Monarchical Government and were only to be answered by the Sword Thirdly That he had caused some Scottish Goods and Ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that War against the Scots Fifthly That by all possible means he had put had thoughts and Suspicions into his Majesty against his Scottish Subjects and laboured to make a National quarrel between them and England which if the Kings Piety and the Prudence of better affected States-men had not prevented could not have been sâ—erd up again without much Blood Concerning England his Speeches were either before or after the Parliament First Before his Creature and Bosom friend Sir George Ratcliff he had said to Sir Robert King when he was doubting how the King might have Monies to pay his Armies that the King had four hundred thousand pounds in his Purse thirty Thousand Men in the Field and his Sword by his side and if he wanted Money afterwards who will pitty him Secondly That his Brother Sir George Wentworth had said to Sir Robert Beâ—ington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seems they were weary of their Peace and desired to be conquered a second time Thirdly That he himself upon a discourse with the Primate of Ireland had said that he was much of the mind of those English Divines who maintained it lawful for a King having tried the affection and benevolence of his People and then denied their help upon an inevitable necessity and present danger of the Kingdom that he might use his Prerogative for his own supply and the defence of his Subjects Fourthly To the Lord Conway in a Discourse he had said That if the Parliament meaning the last Parliament should not grant a competent Supply that then the King was Acquitted before God and Man and might use the Authority put into his hands Fifthly That he did say at the Council Board If the Parliament should deny to help the King he would take any other way be could for his Majesties Service and Assistance His Expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himself to be over-mastered by the frowardness obstinacy and stubbornness of his People Secondly That if his Majesty pleased to employ Forces he had some in Ireland that might serve to reduce this Kingdom The Proofs for the Scots Particulars were these First The Lord Traquiere who was indeed very favourable to the Lord Lieutenant and spake nothing to his Disadvantage but what was scrued from him with much difficulty he told them That when he gave in the Demands he heard him say that it was high time for the King to put himself into a posture of War but that first all the Council of England said the same as well as he secondly That it was a double Supposition 1. That the Demands were truly given in 2. That there was no other Remedy left but Arms to reduce them Secondly The Earl of Morton's Testimony being sick himself was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared That he had heard the Lieutenant to advise the King to an Offensive War when his own Judgment was for a Defensive Fourthly The Testimony of the Earl of Northumberland was produced which was the very same with Sir Henry Vane's Fifthly The Treasurer of England deposed the same with Traquiere Sixthly One Beane from Ireland told That he had known Ships seized on there but by whose Procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Renelaugh deposed the same that Sir Robert King and the Lord â—enelaugh had heard Sir George Ratcliffe speak those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primate's Testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with the Article Fifthly Sir Henry Vane deposed He had heard those Words spoken at the Council-Board For the Words spoken after the Parliament To the first Sir Tho. Jermyne Lord Newburg Earl of Bristol Earl of Holland were Examined Bristol did mince the Matter but Holland's Testimony was express because of the exceeding great Love he carried to the Man For the last which were the most dangerous Speeches about the reducing of this Kingdom there was only Sir Henry Vane's Testimony who declared only thus That he had either those Words or the like Here some of the Lieutenants Friends shewed themselves 1. The Lord Savil who desired of Sir Henâ—y Vane to know whether he said their or this or that Kingdom and withal said it was very hard to condemn a man for Treason upon such petit Circumstances 2. The Earl of Southampton desired to know whether Sir Henry Vane would swear those words positively or not Sir Henry Vane said positively either them or the like The Earl replied that under favour those or the like could not be positive 3. The Earl of Clare desired to know what could be meant by this Kingdom for his part he said he thought it meant of the Kingdom of Scotland to which the Word this might very well be relative that Kingdom being only mentioned in the preceding Discourse And that he was the more ready to be of that Opinion because he could not see by what Grammatical Construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of Obedience nor upon Rebellious Courses They at last concluded the Charge That the Words were so monstrous that to aggravate them was to allay them and therefore they would simply leave them to the Judgment of the Lords The Lieutenant's Reply was That though the heaping up of those Articles had put him to a great Confusion yet he would endeavour to bring his Answer into the best Method he could and first he would reply to the Prooâ— then add something in general for himself in what a hard taking and lamentable Condition he was to have his private Discourses his most intimate and bosome friends search'd and sisted to the least Circumstance that he might seem guilty of that which by God's assistance he should never be To the Lord Traquieres and the Deputies Depositions he thought their Proofs did not much stick upon him for upon the Suppositions first That the Demands were true secondly That they were not justifiable thirdly That no other Course could prevail He could not see what other Advice he could possibly give the King than to put himself into a posture of War especially seeing then there was frequent Reports of the Scots invading or entring into England nor was he of any other mind than all the rest of the Council-Board For that of Morton's he doth not positively remember the
or else to give them some States of the question whereunto they might confine themselves Upon this motion the House was adjourned for that day nor hath it met since for the House of Commons are turned to their old byas and will hear of nothing but the Bill of Attainder but the Lords seem to be more resolute than before because they find that they have no Authority to declare a Treason in a Fact already past the Salvo of the twenty fifth of Edward the third being Repealed withall that if the Bill of Attainder should proceed the King hath as great power to hinder that at the last blow as any other Statute but I hope the Lords will disburthen him of that envy All the which stand obliged to the Lord Strafford in blood affection or deserving and all who have been interessed with him in the King's Service and many too who both hate his person and dislike his proceedings will doubtless look upon it and tender their own safety all of them in likelihood being subject to the Charge of Treason if ever they chance to be called to do the King Service in any place of importance I cannot express how much the voice of the multitude is now altered from what it was lately nothing now talked of what should be done but only of what must be done So that if the Lord Strafford dyes his very Enemies will confess that it is done more for necessity than for Justice and rather for the satisfaction of rancorous apprehensions than for any guiltiness in the Cause Thursday last viz. April 29. was designed for the Agitation of the long intermitted business concerning the Lieutenant and the way was this The Lords did meet at the Great Hall at Westminster about Nine of the Clock not in their Robes nor did the Lord Steward sit upon his Sack but with the rest promiscuously nor did the Committee for the House of Commons stand at the Bar but sat with the rest of their Fellows and the Earl of Strafford sat behind the place where he used to sit before the reason of these changes were because the Diet was appointed not for a Meeting but for a Conference so curious are we and that 's all about formalities The King Queen and Prince were there according to their Custom not a man spake a word in the House all the time but only Mr. St. John the King's Sollicitor one of the Committee whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor And withal to reply to what the Lord Strafford had spoken either by himself or his Council in matter of Law The Speech is in Print If it were not without my Sâ—ere to give my opinion of Mr. St. John's Speech it should be this That he spake little 〈◊〉 â—othing to purpose except in his fift or sixt Arguments and in them I believe without his book if not I should conceive it better and safer to live under the Laws of any other Nation that these of England where all Law is at last resolved into an Arbitrary power and that by these very men who so much elsewhere enveigh against it Of the Presidents which seem to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the Pleaders penury others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Mr. St. John did rather advantage than hurt the Earl by his Pleading The next news which we expect to hear is with what Resolution he went out of this World for it is concluded amongst the major part of his Judges that one must die for the People It were well if the blood of one two or three could satisfie The Bill for certain is past the higher House to which 't is thought the King will be perswaded to give way The Scaffold is built upon the Tower-Hill God grant him Mercy for his other Sins and I hope he will easily answer that of Treason He dies as we hear upon the Twenty third Article for the words attested by Sir Henry Vane though His Majesty publickly protested the Words were never spoken by him Upon the close of Mr. St. John's Speech the House dissolv'd nor was there a Word spoken but by Mr. St. Johns only the Lord Lieutenant used the last part of his Rhetorick and by a dumb eloquence Manibus ad Syderatensis all along Mr. St. Johns Speech made his Replies with a deep silence Upon Friday he Petitioned the Lords to be heard again and that because his