irish Army Disarming the Papists Recusants and the removal of Papists from Court especially those formerly named viz. Mr. Walter Montague Sir Kenelme Digby Sir Iohn Winter and Sir Toby Mathew Sir Walter Earle and Mr. Reynolds are to manage this Conference and are to move the Lords to appoint a Petition to His Majesty and are to inforce their desire of removing the Papists from Court by that Circumstance of Mr. Walter Montagues appearing Yesterday before both Houses at the Trial of the Earl of Strafford Ordered That the House meet as a Committee in Westminster-Hall at Eight of the Clock and in the House at Two in the Afternoon which they are constantly to observe De die in diem during the Trial. The House does Expect that all the Members of the House should conform themselves to the Order made for Regulating matters at the Trial of Thomas Earl of Strafford and that the Committee appointed for that business shall complain of any that Conform not thereunto Wednesday March 24th 1640. Post Merid. Ordered That Mr. Treasurer and Mr. Comptroller move His Majesty That the Committees for the Earl of Strafford may have the perusal of Sir Edward Cook 's Pleas of the Crown Ordered That no Member of the House shall stand in the place appointed for the Earl of Strafford's Witnesses at the time of his Trial unless they be such as by the said Earl be required to be there as Witnesses Ordered That Sir Henry Mildmay move the Lord High Chamberlain that the door at the Entrance in at the Room appointed for those that manage the Evidence at the Trial of Thomas Earl of Strafford be kept shut and that there be some other passage for the Members to come into the House at and Captain Charles Price is added to the Committee appointed to Regulate matters at the Trial of Thomas Earl of Strafford Ordered That no Member of the House Confer with the Earl of Strafford during the time of the Trial. Thursday March 25th 1641. Post Merid. Ordered That the Committee appointed to manage the Evidence at the Trial of Thomas Earl of Strafford shall have liberty to proceed upon such Articles as they shall think most Important for the speediest expediting of the Trial and to contract and proceed in such manner as they shall think most expedient Ordered That the Committee for the Earl of Strafford presently withdraw into the Court of Wards to prepare Heads for a Conference to be desired with the Lords concerning the preventing of all Delays in the speedier expediting the Trial of Thomas Earl of Strafford Sir Iohn Culpepper Reports from the Committee that was appointed to draw Heads for a Conference to be desired with the Lords concerning the preventing of all Delays in the Trial of the Earl of Strafford to this purpose To Represent to the Lords the necessity of Expediting the Earl of Strafford's Trial in respect of the pressing Occasions of both Houses and of the Estate of the whole Kingdom which will be much interrupted and prejudiced by the Protraction of this Trial In this Consideration the House of Commons desired their Lordships that they would be pleased to prevent all unnecessary Delays which may be occasioned by the Earl of Strafford's impertinent Exceptions which as they will take up much time in Debate so they may occasion frequent Adjournments the which we desire their Lordships to take into Consideration that they may be avoided Resolved upon the Question That this shall be the Subject of the Conference Sir Io. Eveling went up to the Lords to desire a Conference concerning the Trial of the Earl of Strafford and Sir Io. Culpepper is appointed to manage this Conference Monday March 29th 1641. Post Merid. Sir Thomas Barington is appointed to go up to the Lords to desire a Conference by a Committee of both Houses concerning the Trial of Thomas Earl of Strafford This House doth conceive That the Examination of the Lord Primate of Ireland already taken is not to be urged in regard none of the Members of this House were present at the taking of it but the Examination of him provided that some of the Committee appointed to manage the Evidence at the Trial be present thereat this House will not oppose it saving their own Rights and in like cases the House leaves it to the Committee to proceed in such manner as they shall think agreeable to Law and Justice And this to be the Subject Matter of the
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
a Cause of great Divisions and Combustions in the State And therefore my humble advice is That laying aside this Bill of Attainder We may think of another saving only Life such as may secure the State from my Lord of Strafford without endangering it as much by Division concerning his Punishment as he hath endangered it by his Practices If this may not be hearkned unto Let me conclude in saying that unto you all which I have throughly inculcated to mine own Conscience upon this occasion Let every man lay his hand upon his Heart and sadly consider what We are going to do with a Breath either Justice or Murther Justice on the one side or Murther heightned and aggravated to its supreamest extent For as the Casuists say That he who lies with his Sister commits Incest but he that marries his Sister sins higher by applying God's Ordinance to his Crime So doubtless he that commits Murther with the Sword of Justice heightens that Crime to the utmost The danger being so great and the Case so doubtful that I see the best Lawyers in diametral opposition concerning it Let every man wipe his Heart as he does his Eyes when he would Judge of a nice and subtile Object The Eye if it be pretincted with any colour is vitiated in its discerning Let Us take heed of a blood-shotten Eye in Judgment Let every man purge his Heart clear of all passions I know this great and wise Body-politick