at Plough in the Parish of Ofley in the County of Hertford Bernard asked Balshal what news he told him that the news was That King Richard the Second was alive in Scotland which was false for he was dead and that by Midsummer next he would come into England Bernard asked him What were best to be done Balshal answered Get Men and go to King Richard In Michaelmas Term in the Third year of Hen. 4th in the Kings Bench Rot. 4. This advice of War adjudged Treason In Queen Mary's time Sir Nicholas Throckmorton conspired with Sir Thomas Wyat to Levy War within this Realm for alteration in Religion he joyned not with him in the execution This conspiracy alone declared to be Treason by all the Judges this was after the Statute of Queen Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter Term following and is reported by Justice Dyer fol. 98. It 's true Sir Thomas Wyat afterwards did Levy War Sir Nicholas Throckmorton he only conspired This adjudged Treason One Story in Queen Elizabeths time practised with Foreigners to levy War within this Kingdom nothing done in persuance of the practice The intent without any adhering to enemies of the Queen or other cause adjudged Treason and he executed thereupon It 's true my Lords that year 13 Eliz. by Act of Parliament it 's made Treason to intend the levying of War this Case was adjudged before the Parliament The Case was adjudged in Hillary Term the Parliament begun not till the April following This my Lords is a Case judged in point that the practising to levy War though nothing be done in execution of it is Treason Object It may be Objected That in these Cases the Conspiring being against the whole Kingdom included the Queen and was a compassing Her destruction as well as of the Kingdoms here the Advice was to the King Answ. The Answer is first That the Warrant was unknown to His Majesty that was a Machination of War against the People and Lawes wherein His Majesties Person was engaged for Protection Secondly That the Advice was to His Majesty aggravates the Offence it was an Attempt which was the Offence it was an Attempt not only upon the Kingdom but upon the Sacred Person and His Office too himself was hostis patriae he would have made the Father of it so to Nothing more unnatural nor more dangerous than to offer the King Poyson to drink telling Him that it is a Cordial is a passing of His death the Poyson was repelled there was an Antidote within the Malice of the giver beyond expression The perswading of Foreigners to invade the Kingdom hold no proportion with this Machination of War against the Law or Kingdom is against the King they cannot be severed My Lords If no actual War within the Statute if the Counselling of War if neither of these single Acts be Treason within the Statute The Commons in the next place have taken it into consideration what the addition of his other Words Counsels and Actions do operate in the Case and have conceived that with this Addition all being put together that he is brought within the Statute of 25 E. 3. The words of the Statute are If any Man shall Compass or Imagine the death of the King the words are not If any Man shall plot or Counsel the Death of the King No my Lords they go further than to such things as are intended immediately directly and determinatively against the Life and Person of the King they are of a larger extent to compass is to do by Circuit to Consult or Practice another thing directly which being done may necessarily produce this effect However it be in the other Treasons within this Statute yet in this by the very words there is room left for constructions for necessary inferences and consequences What hath been the Judgment and Practice of former times concerning these words of compassing the Kings Death will appear to your Lordships by some Cases of Attainders upon these words One Owen in K. Iames His time in the 13 th year of His Reign at Sandwich in Kent spake these words That K. Iames being Excommunicated by the Pope may be killed by any Man which killing is no Murther Being asked by those he spake to how he durst maintain so Bloody an Assertion Answered That the matter was not so heinous as was supposed for the King who is the Lesser is concluded by the Pope who is the Greater and as a Malefactor being Condemned before a Temporal Judge may be delivered over to be Executed So the King standing Convicted by the Popes Sentence of Excommunication may justly be slaughtered without fault for the Killing of the King is the Execution of the Popes Supreame Sentence as the other is the Execution of the Law For this Judgment of High Treason was given against him and Execution done My Lords there is no clear intent appearing that Owen desired the thing should be done onely Arguments that it might be done this is a Compassing there is a clear Endeavour to corrupt the Judgment to take off the Bonds of Conscience the greatest security of the Kings Life God forbid saith one of better Judgement then he that I should stretch out my hand against the Lords Annointed No saith he the Lord doth not forbid it you may for these Reasons lawfully kill the King He that