Lawyers had not fully spoken at their last meeting but this was denied him because the House were to have the last Speech nor were they content to speak again Upon this Information or what else is not known the King it seems fearing the Inconstancy of the Lords came to the House of Saturday at Ten of the Clock and having called for the House of Commons spake much to this effect The King's Speech to the House of Commons THat He had sincerely without Affection or Partiality endeavoured to inform himself concerning the Lieutenants Charge and had at length seriously pondered with himself both concerning the matter of Fact and the matter of Law and now it stood him in hand to clear their judgments then to exonerate his own Conscience For them He had two things to declare First That there was never such a Project nor had the Lord Strafford ever offered such advise for the Transporting of the Irish Army into England so that in nothing the Lieutenant had been more mis-understood than in that Which imputation did in no small measure reflect on himself the King as if he had intended to make War upon His own good Subjects which thought he said was far enough from his Breast nor could any man in probability think so unworthily of him who had perceived how graciously he had dealt with His Subjects elsewhere that had deserved a great deal worse Secondly That the Lieutenant had never advised him to establish an Arbitrary Government nor if he had should he have escaped condign punishment nor would any of His good Subjects ever think otherwise unless they conceived him either to be a Fool or a Tyrant that he either could not or would not discern such wickedness He was well content he said with that Authority and Power which God had put into His hands nor should he ever think it His Prerogative to intrude upon the Propriety of the Subject For Himself and His own Conscience he said he was now to Declare That in His own judgment there was nothing in the Process against the Lieutenant that deserved the censure of Treason Over-sights and Mis-demeanours there were in such a measure that he confessed the Lord Strafford was never worthy hereafter to bear any Office in His Kingdoms no not so much as of a Constable but was to
upon him and by withdrawing so great Sums of Money from the Crown had weakned the King prejudiced the Subject of the Protection they were to expect from him and had been the cause that the extraordinary way of Impost and Monopolies had been undertaken for supplying of the Royal Necessity And that this Act therefore ought to be enough to make the Charge and Impeachment of High Treason laid against him The Lieutenants Reply was That he conceived he had given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would he spend time in vain Repetitions for the present Article though in all its parts it were granted to be true yet he could not perceive by what Interpretation of Law it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanor Oppression or Felony he made no doubt but he should be very able to clear himself abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions he was content to step so far out of the way as to give Answer First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchess of Buckingham or whether she had obtained a more eaâ—ie condition than the Duke her Husbands especially seeing that same was granted some years before his coming to that Government yet thus much he could say that the Dutchess had paid thirty thousand pound fine and therefore no marvail her yearly Rent was the less Secondly For the Book of Rates wherein the chief matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 three years before his going into Ireland and therefore it was exceeding strange in his apprehension now that could rise up in judgment against him Thirdly That he had his interest in the Customs by Assignation of a Lease from the Dutchess which was given her before his Government nor did he ever hear it alledged as a Crime of Treason for a man to make a good Bargain for himself Fourthly That not of his own accord but at the Kings special Command he had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customs might be improved for the Benefit of the Crown and the true value thereof discovered This he proved by the Lord Cottington and Sir Arthur Ingram Fifthly That when a new Book of Rates was recommended to man by the Council Board of England in the time of his Lease he so far preferred a fear he had That the Trade of Ireland might thereby be discouraged before his own Commodity as he presumed in all humility to refuse the said Book of Rates and tendred his Reasons thereof to the Kingdom and Council-Board of England Sixthly That he never understood that the Customes could aâ—â—e to those great Sums alledged but though they should yet his advantage was but â—mall for first dividing the fourteen thousand pounds he paid to the King then five parts of eight which was yearly given in upon Oath and that procured first by himself at the Exchequer-Board the other three parts 〈◊〉 ideâ— amongst four of them which were equal sharers in the Lease would not amount to any great Sum of Money And therefore except it were Treason for him to have â—mproved the Kings Revenue encouraged the Trade and refused the new Book of Rates he could in his own weak â—udgment discern none there nor could he think it a Crime for him to take an Assignation of a Lease granted before his time and to insist in the Book of Rates used before his coming over and therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries than as a thing spoken in good earnest by them The same day the Eleventh Article concerning Tobacco was Charged on by the same man Mr. Glyn after this manner That for the farther advancement of his Tyrannical and Avaritious Designs he had of himself established a Monopoly for the restraint of Tobacco in that Kingdom where they offered Five Particulars to the Proof First That he had restrained the Importation of Tobacco Secondly That in the mean time he had brought in a great quantity himself and sold the same at exorbitant Prices Thirdly That of Tobacco already imported he had forbidden any to be sold but was first sealed by his Officers Fourthly That upon a pretended Disobedience he had punished a great Number of People by Seizures Imprisonments Fining Whipping Pillory and such like cruel and inhumane Vsages Fifthly That by these means he had gained one hundred thousand Pounds yearly For Proof hereof First The Proclamation for restraining Tobacco was read Secondly The Proclamation about the Sealing of the same Thirdly Some Witnesses who declared that Ships had been restrained from Landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fifthly The Remonstrance of the House of Commons in Ireland declaring that the Earl had sold 500 Tun of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That he had sucked up the Blood and eaten up the Kings Liege-People and had by this one point of Oppression raised greater Sums to himself than all the Kings Revenue in that Kingdom extended unto And therefore was liable to the Crime of Treason for troubling the Peace and bereaving the People of their Goods who were entrusted into his Care and Government The Lieutenant's Reply was That his most secret Thoughts were conscious of nothing but of a sincere intention and endeavour to promote and advance the wellfare of that Kingdom and withal he conceived by their leaves that nothing in that Charge could have the least reference to Treason yet as he said before for removing of all prejudice he was content to answer First That long before his coming to Ireland the same restraint had been of Tobacco and the same Impost of eighteen pence per pound enjoyned by King James Secondly That at that time the Tradesmen for this Commodity paid but twenty pounds a year to the Crown for the Impost but now 400 l. Thirdly That the Parliament in Ireland 1628 had Petitioned to have this Impost setled by an Act of State for ever afterwards as a part of the Revenue of the Crown Fourthly That he had express Command from the King for issuing those Proclamations and therefore could not imagine more danger in them than in others for Monopolies in England in the worst sence Fifthly That the Proclamations were not put forth by himself alone but by the whole Councel-Board of Ireland Sixthly That for the Contract of Tobacco he was so tender of it that it was sent over hither and seen and approved of by the Councel-Board of England before it was condiscended to in Ireland For the Proclamations he told them it
Words but if the Demands were read perhaps they would imply nothing less and if so how otherwise to be answered but by the Sword all other Means being first assayed which is ever to be supposed For Sir Henry Vane's and Northumberland's Testimony about perswading of an Offensive War he said he remembred it very well and thought it as free for him to give his Opinion or an Offensive as they for a Defensive War Opinions said he if they be attended with Obstimacy or Pertinacy may make an Heretick but that they ever made a Traytor he never heard it till now nor under favour should I be an Heretick either said he for as I was then so am I now most willing to acknowledge my Weakness and correct my Errors whereof no man hath more or is more sensible of them than I my self yet if that Opinion of mine had been followed it might perhaps have spared us some Money said he and some Reputation too of which we have been prodigal enough For the last about the Ships it proves nothing but he would willingly confess that some Ships were there detained and that by himself and his own Direction as Vice Admiral of Connaugh but it was at the Command of the Lord Admiral the Earl of Northumberland and produced his Letter to that purpose To the English Proof He marvelled much how Sir George Ratcliff's Words could be put upon him Sir George though alledged to be his Bosom Friend yet had thoughts of his own and might have some other thoughts in his Bosom and be to some other Expressions than Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my Friend Sir George as by a Proxy For his Brother He never knew him before so rash but that was nothing to him except they could prove a nearer Identity than Nature had instituted and that his Brother's Words and his were â—ll one yet withal he conceived that his Brother's Words might be very well understood of the Scots conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken something which is like a Prophesie To the Primate's Testimony with all Reverence to his Integrity be it spoken he is but one Witness and in Law can prove nothing Add to this said he that it was a private Discourse between him and me and perhaps spoken by me Tentandi gratia and how far this should be laid to a mans Charge let your Lordships judge Yea this seems to me against Humanity it self and will make the Society of men so dangerous and loathsom to us that our Dwelling Houses will be turned to Cells and our Towns to Defarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own Conceptions or craving the Advice of Wiser and Learnecer men should become Snares and Burdens to us by a curious and needless Fear yet if my Words be taken said he with all that went before and followed after I see no danger in it To the Lord Conway I may reply the same with this Addition That it is a very Natural Motion for a man to preserve himself every Greature hath this Priviledge and shall we deny it to Monarchy provided this be done in a lawful though in an extraordinary way This grain of Salt must be added to season all my Discourse To that of Sir Henry Vane of offering my Service to the King I thank him for the Testimony and think he hath done me much honour thereby but if he or any body else do suspect that his Majesty will employ me in unlawful Enterprizes I shall think them more liable to the Charge of Treason than my self To the subsequent Testimonies I shall not need to wrestle about them much only the last of Sir Henry Vanes pinches and lies sore upon me but to that which the Earl of Clare and I thank him for it hath said already give me leave to add this that the Testimony of one man is not a sufficient Witness nor can a man be Accused much less Condemned of Treason upon this and for that read the Stat. of Hen. 7.12 and of Edw 6.5 Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councel which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebank they cannot be had Sir Henry Vane gives the Testimony I deny it four only remain First The Earl of Northumberlands Testimony which was read had declared expresly that he had never heard those words nor any like them from the Lord Strafford but he spake with great Honour and regard to the Kingdom of England Secondly the Marquess Hamilton who declared upon his Oath that he had never heard such words but that he had heard the Lieutenant often say that the King was to rule his Royal Power Candidè Castè that it would never be well for this Kingdom till the Prerogative of the Crown and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keep a correspondency between the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervail how these words rested only on the ears of Sir Henry Vane but my Lords said he that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foot in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made clear by the Testimony of Northumberland the Oaths of Marquiss Hâ—milton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a precident take sooting Westminster-hall shall be more troubled with Treason then with Common-Law look therefore to the Antecedents and Consequents of my Speeches and you shall find the state of the question clearly altered the Antecedents were upon an absolute or inevitable necessity upon a present Invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdom which acompts afterward to the Parliament The qualifications too in a lawful convenient and ordinary way so far as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is he not publicus inspector Regni Stands it not him in hand to do something on present necessities And that these were his words he often proved over and over again by the Marquess by the Lord Treasurer Cottington Sir Tho. Jermine My Lords what I have kept to the
last said he is this and I would intreat you seriously to think of it If a mans Table his Bed his House his Brother his Friends and that too after they have given an Oath of Secrecy to be Raâ—â— to find out Treason against him who never knew what it meant what earthly Man shall pass free from Treason Let my misfortune my Lords be your advertisement your wise Ancestors were glad to put bands and limits to this Lion Treason if you give him the large scope of words to range into he will at last pull you or yours all to pieces But my Lords I did never think till now that matter of Opinion should be objected as matter of Treason For first Opinions are free and Men may argue both pro and eon in all faculties without any stain of his Reputation otherwise all consultations would be vain Secondly I may be of another Judgment then I declare my self to be of opinion perhaps to gain better Arguments for the maintenance of my own Grounds Thirdly Many and my self often times have propounded my Opinion yet upon hearing better Judgments have presently changed it Fourthly We use to strain our Opinions too â—igh sometimes that we may meet in a just moderation with those whom we conceive in the other extremity to be too low Fifthly It is expresly commanded by the Stat. Hen. 6.9 That though a Man should say the King is not lawful Heir to the Crown and may be deposed yet he is not to be charged with Treason but only with Felony and I hope my Lords those words are of a more transâ—endent and superlative nature than any alleaged by me to be spoken But my Lords said he lay it to your hearts it must come to you you and your posterity are they whom God and Nature Birth and Education have fitted to beautify the Royal Throne and to sustain the weighty affairs of the Kingdom if to give your Opinions in Political Agitations shall be accounted Treason who will be willing to serve the King or what a dilemma are you in If being sworn Councellors you spake not your minds freely you are convict of perjury if you do Perhaps of Treason What detriment What Incommodity shall fall to King and Kingdom if this be permitted Which of you hereafter will adventure yea dare adventure so much as to help by your advise unless you be weary of your Lives your Estates your Posterity yea your very Honour Let me never live longer than to see this confusion yea I may say it this inhumanity in England for my part my Lords I here confess my self I ever have and ever shall spaâ—k my opinion â—ely in any thing that may concern the Honour and safety either of my gracious King or my deer Countrey though the Sword be two Edged fearing rather him that killeth the Soul than him 〈◊〉 power reacheth only to the body Nor do I see how I am culpable of Treason unless it be Treason for not being Infallible and if it be so my Lords you have this rag of mortality before you loaden with many infirmities though you pull this into shreds yet their is no great loss yea there may be a great gain if by the same I may seem to have dared to far to give a Testimony to the World of of an Innocent Conscience towards God and a Resolute loyalty towards my Prince which have ever been my only Polâ— stâ—râ— in the whole course of my life and if by spilling of mine there be not a way found how to trace out the Blood of the Nobillity which I hope your Lordships will look too there is no disadvantage at all suffered by the loss of me You have his very words as neer as I could recollect Tuesday was a day of Rest Upon Wednesday Whitlock Charged thus That the preceding Articles were of so high a consequence and of so transcendent a Nature that nothing wanted to make up the perfect measure of the most horrid Treason and monstrous Attempt that ever by a Native was intended against his King and Countrey But putting these designed projects into Execution which had undoubtedly hapned to the ruine and Subversion both of Church and State had not the clemency and goodness of the Prince and the Piety and carefulness of the well affected Peers timously foreseen and prevented the same that still the Principles of Tyranny and Oppression had lodged within his 〈◊〉 and therefore had burst forth into these expressions and advises contained in the following Articles where first in the twenty fifth they Charged him with three things First That â—e had advised the King to a rigorous and unlawful exaction of Ship-Money Secondly That he had given Councel that if the Sherifs should deny their best endeavours and assistances to that effect they should be sent for and fined by the Star-Chamber and Imprisonment Thirdly That when the Aldermen of London had in all humillity represented the Causes why the Ship-Money could not be collected amongst them and had given in the Reasons why the refused to give in a List of their names within their City who were able to afford the Loan-Money He in a contemptuous and Tyrannical manner in the face of the Councel-Board had said to the King Sir These Men because of their obstinacy and frowardness deserved very well to be fined ransomed and laid by the heels And it will never go well with your service until some of them be hanged up for examples to others The Proofs were these First The Bishop of Loden Lord Treasurer who declared that he remembred the words very well that the Lord Lieutenant had advised the King to cause the Ship Money to be gathered in but he remembred withal that both himself and all the Councel had done the like and that it was upon a present necessity and defect of Money for entertaining the Army which the condition of the times considered they all conceiued was by any means to be kept on foot Secondly Alderman Wiseman declared that upon an humble Remonstrance made to the Councel Board the City would take it ill if a Tax-role should be delivered of their Estates who were thought able for the Loan Money the Lord Strafford said they deserved to be fined Ransomeâ— and laid by the Heels but for the words of hanging them up he heard not at all Thirdly The Earl of Barkshire declared that the Lord Strafford had said that upon the refusal of such a service enjoined by the Kings Peremptory Command it was his Opinion they might be fined Fourthly Alderman Gâ—â—way attested the preceeding words and â—ithal added that the Lord Lieutenant to his best remembrance had said It were well for the Kings service if some of them were hanged up They closed the Charge That by such undutiful Expressions he had injured the propriety of the Subject and had put such discontent upon the City that they were the less willing upon any occasion to 〈◊〉 for the advantage of the Kings
