the Oath and Law-giver is the party only some have observed two remarkable things upon this First Some think it strange that seeing the House of Commons have lately fined the Convocation House upon this ground especially that they enjoyned an oath which is a Legislative power say they and only due to Parliaments how they at this time as if all the Legislative power were in them without the advice of the Lords I say not of the Church though in matters Ecclesiastical or approbation of the King which is conceived to be a mighty encroachment upon his Prerogative should offer either to prescribe or subscribe such an Oath as if it were essential to our Reformation ever to be done by the people without Authority of the Superiour Powers and yet before it pass into a Statute it must come in by a Bill â—steron proteron but perhaps it is hoped that by this Anti-dated subscription they shall find out the more easy passage for the Bill when it comes to be propounded Secondly That the House of Commons were four hours pleading upon that one expression in the Protestation The true reformed Religion expressed in the Doctrine of the Church of England Some who were more tender toward the Church and desiring that the word Discipline might be adjoyned to the word Doctrine but others mainly opposed that reasoning that no Discipline could be admitted but all to be esteemed as Popish that was not conteined in the Doctrine that is in the word of God which party at the last did prevail though the other affirmed that there was more express warrant in the word of God for Bishops than for ruling Elders but if some Hint be not there intended against the Deans and Chapters the Lyturgies and Ceremonies yea the very Bishops of the Church of England let any man judge and of what dangerous consequence that may be if those who pretend to have authority in all Church Affaires may be permitted to give Sentence is not difficult to determin This day the people met again but in smaller numbers they have threatned to come to morrow with all their main forces and not to desâ—â—t till the Lieutenant be executed and their other petitions obteined The Oath was likewise presented to the Lords and some say all of them except the eight Recusant Lords and four of the Bishops have signed the same but others say they have only admitted the Bill which is more likely I think it is Lucaâ— tells us the tale That when the 100 handed Gyant Briareus whom the Mithologizers of Poems use as a Type of the multitude was first brought into the world his Father Jupiter desired Mercury to set his Scheme and calculate the Stars of his Nativity no Father said Mercury that is needless a little time will shew his disposition for so many hands cannot belong Idle A very lively Idea of this business now in Agitation Your self may make the application by the events Upon Saturday May the eighth the Bill against the Lord Strafford past the Lords there were forty five present of which nineteen voiced for him and twenty six against him the greatest part of his friends absented themselves upon pretence whether true or suppositious that they feared the multitude otherwise his Suffrages had more than counterpoised the Voters for his death In the Bill he is condemned of Treason and all his English Lands the other part of the Coat is left for those in Ireland forfeited with an especial Proviso that this Act shall in no wayes he forceable against others than if it never had been made which to his friends of Judgment smells strongly of a particular hatred against him as if the same common way of Justice should not equally strike against all which it should do in true Justice but that Crimes did differ in their Subjects Two ways there were to have proceeded against him by a Legislative or by a Judiciary power both did strike home alike at his life and his Estate both alike ready both sure by reason of the proofs the Difference only this this might have been done without the King that only by him because this is a Sentence that a Statute A man would think the Judiciary way had been the more sure and that the King would rather have connived and not exercised his Prerogative by a Reprival than to have Intressed himself in the Legislative proceedings by consenting to the Act against him in whom the world conceived for by past and future services he had so great an Interrest But they it seems notwithstanding his Majesties late Attestation of the Gentlemans Innocency in point of Treason were more confident of his gracious Inclination to Justifie their own Act and more desirous too that he should demonstrate his willingness in punishing such transgressors and therefore the Bill went on by the Statute The same day another Bill passed both the Houses that because of the important business of the Kingdom the Parliament should not be broken up by the King without the special advise and consent of both the Houses till all their grievances were redressed and their safety provided for which space of time for any thing I know may last till dooms day some would have had the prefinition of 5 some 7 some 9 years put to it others replyed that this would be both odious and dangerous odious in that it should seem so long a Parliament dangerous in that the time may happen out possible to be longer some think it an honour I rather â— fatality or to sweeten the word a Providence that both their Bills should pass at once as if Generatio â—nius were Corruptio alterius And this new Government should take life from the death of the Earl of Strafford In the afternoon the House of Commons desired access to the King in the Banqueting House and having stayed there an hour for his coming in three words they propounded these two great Bills desiring that he would give his Royal Assent to them both Quod si non prosint singula Juncta Jubant Withall humbly shewing that the present danger of the Kingdom could admit of no delayes The King told them they should expect an answer on Monday Morning The Court at this time was surcharged with a confluence of People quasi Civitas tota sedibus suis mota as if the whole City was come to petition for Justice a Government indeed worse than a Democracy where the people do not rule but play the Tyrants If there were no Monarchy there needs no conscience to obey it But where it is and cannot protect it self the good subject must either forget himself or his loyalty A two edged sword killing either the body or the soul nor in this are men in better case than the winged Fishes that our Southern Mariners tell us of which if they swim beneath the water are catch'd by Dolphins if they fly above for refuge snatch'd away by the hungry Ravenous souls Lord help then the
Morning The Crowd of People was neither great nor troublesome all of them saluted him and he them with great Humility and Courtisie both at his entrance and at his return therefore let Fame pretend what it please about the Malice and Discontent of the Multitude That if he pass the stroak of Justice they will tear him in pieces yet I see there is more in Rumor then in Sight and appearance and in this Report as in all others of this nature more is thrust upon the vulgar who seem as well fearful of Punishment as exempt from it for all their great number than they do justly deserve On Tuesday in the Morning he came accompanied as before to Westminster and having stayed in the Exchequer Chamber till nine of the Clock the King Queen and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge which was given the day before by a very ample Speech It is impossible to call to mind all the Hyperboles the Flashes and superlative Expressions that he used the main points were That it was a Treason far beyond the reach of words that he the Lieutenant a native Subject and a Peer of England the prime Governour of Ireland the Commander of his Majesties Forces and a Protestant in Religion should have in such an impious and gross manner recompenced his Majesties favours abused his goodness and drawn all his Dominions into hazard and perill of their Religion Lives Goods and Priviledges That one of these faults alone had been enough and too much for the fulfilling of the exorbitancy and wickedness of any one Man and that no Punishment could be thought upon sufficient to expiat Crimes of such a Transcendent nature The Lieutenant with no less Moderation and Wisdom than the other with heat and passion spake to his own defence and that with such a measure of Eloquence and Lively-hood that his very Enemies were affected with it and do mervailously report of it He modestly recounted his Services done to the King and Crown of England his endeavours for advancement as well of the Honour as Commodity of both Kingdoms in general but in particular that of Ireland How he had engreatned and advanced the Kings Revenues there Restored the Churches maintenance Suppressed the Outlaws established obedience to Royal Authority and impedited the Tyranny and Usurpation of greater ones over the Commons And for the effecting of all these Actions he mentioned himself the most weak and meanest Instrument with a wonderful Prudence in a middle way betwixt the affectation of baseness or dejectedness and Allegeance Master Pym after the close of his Speech told him that there were three new Articles adjoyned by an after search to his Charge and desired that he might presently Reply to the same Whereunto the Liutenant answered It was very strange that after the close of the Process and when matters were come to be scan'd and examined by proof that any new Charge should be given in Yet lest he should seem to decline the maintenance of his own Innocency and the just deâ—ence of his Honour he was most willing to hear them and have them alleaged provided that a convenient time might be assigned him to make his