the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee 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 warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert Kâ—ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a disâ—ourse with the Primaâ—e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee 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 Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he 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 himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficulâ—y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe 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 Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse 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 Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall 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 therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes 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 prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
praejudiciall unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fixe the Arguments otherwise hee could conceive no possible way of proceeding And therefore in the Lord Straffords name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in Lawe were unnecessary but whether done or not done 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 bias and will heare of nothing but the Bill of Attainder but the Lords seeme to be more resolute then before because they finde that they have no Authority to declare a Treason in a fact already past the Salvo of the twenty fift of Edward the third being Repealed withall that if the Bill of Attainder should proceede the King hath as great power to hinder that at the last blow as any other Stat. but I hope the Lords will disburthen him of that envie All they which stand oblieged to the Lord Strafford in blood affection or deserving and all who have beene interessed with him in the Kings service and many too who both hate his person and dislike his proceedings will doubtlesse looke to it and tender their owne safety all of them in likelyhood being subject to the Charge of Treason if ever they chance to be called to doe the King service in any place of importance I cannot expresse 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 dies his very enemies will confesse that it is done more for necessity then for Justice and rather for the satisfaction of rancorous apprehensions then for any guiltinesse in the Cause Thursday last viz. Aprill 29. was designed for the Agitation Thursday of the long intermitted busines concerning the Lievetenant And the way was this The Lords did meete at the great Hall at Westminster about nine of the clock not in their Robes nor did the Lord Steward The foâ—mality â—f a conference sit upon his sack but with the rest promiscously nor did the Committee for the House of Commons stand at the Barre but sat with the rest of their fellowes and the Earle of Strafford sat behinde 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 Queene and Prince were there according to their custome not a man spake a word in the house all the time but only Master St. John the Kings 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 withall to reply to what the Lord Strafford had spoken eyther by himselfe or his Councell in matter of Lawe The Speech is in Print If it were not without my Sphere to give my opinion of Master St. Johns speech it should be this That he spake little or nothing to purpose except in his fift or sixt Arguments and in them I beleeve without his booke if not I should conceive it better and safer to live under the Lawes of any other Nation then these of England where all Lawe 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 seeme to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the pleaders penurie others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Master St. John did rather advantage then hurt the Earle by his pleading The next news which we expect to heare 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 answere that of Treason He dies as we heare upon the twenty third Article for the words attested by Sir Henry Vane though his Majesty publiquely protested the words were never spoken by him Upon the close of Master St. Johns speech the House dissolved nor was there a word spoken but by Master St. Johns only the Lord Lievetenant used the last part of his Rhetorique and by a dumbe eloquence Manibus ad Syderatensis all along Master St. Johns speech made his Replies with a deepe silence Upon Friday he Petitioned the Lords to be heard againe 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 speake againe Upon this information or what else is not known the King it seemes fearing the Inconstancy of the Lords came to the House on Saterday at ten of the clock and having called for the House of Commons spake much to this effect THAT Hee had sincerely without Affection The Kings speech to the House of Commons or Partialitie endeavored to informe himselfe concerning the Livetenants Charge and had at length seriously pondered with himselfe both concerning the matter of Fact and the matter of Lawe and now it stood him in hand to cleere their judgements then to exonerate his own Conscience For them Hee 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 Livetenant had beene more misunderstood then in that Which imputation did in no small measure reflect on himselfe the King as if he had intended to make War upon his own good Subjects which thought he said was farre enough from his brest nor could any man in probability thinke so unworthily of him who had perceived how graciously he had dealt with his Subjects elsewhere that had deserved a great deale worse Secondly That the Lievetenant had never advized him to establish an Arbitrary Government nor if he had should he have escaped condigne punishment nor would any of his good Subjects ever
hee had Strafford's Reply given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would hee spend time in vaine Repetitions for the present Article though in all its parts it were granted to be true yet hee could not perceive by what Interpretation of Lawe it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanour Oppression or Felony hee made no doubt but hee should bee very able to cleere himselfe abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions Hee was content to steppe so farre out of the way as to give answere First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchesse of Buckingham or whether she had obteined a more easy Condition then the Duke her husband especially seeing that same was graunted some yeeres before his comming to that Government yet thus much hee could say That the Dutchesse had paid thirty thousand pound fine and therefore no mervaile her yeerely rent was the lesse Secondly For the booke of Rates wherein the chiefe matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 3 yeers before his going into Ireland and therefore it was exceeding strange in his apprehension how that could rise up in judgement against him Thirdly That hee had his Interest in the Customes by Assignation of a Lease from the Duchesse which was given her before his Government nor did hee ever heare it alleaged as a Crime of Treason for a man to make a good bargaine for himselfe Fourthly That not of his owne accord but at the Kings speciall Command hee had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customes might bee improved for the benefit of the Crowne and the true value thereof discovered This hee proved by the Lord Cottington and Sir Arthur Ingram