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
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
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
dependence from the King and not from the Parliament of England There was a report that the Parliament of Ireland had sent a Protestation against the Act made the last yeere for the Kings supply in his Expedicion against the Scots as a thing which was violently in part and in part surreptitiously obteined from them But I have learned this to be an untruth I had almost forgotten one passage of Master Pym who in the aggravation of the Lieutenants faults had this expression That hee was like the Whore in the Proverbs Hee wiped his mouth and with a brazen face said hee had done no evill To this the noble Lord Replyed That he wished his Innonocence might not be taken for Impudence That hee hoped shortly to cleere himselfe of all those foule aspersions which his malicious Enemies had cast upon him And hee was very confident that he should give the honorable Houses full satisfaction concerning his life hitherto and thought of nothing more hereafter then to retyre himselfe from all publique imployments Master Pym gave at this a great shout and desired the House to take notice what an injury he had done to the hnnourable House of Commons in calling them his malicious Enemies Whereupon the Lieutenant falling down upon his knees humbly besought them that they would not mistake him and withall gave a large Panaegyrique of their most just and moderate proceedings protesting that if hee himselfe had been one of the house of Commons as hee had the honour once to be he would not have advised them to have done otherwise against his deerest friend But withall told them that hee might justly say he had his owne un-friends which hee hoped in time to make known nor did hee all this time speake one bitter word against Master Pym though justly incensed which hath infinitely advanced his Reputation I have beene a daily hearer of these Proceedings against this great Personage now upon the Stage therefore doe presume I can give a reasonable account thereof The book of his Charge is extant in print so it shall be needefull for me only to name the Articles as they were canvased and those designed by the House of Commons to be his Accusers which were these that The names of his Accusers follow Pym Glin Maynard Whitlock Lo. Digby St. Johns Palmers Sr. Wa. Earles Sâ—roud Seilden Hampden c. One of these began the speech the rest after their Colleague hath done follow in their turne so that hee hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Master Glyn after a large flourish on Wednesday told the Wednesday Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article Glyns Chaâ—ge such a monstrous Crime could not be deprehended yet when all was conceived in the Masse and under one view hee should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at that Barre Hee added that his Charge was for intending to subvert and change the fundamentall Lawes Liberties and Priviledges of both the Kingdomes and to introduce an Arbitrary and Tyrannicall forme of Government This hee said could not appeare but by the fruits which were eyther in Expression or Action The Expressions were foure First That before severall witnesses hee had said at Yorke That Expres the Kings little finger should be heavier to them then the Loynes of the Laws To this the Lieutenant replyed That having spoken sufficiently before to his justification in generall hee would moreover add these few words by their Favours That it did strike him to the heart to be attached of such a wicked Crime by such honorable Persons yea that it wounded him deeper in regard that such Persons who were the Companions of his youth and with whom he had spent the best of his dayes should now rise up in judgement against him yet hee thanked God for it it was not guilt but griefe that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such infirmity of body and such anguish of minde to collect his thoughts and say any thing at all for himselfe But the Almighty God who knowes him to be innocent had furnished him with some abilities to give testimony to the truth and to a good Conscience He therefore intreated that if eyther in judgement or in Memory he should at any time fayle it might be imputed to his great weakenesse And although the Gentlemen his Accusers should seeme more ready in their Accusations then himselfe in his defence yet that might not prejudice his Cause who in very unequall termes had to doe with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorik he doubtted not might present many things to their view in a multiplying glasse Hee told them farther that for these many yeeres hee had beene weary of publique service and that now it was his resolution after he had vindicated his honour to retyre himselfe and enjoy his much longed for privacy And yet hee could not but tell them so much That it had beene his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe fruit falln from the Tree then to be violently pulled from thence