Replies against them as he had done to the other given in before But Master Pym excepted against this and told him that the House did conceive it to be dangerous to grant any farther Prorogation Upon this the Lords of the upper House who did not think it sit as yet to voice any particular in the audience of the House of Commons did retire themselves and after a pretty time of stay they returned and declared that they had found the Lieutenants suit to be equitable in desiring of further time for answering yet seeing the Articles themselves neither for number nor weight seemed to be of that importance but that he might furnish out a present Answer they thought it â—tting to grant no delay The Lieutenant then intreating them to pass by and pardon the weaknesses of his extemporary Answers desired to hear the Articles read which were these First That he had within these two years withdrawn Forty Thousand pound Sterling from the Exchequer in Ireland and imployed it to his own private uses Secondly That in the beginning of his Government the Garrisons in Ireland had been maintained by the English Treasury Thirdly That he had advanced Popish and Infamous persons as the Bishop of Waterford and others to the prime Roomes in the Church of Ireland To the first he answered That Thirty Thousand Pounds were set apart for the Kings late Service at his own most special and most peremptory Commands for which he produced the Kings own Letter already approved as his Acquittance at the Exchequer board in Ireland To the second That at the beginning of that Charge against him as ever before his time the Garrisons had been burthensome to the Kingdom of England but that he had so improved it and setled the Kings Revenue there that the like is not to be heard in all the times that are by past For which if the best endeavours of a Subject may justly expect any reward from his King and Country he craved leave to think that he rather deserved many thanks than the least Punishment To the third He attested all the Clergy in Ireland if ever he had taken upon him any particular medling in advancing their Church-men or whether he had done any thing concerning such Affairs but upon the special advise and desire of the best and wisest of their Number For his part when he befriended the Bishop of Waterford he conceived of him as a Man of Integrity and Learning fit for such an Imployment nor was there then the least suspition of those monstrous Impieties wherewith he was afterwards Charged that he had now justy suffered for the same and that he hoped they would not lay a necessity upon him to Prophecy and divine of the future Conditions and Deportments of Men For others of the Church suspected of Popery he knew none such but should answer to the Particulars so far as they concernd him when they should happen to be alleaged After this the House disolved for that night the Kings Majesty and the Prince having stayed all the time and the Lord Lieutenant was appointed to come thither again on Wednesday Morning at which time they are to proceed to the first Article to give an Oath to the Witnesses and to examine all the Proofs whereon the Process was Builded It will be a very hard matter for him to expect every Mans Testimony and to give his answers either for full satisfaction or diminution of all Objections which way of proceeding will spend at least a Fortnight if not a greater space of time yet it is thought the lower House are impatient of delays The expectations are exceeding various and different about the event of this great action some think it will be
Monarchical Government and were only to be answered by the Sword Thirdly That he had caused some Scottish Goods and Ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that War against the Scots Fifthly That by all possible means he had put had thoughts and Suspicions into his Majesty against his Scottish Subjects and laboured to make a National quarrel between them and England which if the Kings Piety and the Prudence of better affected States-men had not prevented could not have been sâ—erd up again without much Blood Concerning England his Speeches were either before or after the Parliament First Before his Creature and Bosom friend Sir George Ratcliff he had said to Sir Robert King when he was doubting how the King might have Monies to pay his Armies that the King had four hundred thousand pounds in his Purse thirty Thousand Men in the Field and his Sword by his side and if he wanted Money afterwards who will pitty him Secondly That his Brother Sir George Wentworth had said to Sir Robert Beâ—ington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seems they were weary of their Peace and desired to be conquered a second time Thirdly That he himself upon a discourse with the Primate of Ireland had said that he was much of the mind of those English Divines who maintained it lawful for a King having tried the affection and benevolence of his People and then denied their help upon an inevitable necessity and present danger of the Kingdom that he might use his Prerogative for his own supply and the defence of his Subjects Fourthly To the Lord Conway in a Discourse he had said That if the Parliament meaning the last Parliament should not grant a competent Supply that then the King was Acquitted before God and Man and might use the Authority put into his hands Fifthly That he did say at the Council Board If the Parliament should deny to help the King he would take any other way be could for his Majesties Service and Assistance His Expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himself to be over-mastered by the frowardness obstinacy and stubbornness of his People Secondly That if his Majesty pleased to employ Forces he had some in Ireland that might serve to reduce this Kingdom The Proofs for the Scots Particulars were these First The Lord Traquiere who was indeed very favourable to the Lord Lieutenant and spake nothing to his Disadvantage but what was scrued from him with much difficulty he told them That when he gave in the Demands he heard him say that it was high time for the King to put himself into a posture of War but that first all the Council of England said the same as well as he secondly That it was a double Supposition 1. That the Demands were truly given in 2. That there was no other Remedy left but Arms to reduce them Secondly The Earl of Morton's Testimony being sick himself was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared That he had heard the Lieutenant to advise the King to an Offensive War when his own Judgment was for a Defensive Fourthly The Testimony of the Earl of Northumberland was produced which was the very same with Sir Henry Vane's Fifthly The Treasurer of England deposed the same with Traquiere Sixthly One Beane from Ireland told That he had known Ships seized on there but by whose Procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Renelaugh deposed the same that Sir Robert King and the Lord â—enelaugh had heard Sir George Ratcliffe speak those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primate's Testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with the Article Fifthly Sir Henry Vane deposed He had heard those Words spoken at the Council-Board For the Words spoken after the Parliament To the first Sir Tho. Jermyne Lord Newburg Earl of Bristol Earl of Holland were Examined Bristol did mince the Matter but Holland's Testimony was express because of the exceeding great Love he carried to the Man For the last which were the most dangerous Speeches about the reducing of this Kingdom there was only Sir Henry Vane's Testimony who declared only thus That he had either those Words or the like Here some of the Lieutenants Friends shewed themselves 1. The Lord Savil who desired of Sir Henâ—y Vane to know whether he said their or this or that Kingdom and withal said it was very hard to condemn a man for Treason upon such petit Circumstances 2. The Earl of Southampton desired to know whether Sir Henry Vane would swear those words positively or not Sir Henry Vane said positively either them or the like The Earl replied that under favour those or the like could not be positive 3. The Earl of Clare desired to know what could be meant by this Kingdom for his part he said he thought it meant of the Kingdom of Scotland to which the Word this might very well be relative that Kingdom being only mentioned in the preceding Discourse And that he was the more ready to be of that Opinion because he could not see by what Grammatical Construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of Obedience nor upon Rebellious Courses They at last concluded the Charge That the Words were so monstrous that to aggravate them was to allay them and therefore they would simply leave them to the Judgment of the Lords The Lieutenant's Reply was That though the heaping up of those Articles had put him to a great Confusion yet he would endeavour to bring his Answer into the best Method he could and first he would reply to the Prooâ— then add something in general for himself in what a hard taking and lamentable Condition he was to have his private Discourses his most intimate and bosome friends search'd and sisted to the least Circumstance that he might seem guilty of that which by God's assistance he should never be To the Lord Traquieres and the Deputies Depositions he thought their Proofs did not much stick upon him for upon the Suppositions first That the Demands were true secondly That they were not justifiable thirdly That no other Course could prevail He could not see what other Advice he could possibly give the King than to put himself into a posture of War especially seeing then there was frequent Reports of the Scots invading or entring into England nor was he of any other mind than all the rest of the Council-Board For that of Morton's he doth not positively remember the