Power in granting Pardons for poenalties of the same was heavier then the Kings Loyns That this was his expression he verified First by the occasion for he spake the words a long time since to some Men who had lain imprisoned at York and were then by the Kings favour set at Liberty whom he incited to thankfulness by this expression towards his Majesty Secondly by witnesses produced by him In the examination of their witnesses he convinced one of them of untruth by interrogating him where he was when the speech was heard and how far distant from him when the Man had replied that he was twelve Yards from him he answered that it was impossibly for him to hear a Man three Yards off by reason of a deafness that had held him 14 years which being found true the witness was rejected Another witness Sir David Fouls was brought against him against whom he excepted as his known and professed Enemy 't was told him that he himself did not use to admit of exceptions against Witnesses and therefore was to expect the same measure He replyed that Master Pim might one day perhaps be atached for perswading the House of Commons to commit the same Crime that was laid upon him as a Charge of Treason But for all this the Witness was received because in matter of Treason a Mans Enemy may witness against him pro Domino nostro Rege Though I suppose the Kings advice was never asked for the present This was all that was done for that time On Thursday he was charged with the second Expression That he said Ireland was a Conquered Kingdom and that the King might prescribe them what Law he pleased This they aggravated as a prime note of his Tyrannical will and affection that would permit no Law to bound the Subject but what himself and such as he might draw up by sinistrous informations from a gracious and well meaning Prince and if this were admitted the whole Power and Liberty of the Republique would be utterly lost To this he replied that neither was the Expression in those words nor in that sence spoken or meant by him The first part of it said he cannot be denied To the second that he had said only that the King was the Law-giver which he hoped none could deny without incurring the Crime of Treason And that the Kings Sentence was a Law in matter not determined by Acts of Parliament which all but disloyal Subjects would grant and that it had ever been his endeavour to have the Liberty of the Subject and the Royal Prerogative follow both in one Channel If either of them crossed other we could expect nothing but a Subversion of the Common-Wealth either by Tyranny or Rebellion That the Prerogative was like the first the Liberty of the Subject like the second Table either both or neither can be preserved that in his duty he stood obliged first to the King as Gods Anointed then in the second place to his Countrey if it did not crosse the Regal Power And therefore hoped that what he had spoken was so far from being Treason that he thought a thousand such Expressions would not make up one Fellony On Friday the two other Expressions were followed That he said He would not suffer his Ordinances to be disputed by Lawyers before inferiour Judicataries and that he would make an Act of State equivalent to an Act of Parliament To the first he said that he had often said more then once that he would not suffer his Ordinance to be contemned because in him his Masters Honour was wounded To the second He thought a proportionable obedience was due to Acts of State as well as to Acts of Parliament otherwise they were made in vain if that both did not bind in one kind The Lord Cork though his mortal Enemy was now examined and admitted as a Witness whom in his Deposition he convinced of two shameful oversights For Corke had declared upon his Oath that the Lieutenant had caused to be interlined an Ordinance against himself and had caused some words to be scraped out which words were notwithstanding still found to be in the Sentence by an authentique Copy under the hand of Sir Paul Davison Clerk to the Councel-board of Ireland Then Cork alleaged that he had advanced a Groom of his to be a Preacher who by a Testimony from the University of Dublin he verified to have been a Master of Arts ten or twelve years before his advancement adding withal that my Lord of Cork was an excellent Scholler who was able to breed such Grooms Upon Satturday having done with his Expressions they canvased the first Article about his Actions Against the Lives of the Kings Subjects both in the Case of the Lord Mount-Norris and also of another of the Kings Subjects both of whom he had Sentenced to Death by Martial-Law contrary to all Law and to the manifest Subversion of the Priviledges of Subjects Magna Charta and the Petition of Right To the Lord Mount-Norris his Case he Replied 1. That though that Sentence had been unjustly given and rigorously prosecuted against him yet the greatest Crime that he could be charged withal would but amount to Man-Slaughter or Fellony at the most 2. That he hoped though this were true to obtain a Pardon from his gracious Master the Kings Majesty as well as Conway and Sir Jacob Ashley had lately done for eâ—ercising Martial Law in the Northern Army Then he Replied to all the parts of the Charge which were four 1. That he had exercised Martial Law in time of Peace To this he Answered 1. That all Armies have been and must be governed ever by Martial Law 2. That there is a standing Army in Ireland and therefore the Case is all one is time of Peace or War And that the Army might be undone if they should not use Martial Law but were to expect Remedy for the setling of a Mutiny or assurance of obedience from the Common Law 3. That it had ever been the practise of the Deputies particularly of Wilmot Faulkland Chichester yea Cork himself and therefore was no new thing brought in by him This he proved both by the production of the Military Ordinances and by divers Witnesses who knew Sentences given in that kind by them 4. That he had a particular Warrant in his Commission for this Power 5. That in the Lord Mount-Norris his Case he was commanded to exercise the same by the Kings particular Letter both which he caused to be read The second Charge was That he was both Party and Judge in the Lord Mount-Norris 's Cause To this he Replied That he had sitten in Judgment because he was one sine quo non the Judgment could not proceed without him but that he was not Judge but Party appeared 1. Because he sate discovered all the time 2. Because he refused to give his own Opinion 3. Because he did not give his Suffrage
the other Secondly That neither he nor they had ever given Sentence or determined any thing concerning Matters of Inheritance but only concerning violent intrusion which fell directly within a Suit of Equity To which he added First The Equity of that Court that it proceeds upon the same Grounds and Evidences of that of the Common Pleas and that he had the assistance of two of the Learned Judges in deciding the Controversie Secondly The Profit of that Court which dispatcheth the poor in a day or two whereas the Common-Law would keep them so many years which they are not able to sustain Thirdly The Necessity of that Court in that Kingdom which hath been ever governed by that way and therefore impossible to debarr the Natives from it without great inconvenience for it would utterly undo them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable commanded to it and the Sentence just he hoped rather for Thanks from the State than a Charge for his ill Deportment withal he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that piece of Land and made the playing of his Game to be very foul And at last he added That he had done no more in Ireland than the Courtâ— of Request in England usually doth and that the Chancery-Court in Ireland doth the same daily and the last Chancellor was never Charged said he for such Proceedings though this his Power and Authority was less than mine But the difference of the Person and his Authority it seemeth differeth the Matter And this was the Business on Monday On Tuesday they passed by the 7th Article and the two first parts of the 8th about the Lady Hibbot's Land That he had violently thrust her from her Possession by this Summary way of Justice and afterwards Purchased the Land to his own use by borrowing the Name of Sir Robert Meridith In this Probation the Testimony of the Gentlewomans own Son was used of the Lord of Cork and the Lord Mount-Norris all his back-Friends or professed Enemies and yet they proved very little but what they took upon Hear-sayes Their prime Allegation was First That though the Major part of the Council-Board had Voted for the Lady yet the Lord Lâ—utenant had given Decrees against her Secondly That all was done to his own behoof To the First He produced the Sentence under the Hand of the Clerk of the Council-Board Subscribed by the Major part To the Second He attested that he had no under-dealing with Meredith for the Lady had got her own Lands back from the said Sir Robert Meredith he also declared at length with what fraud and deceit the Lady had come to her Lands and upon what Reasons they were restored After this Article they fell upon the 9th about the giving of Commission to the Bishop of Down and Connar for apprehending all such Persons and presenting them before the Council-Board as contemned the Ecclesiastical Ordinances ' This was aggravated as a Point mainly against the liberty of the Subject To this he Replied First He produced the Primate of Ireland's Testimony under his Hand he being himself sick that the same course had been used in Ireland before and that Bishop Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly He shewed the Equity that such assistance should be given to Church-men who otherwise because of Papists and Schismaticks either to God or the King would have no Repect or Obedience given them in that Kingdom Thirdly He proved by two Witnesses that such Warrants were in use before his time Fourthly He said he had never granted any but that one and had presently within some few Months called the same in again what said he was the Bishop of Downes carriage in it he had no reason to answer for but he presumed the Bishop could give a satisfactory answer for himself when he should be called in question and so he concluded that a matter so just so necessary so customary and practical before he hoped should not be Charged upon him as an Introduction