denies the Title to the Crown and plots the means of setting it upon anothers head may do this without any direct or immediate desiring the death of Him that wears it yet this is Treason as was adjudged in the 10th of Hen. 7. in these of Burton and in the Duke of Norfolkes Case 13 Eliz. This is a compassing of His Death for there can no more be two Kings in one Kingdom then two Suns in the Firmament he that conceives a Title counts it worth venturing for though it cost him his life he that is in possession thinks it as well worth the keeping Iohn Sparhauk in King Henry the Fourth's time meeting too men upon the way amongst other talk said That the King was not rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earles Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Terme in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the People from the King and to excite them against him that in the end they might rise up against
sent away Post Merid. The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee that are to draw up the Charge against the said Earl which being Reported were as followeth Articles of the Commons assembled in Parliament against Thomas Earl of Strafford in maintenance of his Accusation whereby he stands Charged of High Treason 1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by traiterous words Counsels and Actions and by giving His Majesty Advice by force of Arms to compel his Loyal Subjects to submit thereunto 2. That he hath traiterously assumed to himself Regal Power over the Lives Liberties Persons Lands and Goods of His Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of His Majesties Liege People 3. That the better to inrich and inable himself to go through with his traiterous Designs he hath detained a great part of His Majesties Revenue without giving Legal account and hath taken great Sums out of the Exchequer converting them to his own Use when His Majesty wanted Money for His own urgent Occasions and His Army had been a long time unpaid 4. That he hath traiterously abused the Power and Authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual Dependance and Confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical Designs 5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesties Subjects of England and those of Scotland 6. That he hath traiterously broke the great Trust reposed in him by His Majesty of Lieutenant-General of His Army by wilful betraying divers of His Majesties Subjects to death his Army to a dishonourable Defeat by the Scots at Newborne and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss as that of New-Castle His Majesties Realm of England might be engaged in a National and irreconcilable Quarrel with the Scots 7. That to preserve himself from being questioned for those and other his traiterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from His Majesty to set a Division between them and to ruine and destroy His Majesties Kingdoms for which they Impeach him of High Treason against our Soveraign Lord the King His Crown and Dignity 8. And he the said Earl of Strafford was Lord-Deputy of Ireland and Lieutenant-General of the Army there viz. His most Excellent Majesty for His Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant-General of all His Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. That the said Commons by Protestations saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering Proofs also of the Premisses or any of them or any other Impeachment or Accusation that shall be exhibited by them as the Cause shall according to the course of Parliaments require do pray that the said Earl may be put to Answer for all and every of the Premisses that such Proceedings Examinations Trials and Judgments may be upon every of them had and used as is agreeable to Law and Justice Tuesday November 24th 1640. These Articles thus Resolved upon by Question were by another Question Ordered to be engrossed against to morrow Morning and no Copies to be delivered of them in the Interim and the same Committee that prepared the Charge is to draw up the Interrogatories and Mr. Pym is to go up to the Lords with the Charge Wednesday November 25th 1640. Lord Digby went up with this Message to the Lords That this House desires a Conference with their Lordships by a Committee of both Houses concerning the Articles to be Exhibited against the Earl of Strafford Lord Digby brings Answer That their Lordships have Considered the Message and desire to meet a Committee of that House with a Committee of theirs presently in the Painted-Chamber The ingrossed Articles were again openly read in the House and agreed to be sent up to the Lords by Mr. Pym by a Vote upon the Question Mr. Pym before he went made a short Declaration of the substance of that he intended to deliver unto the Lords both before and after the delivery of the Articles Mr. Pym's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford that he attended the great Committee of this House and in their presence delivered to the Committee of the Lords House the Charge against the Earl of Strafford and if any thing passed him