as a fruitlesse and unprofitable withered Branch To the Charge of Treason he said that under favour hee conceived that although all the Articles conteined in his impeachment were verified against him yet they would not all amount to Treason neither simple nor accumulative For said he I doe not understand by what interpretation of Law the diversion of Justice can be called a subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed That his words were cleerely inverted for that his expression was That the little finger of the Law if not supported by the Regall Power in granting Pardons for poenalties of the same was heavier then the Kings Loynes That this was his expression hee verified First by the occasion for hee spake the words a long time since to some men who had layn imprisoned at Yorke and were then by the Kings favour set at Liberty whom hee incited to thankefullnesse by this expression towards his Majesty Secondly by witnesses produced by him In the examination of their witnesses hee convinced one of them of untruth by interrogating him where he was when the speech was heard and how farre distant from him when the man had replyed That he was twelve yards from him Hee answered that it was impossible for him to heare a man three yards off by reason of a deafenesse that had held him 14 yeeres which being found true the witnesse was rejected Another witnesse Sir David Foules was brought against him against whom he excepted as his known and professed enemy 't was
no Exceptions made against any witnesses To which hee added that as hee had beene regulated in his Proceedings so hee had beene moderate in the Execution of that Sentence For though the Lord Mount-Norris justly deserved to dy yet hee had obteined him the Kings Pardon for the saving of his life and protested that hee intended nothing by that Sentence but in some measure to repayre his owne Honour and to give Mount-Norris faire reproofe who was known to bee of an exorbitant and licentious tongue and Spirit Adding That if the house of Commons would goe on the same way with him and assure him that the issue of his Charge should be nothing else but to admonish him for the time to come hee would thanke them heartily for it and study amendment in all his pretended oversights And whereas Mount-Norris complayned that hee had jeeringly told him when the Sentence was passed and pronounced against him That ere hee lost his head himselfe would lose his hand Hee answered that hee had beene thought to bee very insolent and haughty yet hee was never so impertinent to use this expression If any fault were it was for undervaluing himselfe in saying That ere a hayre of Mount-Norris should perish hee would lose his hand And truly said hee if Mount-Norris would say so to mee now even in the worst sence that can bee conceived That ere I died hee would lose his hand I would take it very kindly from him For the other man hee avouched that hee himselfe had voyced to hang him both because hee was an arrant theefe and also had fled from his Colours which by the very Common-Law and to this effect hee cited a Statute 20 Hen. 6. 7. Hen. 7. That to fly from their Colours is fellony Hee concluded That seeing hee was not accessory to the Sentence against Mount-Norris had not sate there as Judge had a power to keepe Martiall-Courts by his Commission had not exercised the same till a new Command came from his Majesty had done no more then ever was practised in Ireland before his time and had at last obteined Mount-Norris his pardon Hee hoped there was nothing accusable in him but his too remisse and too moderate proceedings Master Glyn bitterly replyed That hee knew the time when the Earle of Strafford was no lesse active and stirring to enlarge Glynn's Eâ—aculatioÌ„ the liberty of the Subject and advance the Petition of Right then now he is for extending his owne Arbitrary and Tyrannicall Government To this hee Replyed without the least semblance of passion Strafford's Reply That if at any time hee had done the least service to the House of Commons hee thought his whole life well spent nor could they ever so graciously reward him as to give Commission to that Gentleman to expresse so much before that honourable Assembly But withall if ever any such thing was done by him hee intreated it might now bee remembred and might now serve to over ballance some sleight and meane oversights committed by him which hee hoped should never make him guilty of Treason unlesse it were Treason for a man to have no more wit and prudence then God and Nature had bestowed upon him And so much for Satterday Upon Munday hee was charged with the sixt Article That Monday hee hâ—d used a Tyrannicall Government not only over the Lives as appeared by the last but also over the Lands and Goods of the Chaâ—ge Aâ—t 6. Kings Subjects as appeared by this Article wherein hee was Charged to have disposessed the Lord Mount-Norris of a tenure of Lands by a summary Processe before himselfe contrary to all Law and therefore had fayled 1. Against the Act. 7 Hen. 6. which provides all matters to be determined by the Ordinary