of a new and Tyrannical Form of Government and therefore submitted himself to the Mercy of God and the Equity of his Peers in his Trial. And this was the Work on Tuesday ' The Ability of this brave Gentleman ravished his Hearers with admiration though he be ' infinitely spent both in Body and Mind by the continued and almost unâ—interrupted Agitation After the Ninth Article was passed against the Commission issued in favour of the Bishop of Down and Connar Upon Wednesday Mr Glyn proceeded to the Tenth Article The Charge was That the Earl of Strafford having established an Arbitrary and Tyrannical Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crown it self that by applying to his own use the Publick Revenues he might be the more enabled to accomplish his Disloyal and Trayterous Intentions To which end having by a new Book of Rates enhaunced the Customs he had gotten by advantage of his Lease above twenty six thousand pound yearly This they added was a Crime of higher nature than those contained in the preceding Articles because in those there was some colour or pretext of Justice here none those in Particulars this in General those against the Subject only this against the King himself For the Proof of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchess of Buckingham which the Lieutenant hath now by Assignment and some Difference shewn arising to the Sum of two thousand pounds in the Dukes Lease only the Moiety of concealed and forfeited Goods were due to him but the whole Goods to the Dutchess in her Lease Again the Kings Ships of Prizes did not pay Custom in the Dukes Lease in the Dutchesses they did Again the Impost of the Wines then belonging to the Earl of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly Whereas the Earl of Strafford paid but fourteen thousand pounds per annum for the Custom it was worth to him as was apparent by the Books of the Exchequer forty thousand pounds Witnesses were examined First Sir James Hay who deposed that the Earl of Carlile had an advantage of one thousand six hundred pounds per annum by his Lease of Wines Secondly The Lord Renelaugh who deposed that by the inspection of the Books of Accompts he had found the Customs to be Anno 1636. thirty six thousand pounds Anno 16â—7 thirty nine thousand pounds Anno 1638. fifty four thousand pounds Anno 1639. fifty nine thousand pounds With the Proof they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeal and Honesty in His Majesties Service yet it is evident he had abused the Trust put
Service The Lieutenant Replied First That though all the Charge were in the most strict and rigid way oâ— sence verified against him yet he could not conceive by what Interpretation of Law it could be rech't home to High-Treason and to that common objection that the Treason was not individual but Accumulative he replied that under favour he thought to that manner were as much as to say no Treason at all Because First That neither in Statute Law Common Law nor practise there was ever till this time heard of such a matter as Accumulative-Treason or a Treason-by way of Consequence but that it is a word newly coined to attend a Charge newly invented such an one as never was before Secondly That Treason was a thing of a simple and specificative nature and therefore could not be so by accumulation but either must be so in some or either of the Articles or else could not be so at all Thirdly He did conceive that it was against the first principles of Nature and false therefore could not be so by Accumulation but either must be so in some or each of the Articles or else could not be so at all That a heap or Accumulation should be and not be of Homo-genous things and therefore that which in its first being is not treasonable can never confer to make up an accumulative Treason Cumulus an heap of Grain so called because every or at last some of the individuals are grain if otherways an heap it may be but not an heap of Grain Just so perhaps these Articles may make up an heap of Felonies Oppressions Errors Misâ—demeanors and such like and to the thing it self I shall give an answer when under that name they shall be Charged against me but they can no ways confer to the making up of Treason unless some at the least be Treason in the Individual Secondly That the Testimonies brought against him were all of them single not two one way and therefore could not make Faith in matter of Debt much less in matter of Life and Death yea that it was against the Statute expresly to impeach a Man of High-Treason under the evidence of two famous Witnesses much less to adjudg and convince him upon attestation of one Thirdly To the Lord-Treasurers Testimony he did with all his heart condiscend unto it but upon shese grounds only that there was a present necessity of Money that all the Councel-Board had so voiced with him yea before himself and he always thought it Presumption in a Man not to follow the wiser and more judicious and that there was than a Sentence of the Star-Chamber for the right of paying Ship-Money for his part he would never be more prudent then his teachers nor give Judgment against the Judges and therefore he thought it not far amiss to advise the King for the collecting of that which by Law was his own in such a present and urgent necessity and although his opinion and it was no more had been amiss he hoped that though in case of Religion being attended with stubbornness and pertinacy it might come home to Heresie yet in his case opinion could not reach so far as Treason unless it be Treason for a Man to spake his Judgment freely when he is upon his Oath to do the same Fourthly For the words about fining he had already acknowledged in his general Answers to be true but with these qualifications that it was his opinion only that it was upon the refusal as he conceived of a just service that he had spoken them by no means to prejudice the Citizens but to make them the more quick and active in the Kings service that no ill consequence at all hapned upon them that they were words might have been spared indeed but innocently though suddenly spoken which he hoped might proceed from a Man of such a hasty and incircumspect humor as himself made so both by nature and his much infirmity of body without any mind at all to Treasen and that if all Chollerick expressions of that nature should be accounted treasonable there would be more suits of that kind fly up and down Westminster-Hall then Common-Law Fifthly To those words attested by the Alderman he positively denied rhem and hoped they should never rise up against him in Judgment because the Testimony was single and not positive but only to his best remembrance and that it was exceeding strange that not any one man neither of the Councel or other Aldermen were so quick to observe them but only Alderman Garway which he thought sufficient to nullifie that single Testimony except he could demonstrate himself to have some rare and singular faculty of hearing In the Close He desired the Lords from his misfortune to provide for their own safety and seriously to consider what a way was chalked out to ruin them both in their Lives and Estates if for every opinion given in Councel or words suddenly or hastily spoken they who are born to weild the great affairs of the Kingdom should be Arraigned and Sentenced as Traytors Then they went to the twenty sixth Article and Charged thus That the Lord Strafford having by his wicked advises exhausted the Kings Treasury did also Councel him First To imbase the Coin by an allay of Copper-Money Secondly To seize upon all the Bulloin in the Mint Thirdly That in discourse with some of the Aldermen about that business he had said the City was more ready to countenance and relieve the Rebels than the King and that the King of France did use to manage such businesses not by Treaties or Requests but by sending forth his Commissaries to take Accompt of Mens Estates accompanied with Troops of Horses The Proofs were First Sir Thomas Edwards who declared that in discourse with the Lord Strafford having remonstrated unto him that their goods were seized on beyond Seas because of the Money taken out of the Mint he told him that if the Londoners suffered it it was deservedly because they had refused the King a small Loan of Money upon good security and that he thought them more ready to help the Rebels than the King Secondly Mr. Palmer declared that he spake something about the King of France but whether with relation to England or not he did not remember Thirdly Sir William Parkise attested in the same words and withal that the Lord Cottington was then present and could declare the whole business Fourthly Sir Ralph Freeman declared that in a discourse with the Lord Strafford he had said that the servants in the Mint-house would refuse to work the Copper Money and he replied that then it were well to send those Servants to the House of Correction They closed the Charge That by such undutiful Councel and words he had given more then sufficient proof of his Design and purpose to subdue this Kingdom and subvert the Fundamental Laws and Priviledges of the same The Lieutenants Reply First That he had expected some proofs