times or help our patience and Resolutions give us either redress in thee or confidence in thee The wiser sort conceived these two Bills too big for them to desire at once and that both of them together might procure a flat denial but the more couragious knew the readier way by far having often had experience of his Majesties readiness to grant just desires resolving that he that expects to lose the day is beaten at his own diffidence and it is the quality of some men to swallow Camels upon a sudden who if you give them leisure will perchance strain at a Gnat. Their Resolutions may aim at this but despair to remedy that Nature gives the reason Omne agens se exercet intra spharam Activitatis Dangers if they come but stragling upon us we may collect our spirits well enough and easily resist them but if they come by whole troops Amazment and Fear admits of no consultation for the future but only intends to decline the present and pressing hazard whereon the ancient Gaâ—ls made their first on-sets with valour beyond the courage of men and with feareful cryings and shouts belying their own Animosity to stupify and quell that of the enemy Sunday All the day the King was resolute never to give way to the Bill against the Lord Strafford telling them withal that it seemed strange to him that the man could not dy unless he and he only by giving Sentence the Kings Legislative way should condemn him The Lord Pembrook brought the King a piece of Scripture 2 Sam. 19. from the 5 to the 9 verse the words indeed became a Joab rather than himself till he had scattered the force of the Kings not eldest Son yet eldest Daughter the Kingdom of Scotland here is some Analogy with Absalom and in nothing else for David was sorry for shedding the nocent they not sorry for shedding the Innocent blood though the Issue be not the same Four Bishops were sent for by the King the Primate of Ireland the Bishop of Durham Lincoln and Carlile Some say and I do rather believe it that the King was desirous the Bill should be voiced again and argued the Bishops had their suffrages in the admission though not in the approbation of the Bill others think in regard the Primate was there who had no Interest in this Kingdom it was to resolve the Kings Conscience for my part I see not how they should do this seeing the business was grounded upon a case in Law which none of them unless the Bishop of Lincoln had learned when he was Lord Keeper could possibly discuss for if the King was tender in it how could they persuade him to give way if not what needed their Resolution But it may be that they persuaded him that in conscience he might prefer the Opinion of the Judges before his own and that if though with some reluctation they thought upon their Oaths the Proceedings to be lawful he might give way to them This is not unlikely because the Judges were sent for the same time and it seems for the same Service and if it be so I admire and adore too the wonderful providence of God who in his preparatory Act to this unlawful Judgment which undoubtedly will follow suffers not only the King and the Country but the Church too as if her Cup were not yet full to be involved But could this be to the matter of Fact the King I am sure knew him to be free from any the least intention of subverting the fundamental Laws of the Kingdom and could the Bishops satisfie this scruple too it may be they are persuaded that the Proofs might be taken Implicitly from the House of Commons as the Law from the Judges It is reported indeed that they besought the King with many Tears to give way and that to prevent the ruin of the Kingdom which these Statesmen who will be ever content with the longest life for themselves 'till by piece-meal they be thrust from all did see would necessarily follow Well I dare Prophesie to them they shall not want their Reward neither from the King nor People for the next tumult of people shall be against their Liturgies Surplices and Church-Ornaments And seeing they have now over-persuaded the King in this if they can procure him then to protect themselves from those imminent dangers which hang over their heads they shall do a miracle Sed quos perdere vult Jupiter dementat Some body else will persuade the King that to satisfie the common People and to prevent the Ruin of the Kingdom Bishopricks Deans Prebends and all Cathedrals must down Sed omen avertat Deus optimus Sunday all day nothing sounded in the King's Ears but fears terrors and threatnings of worse and worse the noise of Drums and Trumpets were imagined to be heard of rebelling People from every corner of the Kingdom yea Apprentices Coblers and Fruiterers presented themselves as already running into the King's Bed-Chamber After they they had wrestled him breathless and as they do with great Fishes given him scope of Line wherein to spend his strength at last victus dedit manus being overcome with such uncessant Importunities he yielded up the Buckler And about Nine of the Clock at Night oh deplorable necessity of the times or rather oh the frailty of human Nature that can neither foresee nor sustain this necessity the King promised to Sign both the Bills the next Morning which was accordingly done and a Commission drawn up for his I do not care in what Relation you take the word Execution Ingentes Curae stupent loquuntur leves Though I had resolved with the Painter who could not express his Grief sufficiently in weeping for his Daughter here to have drawn the Curtain yet it will not be something must overflow Consider the Gentleman as a Man his Judgment Memory Eloquence real Perfections in this age of appearances consider him as a Subject his Loyalty his Courage his Integrity to King and Country in these disloyal and faint-hearted times consider him as a Christian his love to the Church his respect to Church-men in this prophane and over-weaning Generation let Worth Honesty and Religion weep his Funerals who suffers for all and yet by all yea as an Enemy to all these talk not hereafter to me of Justice Equity or Conscience they are but Names and those scornful and empty Names too It is Power Faction and Interest that are the managers of human Affairs and sways the times I defie all History to furnish us with the like Parallel of a man accused by his Country by reason of his noble and eager desires to maintain them in plenty and reputation convicted by the Church for his actual performance and serious intention to restore both the Dignities and Revenues thereof his Prince even forced to condemn him after his integrity to persuade due obedience and to protect Royal Authority Happy yea thrice happy he whose Innocence was wedded 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 he added First The Equity of that Court that it proceeds upon the same Grounds and Evidences of that of the Common Pleas and that he had the assistance of two of the Learned Judges in deciding the Controversie Secondly The Profit of that Court which dispatcheth the poor in a day or two whereas the Common-Law would keep them so many years which they are not able to sustain Thirdly The Necessity of that Court in that Kingdom which hath been ever governed by that way and therefore impossible to debarr the Natives from it without great inconvenience for it would utterly undo them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable commanded to it and the Sentence just he hoped rather for Thanks from the State than a Charge for his ill Deportment withal he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that piece of Land and made the playing of his Game to be very foul And at last he added That he had done no more in Ireland than the Courtâ— of Request in England usually doth and that the Chancery-Court in Ireland doth the same daily and the last Chancellor was never Charged said he for such Proceedings though this his Power and Authority was less than mine But the difference of the Person and his Authority it seemeth differeth the Matter And this was the Business on Monday On Tuesday they passed by the 7th Article and the two first parts of the 8th about the Lady Hibbot's Land That he had violently thrust her from her Possession by this Summary way of Justice and afterwards Purchased the Land to his own use by borrowing the Name of Sir Robert Meridith In this Probation the Testimony of the Gentlewomans own Son was used of the Lord of Cork and the Lord Mount-Norris all his back-Friends or professed Enemies and yet they proved very little but what they took upon Hear-sayes Their prime Allegation was First That though the Major part of the Council-Board had Voted for the Lady yet the Lord Lâ—utenant had given Decrees against her Secondly That all was done to his own behoof To the First He produced the Sentence under the Hand of the Clerk of the Council-Board Subscribed by the Major part To the Second He attested that he had no under-dealing with Meredith for the Lady had got her own Lands back from the said Sir Robert Meredith he also declared at length with what fraud and deceit the Lady had come to her Lands and upon what Reasons they were restored After this Article they fell upon the 9th about the giving of Commission to the Bishop of Down and Connar for apprehending all such Persons and presenting them before the Council-Board as contemned the Ecclesiastical Ordinances ' This was aggravated as a Point mainly against the liberty of the Subject To this he Replied First He produced the Primate of Ireland's Testimony under his Hand he being himself sick that the same course had been used in Ireland before and that Bishop Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly He shewed the Equity that such assistance should be