can have none but I speak to individuals from the weakness which I find in my self away with personal Animosities away with all flatteries to the people in being the sharper against him because he is odious to them away with all fears left by the sparing his blood they may be incens'd away with all such Considerations as that it is not fit for a Parliament that one Accused by it of Treason should escape with Life Let not former Vehemence of any against him nor fear from thence that he cannot be safe while that man lives be an ingredient in the Sentence of any one of Us. Of all these Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford's Life Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed to morrow Morning at Eight of the Clock and Mr. Speaker is to put the House in mind of this Order Ordered That Sir Edward Cook 's Book Of the Pleas of the Crown be delivered to the Earl of Strafford's Committee for the special Service of the House Tuesday April 20th 1641. Post Merid. The Committee according to Yesterdays Order reassumed the Debate of the Bill of Attainder of the Earl of Strafford Mr. Speaker reassumed the Chair Ordered That the House sit this Afternoon at Three of the Clock and reassume the Debate of the Bill of Attainder against Thomas Earl of Strafford The House Resolved into a Committee Mr. Peard being called to the Chair then Mr. Speaker reassumed the Chair Ordered That the further Debate of the Bill of Attainder of the Earl of Strafford be reassumed to morrow Morning at Eight of the Clock Wednesday April 21th 1641. Post Merid. According to an Order Yesterday made the House was Resolved into a Committee to Consider of the Bill of Attainder of Thomas Earl of Strafford Mr. Peard being called to the Chair then Mr. Speaker reassumed the Chair Ordered That the Doors be lock'd and the Keys brought up to the Table and that no man go out without leave of the Committee Mr. Peard again called to the Chair Mr. Peard Reports from the Grand Committee the Bill of Attainder of the Earl of Strafford with the Additions and Amendments thereunto the which Addition and Amendments were twice read and the Bill upon the Question Ordered to be Engrossed Ordered That the House meet this Afternoon at Three of the Clock and the third time read an Act for the Attainder of Thomas Earl of Strafford of High Treason and upon the Question for the Passing the House was divided The Lord Digby Mr. Lloyd Tellers for the Yeas Sir Gilbert Gerrard Sir Thomas Barington Tellers for the Noes with the Noes 59 with the Yeas 204. Upon the Report thereof the Bill Past. Mr. Pym is appointed to carry up the Bill to the Lords and was further Ordered to express unto the Lords That it is a Bill that highly concerns the Common-wealth especially in the expediting of it Mr. Pym acquaints the House That according to the Commands of this House he had delivered the Bill of Attainder with special Recommendations for the Expedition in regard of the Importance and that this House was ready to justifie the Legality of the Bill if any way their Lordships should desire a Conference by a Committee of both Houses the sooner and the more publick the way shall be the better and the more agreeable to the desires of this House Thursday April 22th 1641. Post Merid. A Message from the Lords by Judge Reeve and Judge Forster The Lords have agreed to hear this House in Westminster-Hall at Eight of the Clock on Saturday next touching the matter of Law in the business of the Earl of Strafford if this House shall so please Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will send an Answer by Messengers of their own Mr. Solicitor St. Iohn is enjoyned by this House to maintain the legal part of the Bill of Attainder of Thomas Earl of Strafford on Saturday Morning next and Mr. Maynard and Mr. Glyn are adjoyned unto him as Assistants Sir Iohn Eveling went up to the Lords with this Message to desire a free Conference by a Committee of both Houses concerning their Lordships Message sent this day touching the matter of Law in the Case of the Trial of the Earl of Strafford Mr. Pym Mr. Pierepoint Sir Iohn Culpepper Mr. Fines Mr. Hampden and Mr. Prideaux are to prepare Heads for this Conference with the Lords and to manage the Conference Sir Iohn Eveling brings Answer That their Lordships will give a present meeting by a Committee of the whole House as is desired The Heads of the Conference Reported by Mr. Pierepoint to be desired with the Lords touching the matter of Law in the Case of the Earl of Strafford That this House received a Message from their Lordships this day to this effect That their Lordships are ready to hear this House in Westminster-Hall on Saturday Morning next touching the Point of Law in the Case of Thomas Earl of Strafford they conceive this did arise from the Message of this House upon the delivery of the Bill of Attainder of the Earl of Strafford That this House is ready at a Conference by a Committee of both Houses to
