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A42872 Master Glyn's reply to the Earle of Straffords defence of the severall articles objected against him by the House of Commons Published by speciall direction, out of an authentick copy. Glynne, John, Sir, 1603-1666.; England and Wales. Parliament. House of Commons. 1641 (1641) Wing G892; ESTC R213348 35,221 58

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He came from the foure and twentieth Article to the seven and twentieth and he answers against that Article that when Armies are in the field men cannot walke so peaceably as an Atturney with his box and papers in Westminster hall I know not what he meanes but when two Armies are in the field they may raise warre against the Kings people as well as the King for his just defence it is the way to make his people terrified with armies and to avoid them as a serpent and therefore it is a dangerous aspersion as I conceive With these he concluded except some things that hee took by way of artificiall insinuation to perswade your Lordships that it was dangerous to raise a Treason that had laine asleep I know not how many hundred yeeres and create a Treason A strange thing indeed it is that a man should be charged with a Treason for subverting the Law A strange thing that one should be charged with Treason for killing a Justice sitting in the seat of justice and yet it should bee no Treason to destroy King and kingdome and people and all all which are destroyed if the Law be subverted And now having touched upon what he hath spoken with your Lordships good favour I shall crave leave to run the course I have propounded with my selfe and that very briefly that is upon the whole matter to shew how far the evidence produced on the Commons part doth prove the charge My Lords That laid to his charge is a design and purpose to subvert the fundamentall lawes of two kingdomes and to introduce an Arbitrary and Tyrannicall government not that he did effect it but that he did intend it for if he had done it it had been t●● late to question it he had left no rule whereby to cal● him to triall but his intention and his endevour are his charge My Lords how farre this is proved if your Lordships be pleased to call to mind the Articles and the evidence produced on the Commons part your Lordships will find I beleeve that his words his councells and his actions doe sufficiently prove his endevouring to destroy In the first Article where my Lord of Strafford hath the first opportunitie offered him to put this endevour in execution that is the first place of eminency amongst his other places and commands which I take it was his being made President of the North he is no sooner there but there be Instructions procured to enable him to proceed in that Court almost in all causes for a man can scarce think of a cause which is not comprehended within the Instructions obtained after his comming thither but I shall put your Lordships in mind of two clauses of the Instructions procured in the eighth yeer of this King and after he was President that is the clause of habeas Corpus and Prohibitions that no man should obtaine a Prohibition to stay any suit that should be commenced before him in the Councell of York that if any man should be imprisoned by any processe out of that Court he must have no Habeas corpus A Prohibition is the only meanes to vindicate the estate of the subject if it be questioned without authoritie A Habeas corpus is the onely meanes to vindicate his liberty if it be detained without law but these doores must be shut against the Kings subjects that if either they be questioned or restrained before him there must be no reliefe How far he could goe further I am to seek there being no means for the subject to ●●lieve himselfe if he be questioned for his estate with●●… authoritie no meanes to redeeme himselfe if his person be imprisoned without law And he had so incircled himselfe about that if the Judges should fine the party that returnes not the Habeas corpus according to law there was a power and a warrant by the Instructions to the Barons to discharge the Officers of that fine And now I referre it to your Lordships judgements whether this be not to draw an arbitrary power to himselfe For the execution of this power it is true it is proved to be before the instructions in the eighth yeere of the King but then it riseth the more in judgement against him for your Lordships have heard how he went into a grave Judges chamber blaming him for giving way to a Prohibition granting Attachments against one that moved for a Prohibition and though this was done before the Instructions were granted yet the Instructions comming at the heeles of it sheweth his disposition and resolution more clearly for he acts it first and then procures this colour to protect it and though he pretends there was no proofe yet I must put your Lordships in mind that when these things were in question concerning the apprehension of a Knight by a Sergeant at Arms he kneeles to his Majestie that this defect might bee supplied and this jurisdiction maintained else he might goe to his owne Cottage And here being the just commencement of his greatnesse if you look to the second it followes that at the publick Assizes he declared that some were all for law but they should find the Kings little finger heavier then the loines of the law He did not say it was so but he infused it as much as he could into the hearts of the Kings people that they should find it so and so he reflects upon the King and upon his people The words are proved And to speak them in such a presence and at such a time before the Judges and Countrey assembled they were so dangerous so high expressions of an intention to counsell the King or act it himselfe to exercise an arbitrary government above the weight of the law as possibly could be exprest by words And this is proved by five witnesses and not disproved nor is any colour of disproof offered but only by Sir William Penniman who saies he heard other words but not that he heard not these words If hee doth he must give me leave not to beleeve him for five affirmations will weigh downe the proofe of a thousand negatives He staies not long in England with this power though while he staies you heare how he vexes the subject but then he goes into Ireland and as his authority increases so he ampliates his designe and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principall City of Ireland presented the Mayor upon a solemne speech and discourse concerning the lawes 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 Lordships 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