Judges 2. Against the cautions sent to Ireland by King James expresly forbidding such power hereafter to be exercised 3. Against the Kings late Proclamation 4. Against the practise of all Deputies before that time Withall they added That it was a Tyranny that could not bee expressed to exercise this power over the persons of the Peeres of the Land and their Goods To this hee Replyed That for his part in matter of Justice Strafford's Reply under favour hee spake it hee thought there was no distinction to bee made betwixt a Peere of the Land and one of the Commons except they did thinke that eyther feare or faction should doe something which had no place in him To the Particulars 1. That the Act of Hen. 6. answered it selfe sufficiently both because it excepted the Court of Requests and that his proceedings were nothing else in Ireland and also makes an expresse Reservation of the Kings Prerogative which hee said was his strength because hee derived his Commission from the King and that the Act was the most expresse warrant in the world for him 2. That hee had not fayled against the cautions given by King James 1. Because they were not Charged upon him 2. Because they were never observed nor could be by the Deputies to whom they were given which he proved both by witnesses and writings 3. Because the Caution made rather for him then against him in that it conteined the word hereafter which manifestly implyed that that power had beene sometimes before exercised in Ireland And not only by himselfe and therefore thanked them for that testimonie and hint 4. That though the Cautions had beene given to him yet he had received an expresse Command from the king his Master to put that power in use causing the Kings Letter for that pupose to be read and professing withall that hee was tender to exercise that power till the King induced by the humble Remonstrance of the meaner sort of people had most peremptorily and upon most just reasons commanded him 3. That hee could not obey the Kings Proclamation fiâ—e yeeres before it came out and that hee wished from his heart that they would but respect the Kings Commands and Commissions with that tendernesse of affection and obedience as he did his Proclamations 4. Hee proved it to be the constant practise of all Deputies that went before him It was objected that other Deputies had indeede upon suits of Charge Equity determined themselves and matters of Debt but never of Land Hee Replyed First that the same Authority reacheth as Straffoâ—â—'s Reply well to the one as to 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 hee added First the Equity of that Court that it proceeds upon the same grounds and evidences of that of the Common-Pleas and that hee had the assistance of two of the learned Judges in deciding the Controversie Secondly the profit of that Court which dispatcheth the poore in a day or two whereas the Common-Law would keepe them so many yeeres which they are not able to
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
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
to the Judicatorie that was sitting and not at all to meddle with the matter of fact The Lievetenant Replyed That in all humility hee did acknowledge that favour from the Lords and that it was such an one too as hee could not but expect from such Honourable Peeres and Just persons in whose integrity and goodnesse under that which hee had placed above hee had reposed his chiefest confidence for his councell they knew much better then himselfe what concerned the point of Discretion and Reverence and that hee doubted not but that they would give all satisfaction and obedience Then his Councell were called to the Barre Master Lane the Princes Attourney Master Gardiner Recorder of London Master Loe and Master Lightfoote Master Lane spake and much to this Sence and Purpose My Lords there is an heavy Charge lyeth on me and my fellowes nothing lesse then to defend the life the estate the Reputation yea the posterity of this Honourable person at the Barre If therefore wee shall bee more pressing we hope your Lordshipps will interpret this our forwardnesse to bee for Honour and Conscience sake in a matter that concerneth both so neerely But it shall bee our endeavour to carry our selves with our best respects to your Lordships and withall content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of fact one thing I dare bee bold to say that all the time of this Noble Lords defences hee did not so much as crave any one of our opinions yea or acquainted us with any thing that tended that way And for the matter of Lawe those Statutes cited by himselfe were none of our stock but taken up at his owne adventure Nor doe I speake this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right conceptions and his own due praise My Lords It is your pleasure we meddle not with matter of Fact and indeede we neede not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Lawe doth so naturally arise out of the matter of Fact that of necessity under your Lordships favours wee must somewhat grate on this if we speake