about the two first particulars but did hear of none and that it was no small disadvantage to him to be charged with a great many odious Crimes by a Book Printed and flying from hand to hand through the whole Kingdom yet when they came to prove there should be no such thing laid against him Secondly About the Speeches He ingeniously confessed that some such thing might perhaps have escaped the dore of his lips when he saw their backwardness to his Majesties Service and as the times were then conditioned he did not think it much amiss to call that faction by the name of Rebels but yet he thought he had abundantly satisfied for that oversight if it was any at York For having understood there that the City of London were willing to make a Loan of Money he there before the great councel of the Peers expressed himself to this sence that the Londoners had sufficiently made up all their delays hitherto by their Act that the King was oblieged to their forwardness and that he himself should be as ready to serve them as any poor Gentleman in England About the other words he said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earl of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinal had given some such order as to leavy Money by forces this he said he only told the Lord Cottington standing by without the last application or intention concerning the English Affairs Cottington being examined upon this declared the same in the same manner Thirdly to Sir Ralph Freeman he said that his Testimony did not concern the Charge at all nor did he think any thing amiss in it though he had said it if the Servants of the Mint refused 〈◊〉 work according to directions they did deserve the House of Correction nor was it Treasonable to say the King might use that House for the Correction of his Servants as well as any Man in the Citty for theirs Fourthly He said that there was no great likelyhood that he had committed real Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had been fully verified and therefore in that as in all other Articles he reserved a power for his Councel to dispute in matter of Law They went to the Twenty seventh Article and Charged thus That immediately after his Appointment to be Lord Lieutenant to the Army here in England he shewed what Principles of Arbitrary Government lurked within his bosom for by his own immediate Authority without and against Law he had laid Impost of Money upon the Kings Subjects where they mention three Particulars First That he had imposed 8 d. per diem upon the County of York for entertaining the Trayned Bands there one whole Month. Secondly That they had sent out Warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That he said that it was a Crime nigh to the Crime of high Treason not to pay the saâ— Fourthly They added that in his general Replies he had brought two things for his defence first that this mony was freely and voluntarily offered by those in York-shire secondly that the great Councel of the Peers had notice of the same To the first they answered that a Petition was indeed preferred by the York shire men and a Month pay offered but that the Lord Srafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby he evidently declared what little â—nclination he had to that way To the Second They appeal'd to all the Lords present whether any such Order did pass before the Council of the Peers at York The Proofs were First A Warrant issued by Colonel Pennyman for this Money and another by Sir Edward Osborne Secondly Mr John Burrowes who declared that he was Clerk to the great Council but did remember of no Order and withal added that it might have passed at that time when he attended at Rippon Thirdly Mr. Dunston who declared that he had known that Money levied by some Musqueteers Fourthly By Sir William Ingram who declared that he had heard the Lieutenant say that to refuse the same came nigh to the Crime of High Treason The concluded the Charge That by these Particulars it was more than evident what unhappyâ— Purposes and Trayterous Designes he had to subdue this Kingdom and subvert the Fundamental Laws and Priviledges First To the Petition That it was a true Petition drawn up by the York-shire Gentlemen and as true that he had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties coming to York it was thought necessary for the defence of that County to keep the Trayned Band on foot because the Enemy was upon the Borders and therefore the King directed him to write to all the Free-holders in York-shire to see what they would do for their own defence The Time and Place were designed by the King but the night before the Meeting a small Number convented and in a private and factious way did draw up that Petition upon the morrow at their appointed Diet in presence of the whole Number the Petition was presented to him where he did advise them to leave out that Clause and that because he knew the King out of his own Gracious Disposition had intended to call a Parliament which he desired should rather be freely done than upon the constraint and importunity of Petitions moreover it would seem a Mercenary thing in them at one and the same time to offer a Benevolence and withal to Petition for his Favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of Mouth to offer unto the King the Months pay in their Names which he did accordingly in the presence of Forty of them to their no small advantage This he proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savil Sir Thomas Danby who all of them declared as much in ample terms and withal added That nothing was done upon better grounds of Necessity and Obedience than the Offer of â—hat Money and that they never had heard any man grudge against it to this time For the Second about the Council of Peers he alledged that he never made mention of any Order of theirs but he remembred very well it was twice propounded before them that the King had approved it at that time a just and necessary Act and none of the Council had contradicted it which he conceived as a tacit approbation and an Order in Equivalence But though that had not been yet there was nothing done in the Business but at the special desires of the Gentlemen themselves and for their necessary
Defence and Protection yeâ— though he had done it by himself alone yet he conceived he had so much power by his Commission causing the Commission to that effect to be read That albeit he should mistake his Commission and do some inferiour Act beyond it because Military proceedings are not alwayes warranted by the Common Law yet it should not be imputed as an Act of Treason to him And to this effect read a Statute of the Seventh of Henry the Second To the Proofs First Colonel Pennyman's Warrant or Sir Edward Osburnes it nothing concerned him and he doubted not but these worthy Gentlemen could justifie their own Act and that he had enough to do to answer his own Misdemeanors Secondly For Sir John Burrowes he was at Rippon when that Proposition was made Thirdly That as the Warrant so neither the Execution troubled him at all Fourthly For Sir William Ingram he was but a single Testimony and that such an one too as he could produce an Evidence to testifie he had mistaken himself in his Testimony upon Oath if it were not to disadvantage the Gentleman He concluded That he had done nothing in that Business but upon the Petition of that County the King 's special Command the Connivance at least of the Great Council and upon a present necessity for the Defence and Safety of the County And so much for Wednesday Upon Thursday the Committee for the Charge declared that they had done with all the Articles and were content to wave the last for Reasons best known to themselves only Sir Walter Earles added that he had some Observations to bring forth upon the two and twentieth Article which he conceived might do much to prove the Earl of Strafford's Designs for Landing the Irish Forces in England And they were First That in his Commission he had Power to Land them in Wales or in any part of England or in Scotland which were altogether superfluous unless there had been some purpose for the same Secondly That within two days before the Date of the Commission Letters were sent to the Lord Bridgewater and Pembroke from Sir Francis Windebank to assist the Earl of Worcester in Levying Forces for the Kings Service and these might be supposed to have intended a joyning with the Irish Thirdly That the Lord Ranelaugh at the raising of the Irish Army did fear such a Design as this Fourthly That the Town of Ayre in Scotland where the Lord Strafford pretended he would Land those Forces was fortified with a Bulwark a Garrison and Block house which would prohibit Landing there that the Earl of Argile's Bounds were divided thence by the Sea and that the Barr or Entry into the Town was very dangerous and shallow The Proofs were only the Reading of the Commission granted to the Lord Strafford The Lieutenants Reply First That his Commission was the same Verbatim with Northumberland's for England and and that it was drawn up by the Council-Board here and sent over unto him so no more Design in him than in the Gentlemen of the English Army nor no larger than that was put upon him Secondly That this was the first time he heard of any such Letters nor did they concern him more than any of the House Thirdly That he was not bound to purge the Lord Ranelaugh from all his Fears and that he had his own Fears too which God forbid should be Evidence of Treason against any man whatsoever Fourthly That it seemed the Gentleman had better Information from that Kingdom than himseâ—f yet he would be confident to say at Ayre there was never such a thing as a Block-House or Garrison But to remove all Scruples for indeed the Road or Landing-place is not there safe he declared that it was his intention to have Landed some Miles above Ayre and made only his Magazine of that Town To the Earl of Argiles Bounds he hoped the Gentleman knew they came not on foot out of Ireland but had Ships to wast and transport themselves and that one of his prime Houses Rosneth was within some few Miles of the same Frith The Lord Digby finding Sir Walter Earles on ground did handsomly bring him off and told the Lords that all their proofs for that Article were not yet ready and that this was a Superfoetation only of the Charge and that in such a Business ac the Plotting of Treason they must be content sometimes with dark Probabilities Then Mr. Glyn desired the Lieutenant to resume his Defence that they might give a Repetition of their Charge and so close the Process so far as concerned the matter of Fact He replied that in his Case all slackness is speed enough the matter touched him narrowly even in his Life and Estate yea in that which he esteemed above thâ—m both his Honour and Posterity and therefore he confessed he had no desire to ride post in such a Business That he knew the Gentlemen at the Bar if they were in his Case would think the time little enough except their more able Judgments could sooner dispatch the matter in hand and therefore he humbly intreated that that day might be granted to him for strengthening himself and recollecting his Thought and Spirits and to morrow he would be ready with his last Replies for himself which after a little Ceremony and Contestation was condescended unto by the House of Commons Upon Friday Morning about Eight of the Clock the Lieutenant of the Tower and my Lord's Chamber-Groom came to the Hall and gave information to the House upon Oath That the Lord Strafford was taken with an exceeding great pain and fit of the Stone and could not upon any conditions stir out of his Bed Mr. Glyn replied That it was a Token of his wilfulness not his weakness that he had not sent a Doctor to testifie the same The Lord Steward made answer that a Doctor could not be had perhaps so soon in a Morning nor was it possible for any Physician to give a certain judgment concerning a man's disability by the Stone because there is no outward Symptomâ— that appear Mr. Glyn excepted That if he did not appear upon Saturday Morning he should lose the privilege to speak in his own defence afterwards and they permitted to proceed The Lord Steward replied That the Lords had appointed four of their Number to go to the Tower and learn the just cause of his Stay and if by any means he were able he should be obliged to come then if not Humanity and common Equity would excuse him In the Afternoon it was reported that he was dead of which there can be no better reason given than the Humour and Genius of the Times that dally with nothing oftner than untruths and calumnies and certainly there are many men of shallow understanding and weak affections who either will not or cannot understand the Gentlemans worth but out of fearful and needless apprehensions are so desirous to hear of his Ruin