given to Church-men who otherwise because of Papists and Schismaticks either to God or the King would have no Repect or Obedience given them in that Kingdom Thirdly He proved by two Witnesses that such Warrants were in use before his time Fourthly He said he had never granted any but that one and had presently within some few Months called the same in again what said he was the Bishop of Downes carriage in it he had no reason to answer for but he presumed the Bishop could give a satisfactory answer for himself when he should be called in question and so he concluded that a matter so just so necessary so customary and practical before he hoped should not be Charged upon him as an Introduction of a new and Tyrannical Form of Government and therefore submitted himself to the Mercy of God and the Equity of his Peers in his Trial. And this was the Work on Tuesday ' The Ability of this brave Gentleman ravished his Hearers with admiration though he be ' infinitely spent both in Body and Mind by the continued and almost unâ—interrupted Agitation After the Ninth Article was passed against the Commission issued in favour of the Bishop of Down and Connar Upon Wednesday Mr Glyn proceeded to the Tenth Article The Charge was That the Earl of Strafford having established an Arbitrary and Tyrannical Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crown it self that by applying to his own use the Publick Revenues he might be the more enabled to accomplish his Disloyal and Trayterous Intentions To which end having by a new Book of Rates enhaunced the Customs he had gotten by advantage of his Lease above twenty six thousand pound yearly This they added was a Crime of higher nature than those contained in the preceding Articles because in those there was some colour or pretext of Justice here none those in Particulars this in General those against the Subject only this against the King himself For the Proof of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchess of Buckingham which the Lieutenant hath now by Assignment and some Difference shewn arising to the Sum of two thousand pounds in the Dukes Lease only the Moiety of concealed and forfeited Goods were due to him but the whole Goods to the Dutchess in her Lease Again the Kings Ships of Prizes did not pay Custom in the Dukes Lease in the Dutchesses they did Again the Impost of the Wines then belonging to the Earl of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly Whereas the Earl of Strafford paid but fourteen thousand pounds per annum for the Custom it was worth to him as was apparent by the Books of the Exchequer forty thousand pounds Witnesses were examined First Sir James Hay who deposed that the Earl of Carlile had an advantage of one thousand six hundred pounds per annum by his Lease of Wines Secondly The Lord Renelaugh who deposed that by the inspection of the Books of Accompts he had found the Customs to be Anno 1636. thirty six thousand pounds Anno 16â—7 thirty nine thousand pounds Anno 1638. fifty four thousand pounds Anno 1639. fifty nine thousand pounds With the Proof they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeal and Honesty in His Majesties Service yet it is evident he had abused the Trust put
upon him and by withdrawing so great Sums of Money from the Crown had weakned the King prejudiced the Subject of the Protection they were to expect from him and had been the cause that the extraordinary way of Impost and Monopolies had been undertaken for supplying of the Royal Necessity And that this Act therefore ought to be enough to make the Charge and Impeachment of High Treason laid against him The Lieutenants Reply was That he conceived he had given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would he spend time in vain Repetitions for the present Article though in all its parts it were granted to be true yet he could not perceive by what Interpretation of Law it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanor Oppression or Felony he made no doubt but he should be very able to clear himself abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions he was content to step so far out of the way as to give Answer First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchess of Buckingham or whether she had obtained a more eaâ—ie condition than the Duke her Husbands especially seeing that same was granted some years before his coming to that Government yet thus much he could say that the Dutchess had paid thirty thousand pound fine and therefore no marvail her yearly Rent was the less Secondly For the Book of Rates wherein the chief matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 three years before his going into Ireland and therefore it was exceeding strange in his apprehension now that could rise up in judgment against him Thirdly That he had his interest in the Customs by Assignation of a Lease from the Dutchess which was given her before his Government nor did he ever hear it alledged as a Crime of Treason for a man to make a good Bargain for himself Fourthly That not of his own accord but at the Kings special Command he had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customs might be improved for the Benefit of the Crown and the true value thereof discovered This he proved by the Lord Cottington and Sir Arthur Ingram Fifthly That when a new Book of Rates was recommended to man by the Council Board of England in the time of his Lease he so far preferred a fear he had That the Trade of Ireland might thereby be discouraged before his own Commodity as he presumed in all humility to refuse the said Book of Rates and tendred his Reasons thereof to the Kingdom and Council-Board of England Sixthly That he never understood that the Customes could aâ—â—e to those great Sums alledged but though they should yet his advantage was but â—mall for first dividing the fourteen thousand pounds he paid to the King then five parts of eight which was yearly given in upon Oath and that procured first by himself at the Exchequer-Board the other three parts 〈◊〉 ideâ— amongst four of them which were equal sharers in the Lease would not amount to any great Sum of Money And therefore except it were Treason for him to have â—mproved the Kings Revenue encouraged the Trade and refused the new Book of Rates he could in his own weak â—udgment discern none there nor could he think it a Crime for him to take an Assignation of a Lease granted before his time and to insist in the Book of Rates used before his coming over and therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries than as a thing spoken in good earnest by them The same day the Eleventh Article concerning Tobacco was Charged on by the same man Mr. Glyn after this manner That for the farther advancement of his Tyrannical and Avaritious Designs he had of himself established a Monopoly for the restraint of Tobacco in that Kingdom where they offered Five Particulars to the Proof First That he had restrained the Importation of Tobacco Secondly That in the mean time he had brought in a great quantity himself and sold the same at exorbitant Prices Thirdly That of Tobacco already imported he had forbidden any to be sold but was first sealed by his Officers Fourthly That upon a pretended Disobedience he had punished a great Number of People by Seizures Imprisonments Fining Whipping Pillory and such like cruel and inhumane Vsages Fifthly That by these means he had gained one hundred thousand Pounds yearly For Proof hereof First The Proclamation for restraining Tobacco was read Secondly The Proclamation about the Sealing of the same Thirdly Some Witnesses who declared that Ships had been restrained from Landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fifthly The Remonstrance of the House of Commons in Ireland declaring that the Earl had sold 500 Tun of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That he had sucked up the Blood and eaten up the Kings Liege-People and had by this one point of Oppression raised greater Sums to himself than all the Kings Revenue in that Kingdom extended unto And therefore was liable to the Crime of Treason for troubling the Peace and bereaving the People of their Goods who were entrusted into his Care and Government The Lieutenant's Reply was That his most secret Thoughts were conscious of nothing but of a sincere intention and endeavour to promote and advance the wellfare of that Kingdom and withal he conceived by their leaves that nothing in that Charge could have the least reference to Treason yet as he said before for removing of all prejudice he was content to answer First That long before his coming to Ireland the same restraint had been of Tobacco and the same Impost of eighteen pence per pound enjoyned by King James Secondly That at that time the Tradesmen for this Commodity paid but twenty pounds a year to the Crown for the Impost but now 400 l. Thirdly That the Parliament in Ireland 1628 had Petitioned to have this Impost setled by an Act of State for ever afterwards as a part of the Revenue of the Crown Fourthly That he had express Command from the King for issuing those Proclamations and therefore could not imagine more danger in them than in others for Monopolies in England in the worst sence Fifthly That the Proclamations were not put forth by himself alone but by the whole Councel-Board of Ireland Sixthly That for the Contract of Tobacco he was so tender of it that it was sent over hither and seen and approved of by the Councel-Board of England before it was condiscended to in Ireland For the Proclamations he told them it