Fiftly That when a new booke of Rates was recommended to him by the Councell-Board of England in the time of his Lease he so farre preferred a feare hee had That the Trade of Ireland might thereby be discouraged before his owne Commodity as hee presumed in all humility to refuse the said book of Rates and tendred his Reasons thereof to the Kingdome and Councell-Board of England Sixtly That hee never understood that the Customes could arise to those great summes alleaged but though they should yet his advantage was but small for first dividing the fourteene thounds hee paid to the King then five parts of eight which was yeerely given in upon Oath and that procured first by himselfe at the Exchequer Board the other three parts divided amongst foure of them which were equall sharers in the Lease would not amount to any great summe of money And therefore except it were Treason for him to have improved the Kings Revennue encouraged the Trade and refused the new booke of Rates hee could in his owne weake judgement discerne none there nor could hee thinke it a Crime for him to take an Assignation of a Lease graunted before his time and to insist in the booke of Rates used before his comming over And therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries then as a thing spoken in good earnest by them The same day the eleventh Article concerning Tobacco was Charge Aâ—tic 11. Charged on by the same man Master Glyn after this manner That for the farther advancement of his Tyrannicall and Avaritious Designes hee had of himselfe established a Monopoly for the restraint of Tobacco in that Kingdome where they offered five particulars to the proofe First That hee had restrayned the Importation of Tobacco Secondly That in the meane time hee had brought in a great quantity himselfe and sold the same at exorbitant Prizes Thirdly That of Tobacco already imported hee had forbidden any to bee sold but what was first sealed by his Officers Fourthly That upon a pretended disobedience hee had punished a great number of People by Seizures Imprisonments Fineing Whipping Pillory and such like cruell and inhumane usages Fiftly That by these meanes hee had gayned one hundred thousand pounds yeerely For Proofe hereof First The Proclamation for restrayning Tobacco was read Secondly The Proclamation about the sealing of the same Thirdly Some witnesses who declared that Shippes had beene restrayned from landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fiftly The Remonstrance of the House of Commons in Ireland declaring that the Earle had fold 500 Tunne of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That hee had sucked up the blood and eaten up the Kings Liege-people and had by this one point of Oppression raysed greater summes to himselfe then all the Kings Revenue in that Kingdome extended unto And therefore was lyable 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 Lievetenantss Reply was That his most secret thoughts were conscious of nothing but Straffords Reply of a sincere intention and indeavor to promote and advance the well-fare of that Kingdome And withall hee conceived by their leaves that nothing in that Charge could have the least referrence to Treason yet as hee said before for removing of all prejudice he was content to answere First That long before his comming 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 Trades-men for this Commodity paid but twenty pounds a yeere to the Crowne for the Impost but now 4000 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 Crowne Fourthly That hee had expresse command from the King for issuing those Proclamations and therefore could not Imagine more danger in them then in others for Monopolies in England in the worst sence Fiftly That the Proclamations were sent forth not by himselfe alone but by the whole Councell-Board of Ireland Sixtly That for the contract of Tobacco hee was so tender of it that it was sent over hither and seene and approved of by the Councell-Board of England before it was condiscended to in Ireland For the Proclamations Hee told them it was his own opinion and if hee failed in it hee humbly craved pardon and hoped that it should not bee Treason to have no more judgement then God had bestowed on him that the King was indued by God with a power to make temporary Lawes and cause the same to be promulgated for the good of his People upon suddaine emergent occasions to which Lawes obedience is due till
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged 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 then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse 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 farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts 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 learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star 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 Councell 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 Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee 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 foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton 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 praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly 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 Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre 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 hee not publicus Inspector Regni Stands it not him in hand to do somthing on present
necessities And that these were his words he often proved over and over againe by the Marquesse by the Lord Treasurer Cottington Sir Tho. Jerminâ— My Lords what I have kept to the last said he is this and I would intreate you seriously to thinke 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 rak't to finde out Treason against him who never knew what it meant what earthly man shall passe free from Treason Let my misfortune my Lords be your advertisement your wise Ancestors were glad to put bands and limitts 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 peeces But my Lords I did never thinke till now that matter of Opinion should be objected as matter of Treason For first opinions are free and men may argue both pro con in all faculties without any staine of his reputation otherwise all consultations would be vaine Secondly I may be of another judgement then I declare my selfe to be of opinion perhaps to gaine better Arguments for the maintenance of my owne Grounds Thirdly Many and my selfe often times have propounded my Opinion yet upon hearing better judgements have presently changed it Fourthly We use to strayne our opinions too high sometimes that we may meete in a just moderation with those whom we conceive in the other extremity to be too low Fiftly It is expresly commanded by the Star Hen. 6 9 that though a man should say the King is not lawfull heire to the Crowne 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 transcendent and superlative nature then any alleaged by me to he spoken But my Lords said hee lay it to your hearts it must come to you you and your posterity are they whom God and Nature Byrth and Education have fitted to beautify the Royall-Throne and to susteine the weighty affaires of the Kingdome If to give your opinions in Politicall Agitatious shall be accounted Treason who will be willing to serve the King or what a dilemma are you in If being sworne Councellors you speake not your minds freely you are convict of perjury if you doe perhaps of Treason What detriment what Incommodity shall fall to King and Kingdome if this be permitted Which of you hereafter will adventure yea