of that nor doe I conceive it possible for us to speake advantageously enough for the Lord Straffords just defence unlesse the whole matter of Fact be determined eyther as proved or not proved or at least some states of questions agreed upon where we may fixe and settle our Agreements and therefore it is my Lords that I have chosen not at all to touch the matter of Lawe untill your Lordships shall be pleased to chalke me out a way unlesse it be to cleere your judgements in one Statute only viz. 25. Ed. 3. because when the same was alleaged by the Lord Strafford in his owne Defence that not being convict of the Letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speake of the Statute it selfe and then of its Salvo or Provision The Statute is That if any man shall intend the death of the King his Queene their Children Kill the Chancellor or the Judge upon the Bench imbase the Kings coyne or counterfeit the broad-Seale c. hee shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeede it cannot bee with any reason All that can be said is that by Relation or by Argument a minore admajus he may be drawn thither yet that this cannot bee I humbly offer these considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a contradiction to themselves and be no more Declarative-Lawes but Lawes of Construction or Constitutive Secondly This is a poenall Lawe and such if our grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for poenalties are to perswade the keeping of known Lawes not of Lawes conjecturall ambiguous and by consequence which perhaps the most learned may not in their disputes question much lesse the Subject who is not oblieged to interpret the Statute doubt of in the point of obedience yea rather without any doubt hee is to obey the Letter of the Statute and conceive and that truly that hee is not lyable to the Poenalty Thirdly We have a notable Lawe 13 Eliz. Cap. 2. whereby it is declared that the bringing in of Bulls from Rome to stirre up the Subject to Mutiny and Rebellion shall bee punished as Treason Now if by interpretation or by consequence this sence might have beene thrust upon the praeceding Statutes the making of this had beene supersluous yea the Persons then charged with that Crime might have beene impeached of Treason even before the making of this Act. Anno 21 of Ed. 3. Wee have a Statute declaring That for a servant to kill his Master is an Act of Treason and in the three and twentith yeere of the same King a Processe of Treason was framed against a man for killing his Father grounded upon the same Argument A minori admajus But it was found and the Sentence is yet in the Records that although in the 21 yeere of Ed 3. that Argument might have beene admitted yet in the 27 it could not by reason of the Declarative Lawe interveining in the 25 yeere and this Case comes very home to the point in Lawe My Lords I will not demand what kinde of offence it may be for a man to subvert the fundamentall Lawes of a Kingdome the Crime doubtlesse is unnaturall and Monstrous and the punishment must keepe the same proportion only I presume to offer these few things to your Lordships considerations First That one or more Acts of Injustice whether maliciously or ignorantly done can in no sence of Lawe be called the subversion of the fundamentall Lawes if so as many Judges perhaps so many Traytors It is very incident to mans nature to erre nor doth the Lord Sttafford pleade his innocency in oversights but in Treason Secondly I doe remember the Case of John de la Poole Duke of Suffolke this man in the twenty eighth of Henry the sixt was Charged by the house of Commons with Articles of Treason and those too very like to these against my Lord Strafford 1. That he had given the King bad advices 2. That he had embased his Coyne 3. That he had cessed men of warre 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountains of Justice 7. That he had perswaded the King to unnecessary warre and to the giving over of
Anjoy in France Ovum Ovo And for all these though he was Charged with high-Treason for wronging the right of the Subject and subverting the fundamentall Lawes of the Kingdome yet after a long Agitation the matter was found by the Lords of Parliament not to imply Treason but only Felony Add to this another who in the twenty third of Henry the eighth was Charged for subverting the English Lawes and yet no Treason Charged upon him Add to both the Charge of Richard Larks pleaded at the Common-Pleas who was Charged with Treason for subverting the Lawe but convicted only of Felony by which you may see My Lords what to this time hath beene subverting the Lawes Thirdly It is very considerable that the Lord Strafford is not Charged to have subverted but only to have intended to subvert the fundamentall Lawes and this I conceive if there were no more might keepe him free from that Statute of the twenty fift of Edward the third For although as touching the King his Queene and Children intention is treasonable yet in all other things there mentioned there must be action beside intention for it is not said if a