many starved it must be occasioned by some other means than this That his Looms should be an occasion of starving so many men he conceives very strange for in truth the value of Cloth made in those Looms in a year which he left his Tenants to manage was not as he remembers above 16 or 1700 l. and if their Lordships consider the value of the Yarn with the Labour they would wonder the making of such a quantity in a year should starve so many thousands It is very true he said he 's sorry for that Remonstrance read of the Commons House in Ireland thinking he had merited a better opinion in that Kingdom but howsoever they have been informed he doubts not but when things are shewed them more clearly than they have been hitherto he shall have their good opinion still he never in truth doing or saying any thing in all his life but with very clear and faithful intentions to the good and prosperity of that Common-wealth and Kingdom his Lordship added That he had some little fortune amongst them not great indeed nothing near that which is reported hardly the fifth part but something he had there honestly and justly come by and for that reason he had cause to wish well to the Kingdom and it grieved him extreamly to hear such a Remonstrance read there would be a time he hoped when he should have means to give them better satisfaction but it is but a charge and cannot under favour be the proof of a Charge being only received by information of witnesses and no Oath being given by the Commons-House he conceived it could not be made a proof against him but the truth of the Charge comes to be examined for the Remonstrance says that these things will be proved by 20000. To which he can say nothing but that he is infinitely sorry he should be so mistaken in that Kingdom where to his best understanding his Conscience tells him he hath deserved very well with modesty be it spoken his Lordship added of them all and desired to do Justice amongst them and there would come a time when he should be better understood as well there as here he hoped For the testimony of Mr. Fitzgarret he speaks nothing of knowledge but what he hath been informed and heard and what hath been credibly reported to him and those are no proofs to be judicially taken as he conceived nothing being by Mr. Fitzgarret spoken but by report and their Lordships have heard this reported as well as he yet knew not whether it be true further than is proved So he concluded where he began something may look like an oppression in them that did execute it but nothing as to himself and the rest of the Counsel who issued the Proclamation on just and warrantable grounds and according to that power they had from the King which he conceived was a full and clear acquittal of him humbly submitting to their Lordships better Judgements of this Article so far forth as it amounts in any kind to convince him of High Treason To which Mr. Maynard made reply in substance as followeth And first he observed That my Lord of Strafford was still striking on the same string here said he is no Treason though something tending to oppression and so at this rate he can never want an answer for if this be not in this particular as high and wilful an overthrow of the fundamental Rules and Justice of the Kingdom as can be imagined I appeal to your Lordships and that is it wherewith he is charged not as if this singly would amount to Treason And Whereas his Lordship says his intention was good if when an oppression of High Justice is committed it be enough to say he had a good intention it is a good defence to take away mens Goods and apply them to his own use and so this being practis'd by him universally on a whole Kingdom may be excused by a good intention But God knows the heart your Lordships are Judges of his actions and oppressions He says the Proclamation was a Temporary Law to take away Goods break open Houses forbid and annihilate Contracts this he says in the face of the Kingdom so that there cannot be better evidence given against him than comes from his own mouth for that which is put upon him is That he would erect a Government that depends meerly upon Will and take away that which is obliged to Laws To say a Proclamation is a Temporary Law is to make a Law as long as it pleases them that award the Proclamation to continue for when shall it have an end but by the pleasure of them that send it forth He would excuse himself that he hath gone in good company Did the Commons insist on this as a single misdemeanor my Lord might say he is not the only man that deserves punishment but he cannot say but that he is the Principal man and indeed and in effect the sole man as it will appear in the answer to the rest They are too blame that follow his misguidance but he is not innocent that draws others into such actions with him Mr. Maynard observed the nature of the Proclamation it was not to appoint a regulation but to take away the Subjects Goods neither giving them time to vend the Commodities in their hands nor to depart from that if it were an ill usage but forthwith as soon as the Proclamation was out the Goods must be seized because they did not doe the things they could not doe He saith the Execution is nothing to himself but to his Agents Surely he that will command unjust and evil things is not a whit less guilty because he hath Ministers that will apply themselves to his pleasure to execute unlawful Commands He commands they execute it and when they had executed it they bring it to his Looms that is to his profit He says it was recalled after two years or thereabouts but your Lordships may remember on what misfortune and cruelty it was recalled the tumults the stirs the oppressions it did produce and his recalling it after two years makes him not innocent before when 1000 or 2000 or 3000 had perished by the oppression of it he was not innocent because 10000 or 12000 did not perish it was too long kept on foot and he that doth unlawful things in so great a measure is not to be excused because he cannot bring them wholly to pass For that 's all can be said He could go no further and therefore he leaves it off He says his Warrant is not amiss but it is extreamly amiss for the Minister should advertise the State touching the Subjects Conformities but my Lord of Strafford will have them presently enter the House and seize the Goods the Proclamation puts them on it but the Warrants command Justices of Peace and all Ministers of Justice to come in and countenance this cruelty and when they did not conform to it