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 Peeres of the kingdome of Ireland and determining them upon paper petitions in an arbitrary way your Lordships have heard him speake it before and repeat it this day that he did it out of compassion for the more expeditious proceeding on behalfe of the poore against these mighty But then my Lords I beseech you compare some other part of his proceedings Your Lordships remember the businesse of the Flax which concernes the poore wholly and universally and if compassion had beene the rule and direction of his actions towards the poore surely this would have beene a just cause to have commiserated them in this case but hee exercised his power over them and over them wholly and over them universally and therefore it shewes it is not his compassion to the poore nor respect to the rich or mighty that will any way restraine or obstruct his wayes to his owne will And therefore you may see what truth there is in his answer by comparing one part of the charge with another when the businesse of the Flax brought that calamity upon the Kings Subjects that thousands of them perished for lacke of bread and dyed in ditches Secondly your Lordships have often heard him use a Rhetoricall insinuation wondering 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 Mount-Norris where words were spoken in an ordinary discourse at dinner and slight ones God knowes 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 Mount-Norris his life gets a sentence of death against him and that against Law with a high hand in such a manner as I thinke 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 himselfe and yet when he comes to act his power you see his exercise of it You have heard how hee magnifies his zeale for advancing the Kings benefit revennue and his care of his service and would shelter and protect himselfe under it to justifie an exorbitant action but if your Lordships call to mind the businesse of Customes 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 Custome and received a small rent in the case of Tobacco my Lord himselfe in the meane time imbursing such vast summes of money where is then the discharge of his trust where is his care to advance the Kings rents to encrease his revennue 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 then this day with the Peeres of the Realme magnifying them almost to Idolatrie and yet my Lords when he was in his kingdome in Ireland and had power over them what respect shewed he then to the Peeres of the kingdome 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 owne advantage you may remember when there was an unlawfull Act to be committed that is the levying of money in the North what regard had he then to the Peeres of the kingdome when hee comes to justifie and boulster up high treason it selfe under the name and authoritie of the great Councell 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 lyes under your mercy and power But what doe I speake of the Peers of the kingdome and his using of them My Lords he spared not his Soveraigne his Majestie in his whole defence for being charged with offences of a high nature hee justifies those offences under the pretence and under the authoritie of his Majestie our gracious King and Soveraigne even murder it selfe in the case of Denwit and my Lord Mountnorris Treason it selfe in the fifteenth Article by a command in Ireland and in the seven and twentieth by a pretended authoritie from his Majestie in the face of his people hee justifies my Lord Mountnorrice his sentence by a letter from his Majestie Denwits sentence by a Commission from his Majestie and hee read three or fower clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a witnesse to produce against him which I wil not examine but refer it to his owne 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 unlawfull act be committed specially 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 justifie an unlawfull act in that way can doe him no good and his owne understanding knowes it may doe the King harme if wee had not so gracious a King that no such thing can doe harme unto But my Lords to produce the Kings warrant to justifie his actions under his Patent and Command what is it else but so farre 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 splendour of his glory and justice cannot bee 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 justifie this under the Kings authority what is it I say but as much as in that Minister lies to fix this offence to fasten this oppression upon the King himself to make it to be beleeved that the occasion of these their groanes proceeded from his sacred Majestie yet God be thanked the strength of that Sunne is powerfull enough to dispell these vapours and to disperse the cloud that hee would have raised but in the meane time my Lord is nothing to bee excused My Lords he may pretend zeale to the Kings service and affection to his honour but give me leave not to beleeve it since when he is questioned by all the Kings people and in the face of his people and offences laid to his charge which