man doe intend to kill a Chancellor it shall be Treason but only if he doth kill him and if hee doth actually counterfeit the broad-Seale And although a man should prepare a Furnace make ready his Stampe melt his Bullion yet if he gives not the Kings impression vpon the Coyne all his intentions yea his praeparations will not serve to make up a Treason And this under fauour may serve to answere the Case of Guido Faux lately objected unlesse it be alleaged that the Lord Strafford had as reall an intention against the Kings life as Faux had For though the intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immence and vast a difference both is and ought to be betwixt a project against the Royall-blood and all things else of a lower and under nature Yee see therefore my Lords that the body of the Statute cannot stick against the Lord Strafford neither in Letter nor in consequence this is not that must not be all that can be said is that his Fact may be Treason by the Common-Lawe For my part I professe my ignorance who ever thought the common-lawe might declare but never make a Treason that is It might bee presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common-Lawe or by Parliament are but two different waies of Proceedings and must both resolve into one Principle yea which comes home to the point in the one and twentith of Edward the third To kill a man imployed in the Kings Warre was Treason and the twenty third To kill the Kings Messenger was Treason by Declaration of the Common-Lawe but alwaies by reason of the Statute yet none of these are now Treasons but Felonies only by reason of the interveining Statute the twenty fift of Edward the third such hath ever beene thought the force of its Letter and Declaration And so I will leave it and speake a word or two of the Salvo which is this That because all Particulars could not bee then defined therefore what the Parliament should declare to be Treasonable in time to come should bee punished as a Treason And according to this Reservative in the eighth yeere of King Richard the second one was Charged before the Kings Bench was afterward referred to the Parliament and there though the Fact was not conteined in the body of the Statute yet because of the Proviso afore mentioned it was adjudged Treason In the eleventh yeere of the same King the Duke of Ireland and Nevill Arch-bishop of Yorke were impeached of high-Treason by Gloucester Arundell and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the one and twentith of the same Richard the second the tide turned and the King had such a hand with the Parliament that the Sentence was recalled and those three noble-men themselves adjudged Traytors Againe in the first of Henry the fourth his Successor that Revocation of the one and twentith of Richard the second was repealed and the Sentence of the eleventh of his Reign established such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was That in the same Parliament the first of Henry the fourth A Petition was preferred by the Nobility to have Treason limited within some Statute Because they knew not what to speake or what to doe for feare thereof And in the tenth Chapter an Act was made upon this Petition that that Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was Litterally conteined in the Statute of the twenty fift of Edward the third and therefore it is said in the Records That there was great joy at the making of this Act in that the drawn Sword hanging over every mans head by this slender thred of a consequence or illation was moved by that Act. Add to this that in the first of queen Marâ— the first chapter the same is repeated That no man shall be punished in life or estate as a Traytor but for the Crime conteined in the Stat. 25 Ed. 3. without the least mention of a pretended Salvo The Earle of Northumberlands Case comes nigh to the point he was Charged with Treason the fift of Henry the fourth and if the Statute of the first of Henry the fourth the first chapter whereby this Proviso is Repealed had not interveend no doubt he had beene condemned of Treason but he was only convict of Felony and that because he could not be drawne within the Letter of the Statute of the twenty fift of Edw. the third And I dare confidently say it that since that Act was made the first of Henry the fourth the first chapter whereby the Proviso is Repealed no man hath ever beene declared a Traytor eyther by King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I doe offer to your Lordships considerations That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fift of Ed. the third and that the Salvo conteined in the same stands Repealed almost two hundred yeeres agoe And this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact Then the Recorder spake some few words to this purpose That The Recorder what was spoken upon the Statute was because it seemed inseparable from the matter of Fact that they could proceede no further till a State were afforded them that to doe otherwise they conceived might bee very
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