dare adventure so much as to helpe by your advise unlesse you be weary of your lives your estates your posterity yea your very Honour Let me never live longer then to see this confusion yea I may say it this inhumanity in England for my part my Lords I here confesse my selfe I ever have and ever shal speake my opinion freely in any thing that may concern the Honor and safety eyther of my gracious King or my deere Countrey though the sword be two edged fearing rather him that killeth the Soule then him whose power reacheth only to the body Nor doe I see how I am culpable of Treason unlesse it bee 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 there is no great losse yea there may be a great gayne if by the same I may seeme to have dared too farre to give a testimony to the World of an Innocent conscience towards God and a Resolute loyalty towards my Prince which have ever beene my only Pole-starres 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 Nobility which I hope your Lordships will looke too there is no disadvantage at all suffered by the losse of me You have his very words as neere as I could recollect Tuesday was a day of Rest Upon Wednesday Whitlock Charged thus That the praeceding Wednesday Whitlocks Chaâ—ge 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 Country But puting these defigned projects into Extention which had undoubtedly hapned to the ruine and subversion both of Church and State had not the clemency goodnesse of the Prince and the Piety and carefulnesse of the well affected Peeres timously foreseene and prevented the same that still the Principles of Tyrany and Oppression had lodged within his bosome and therefore had burst forth into these expressions and advises conteined in the following Articles where first in the twenty fifth they Charged him with three things First That hee had advised the King to a rigorous and unlawfull exaction of Ship-money Secondly That he had given Councell that if the Shreeves should deny their best endeavors and assistances to that effect they should bee sent for and fined by the Starre-Chamber and Impâ—isonment Thirdly That when the Aldermen of London had in all humility represented the Causes why the Ship-money could not be collected amongst them and had given in the Reasons why they refused to give in a List of their names within their City who were able to affoord the Loan-money Hee in a contemptuous Tyrannicall manner in the face of the Councell-Boord had said to the King Sir These men because of their obstinacy and frowardnesse deserved very well to bee fined ransomed and layed by the heeles And it will never goe well with your service untill some of them be hâ—nged up for examples to other The Proofes were these First The Bishop of London Lord Treasurer who declared that he remembred the words very well that the Lord Lievetenant had advised the King to cause the Ship-money to be gathered in but he remembred withall that both himselfe and all the Councell had done the like and that it was upon a present necessity and defect of money for entertayning the Army which the condition of the times considered they all conceived was by any meanes to bee kept on foote Secondly Alderman Wiseman declared that upon an humble Remonstrance made to the Councell-Boord 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 bee fined ransomed and laid by the heeles but for the words of hanging them up hee heard not at all Thirdly the Earle of Barkeshire declared that the Lord Strafford had said that upon the refusall of such a service enjoyned by the Kings peremptory command it was his Opinion they might be fined Fourthly Alderman Garway attested the preceding words and withall added that the Lord Lievetenant to his best remembrance had said It were well for the Kings service if some of theem were hanged up They closed the Charge That by such undutifull
a Just and necessary act and none of the Councell had contradicted it which hee conceived as a tacit approbation and an order in Equivalence But though that had not beene yet there was nothing done in the businesse but at the speciall desires of the Gentlemen themselves for their necessary defence protection yea though hee had done it by himselfe alone yet hee conceived hee had so much power by his Commission causing the Commission to that effect to bee read That albeit he should mistake his Commission and doe some inferiour Act beyond it because Military proceedings are not allwayes warranted by the Common Law yet it should not bee imputed as an Act of Treason to him And to this effect read a Statute of rhe seveneth of Henry the second To the Proofs First Collonell Pennymans warrant or Sir Edward Osbornes it nothing concerned him and hee doubted not but these worthy Gentlemen could Justifie their own Act and that hee had enough to doe to answer his own Misdemeanors Secondly For Sir John Burrowes hee 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 hee was but a single testimony and that such an one too as hee could produce an evidence to testifie hee had mistaken himselfe in his testimony upon oath if it were not to disadvantage the Gentleman Hee concluded that hee had done nothing in that businesse but upon the petition of that County the Kings spetiall command the connivence at least of the great councell 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 Thursday Charge Sir Walter Ecarles Observations they had done withall the Articles and were content to wave the last for reasons best known to themselves only Sir Walter Earles added that hee had some observations to bring forth upon the two and twenteeth Article which hee conceived might doe much to prove the Lord Straffords designes for Landing the Irish forces in England And they were First That in his Commission hee had power to land them in Wales or in any part of England or in Scotland which were all together superfluous unlesse there had beene some purpose for the same Secondly That within two dayes before the date of the Commission Letters were sent to the Lord Bridgewater and Pembroke from Sir Francis Windebanke to assist the Earle of Worcestor in Levying forces for the Kings service and these might bee supposed to have intended ajoyning with the Irish Thirdly That the Lord Ranelaugh at the raising of the Irish Army did feare such a Designe as this Fourthly That the towne of Ayre in Scotland where the Lord Strafford pretended he would land those forces was fortified with a Bulworke a Garrison and Block-house which would prohibit landing there that the Earle of Argiles bounds were divided thence by the Sea and that the Barr or entrie into the towne was very dangerous and shallow The Proofes were only the reading of the Commission granted to the Lord Strafford The Livetenants Reply First That his Commission was the same Verbatim with Northumberlands for England and that it was drawn up by the Councell board heere and sent over unto him So no more designe in him then in the Gentlemen of the English Army nor no larger then that was put upon him Secondly That this was the first time hee heard of any such Letters nor did they concerne him more then any of the House Thirdly That hee was not bound to purge the Lord Ranelaugh from all his feares and that he had his own feares too which God forbid should be evidence of Treason against any man whatsoever Fourthly That it seemed the Gentleman had better Information from that Kingdome then himselfe yet hee 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 indeede the Roade or landing place is not there safe hee declared that it was his intention to have landed some miles above Ayre and made only his