through weakness or disability he desires the excuse of this House It was moved that Mr. Pym might have Thanks for his well delivery of the Charge against the Earl of Strafford Friday November 27th 1640. A Message from the Lords by Justice Littleton and Justice Bartley The Lords desire a Conference by a Committee of thirty of their House with a proportionable number of this House concerning the Message that was brought unto them by Mr. Pym touching the Examination of their Members in the Accusation of the Earl of Strafford and desire a free Conference touching the last Point of that Message that some of the Members of this House should be present at the Examination and they desire it this morning in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messenger That this House has taken into Consideration their Lordships Message and will in Convenient time return Answer by Messengers of their own Saturday November 28th 1640. Mr. Whistler Reports from the Grand Committee for Irish Affairs that there are many Petitions and full of matter of Complaints of the proceedings in Ireland and Suitors here for Justice There are many Petitioners here whose Estates are so exhausted that they are scarce able to bring Witnesses from Ireland hither many great Persons of
to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King Iames's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6 d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this setled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the setling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired if they making their Cloaths not above a foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a foot became a yard in length and that soil is fit to bear it and the people love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in six years towards the maintenance of His Army and a like payment of 20000 l. per annum was after agreed and continued for three years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Leiger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamourous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about fourteen years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount◠and Sir 〈◊〉 Hamilton to the two former in regard of 〈◊〉 〈◊〉 then against them in the Castle-Chamber to the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Fredrick might come over which was granted He conceives such restraint to be necessary and if that it be
Strafford of High Treason against our Soveraign Lord the King His Crown and Dignity And he the said Earl of Strafford was Lord Deputy of Ireland or Lord Lieutenant of Ireland and Lieutenant General of the Army there under His most Excellent Majesty and a sworn Privy-Counsellor to His Majesty for His Kingdoms both of England and Ireland and Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of His Majesties Army in the North parts of England during the time that the Crimes and Offences in the 27th and 28th Articles set forth were done and committed Tuesday May 11th 1641. Ordered That Mr. Solicitor give Order That the Arguments he made in Westminster-Hall touching the matters of Law in the Case of the Earl of Strafford be Printed and that Mr. Pym give the like Order That his Speeches at the beginning and ending of the Trial of the said Earl of Strafford be likewise Printed The Names of those Gentlemen that managed the Evidence in this Trial being through over-sight omitted to be inserted in their particular places for the first Nine Articles it is thought fit for more exact satisfaction to give an account of them in this place with particular References which may by the Reader be easily supplyed The Names of the Managers FOlio 115. Line 17. Mr. Pym. Ibid. Line 33. Mr. Pym. Ibid. Line 40. Mr. Pym. Fol. 116. Line 5. Mr. Pym. Ibid. Line 44. Mr. Pym. Fol. 117. Line 14. Mr. Maynard Ibid. Line 43. Mr. Maynard Fol. 120. Line 20. Mr. Pym. Fol. 124. Line 27. Mr. Pym. Fol. 127. Line 29. Mr. Pym. To the First Article Fol. 138. Line 29. Mr. Maynard Fol. 139. Line 3. M. Maynard Fol. 142. Line 17. M. Maynard Ibid. Line 24. Mr. Whitlock Fol. 143. Line 7. Mr. Glyn. Ibid. Line 15. Mr. Maynard Ibid. Line 25. Mr. Glyn. Fol. 144. Line 2. Mr. Maynard Fol. 145. Line 3. Mr. Maynard Fol. 147. Line 31. Mr. Maynard To the Second Article Fol. 149. Line 14. Mr. Maynard Fol. 153. Line 6. Mr. Glyn. Fol. 152. Line 14. Mr. Maynard Ibid. Line 16. Mr. Maynard Ibid. Line 18. Mr. Maynard Fol. 154. Line 4. Mr. Maynard Ibid. Line 32. Mr. Maynard Fol. 155. Line 7. Mr. Maynard To the Third Article Fol. 156. Line 8. Mr. Maynard Fol. 164. Line 9. Mr. Maynard Ibid. Line 22. Mr. Glyn. Ibid. Line 17. Mr. Maynard Ibid. Line 28. Mr. Maynard Fol. 165. Line 7. Sir Io. Clotworthy Ibid. Line 36. Mr. Maynard Fol. 167. Line 25. Mr. Pym. Fol. 157. Line 11. Mr. Maynard Fol. 168. Line 16. Mr. Pym. Fol. 158. Line 2. Lord Digby Ibid. Line 25. Mr. Pym. Ibid. Line 37. Mr. Maynard Ibid. Line 34. Mr. Maynard Fol. 163. Line 42. Mr. Maynard Fol. 171. Line 28. Mr. Maynard To the Fourth Article Fol. 173. Line 30. Mr. Glyn. Fol. 183. Line 10. Mr. Maynard Fol. 174. Line 8. Mr. Glyn. Fol. 184. Line 