was his own opinion and if he failed in it he humbly craved pardon and hoped that it should not be treason to have no more Judgement than God had bestowed on him that the King was indued by God with a power to make temporary Laws and cause the same to be promulgated for the good of his People upon suddain emergent occasions to which Laws obedience is due till they be abrogated by ensuing Parliaments that he restrained no man from importing Tobacco who was willing to pay the appointed Impost that for his part he had never traffict in all his time in that kind nor had any part with the Contractors And if any Tobacco was seized on it was upon contempt of the Proclamations And if any Person were censured to the Pillory or Whipping it was for known perjury the ordinary and usual punishment in such a Case concerning the Tobacco imported he said no consideration was taken of the prices given for the Tobacco beyond Seas of the Kings Revenue of four thousand pound of the Merchants pains and danger bringing the same home For his part if any advantage were made surely it was not his nor could he annul every Contract or Lease made by the King And therefore seeing his interest was none he had done nothing but at the Kings directions and at the advice of the Councel-Board seeing the same Impost was in King James his time and Petitioned for by themselves in Ireland He hoped the carriage in the business should be so far from a Crime of Treason that it should rather be thought no Crime at all So much for Wednesday Upon Thursday he was Charged with the twelfth Article concerning Flax by Master Maynard on this manner That the Flax being the native and principal Commodity of that Kingdom was by him the Lieutenant restrained and the Subjects put to that which was unknown yea impossible for the Irish to make the same into Yarn here they complained of three things First That by Proclamation he had restrained selling of Flax. Secondly That he had ordered the making of Yarn of such and such lengths and numbers of Threds Thirdly That the Native Irish being unacquainted with such Customes upon a pretended disobedience had all their Flax and Yarn seized on to his use whereby a great many Families were reduced to such penury that they died by great numbers in the Fields for want of Food For proof hereof they brought First The Proclamation about the Restraint Secondly The Warrant for seizing the forfeited goods Thirdly The Execution of this Warrant proved by Sir John Clotworthy Lord Ranelaugh Fourthly The Remonstrance from the House of Commons in Ireland that upon the rigorous course and execution of this Warrant many persons died for want of Food They concluded the Charge therefore Though the Article did not individually imply Treason yet it did make very much for the Accumulation of Treason The Lieutenants Reply was That as before he would and must ever repeat it that nothing was in the Charge that contained Treason to the matter it self he answered First That the Proclamations issued forth were grounded not only upon convenience but upon necessity because that except some way had been taken for ordering of Yarn the Merchants had absolutely given over the Linnen-trade in that Kingdom Secondly That the Councel-Board was as lyable to the Charge as himself amongst whom were at that time the Primate of Ireland the Arch-Bishop of Dublin Chancellor Loftis and the Lord Mount-Norris all Subscribers to the Proclamation men to them of known integrity and Judgment Thirdly That nothing was more common then for the Councel-Board of Ireland to give one Orders for reducing the Natives to the English Customes and to fine them for drawing their Horses by the tails during their Corn and such like and he conceived that to be a thing of the same nature Fourthly That the special thing inducing him to it was because he perceived the trade of Wool to increase much in that Kingdom He disswaded by all means the making of Wooles-Cloath because of the infinite detriment that might happen thereby to the Kingdom of England and therefore thought this the best way to encourage the way of Linnen Cloth For the Warrant to seize upon the goods he affirmed the same to be necessary because there should be no contempt to Proclamations But that any part thereof did accrue to him he flatly denied If any rigour was used in the execution he said not he but his Officers were to answer for it for this might happen in the most just and necessary commands nor was there eyer any complaint presented to him of any such matter For his part he had lost thirty thousands pounds in the Manufacture established by himself for the encouragement of others To that that Persons died by this means he Replied that it was more then ever he heard or could think possible yea that he was cleared by the allegation it self which saith that the same happened since his coming from Ireland To the Remonstrance of Ireland he conceived that a charge was but a slender proof of a Charge and that especially upon Interrogatories not upon Oath seeing that priviledge was not due to the House of Commons neither here nor there that he might say it in truth and modesty he deserved much better of that People and might take up that in the Gospel For which of all my good Deeds c. Yet he hoped to be better understood shortly both here and there and for his part though his pursuit had been very hot yet God was his Witness he never intended to take the least Impression of Revenge for those discontents and affronts which had been eagerly put upon him or to carry any thing hence with him from that Bar where so many foule Aspersions had been unjustly thrown upon him but only Gratuitas Cicatricis The same day a fresh man Master Palmer entred the Lists against him who having past by for want of proof the thirteenth fourteenth and part of the fifteenth Articles insisted only upon the second part for giving Warrant to Serjeant Savil for seizing and laying Souldiers upon the Subjects he Charged thus That the Lord Strafford having by a Tyrannical Power inverted the ordinary course of Justice and given immediate Sentence upon the Lands and Goods of the Kings Subjects under pretence of disobedience had used a Military way for redressing of the Contempt and laid Souldiers upon the Lands and Goods of the Kings Subjects to their utter ruine This Article he said of it self did contain an individual Treason so that if there were no more than this it were more than sufficient to convince him of his Impeachment Here he offered two things First The proof of the point Secondly By what Statute this Act of Tyranny directly and by it self implyed Treason For the first Serjeant Savil was called who produced the Copy of the Warrant upon which he had setled the Souldiers
At this the Lieutenant rose and humbly intreated the Lords no evidence should be received against him upon an Article of such importance but what might be thought authentique and such a one under favour he conceived that Copy not to be First Because no transcript but the Original only can make faith before the Kings Bench in a matter of Debt therefore far be it from them to receive a most slender Testimony in matter of Life and Death before the supream Judicatory of the Kingdom Secondly If Copies be at any time received they are such as are given in upon Oath to have been compared with the Originals which are upon Record such an one was not that Copy It was Replied by Master Glin for all of them spake as occasion served that the House had but the day before admitted Copies as Evidences much more should they do this when it was prosecuted by the Officer himself who best knew it having executed the same To this the Lieutenant answered that all other Copies ought to be received upon Oath to have been compared with the Original as right reason requireth but that this was not so and for the Officer himself proâ—ucing it that was the best Argument he could use why it should not be admitted For said he Master Savil may be charged with Treason for seising Men of War upon the Kings Subjects he hath nothing for his defence but a pretendedâ—Warrant from me Now what he swears to my prejudice is to his own advantage nor can a Man by any equity in the World be admitted to testify against another in suum justificationem The point seemed exceeding weighty and in effect was the groundwork of the whole Article which not proved nothing could evince him to have been accessary to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation between the sactions and above an hours stay they returned and declared that the Lords after mature deliberation had resolved that the Copy should not be admitted and desired them to proceed to other preoâ—s which after a little pause they did First the Lord Renelaugh affirms that he heard of such a Warrant and knew sometimes three sometimes five Souldiers Billeted by it Secondly Master Clare declares the very same Thirdly Another Deposeth he had seen such a Warrant under the Deputies Hand and Seal And so much for the proof For the Statute they alleaged one of Edward 3.6 that whosoever should carry about with them English Enemies â—sh Râ—bels or Hooded-Men and less them upon the Subject should be punished as a Traytor Another of Hen. 6.7 That whosoever should â—ess Men of War in his Majesties Dominions should be thought to make War against the King and punished as a Traytor They concluded It was evident the Lord Strafford had incurred the penalty and breach of both the Statutes and therefore desired the Lords should give out Judgment against him as a Traytor The Lord Lieutenants Reply was That in all the course of his Life he had intended nothing more than the preservation of the Lives Goods and welfare of the Kings Subjects and that he dared profess that under no Deputy more than under himself had there been a more free and un-interrupted course of Justice To the Charge he answered First That the Customes of Ireland differed exceedingly from the Customes of England and was clear by Cooks Book