they had reproofs from my Lords servants And if the point were only to produce witness that the Flax or Yarn came to my Lords own hands it might be despaired of but when the profit comes to his hands by his Agents and those set on work by him it is no excuse to say it was done by others Mr. Maynard said further he wondred my Lord should say there was no proof when there were two express witnesses my Lord said he heard but of a Cart-load Mr. Maynard answered he heard not the word but he heard of about a Cart-load and could that starve 1000 men yet if a Cart-load be not sufficient to starve 1000 men if there be more than 1000 starved then more than a Cart-load was seized At that time there came in but a Cart-load but there came in by good quantities when it came in by Cart-loads He says the Remonstrance is but a charge but it comes in on good proof and it is concerning a whole Province and as it is likely they were there that knew of the miseries that befell the Provinces Mr. Maynard further observed that heretofore in the matter of Tobacco he told your Lordships he had a command it was expected he would have produced something to the purpose now but God be thanked he hath not he says Tobacco is a superfluous thing but these things that are for clothing are not superfluous and being he hath gone into this excess Mr. Maynard concluded with this that he must leave him to their Lordships Judgements for he had made an excuse tho that he said did not reach an excuse And whereas my Lord said the Cart-load of Yarn was taken in Conaught not in Ulster Mr. Glin added that one thing was observable from my Lord of Strafford's own evidence which seemed to convince him of what he denied He pretends this was for advancement of Trade not for his own use and that there was but 1700 l. worth made in a year but himself casting his Accompts says he lost 3000 l. so he owns it by the loss but not by the benefit which convinces the principal point himself denies Here my Lord of Strafford desired leave to explain himself that when he said he lost 3000 l. and 1700 l. a year made of it he said he made Cloth there 6 or 7 years as hetook it and the Cloth it self not the Yarn was worth 1700 l. for the Yarn was not worth 400 l. and in that time he might very well loose 3000 l. And so the Thirteenth Article was concluded and the Fourteenth Article being for the present laid aside the Committee proceeded to the Fifteenth Article THE Fifteenth Article The Charge 15. THat the said Earl of Strafford traiterously and wickedly devised and contrived by force of Arms and in a warlike manner to subdue the Subjects of the said Realm of Ireland and to bring them under his tyrannical Power and Will and in pursuance of these wicked and traiterous purposes aforesaid The said Earl of Strafford in the eighth year of His Majesties Reign did by his own authority without any Warrant or colour of Law Car and Impose great sums of Money upon the Towns of Baltemore Bandenbridge Talo'we and divers other Towns and places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Soldiers with Force and Arms in a warlike manner And on the Ninth day of March in the Twelfth year of His now Majesties Reign traiterously did give authority unto Robert Savill a Serjeant at Arms and to the Captains of the Companies of Soldiers in several parts of that Realm to send such numbers of Soldiers to lye on the Lands and Houses of such as would not conform to his Orders until they should render Obedience to his said Orders and Warrants and after such submission and not before the said Soldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in Warlike manner with Force and Arms put in execution accordingly and by such Warlike means did force divers of His Majesties Subjects of that Realm to submit themselves to his unlawful commands And in the said Twelfth year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot Armed in Warlike manner and in Warlike array with Force and Arms to expell 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 like Warlike manner expell 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 or Rights And the said Earl in 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 Mr. Palmer proceeded to open the 15th Article which concurred with the precedent in point of Evidence to make good the Charge of the Commons against the Lord of Strafford in point of High-Treason The main Accusation being his labouring to subvert the established Laws and Government and instead of them to introduce an Arbitrary and Tyrannical Power THAT this laid in the 15 th Article doth more than prove this Charge charging him with Acts of Force and Hostility which are not only an Evidence to prove his design but are actual subversions of Law and introducing of an arbitrary Power as their Lordships will perceive when they shall hear how he executed his Commands by Soldiers And as this contributes with the rest in proof of the main Charge so he humbly offered that this Article singly and individually of it self contained a Charge of High Treason and that the nature of the offence would appear in the proofs of the Article The Article is first general That he did traiterously devise to subdue the Subjects of the Realm of Ireland by force of Arms in a Warlike manner under his tyrannical Power and Will In pursuance of these things that are charged in the Article the first they said they would pass over at that time and my Lord of Strafford also had notice that they intended to wave it for the present The Second is that 9 March 12. of the King he gave a Warrant to one Savill a Sergeant at Arms and to Captains and Soldiers of that Kingdom to Quarter on the Houses and Lands of such as would not conform to render Obedience to his Orders such number of Soldiers as the Sergeant at Arms