my Guilt If your Lordships will conceive of my Defences as they are in themselves without reference to either and I shall endeavour so to present them I hope to go away from hence as clearly justified as I am now in the testimony of a good conscience by my self My Lords I have all along my Charge watched to see that poysoned Arrow of Treason that some men would sain have to be feathered in my Heart and that deadly Cup of Wine that hath so intoxicated some petty misalleaged Errors as to put them in the Elevation of High Treason but in truth it hath not been my quickness to discern any such Monster yet within my Breast though now perhaps by a sinistrous Information sticking to my Clothes They tell me of a two-fold Treason one against the Statute another by the Common-Law this direct that consecutive this individual that accumulative this in it self that by way of construction For the first I must and do acknowledge that if I had the least suspicion of my own guilt I would spare your Lordships the pains cast the first Stone at my self and pass Sentence of condemnation against my self And whether it be so or not I refer my self to your Lordships Juâ—gment and Declaration You and only you under the favour and protection of my gracious Master are my Judges under favour none of the Commons are my Peers nor can they be my Judges I shall ever celebrate the Providence and Wisdom of your noble Ancestors who have put the Keys of Life and Death so far as concerns you and your Posterity into your own hands not into the hands of your inferiours None but your own selves know the rate of your noble Blood none but your selves must hold the Ballance in dispensing the same I shall proceed in repeating my Defences as they are reduceable to these two main points of Treason and for Treason against the Statute which is the only Treason in effect nothing is alleaged for that but the fifteenth two and twentieth and twenty seventh Articles Here he brought the sum of all his Replies made to these three Articles before and almost in the same words as before only that testimony of Sir Henry Vane's because it seemed pressing he stood upon it and alleaged five Reasons for the nullifying thereof First That it was but a single testimony and would not make Faith in a matter of Debt much less in a matter of Life and Death yea that it was expresly against the Statute to impeach much less to condemn him upon High Treason under the testimony of two famous Witnesses Secondly That he was dubious in it and exprest it with an as I do remember and such or such like Words Thirdly That all the Councel of eight except himself disclaim the words as if by a singular providence they had taken hold of his Ears only Fourthly That at that time the King had levied no Forces in Ireland and therefore he could not be possibly so impudent as to say to the King that he had an Army there which he might imploy for the reducing this Kingdom Fifthly That he had proved by Witnesses beyond all exceptions Marquess Hamilton the Lord Treasurer the Earl of Northumberland Lord Cottington Sir William Pennyman and Sir Arthur Terringham that there was never the least intention to land those Forces in England He went on So much for the Articles that concern Individual Treason To make up the Constructive Treason or Treason by way of Accumulation many Articles are brought against me as if in a heap of Felonies or Misdemeanors for in their conceit they reach no higher some prolifical seed apt to produce what is treasonable could lurk Here I am charged to have designed the ruin and overthrow both of Religion and State The first seemeth rather to have been used to make me odious than guilty for there is not the least Proof alleaged concerning my confederacy with the Popish-faction nor could there be any indeed never a Servant in Authority beneath the King my Master was ever more hated and maligned by those men than my self and that for an Impartial and strict executing of the Laws against them Here your Lordships may observe that the greater number of the Witnesses used against me either from Ireland or from York-shire were men of that Religion But for my own Resolution I thank God I am ready every hour of the day to Seal my disaffection to the Church of Rome with my dearest Blood But my Lords give me leave here to pour forth the grief of my Soul before you these proceedings against me seem to be exceeding rigorous and to have more of prejudice than equity that upon a supposed Charge of my Hypocrisie or Errors in Religion I should be made so monstrously odious to three Kingdoms a great many thousand Eyes have seen my Accusations whose Ears shall never hear that when it came to the upshot I was never accused of them Is this fair dealing amongst Christians But I have lost nothing by that Popular applause was ever nothing in my conceit the uprightness and integrity of a good Conscience was and ever shall be my continual Feast and if I can be justified in your Lordships judgments from this grand imputation as I hope now I am seeing these Gentlemen have thrown down the Bucklers I shall account my self justified by the whole Kingdom because by you who are the Epitomy the better part yea the very Soul and Life of the Kingdom As for my Design against the State I dare plead as much Innocency here as in matter of my Religion I have ever admired the wisdom of our Ancestors who have so fixed the pillars of this Monarchy that each of them keep a due proportion and measure with other and have so handsomly tied up the Nerves and Sinews of the State that the straining of any one may bring danger and sorrow to the whole Oeconomy The Prerogative of the Crown and the Propriety of the Subject have such mutual Relations this takes protection from that that foundation and nourishment from this And as on the Lute if any one string be too high or too lowly wound up you have lost the Harmony so here the excess of a Prerogative is oppression of pretended Liberty in the Subject Disorder and Anarchy The Prerogative must be used as God doth his Omnipotency upon extraordinary Occasions the Laws answerable to that potentia ligata in Creaturis must have place at other times And yet there must be a Prerogative if there must be extraordinary occasions the Propriety of the Subject is ever to be maintained if it go in equal pace with this They are fellows and Companions that have and ever must be inseparable in a well governed Kingdom and no way so fitting so natural to nourish and entertain both as the frequent use of Parliaments By those a commerce and acquaintance is kept betwixt the King and Subject These thoughts have gone along with me these fourteen
the Oath and Law-giver is the party only some have observed two remarkable things upon this First Some think it strange that seeing the House of Commons have lately fined the Convocation House upon this ground especially that they enjoyned an oath which is a Legislative power say they and only due to Parliaments how they at this time as if all the Legislative power were in them without the advice of the Lords I say not of the Church though in matters Ecclesiastical or approbation of the King which is conceived to be a mighty encroachment upon his Prerogative should offer either to prescribe or subscribe such an Oath as if it were essential to our Reformation ever to be done by the people without Authority of the Superiour Powers and yet before it pass into a Statute it must come in by a Bill â—steron proteron but perhaps it is hoped that by this Anti-dated subscription they shall find out the more easy passage for the Bill when it comes to be propounded Secondly That the House of Commons were four hours pleading upon that one expression in the Protestation The true reformed Religion expressed in the Doctrine of the Church of England Some who were more tender toward the Church and desiring that the word Discipline might be adjoyned to the word Doctrine but others mainly opposed that reasoning that no Discipline could be admitted but all to be esteemed as Popish that was not conteined in the Doctrine that is in the word of God which party at the last did prevail though the other affirmed that there was more express warrant in the word of God for Bishops than for ruling Elders but if some Hint be not there intended against the Deans and Chapters the Lyturgies and Ceremonies yea the very Bishops of the Church of England let any man judge and of what dangerous consequence that may be if those who pretend to have authority in all Church Affaires may be permitted to give Sentence is not difficult to determin This day the people met again but in smaller numbers they have threatned to come to morrow with all their main forces and not to desâ—â—t till the Lieutenant be executed and their other petitions obteined The Oath was likewise presented to the Lords and some say all of them except the eight Recusant Lords and four of the Bishops have signed the same but others say they have only admitted the Bill which is more likely I think it is Lucaâ— tells us the tale That when the 100 handed Gyant Briareus whom the Mithologizers of Poems use as a Type of the multitude was first brought into the world his Father Jupiter desired Mercury to set his Scheme and calculate the Stars of his Nativity no Father said Mercury that is needless a little