and therefore though sessing of Men might seem strange here yet not so there Secondly That even in England he had known Souldiers pressed upon men by the presidents of York and Wales in case of known and open Contempts and that both in point of Outlary and Rebellion and also even for sums of Debt between party and party there is nothing more ordinary than these Sessings to this day in Scotland whereby the chief house of the owner is seized upon Thirdly That to this day there hath been nothing more ordinary in Ireland than for the Governours to appoint Souldiers to put all manner of Sentences in execution which he proved plainly to have been done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmot Corks Evers and all preceding Deputies times And had even for Outlaries for the Kings debts in the Exchequer of Collection of Contribution money and which comes home to the point for peteet sums of money between party and party so that he marvailed quâ fronte or with what boldness it could be called an Arbitrary Government lately brought in by him To this the Lord Dillon Sir Adam Loftis and Sir Arthur Teringham deposed the last of whom told that in Faulklands time he knew twenty Souldiers Sessed upon a Man for refusing to pay sixteen shillings sterling Fourthly That in his instructions for executing his Commissions he hath express warrant for the same as were in the instructions to the Lord Faukland before him both of which were produced and read Fifthly That although all these presidents were not yet it were not possible to govern the Kingdom of Ireland otherwise which had been from all times accustomed to such summary proceedings Sixthly That no Testimony brought against him can prove that erer he gave warrant to that effect and for the Deeds of the Serjeant at Arms he did conceive himself to be answerable for it As for the Acts of Parliament he had reserved them to the dispute of his Lawyers but was content to say thus much for the present First That it is a ground in the Civil Law that where the King is not mentioned there he cannot be included But with all distance to his sacred Person be it spoken he conceived himself to be in his Master the Kings place for so his Commission did run in that Kingdom of Ireland Secondly The words of the Statute are not appliable to him for God knows he never went about in person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings own Souldiers enquiring in a customary way obedience to his Orders could in no construction be called Irish-Rebels English Enemies or Hooded-men Fourthly That the use and custom of the Law was the best Interpreter thereof and for that he had already spoken enough Fifthly That it favoured more of prejudice than equity to start out such an old Statute against him and none others though culpable of the same Fact to the overthrow and ruine of him and his Posterity Sixthly That under favour he conceived for any Irish Custom or upon any Irish Statute he was to be judged by the Peers of Ireland Seventhly That Statute of what force soever was repealed First By the Tenth of Henry the Seventh where it is expresly declared nothing shall be reputed Treason hereafter but what is so declared by the present Statute now not a word there of any such Treason Secondly By the eleventh of Queen Elizabeth where expresly power is given to the Deputy of Ireland to sess and lay
was the height of his Tyranny not only to dominier over the Bodies but also over the Consciences of Men to which purpose he had enjoyned an Oath to the Scots in Ireland and because some out of tenderness of Conscience did refuse to take the â—ame he had fined them in great Sums of Money Banished a great number from that Kingdom called all that Nation Traytors and Rebels and said if ever he returned home from England he would root them out both Stock and Branch For Proof of this First Sir Jammy Mountgomery was produced who declared at large how that Oath was contrived Secondly Sir Robert Maxwell of Orchiardon who spake to the same purpose Thirdly Sir Jo. Clotworthy who declared that a great number had fled the Kingdom for fear of that Oath Fourthly One Mr. Samuel who deposed that upon the tenth of October 1638. He heard the Dâ—puty say these words that if he returned he would root them out Stock and Branch They Concluded That this was a point of the most Tyrannical and Arbitrary Government that before this time was ever heard of not only to Lord it over the Fortunes but also over the Souls of Men. And that it rested only in the Parliament which hath the Legislative Power to enjoyne Oaths And that therefore this was one of the chief points he had done against the Priviledges and Liberty of the Subject The Lieutenant Replied That every new Article acquainted him with a new Treason that if he had done any thing in all his life acceptable to the King and Countrey he conceived it to be this To these Particulars First He desired the Lord would call to mind the condition of those times no than pointing to my Lord Steward knows better than your Lordship who had then the chiefest place in his Majesties Service I would be very sorry to rub said he old Sores especially seeing I hope things are in a fair way to a firm Peace and I wish that I may not be deceived that is that it may be so only thus much I may say we had then greater fears and apprehensions in Ireland left the Scots in the Kingdom who were above one hundred thousand Souls might have joyned with their Countrey-Men at home for the disturbance of our Peace mean time we detected a Treason of Betraying of the Castle of Knockfergus to a great Man in that Kingdom whose name I now spare by one Freeman who upon the discovery was executed The Councel-Board therefore in Ireland resolved to prescribe the Scots an Oath whereby they might declare their discontent at their Countrey-mens proceedings and obliege themselves to the Kings Service but while we were about this they of their own accord come to Dublin to Petition for it and took it with a wonderful alacrity and heartiness so that it is a marvelous falshood for any man to say it was invented or violently enjoyned by me Secondly about the same time the same Oath verbum verbo was by the Councel of England prescribed to the Scots at London and else where which was no small encouragement to us in Ireland Thirdly I had said he which I never shewed because I had no need before this time a special Warrant from the King all Written with his own hand to that effect and when the King commands a matter not contrary to Law truly I said he do conceive it both contrary to Law and Conscience not to yield him all due obedience For the Proof brought against him there was nothing seemed to be of any moment but the words For the first words That he had called all the Nation Rebels and Traytors He said there was no proof at all nor indeed could there be any for if I had said it quoth he I had been perfectly out of my Witts And he thanked God such irrational-speeches used not to escape him He honoured that Kingdom very much because it was the native soil of our dread Soveraign his gracious Master and because he knew a part yea he hoped the greatest part of them had been and ever will be as loyal and dutiful to the King as any other of his Subjects and of those too who had subscribed that unhappy combination he knew a great many had done it against their hearts and wills and would be ever ready upon occasion to remonstrate the same by adhering to the Kings service So that this accusation was nothing but a wrestling and perverting hâ—s words and meaning of purpose to make him odious and irritate a whole Nation against him For the other words they were proved only by one Witness which could make no sufficient faith and that Witness too he would evince if not of perjury yet of a notable mistake For he had sworn positively that he had spoken these words the tenth of October whereas he was come out of Ireland into England the twelfth of September before and was at London the one and twentieth For thâ—se that had fled the Kingdom because of that Oath he knew none such and if they did they fled into Scotland which might sufficiently argue their Intentions and Resolutions For his part if they were not willing to give that Testimony of their Loyalty to their Prince although he had known of their Departure he would have been very loath to have kept them against their wills but should have been gladly rid of them and have made them a Bridge to be gone rather than stay Upon Monday Master Whitlock Proceeded to the 20 Article and told him that because the matter was intervenient consimilis nature they had resolved to joyne the five next Articles together because all of them tended to one point or period that is to shew what bad Design he had to have subdued the Kingdoms both of Scotland and England by force of Arms and to reduce them to that arbitrary Government he had lately introduced into Ireland The Lieutenant intreated that they would proceed according to the order prescribed by the House which was Article by Article He said five Articles were many the matter weighty his Memory Treacherous his Jugment weak It was bitterly replied my Master Glin that it did not become the Prisâ—ner at the Bar to prescribe them in what way they should give in their Evidences The Lieutenant modestly answered that if he stood in his place he would perhaps crave the like favour unless his abilities did furnish him with more strength than he could find in himself for his part he was contented they should proceed any way always provided they would grant him a competent time for Replying Then Whitlock went on and told the Lords that something in those Articles concerned the Scottish something the English Nation that which concerned the Scottish he reduced to five heads First That the Deputy had said at the Councel-Board that the Scots demands contained sufficient 〈◊〉 to perswade to an offensive War Secondly Thus the same demands did strike at the Root and Life of