Magâ—zine of that towne To the Earle of Argiles bounds hee hoped the Gentleman knew they came not on foot out of Ireland but had shipps to waft 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 handsomely bring him off and told the Lords that all their proofs for that Article were not yet ready that this was a Superfaetation onely of the charge and that in such a businesse as the plotting of Treason they must be content sometimes with darke Probabilities Then Master Glyn desired the Livetenant to resume his defence Glyns charitable speech that they might give a repetition of their Charge and so close the processe so farre as concerned the matter of Fact Hee replyed that in his case all slâ—cknesse is speede enough the matter touched him narrowly even in his life and estate Straffords Reply yea in that which hee esteemed above them both his honour and his posterity and therefore hee confessed hee had no desire to ride post in such a businessâ— That hee knew the Gentlemen at the Barre if they were in his case would think the time little enough except their more able Judgements could sooner dispatch the matter in hand And therefore hee humbly intreated that that day might be granted to him for strengthening himselfe and recollecting his thoughts and spirits and tomorrow he would be ready with his last Replies for himselfe which after a little Ceremony and contestation was condiscended unto by the House of Commons Upon Friday morning about eight of the clock the Lievetenant Friday he was hindred from coming by a sit of the stone of the Tower and my Lords chamber-Groome came to the Hall and gave information to the House upon Oath that the Lord Strafford was taken with an exceeding great paine and fit of the Stone and could not upon any conditions stirre out of his Bed Master Glyn Replyed That it was a token of his willfullnesse Glyn againe not his weakenesse that hee had not sent a Doctor to testifie the same The Lord Steward made answere that a Doctor could not be had perhaps so soone in the morning nor was it possible for any Phisitian to give a certaine judgement concerning a mans disabilitie by the Stone Because there is no outward Symptomes that appeare Master Glyn excepted That if he did not appeare upon Satterday morning he should lose the priviledge to speake in his owne defence afterwards and they permitted to proceede The Lord Steward Replyed that the Lords had appointed foure of their number to goe to the Tower and learne the just cause of his stay and if by any meanes he were able he should be oblieged to come then if not Humanity and
told him that he himselfe did not use to admit of exceptions against witnesses and therefore was to expect the same measure Hee replyed that Master Pym might one day perhaps bee 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 witnesse was received because in matter of Treason a mans enemy may witnesse 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 hee was charged with the second Expression Thursday That hee said Ireland was a Conquered Kingdome and that the King might praescribe them what Lawe he pleased Expres 2. This they aggravated as a prime note of his Tyrannicall will and affection that would permit no Law to bound the Subject but what himselfe 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 hee replyed That neyther was the Expression in Straffords Reply those words nor in that sence spoken or meant by him The first part of it said hee cannot bee denied To the second that hee 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 dsloyall Subjects would grant And that it had beene ever his endeavor to have the Liberty of the Subject and the Royall Prerogative follow both in one Channell If either of them crossed other we could expect nothing but a subversion of the Common-wealth eyther by Tyranny or Rebellion That the Praerogative was like the first the Liberty of the Subject like the second Table eyther both or neither can be preserved That in his duty hee stood oblieged first to the King as Gods Anointed then in the second place to his Countrey if it did not crosse the Regall Power And therfore hoped that what hee had spoken was so farre from being Treason that hee thought a thousand such Expressions would not make up one Felony On Friday the two other Expressions were followed That Friday hee said Hee would not suffer his Ordinances to bee disputed by Lawyers before inferiour Judicatories and that hee would make Express 3. 4. an Ast of State equivalent to an Act of Parliament To the first hee said that hee had often said more then once that hee would not suffer his Ordinance to be contemned because in him his Masters Honour was wounded To the second Hee thought a proportionable obedience was due to Acts of State as well as to Acts of Parliament otherwise they were made in vaine if that both did not bind in one kinde The Lord Corke though his mortall Enemy was now examined Corks two falls and admitted as a witnesse whom in his Deposition hee convinced of two shamefull oversights For Corke had declared 1 Interiyning upon his Oath That the Lieutenant had caused to bee interlined an Ordinance against himselfe and had caused some words to be scraped out which words were notwithstanding still found to be in the Sentence by an authentique Coppy under the hand of Sir Paul Davison Clearke to the Councell-boord of Ireland Then Corke alleaged That hee had advanced a Groome of 2 His Groome his to be a Preacher who by a testimony from the University of Dublin he verified to have beene a Master of Arts ten or twelve yeeres before his advancement Adding withall that my Lord of Corke was an excellent Scholler who was able to breede such Groomes Upon Satterday having done with his Expressions they canvased Satterday the first Article about his actions Against the Lives of the Kings Subjects both in the Case of the Charge 1. Lord Mount-Norris and also of another of the Kings Subjects both of whom hee had Sentenced to Death by Martiall Law contrary to all Lawe and to the manifest subversion of the Priviledges of Subjects Magna Charta and the Petition of Right To the Lord Mount-Norris his Case hee Replyed 1. That though that Sentence had beene un justly given and Strafford's Reply rigorously prosecuted against him yet the greatest Crime that hee could bee charged withall would but amount to Manslaughter or Felony at the most 2. That hee hoped though this were true to obteine a Pardon from his gracious Master the Kings Majesty as well as Conway and Sir Jacob Ashley had lately done for exercising Matiall Lawe in the Northern Army Then hee Replyed to all the parts of the Charge which were foure 1. That hee had exercised Martiall Lawe in time of Peace To this hee Answered 1. That all Armies have beene and must bee governed ever by Martiall Law 2. That there is a standing Army in Ireland and therefore the Case is all one in time of Peace or Warre And that the Army might bee undone if they should not use Martiall 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 beene the practise of the Deputies particularly of Wilmot Faulkland Chichester yea Corke himselfe and therefore was no new thing brought in by him This hee proved both by the production of the Military Ordinances and by divers witnesses who knew Sentences given in that kind by them 4. That hee had a particular warrant in his Commission for this Power 5. That in the Lord Mount-Norris his Case hee was commanded to exercise the same by the Kings particular Letter both which hee caused to be read The second Charge was That he was both Party and Judge Charge 2. in the Lord Mount-Norris Cause To this hee Replyed That hee had sitten in judgement because Straffords Reply he was one sine quo non the Judgement could not proceede without him but that hee was not Judge but Party appeared 1. Because he sate discovered all the time 2. Because hee refused to give his own Opinion 3. Because hee did not give his Suffrage one way or other 4. Because hee removed his Brother Sir George from haveing hand in the Processe in regard of interest of blood The third Charge was That he proceeded summarily in the Charge 3. matter of the Lord Mount-Norris Hee Replyed First that hee was not Judge in it and that the Councell of Srafford's Reply Warre was to be answerable in the justification of their owne Proceedings Secondly That after a long reasoning hee had heard them say that no delay could safely bee granted in Martiall Courts The fourth Charge was That he had not heard the Exceptions Charge 4. made by Mount-Norris against his witnesses To this he answered as before That he was not Judge in the Straffords Reply Case and that he remembers