time will shew his disposition for so many hands cannot belong Idle A very lively Idea of this business now in Agitation Your self may make the application by the events Upon Saturday May the eighth the Bill against the Lord Strafford past the Lords there were forty five present of which nineteen voiced for him and twenty six against him the greatest part of his friends absented themselves upon pretence whether true or suppositious that they feared the multitude otherwise his Suffrages had more than counterpoised the Voters for his death In the Bill he is condemned of Treason and all his English Lands the other part of the Coat is left for those in Ireland forfeited with an especial Proviso that this Act shall in no wayes he forceable against others than if it never had been made which to his friends of Judgment smells strongly of a particular hatred against him as if the same common way of Justice should not equally strike against all which it should do in true Justice but that Crimes did differ in their Subjects Two ways there were to have proceeded against him by a Legislative or by a Judiciary power both did strike home alike at his life and his Estate both alike ready both sure by reason of the proofs the Difference only this this might have been done without the King that only by him because this is a Sentence that a Statute A man would think the Judiciary way had been the more sure and that the King would rather have connived and not exercised his Prerogative by a Reprival than to have Intressed himself in the Legislative proceedings by consenting to the Act against him in whom the world conceived for by past and future services he had so great an Interrest But they it seems notwithstanding his Majesties late Attestation of the Gentlemans Innocency in point of Treason were more confident of his gracious Inclination to Justifie their own Act and more desirous too that he should demonstrate his willingness in punishing such transgressors and therefore the Bill went on by the Statute The same day another Bill passed both the Houses that because of the important business of the Kingdom the Parliament should not be broken up by the King without the special advise and consent of both the Houses till all their grievances were redressed and their safety provided for which space of time for any thing I know may last till dooms day some would have had the prefinition of 5 some 7 some 9 years put to it others replyed that this would be both odious and dangerous odious in that it should seem so long a Parliament dangerous in that the time may happen out possible to be longer some think it an honour I rather â— fatality or to sweeten the word a Providence that both their Bills should pass at once as if Generatio â—nius were Corruptio alterius And this new Government should take life from the death of the Earl of Strafford In the afternoon the House of Commons desired access to the King in the Banqueting House and having stayed there an hour for his coming in three words they propounded these two great Bills desiring that he would give his Royal Assent to them both Quod si non prosint singula Juncta Jubant Withall humbly shewing that the present danger of the Kingdom could admit of no delayes The King told them they should expect an answer on Monday Morning The Court at this time was surcharged with a confluence of People quasi Civitas tota sedibus suis mota as if the whole City was come to petition for Justice a Government indeed worse than a Democracy where the people do not rule but play the Tyrants If there were no Monarchy there needs no conscience to obey it But where it is and cannot protect it self the good subject must either forget himself or his loyalty A two edged sword killing either the body or the soul nor in this are men in better case than the winged Fishes that our Southern Mariners tell us of which if they swim beneath the water are catch'd by Dolphins if they fly above for refuge snatch'd away by the hungry Ravenous souls Lord help then the
this wonder of the Times only I leave his virtues to speak the rest to the Admiration of Ours and Compassion of succeeding Ages A Letter to a Friend BElieve me Sir this blessed departure of his hath put me in love with Scaffolds more than Death-beds Let it be my Paradox if not Prophetical to me that it is the best kind of Dissolution provided there be Innocence to uphold the Conscience and with good men at least to maintain the Reputation afterwards Here you are attended with the Pregnancy of Judgment and Memory not weakned nor clouded with tedious and giddy Sicknesses Here you have a time prefixed and must of necessity concentricate your self and your best resolution elsewhere Nature is unwilling to find a Suspension abhorring its own Destruction Imo quam multos in medio scelere mors occupavit medium secuit crimen Here a Moment ends the Pain which perhaps not seven Apprentiships elsewere and here if any where we find pitty yea deservings both with God and good men but he that sent us hither must prescribe us the way of our return Vpon that very day of the Execution in the Afternoon Abyssâ—s abyssum invocat Blood calls for Blood there happened a conflict betwixt the Scots and English Army no certain number yet reported nor what occasion some say Six score some Three score Scots some Twenty some Thirty English only the matter it self was represented by the General the Lord Holland upon a Letter from Sir John Conniers to the Parliament upon Friday with a mighty regret that he had been appointed for Peace but that unhappy rub had fallen out much contrary to his desire The King sent a Letter the day before the Execution by the Prince to the Vpper-house desiring the Rigour of that Sentence might be remitted but it was sent back unbroken up for fear either to refuse the King or discontent the People God forbid His Majesty should give so slender an ear to their Petitions The Lord Strafford's Children are restored to all his Estate and if they Petition for it shall be to his Honours too the House of Commons have been as forward in this as any else whether to make some recompence to them or to give proof to the Nobility lest they should be scared by the example that not so much the Means as the Man was aimed at But it will be a Question whether they can restore that Head too when the Kingdom shall need its service It is to be feared that his great Abilities will shortly be more understood by our want of them than our fruition so dark is mans understanding in Preserving that which is virtuous and useful amongst us Virtutem Incolumem odimus The Earl of Strafford's Letter to His MAJESTY IT hath been my greatest grief in all my troubles to be taken as a person that should endeavour to present and set things amiss between Your Majesty and Your People and to have given Councel tending to the disquiet of Your Majesty and Your three Kingdoms Most true it is that such an attempt my private condition considered had been a great madness seeing through your gracious favour I was so provided as I could not expect in any kind to mend my Fortune or to please my mind more than by resting where your bounteous hand had placed me nay the business is most mightily mistaken for unto your Majesty it is well known that my poor and humble advices concluded still in this That your Majesty should never be happy 'till there were a right understanding procured betwixt you and them No other means to effect and settle this happiness but by the Councel and Assent of the Parliament and no way to prevent the growing Evils of this State but by putting your self entirely upon the Loyalty and good Affection of your Subjects Yet such is my misfortune the truth finds little credit the contrary it seems generally believed and my self reputed the cause of this great separation betwixt you and your People Under a heavier Censure than this I am persuaded no Gentleman can suffer and now I understand that the minds of Men are the more incensed against me notwithstanding your Majesty hath declared That in your Princely Opinion I am not guilty of Treason nor are you satisfied in Conscience to pass the Bill This brings me into a great streight Here is before me the ruin of my Children and Family hitherto untouch'd in all the branches of it with any foul Crime Here are before me the many Evils which may befall your Sacred Person and the whole Kingdom should your self and the Parliament be less satisfied the one with the other than is necessary for the King and People Here are before me the things most valued most feared by mortal Men Life and Death To say Sir there hath not been a conflict within me about these things were to make my self less Man than God knows my infirmities will give me leave and to call a destruction upon my self and my young Children where the intentions at least of my heart have been innocent of this great Offence may be believed would find no easie consent from Flesh and Blood But out of much sadness I am come to a Resolution of that which I take to be best becoming me that is To look upon that which is principally to be considered in it self and that is doubtless the prosperity of your sacred Person and the Common-wealth infinitely to be preferred before any Man's private Interest And therefore in few words as I have put my self wholly upon the Honour and Justice of my Peers so clearly as I wish your Majesty hath been pleased to have spared that Declaration of yours on Saturday last and to have left me entirely to their Lordships so now to set your Majesty's Conscience at Liberty I do most humbly beseech You for the preventing of such mischiefs as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed Agreement which God I trust shall for ever Establish betwixt you and your Subjects Sir my consent herein shall acquit you more to God than all the World can do beside To a willing Man there is no injury done and as by God's Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul so Sir I can give the life of this World with all chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in your goodness you would vouchsafe to cast your gracious Regard upon my poor Son and his three Sisters less or more and no otherwise than their unfortunate Father shall appear more or less guilty of this Death God preserve your Majesty Tower May 9. 1641. Your Majesties most Humble and Faithful Subject and Servant STRAFFORD The Petition of THOMAS Earl of STRAFFORD to the Right-Honourable the