about the two first particulars but did hear of none and that it was no small disadvantage to him to be charged with a great many odious Crimes by a Book Printed and flying from hand to hand through the whole Kingdom yet when they came to prove there should be no such thing laid against him Secondly About the Speeches He ingeniously confessed that some such thing might perhaps have escaped the dore of his lips when he saw their backwardness to his Majesties Service and as the times were then conditioned he did not think it much amiss to call that faction by the name of Rebels but yet he thought he had abundantly satisfied for that oversight if it was any at York For having understood there that the City of London were willing to make a Loan of Money he there before the great councel of the Peers expressed himself to this sence that the Londoners had sufficiently made up all their delays hitherto by their Act that the King was oblieged to their forwardness and that he himself should be as ready to serve them as any poor Gentleman in England About the other words he said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earl of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinal had given some such order as to leavy Money by forces this he said he only told the Lord Cottington standing by without the last application or intention concerning the English Affairs Cottington being examined upon this declared the same in the same manner Thirdly to Sir Ralph Freeman he said that his Testimony did not concern the Charge at all nor did he think any thing amiss in it though he had said it if the Servants of the Mint refused 〈◊〉 work according to directions they did deserve the House of Correction nor was it Treasonable to say the King might use that House for the Correction of his Servants as well as any Man in the Citty for theirs Fourthly He said that there was no great likelyhood that he had committed real Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had been fully verified and therefore in that as in all other Articles he reserved a power for his Councel to dispute in matter of Law They went to the Twenty seventh Article and Charged thus That immediately after his Appointment to be Lord Lieutenant to the Army here in England he shewed what Principles of Arbitrary Government lurked within his bosom for by his own immediate Authority without and against Law he had laid Impost of Money upon the Kings Subjects where they mention three Particulars First That he had imposed 8 d. per diem upon the County of York for entertaining the Trayned Bands there one whole Month. Secondly That they had sent out Warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That he said that it was a Crime nigh to the Crime of high Treason not to pay the saâ— Fourthly They added that in his general Replies he had brought two things for his defence first that this mony was freely and voluntarily offered by those in York-shire secondly that the great Councel of the Peers had notice of the same To the first they answered that a Petition was indeed preferred by the York shire men and a Month pay offered but that the Lord Srafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby he evidently declared what little â—nclination he had to that way To the Second They appeal'd to all the Lords present whether any such Order did pass before the Council of the Peers at York The Proofs were First A Warrant issued by Colonel Pennyman for this Money and another by Sir Edward Osborne Secondly Mr John Burrowes who declared that he was Clerk to the great Council but did remember of no Order and withal added that it might have passed at that time when he attended at Rippon Thirdly Mr. Dunston who declared that he had known that Money levied by some Musqueteers Fourthly By Sir William Ingram who declared that he had heard the Lieutenant say that to refuse the same came nigh to the Crime of High Treason The concluded the Charge That by these Particulars it was more than evident what unhappyâ— Purposes and Trayterous Designes he had to subdue this Kingdom and subvert the Fundamental Laws and Priviledges First To the Petition That it was a true Petition drawn up by the York-shire Gentlemen and as true that he had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties coming to York it was thought necessary for the defence of that County to keep the Trayned Band on foot because the Enemy was upon the Borders and therefore the King directed him to write to all the Free-holders in York-shire to see what they would do for their own defence The Time and Place were designed by the King but the night before the Meeting a small Number convented and in a private and factious way did draw up that Petition upon the morrow at their appointed Diet in presence of the whole Number the Petition was presented to him where he did advise them to leave out that Clause and that because he knew the King out of his own Gracious Disposition had intended to call a Parliament which he desired should rather be freely done than upon the constraint and importunity of Petitions moreover it would seem a Mercenary thing in them at one and the same time to offer a Benevolence and withal to Petition for his Favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of Mouth to offer unto the King the Months pay in their Names which he did accordingly in the presence of Forty of them to their no small advantage This he proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savil Sir Thomas Danby who all of them declared as much in ample terms and withal added That nothing was done upon better grounds of Necessity and Obedience than the Offer of â—hat Money and that they never had heard any man grudge against it to this time For the Second about the Council of Peers he alledged that he never made mention of any Order of theirs but he remembred very well it was twice propounded before them that the King had approved it at that time a just and necessary Act and none of the Council had contradicted it which he conceived as a tacit approbation and an Order in Equivalence But though that had not been yet there was nothing done in the Business but at the special desires of the Gentlemen themselves and for their necessary
Bridgeman who made it manifest that the Salvo of 25 Edward 3. was repealed and that no man could now be convicted of Treason but by the Letter of that Statute But being put to Voice it was carried for the Bill and a Committee appointed for to draw it up This gave occasion of much talk abroad and they who were otherwise the Lord Strafford's Enemies could not find Equity enough in the Bill of Attainder Some could not conceive what difference imaginable was betwixt the Bill and the Charge presented before for in the Charge he was accused of Treason and the Bill though they had no Legislative power seemed nothing but an Affirmation of the same Others who would have the Bill understood of a Definitive sentence because it was consecutive to the Proofs were not satisfied but that it was against all practice that the Commons should give sentence upon the death of a Peer and that it was against common Equity too that the Party accusant should give the Judgment if the complainers were admitted to be Judges A third sort gave it out that this was no Sentence against the Lord Strafford but only a passing of a new Act of Parliament about a matter not hitherto declared Treasonable but yet these doubted that by declaring the matter of Fact to be approved and applying the censure to it in reference to the Lord Strafford it would ever be thought a Sentence against him to blemish his own Fame and the Blood of his Posterity Moreover that if they were about to make a new Act it were strange to punish a man for the breach of such a Statute as was not yet extant in Rerum Naturâ which should in reason refer only to fuâ—ure obedience And what is more strange though there were a new Statute yet by what Authority the Parliament hath or could declare any Individual or Accumulative Act which is already to be Treasonable which must be Treason by virtue of a Statute or else no Treason at all now there is none can be brought except the twenty fifth of Edward the third whereof the Letter of that Statute cannot by their own Confession nor was not so much as once alleaged against the Lord Strafford and for the Salvo or Proviso which they mainly insisted on the same stands repealed by two posterior Acts of Parliament You have the Mutterings of all sorts of People The Lords fearing the Proceedings as a beaten Path trodden out to the ruin of their own Lives and Estates told the House of Commons in their Conference upon Thursday That they would go on the same way they did already and according to the Order of the House give full Audience to the Lord Strafford's Councel in matter of Law and that they themselves as competent Judges would by themselves only give Sentence in the Cause nor was there any other course sutable to the practice and Statutes of the Kingdom the Safety of the Nobility or to Equity or common Justice It was replied by them of the Lower House That they were resolved to go on with their Bill and if the same should be rejected by the Lords they feared a Rupture and Division might follow to the utter Ruine and Desolation of the whole Kingdom that no content would be given to the Subject and this was a strong Argument indeed yet better beseeming Partiality and Violence than the pretended Justice and Piety of the times unless the man who had so much intruded upon their Right and discontented the People might be punished