susteine Thirdly the necessity of that Court in that Kingdome which hath beene ever governed by that way and therefore impossible to debarre the natives from it without great inconvenience for it would utterly undoe 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 hee hoped rather for thanks from the State then a Charge for his ill Deportment withall he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that peece of Land and made the playing of his game to be very foule and at last hee added That he had done no more in Ireland then the Court of Request in England usually doth And that the Chancery Court in Ireland doth the same daily and the last Chancellor was never Charg'd said hee for such Proceedings though this his Power and Authority was lesse then mine But the difference of the Person and his Authority it seemeth differeth the matter And this was the businesse on Monday On Tuesday they passed by the 7 Article and the two first Tuesday Charge the latter part of the eight Article Lady Hibots Case parts of the 8 about the Lady Hibbotts Land That hee had violently thrust her from her possession by this Summary way of Justice and afterwards purchased the land to his owne use by borrowing the name of Sir Robert Meridith In this Probation the testimony of the Gentlewomans own sonne was used of the Lord of Corke and the Lord Mount-Norris all his back-friends or professed Enemies and yet they proved very little but what they tooke up upon hearesayes their prime Allegation was First That though the major part of the Councell-Boord had voted for the Lady yet the Lord Lievetenant had given Decrees against her Secondly That all was done to his own behoofe To the First Hee produced the Sentence under the hand Straffords Reply of the Clerke of the Councell-Boord subscribed by the Major part To the Second Hee attested that hee had no under-dealing with Meridith for the Lady had got her own Lands back from the said Sir Robert Meridith Hee also declared at length with what fraude and deceit the Lady had come to her Lands and upon what reasons they were restored After this Article they fell upon the ninth about the giving Charge Article 9. of Commission to the Bishop of Downe and Connar for apprehending all such Persons and presenting them before the Councell-Boord as contemned the Ecclesiasticall Ordinances This was aggravated as a point mainly against the Liberty of the Subject To this Hee Replyed Fist Hee produced the Primate of Irelands Testimony under Straffords Reply his hand hee being himselfe sick that the same course had been used in Ireland before and that Bishoppe Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly Hee shewed the Equity that such assistance should bee given to Church-men who otherwise because of Papists and Schismaticks either to God or the King wâ—â—ld have no Respect or Obedience given them in that Kingdom Thirdly He proved by two witnesses that such Warrants were in use before his time Fourthly Hee said hee had never granted any but that one and had presently within some few Moneths called the same in againe what said hee was the Bishop of Downes carriage in it hee had no reason to answere for But hee presumed the Bishop could give a satisfactory answere for himselfe when hee should be called in question And so hee concluded that a matter so just so necessary so customary and practicall before Hee hoped should not bee Charged upon him as an Introduction of a new and Tyrannicall Forme of Government And therefore submitted himselfe to the Mercy of God and the Equity of his Peeres in his Tryall And this was the worke on Tuesday The ability of this brave Gentleman ravisheth his hearers with admiration though he bee infinitely spent both in Body and Mind by the continued and almost un-interrupted Agitation After the ninth Article was passed against the Commission issued Wednesday Charge Art 10. in favour of the Bishop of Downe and Connar Upon Wednesday Master Glyn proceeded to the tenth Article the Charge was That the Earle of Strafford having established an Arbitrary and Tyrannicall Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crowne it selfe that by applying to his own use the Publique Revenues hee might bee the more enabled to accomplish his disloyall and trayterous intentions To which end having by a new booke of Rates enhaunced the Customes hee had gotten by advantage of his Lease above twenty six thousand pound yeerly This they added was a Crime of higher nature then those conteined in the Preceding Articles Because in those there was some colour or pretext of Justice here none those in Particulars this in Generall those against the Subject only this against the King himselfe For the Proofe of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchesse of Buckingham which the Lieutenant hath now by Assignemâ—â—t and some differences shewn arising to the sum of two thousand pounds in the Dukes Lease only the moity of concealed and forfeited Goods were due to him but the whole Goods to the Dutchesse in her Lease Againe the Kings ships of prizes did not pay Customes in the Dukes Lease in the Dutchesses they did Againe the Impost of the Wines then belonging to the Earle of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly whereas the Earle of Strafford paid but fourteene thousand pounds per annum for the Custome it was worth to him as was apparent by the bookes of the Exchequor forty thousand pound Witnesses were examined First Sir James Hay who deposed that the Earle of Carlile had an advantage of one thousand six hundred pounds per an by his Lease of Wines Secondly The Lord Ranelaugh who deposed that by the inspection of the books of Accompts hee had found the Customes to be Anno 1636 thirty six thousand pounds Anno 1637 thirty nine thousand pounds Anno 1638 fifty foure thousand pounds Anno 1639 fifty nine thousand pounds With the Proofe they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeale and Honesty in his Majesties service yet it is evident hee had abused the trust put upon him and by withdrawing so great summes of money from the Crowne had weakened the King praejudiced the Subject of the Protection they were to expect from him and had beene the cause that the extraordinary way of Impost and Monopolies had beene undertaken for supplying of the Royall necessitie And that this Act therefore ought to bee enough to make the Charge and Impeachment of high-Treason laid against him The Lievetenants Reply was That hee conceived