as a Traytor and for the practice of the Kingdom that no man had ever found such a favourable hearing and that the Process against Essex Norfolk Somerset were all of them closed up in one day Upon Friday the Lords gave Answer That they could expect nothing from the House of Commons but what should tend to the Peace and Preservation of the Kingdom nor was there a more forceable way than to preserve the Laws and Customs thereof lest Innovation so much complained of by them might unhappily be found among themselves That the Subjects should have all that Justice could afford but that an Act of Injustice would never give satisfaction to the World nor safety to themselves the Eyes of all Foreign States being fixed upon the business now in agitation and the wisdom of our Nation either to be much advanced or depressed by their Judgments in this Case That the Process against Norfolk and Essex for Somerset was convict only of Felony and had not so much Animadversion to save himself by his Book were for direct and formal Treasons comprised in one or two Individual Acts but this against the Lord Strafford only Arbitrary and Accumulative to be pick'd out of Twenty eight Articles And therefore that it was impossible to have a full Examination of them all to give Sentence against him and those Noble men were charged with some Actual breach of Statutes formerly made but here a new Statute was to be made or else he to be found guiltless They concluded that they had given Order for his appearance on Saturday and that in the Great Hall at Westminster where the House of Commons might if they pleased be present After some deliberation with the House the Conferrers answered That since the Lords had so resolved they would not deny to be there present and to hear what his Councel could say for him but to reply any more in public they neither could nor would because of the Bill already past only if the Lords should take any scruple in the matter of Law they would be ready to give them satisfaction by a private Conference so they willingly declined to do what indeed they could not possibly do that is to give public satisfaction in the matter of Law Upon Saturday they convened in the Great Hall but they that were of the Committee for the great Charge did not stand at the Bar as before but sat promiscuously with the rest of their Fellows so that a mouth was not opened in the behalf of the House of Commons all that day After they were set the Lord Steward told the Lieutenant That the Lords had resolved to give him a fair hearing in the matter of Law and therefore desired that the Councel might keep that distance moderation and respect to the Judicatory that was fitting and not at all to meddle with the matter of Fact The Lieutenant replied That in all humility he did acknowledge that favour from the Lords and that it was such an one too as he could not but expect from such honourable Peers and just Persons in whose integrity and goodness under that which he had placed above he had reposed his chiefest confidence for his Councel they knew much better than himself what concerned the point of Discretion and Reverence and that he doubted not but that they would give all satisfaction and obedience Then his Councel were called to the Bar Mr. Lane the Prince's Attorney Mr. Gardiner Recorder of
be answerable for all his Errors when they were to be charged upon him and to this noâ— of them should concur with greater alacrity than himself That he hoped none of theâ— would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concur with them to punish this man as a Traytor and desired therefore that they would think of some other way how the Business might be composed Nor should it ever be less dear to him though with the loss of His dearest Blood to protect the Innocent than to punish the Guilty At this the House of Commons startled and adjorned themselves till Monday divers censures are past upon the King's Speech even of those that lov'd His Honour some think he was drawn to this by a certain fore-knowledge of the Lords facility to give way to the Commons and that it was better to express himself then if by that means he could hinder the Sentence than to countermand the Execution thereof when it was passed and so draw all the envy upon himself Others are of opinion which is more probable that this hath been a Plot of the Kings bosome enemies to set him at odds with His Subjects that thereby they might Fish the more securely in these troubled Waters The reason is because it is very likely the Lord Strafford might have passed free by the Voices of the Lords but now howsoever the matter falleth out all the blame will be imputed to the King for if he be condemned it will be no thanks to the King if justified that will certainly be laid to the King too as who by His Threats and Menaces hath forestalled the Voices of his Nobility It is conceiv'd by wise men and such as wish no evil to my Lord Strafford that it had been far better both for the King and him to have first â—â—yed the utmost of the Lords for the King because it was both possible and probable that he might have gained the Declaration of the Lords for him if not it was time enough to Interpose His own Power afterwards for the Lord Strafford because it hath made the House of Commons a great deal the more pressing fearing by the King 's Peremptory Answer from whom in regard of the advantage of the times they expected nothing but a Concedimus omnia that there is some Plot under hand And these thoughts produced the late tumults of the Londoners of which more by and by And it is verily thought that for these two Reasons the Lieutenants seeming Friends but indeed real Enemies have put the King upon this way hoping thereby that the Lords should find occasion to pretend necessity of doing that which perhaps in regard of common equity or the King's displeasure they could nor durst have done howsoever Facta est alia the King is now so far ingaged that with respect to Honour and Conscience he cannot retire for if the Procedure be by a Legislative Power it falls directly upon him nor can he give his assent if by a Judiciary then must he either hinder the Execution or be said to have Charged himself with Injustice This hath produced strange alterations even the Marriage of the Prince of Orange done on Sunday last May the Second with ordinary Solemnity is now exceeding hateful to the Commons which so much before desired it some say the Precipitation of that Marriage Imports no good others that the Parliament had condescended to that Marriage but did not expect that Acceleration a third sort that the Party is mean enough if not too low for the King of England's Eldest Daughter all of them that the Dutch-men have offered Money to the King for a new Service of War and have thereby bought this Honour this is increased by the Landing of a Dutch-man who is to be Gentleman of the Kings Horse And shortly with us the Hollander will be no less odious than the Spaniard Oh the wonderful changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty means and to get the Reins cast about their own necks it ranges madly up and down nec modum tenens nec terminum nor is capable of subsistance till it hath lost it self and what it so much affects Liberty So Knives are put into the hands of Children who discern no danger but affect them for their splendor and glittering So Poyson into the Mouths of Fools which is judged only by the Taste and Sweetness But it seems the Judgment of this Kingdom cannot be prevented and because they have sinned against themselves by abusing their Plenty and Fatness it is the just Judgement of God that they be the Executioners of his Judgments upon themselves Before I tell you of Monday and Tuesdays Madness I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentices beset the Spanish Embassadors House neer Bishopsâ—gate threatning to pull it down and kill the Man the Mayor of London comes amongst them and with a great deal of pains persuaded them to retire home and afterwards entred into the Ambassador's House at his coming in the Ambassador desired him to pull down his Sword which was carried before him because he was now where the King of Spain had Jurisdiction That being done he told the Lord Mayor that in all his life time he had never seen such a barbarous attempt and desired to know whether England was a civil Nation or no where the Law of Nations was so monstrously violated The Mayor replied That they were of the base and rascally sort of People and intreated the Tumult might not be imputed to the Town The Ambassador answered That he could hardly acknowledge that to be a Town â—eâ— scarce a Society of Men where there was so little Civility and Government The Mayor told him That the people were discontent because Mass was said in his house The Ambassador replied That the English Ambassador had the free Exercise of his Religion at Madrid and that he would rather forgo his life than any of those Privileges due to him by â—action and the Law of Nations The Mayor answered They were the more incensed against him because the Londoners popishly affected were permitted to come into his house to Mass which was beyond both Law and Custom The Ambassador replied That if the Mayor would keep them without doors he would promise to send for none of them but if they came once within his doors he could not in preservation of his Conscience or his Master's Honour deny them either access to his Religion or safeguard to their Persons as far as in him lay Upon this a Guard was appointed to attend the Ambassador's house whether to keep out Papists or to preserve them that were within or to let in others is yet to be disputed The storm was quiet from thence 'till Monday when the people being inflamed again by the King's Speech