expressions he had injured the propriety of the Subject and had put such dâ—scontent upon the City that they were the lesse willing upon any occasion to concurre for the advantage of the Kings service The Lievetenant Replyed First That though all the Charge were in the most strict Strafford's Reply and rigid way or sence verified against him yet hee 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 individuall but Accumulative hee replyed 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 coyned 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 eyther must be so in some or eyther of the Articles or else could not be so at all Thirdly Hee did conceive that it was against the first principles of Nature and false therefore could not be so by Accumulation but eyther must be so in some or each of the Articles or else could not be so at all That a heape or Accumulation should be and not be of Homo-geneous things and thrrefore that which in its first being is not treasonable can never confer to make up an accumulative Treason Cumulus an heape of Graine so called because every or at least some of the individuals are graine if otherwaies an heape it may be but not an heape of graine Just so perhaps these Articles may make up an heape of Felonies Oppressions Errors Mis-demeanors and such like and to the thinge it selfe I shall give an answere when under that name they shall be Charged against me but they can no waies conferre to the making up of Treason unlesse some at the least bee Treason in the Individuall 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 lesse 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 lesse to adjudge and convince him upon attestation of one Thirdly To the Lord-Treasurors testimony he did with all his heart condiscend unto it but upon these grounds only that there was a present necessity of money that all the Councell-Boord had so voiced with him yea before himselfe and he allwaies thought it presumption in a man not to follow the wiser and more judicious And that there was then a Sentence of the Starre-chamber for the right of paying Ship-money for his part he would never be more prudent then his teachers nor give judgement against the Judges And therefore he thought it not farre amisse to advise the King for the collecting of that which by Law was his owne in such a present and urgent necessity and although his opinion and it was no more had beene amisse he hoped that though in case of Religion being attended with stubbornnesse and pertinacy it might come home to Heresie yet in his case opinion could not reach so farre as Treason unlesse it be Treason for a man to speake his judgement freely when he is upon his oath to doe the same Fourthly For the words about â—ining he had already acknowledged in his generall Answeres to be true but with these qualifications that it was his opinion only that it was upon the refusall as he conceived of a just service that hee had spoken them by no meanes to praejudice 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 beene spared indeede but innocently though suddenly spoken which he hoped might proceede from a man of such a hasty and incircumspect humor as himselfe made so both by nature and his much infirmity of body without any minde at all to Treason And that if all Chollerick expressions of that nature should bee accounted treasonable there would be more suits of that kinde fly up and down Westminster-hall then Common-Law Fiftly To those words attested by the Alderman hee positively denyed them and hoped they should never rise up against him in judgement 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 Councell 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 himselfe 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 ruine them both in their lives and their estates if for every opinion given in Councell or words suddainly or hastily spoken they who are borne to weild the great affaires of the Kingdome 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 advices exhausted Charge Article 26 the Kings Treasury did also Councell him First To imbase the Coyne by an allay of copper-money Secondly To seize upon all the Bulloyne in the Mint Thirdly That in discourse with some of the Aldermen about that businesse he had said the City was more ready to countenance and relieve the Rebells then the King and that the King of France did use to mannage such businesses not by Treaties or Requests but by sending forth his Commissaries to take Accompt of mens Estates accompanied with Troopes of Horses The Proofes 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 mony 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 Loane of money upon good security and that he thought them more ready to helpe the Rebels then the King Secondly Mr. Palmer declared that he spake something about the King of France but whether with relation to England or not hee did not remember Thirdly Sir William Parkise attested in the same words and withall that the Lord Cottington was then present and could declare the whole businesse Fourthly Sir Ralph Freeman declared that in a discourse with the Lord Strafford hee had said that the servants in the Mint-house would refuse to worke the Copper mony And hee replyed that then it were well to send those servants to the house of Correction They closed the Charge
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke 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 Hee said that there was no great likelyhood that hee had committed reall 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 beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote 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 Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall 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 moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
last with new matter or with supplementall Proofe hee might have leave to speake something in his owne Defence The Lord Steward answered It was all the reason in the world The Lievetenant went on thus MY LORDS This day I stand before you Charged with high-Treason My Lord Straffords last speech in the Hall the burthen is heavie yet farre the more in that it hath borrowed the Patrociny of the House of Commons If they were not Interessed I might expresse a no lesse easie then I doe a safe issue and good successe to the businesse but let neyther my weakenesse pleade my Innocence nor their power my guilt If your Lordships will conceive of my Defences as they are in themselves without referrence to eyther and I shall endeavor so to present them I hope to goe away from hence as cleerly justified as I am now in the testimony of a good Conference by my selfe My Lords I have all along my Charge watched to see that poysoned arrow of Treason that some men would faine have to be feathered in my heart and that deadly cup of wine that hath so intoxicated some petcy misalleaged Errors as to put them in the elevation of high-Treason but in truth it hath not beene my quicknesse to discern any such Monster yet within my breast though now perhaps by a sinistrous Information sticking to my cloathes They tel me of a two fold Treason one against the Statute another by the Common-Lawe this direct that consecutive this individual that Accumulative this in it selfe that by way of construction For the first I must and doe acknowledge that if I had the least suspition of my owne guilt I would spare your Lordships the pains cast the first stone at my self passe Sentence of condemnation against my selfe And whether it be so or not I refer my selfe to your Lordships judgement 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 Peeres nor can they be my Judges I shall ever celebrate the providence and wisdome of your noble Ancestors who have put the keyes of Life and Death so farre 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 dispencing the same I shall proceede in repeating my Defences as they are reduceable to these two maine 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 twentith 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 Henâ—y Vanes 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 lesse in a matter of Life and Death yea that it was expresly against the Statute to impeach much lesse 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 doe remember and such or such like words Thirdly That all the Councell of eight except himselfe disclaime the words as if by a singular providence they had taken hold of his eares only Fourthly That at that time the King had levied no forces in Ireland and therefore hee could not bee possibly so impudent as to say to the King that hee had an Army there which hee might imploy for the reducing this Kingdome Fiftly That he had proved by witnesses beyond all exceptions Marquesse Hamilton the Lord Treasurer the Earle of Northumberland Lord Cottington Sir William Pennyman and Sir Arthur Terringham that there was never the least intention to land those Forces in England Hee went on So much for the Articles that concerne Individuall Treason To make up the Constructive-Treason or Treason by way of Accumulation Many Articles are brought against me as if in an heap of Felonies or Misdemeanors for in their conceit they reach no higher some prolificall seede apt to produce what is treasonable could lurke Here I am charged to have designed the ruine and overthrowe both of Religion and State The first seemeth rather to have beene used to make me odious then guilty for there is not the least proofe alleaged concerning my confederacy with the Popish-faction nor could there be any indeede never a servent in Authority beneath the King my Master was ever more hated and maligned by those men then my selfe and that for an Impartiall and strict executing of the Lawes against them Here your Lordships may observe that the greater number of the witnesses used against me eyther from Ireland or from Yorkeshire were men of that Religion But for my owne Resolution I thanke God I am ready every houre of the day to seale my disaffection to the Church of Rome with my deerest blood But my Lords give me leave here to poure forth the griefe of my Soule before you these proceeding against me seeme to be exceeding rigorous and to have more of praejudice then equity that upon a supposed Charge of my Hypocrisy or Errors in Religion I should be made so monstrously odious to three Kingdomes A great many thousand eyes have seen my Accusations whose eares shall never heare that when it came to the upshot I was never accused of them Is this fayre dealing amongst Christians but I have lost nothing by that Popular applause was ever nothing in my conceipt the uprightnesse and integrity of a good Conscience was and ever shall be my continuall feast and if I can be justified in your Lordships judgements from this grand imputation as I hope now I am seeing these Gentlemen have throwne downe the Bucklers I shall account my selfe justified by the whole Kingdome because by you who are the Epitomy the better part yea the very Soule and life of the Kingdome As for my Designe against the State I dare pleade as much Innocency here as in matter of my Religion I have ever admired the wisdome of our Ancestors who have so fixed the pillars of this Monarchy that each of them keepe a due proportion and measure with other and have so handsomly tyed up the nerves and sinnews of the State that the strayning of any one may bring danger and sorrow to the whole oeconomy The Praerogative of the Crowne and the Propriety of the Subject have such mutuall 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 excesse of a Prerogative is oppression of pretended Liberty in the Subject Disorder and Anarchy The Praerogative must be used as God doth
all that time but brought forth that Protestation or band of Association as they terme it which is now in print it was then drawun up and without further processe or delay before they came out subscribed by the whole House except the Lord Digby and an Uncle or Friend of his It is thought by some whose heads are not green that it is very like a Covenant in Scotland but that must bee left to furrher time and wiser heads if that CoÌ„ment that perhaps will follow bee not worse then the text it may in probability happen out to bee canonicall enough but the too generall Phrase in it lyes very open to have sences pro re natâ thrust upon them which may bee very justly suspected to have beene intended where the oath and Law-giver is the party only some have observed two remarkable things upon this First Some thinke 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 advise of the Lords I say not of the Church though in matters Ecclesiasticall or approbation of the King which is conceived to bee a mighty encroachment upon his Praerogative should offer either to praescribe or subscribe such an oath as if it were essentiall to our Reformation ever to bee done by the people without Authority of the Superiour powers and yet before it passe in a Stat. It must come in by a Bill usteron proteròn but parhaps it is hoped that by this Anti-dated subscription they shall finde out the more easy passage for the Bill when it comes to bee Propounded Secondly That the House of Commons were foure houres 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 desiring that the word discipline might bee adjoyned to the word Doctrine but others mainly opposed that reasoning that no discipline could bee admitted but all to bee esteemed as Popish that was not conteined in the Doctrine that is in the word of God which party at the last did prevaile though the other affirmed that there was more expresse warrant in the word of God for Bishops then for ruling Elders but if some Hint bee not there intended against the Duanes and Chapters the liturgies ceremonies yea the very Bishops of the Church of England let any man judge and of what dangerous consequence that may bee if those who pretend to have authority in all Church affaires may bee permitted to give Sentence is not difficult to determine This day the people mett againe but in smaller number they have threatned to come to morrow with all rheir maine forces and not to desist till the Lievetenant bee executed and their other petitions obteined the oath was likewise presented to the Lords and some say all of them except the eight Recusâ—nt Lords and foure of the Bishops have signed the same but others say they have only admitted the Bill which is more likely I think it is Lncan 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 Starres of his Nativity no Father said Mercury that is needlesse a little time will shew his disposition for so many hands cannot bee long Idle A very lively Idoea of this businesse now in Agitation your selfe may make the application by the events Upon Saterday May the eighth the Bill against the Lord Saterday May 8. Strafford past the Lords there were fourtie five present of which nyneteene 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 then counterpoised the voters for his death In the Bill hee is condemned of Treason and all his English Lands the other part of the Coat is left for those in Ireland forfeited with an especiall Proviso that this Act shall in no waies bee forceable against others then 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 doe in true Justice but that Crimes did differ in their Subjects Two wayes 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 beene done without the King that only by him because this a Sentence that a Statute A man would think the Judiciary way had beene the more sure and that the King would rather have connived and not exercised his Praerogative by a Reprivall then to have Interessed himselfe 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 hee should demonstrate his willingnesse 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 businesses of the Kingdome the Parliament should not be broken up by the King without the specall 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 doomes day some would have had the prefinition of 5 some 7 some 9 yeares put to it others Replyed that this would bee both odious dangerous odious in that it should seem so long a Parliament Dangerous in the same time may happen out possible to be longer some think it an honor I rather a fatality or to sweeten the word a Providence that both their Bills should passe at once as if Generatio unius were Corruptio Alterius And this new Governwent should take life from the death of the Earle of Strafford In the afternoone the House of Commons desired accesse to the King in the Banqueting House and having stayed there an houre for his coming in three words they propounded these two great Bills desiring that hee would give his Royall Assent to them both Quod si non prosint singula Juncta Juvant Withall humbly shewing that the present danger of the Kingdome could admit of no delayes The King told them they should expect an answer on Munday
doe not escape and I care not how I die whether by the hand of the Executioner or the madnesse and fury of the People If that may give them better content it is all one to me It is but diminutive to call it a wonder it is something above that his thoughts and expressions should be so present with him no more putrifaction in them then if he had beene about some ordinary businesse His Alacrity his Devotion did amaze yea teare in peeces the hearts of all those about him who had the least Grace or Humanity in them Too much Perfection indeed to be lost at one blow but this Age was not worthy of it nor shall any after Age I thinke ever enjoy the like that only which is possible is the object of the will and therefore I will not endeavor to find out words for expressing this wonder of the times only I leave his virtues to speake the rest to the Admiration of Ours and Compassion of succeeding Ages A Letter to a Friend Beleive me Sir This blessed departure of his hath put me in love with Scaffolds more then death bedds Let it bee my Pâ—radox if not Propheticall to me that it is the best kind of Dissolution provided there bee Innocence to uphold the Conscience And with good men at least to mainteine the Reputation afterwards Heere you are attended with the Pregnancy of Judgment and Memory not weakned nor clouded with tedious and giddy sicknesses Heere you have a time praefixed and must of necessity concentricate your selfe 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 Payne which parhaps not 7 Apprentiships elswhere and here if any where we find pitty yea deservings both with God and good men but he that sent vs hither must prescribe us the way of our returne Upon that very day of the Execution in the afternoone Abyssus abyssum invocat Blood calls for blood there hapned a conflict betwixt the Scotts and English Army no certaine number yet reported nor what occasion some say six score some three score Scotts some twenty some thirty English only the matter it selfe was represented by the Generall the Lord Holland upon a letter from Sir John Conniers to the Parliament upon Friday with a mighty regret that hee had beene 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 uper-house desiring the Rigour of that Sentence might bee remitted but it was sent back unbroken up for feare either to refuse the King or discontent the people God forbid his Majestie should give so slender an eare to their Petitions The Lord Straffords Children are restored to all his estate and if they petition for it shall bee to his Honoures too the House of Commons have beene as forward in this as any else whether to make some recompence to them or to give proofe to the Nobilytie least they shauld bee scared by the example that not so much the meanes as the man was aymed at But it will be a question whether they can restore that head too when the Kingdome shall neede its service It is to bee feared that his great Abilites will shortly bee more understood by our want of them then our fruition so darke is mans understanding in Preserving that which is virtuous and usefull amongst us Virtutem Incolumem odimus The Earle of Straffords Letter to his Majesty IT hath beene my greatest griefe in all my troubles to be taken as a person that should endeavor to present and set things amisse betweene your Majesty and your People and to have given Councell tending to the disquiet of your Majesty and your three Kingdomes Most true it is that such an attempt my private condition considered had beene a great madnesse seeing through your gracious favour I was so provided as I could not expect in any kinde to mend my Fortune or to please my minde more then by resting where your bounteous hand had placed me nay the businesse is most mightily mistaken for unto your Majesty it is well knowne that my poore 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 meanes to effect and settle this happinesse but by the Councell and Assent of the Parliament and no way to prevent the growing evills of this State but by puting your selfe entirely upon the Loyalty and good-Affection of your Subjects Yet such is my misfortune the Truth finds little credit the Contrary it seemes generally beleeved and my selfe reputed the Cause of this great separation betwixt you and your People Under a heavier Censure then this I am perswaded no Gentleman can suffer and now I understand that the mindes 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 passe the Bill This brings me into a great Streight Here is before me the ruine of my Children and Family hitherto untouc't in all the branches of it with any foule Crime Here are before me the many evills which may befall your sacred Person and the whole Kingdome should your selfe and the Parliament be lesse 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 mortall men Life and Death To say Sir there hath not beene a conflict within me about these things were to make my selfe lesse man then God knowes my infirmities will give me leave and to call a destruction upon my selfe and my yong children where the intentions at least of my heart have beene innocent of this great Offence may be beleeved would finde no easie consent from flesh and blood But out of much sadnesse I am come to a Resolution of that which I take to be best becomming me that is To looke upon that which is principally to be considered in it selfe and that is doubtlesse the prosperity of your sacred Person and the Common-wealth infinitely to be preferred before any mans private interest And therefore in few words as I have put my selfe wholly upon the Honour and Justice of my Peers so cleerely as I wish your Majesty had beene pleased to have spared that Declaration of yours on Satterday last and to have left me entirely to their Lordships So now to set your Majesties Conscience at Liberty I doe most humbly beseech You for the preventing of such mischiefes as may happen by your Refusall to passe the Bill by this meanes to remove praised be God I cannot say this accursed but I confesse this unfortunate thing forth of the way towards that blessed Agreement which God I trust shall for