11. Mr. Glyn. Fol. 179. Line 44. Mr. Glyn. Fol. 185. Line 1. Mr. Maynard Fol. 180. Line 37. Mr. Maynard To the Fifth Article Fol. 185. Line 21. Mr. Glyn. Ibid. Line 35. Mr. Maynard Fol. 188. Line 17. Mr. Glyn. Fol. 202. Line 31. Mr. Maynard Fol. 198. Line 1. Mr. Glyn. Ibid. Line 36. Mr. Maynard Fol. 201. Line 19. Mr. Glyn. Fol. 204. Line 5. Mr. Glyn. Fol. 202. Line 7. Mr. Maynard To the Sixth Article Fol. 205. Line 6. Mr. Glyn. Fol. 216. Line 22. Mr. Maynard Fol. 206. Line 31. Mr. Glyn. Fol. 217. Line 21. Mr. Palmer Ibid. Line 37. Mr. Glyn. Fol. 218. Line 17. Mr. Glyn. Fol. 210. Line 38. Mr. Glyn. Ibid. Line 21. Mr. Glyn. Fol. 213. Line 23. Mr. Glyn. Fol. 219. Line 32. Mr. Stroud Ibid. Line 29. Mr. Glyn. To the Eighth Article Fol. 222. Line 8. Mr. Glyn. Fol. 228. Line 10. Mr. Glyn. Ibid. Line 34. Mr. Glyn. Ibid. Line 26. Mr. Glyn. Fol. 223. Line 22. Mr. Glyn. Fol. 229. Line 11. Mr. Glyn. Ibid. Line 42. Mr. Maynard Ibid. Line 33. Mr. Glyn. Fol. 226. Line 42. Mr. Glyn. Fol. 233. Line 25. Mr. Glyn. To the Ninth Article Fol. 236. Line 16. Mr. Glyn. Fol. 239. Line 14. Mr. Maynard Fol. 238. Line 22. Mr. Glyn. Fol. 240. Line 10. Mr. Glyn. THE TRYAL OF T. Earl of Strafford The First day Monday March 22. 1640. THe Lords being set in a place prepared in Westminster-hall purposely for the Arraignment of Thomas Earl of Strafford upon a charge of High Treason laid upon him by the Commons House of Parliament in the Name of themselves and of all the Commons of England And the House of Commons being there likewise seated as a Committee and those who were to manage the Evidence on behalf of the House of Commons being Members of that House standing at the Barr The Prisoner was called for And being brought by Sir William Balfour Lieutenant of the Tower after Obeisances given he came to the Barr and kneeled and after standing up The Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England spake to him as follows Your Lordship is called here this day before the Lords in Parliament to Answer to and to be Tryed upon the Impeachment presented to them by the Commons House of Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity And therefore think fit in the first place That your Lordship should hear the Impeachment of High Treason read The Impeachment was accordingly read by the Clerk of the Parliament A little after the entrance into it a Chair was brought to the Prisoner by the Gentleman Usher and the Prisoner sate down thereon by their Lordships direction After the Charge was read the Earl of Straffords Answer was likewise read And no more of proceedings that day Only the Lord Steward said further to the Prisoner That his Lordship had heard the whole Impeachment of the House of Commons read And his own Answer on which he hath put himself for Trial. That which is now to follow their Lordships have commanded him to say is the managing of the Evidence by those the House of Commons shall please to appoint for the proving of this Charge But likewise they have Commanded him to say That the time being so far spent it may not be so proper now to proceed further in the business That this shall be sate upon only once a day which will be fittest both for their Lordships and for the House of Commons And that they conceive it will agree with the sense of the House of Commons not to fall into the particular management of the Evidence so late but to defer it till the morrow at the hour of nine of the Clock My Lord of Strafford did then desire to know whether he might with their Lordships good leave and favour say any thing at that
was delivered him at his coming over by the Clerk of the Lords House in Ireland to be brought over hither by Order of the Lords there And the Lord Baltinglasse Deposed That he knew it to be the Clerks hand and they were both present at the Voting of it The same was read bearing date February 22. 1640. The Protestation and Declaration of the Lords Spiritual and Temporal in Parliament Assembled We desire to apply it to disprove part of the Preamble of my Lord of Straffords Answer I desire my Lord Digby may be asked whether he gave his Vote to this Protestation We produce it not as the Act of any particular man but of the Lords Your Lordships may observe that this is fallen out since my Impeachment of High Treason here And that it is followed by Faction and Correspondence as in time might be made appear if I could undertake it and a strong Conspiracy against me My Lords These words are not to be suffered Charging the House of Commons with Faction Correspondency and Conspiracy We desire Your Lordships Justice in this God forbid I should think there was or could be any thing in that House or any Member of it but that which agrees with Truth and Justice and Equity I must profess to Your Lordships I had no Reflection or Intention either upon the Lords House there or upon the Honourable House of Commons here but upon certain Persons that are not Members of the House here that have Correspondency with them in Ireland that are not Members of the House there We must consult with the House of Commons concerning the prosecution of this Exception to his words and in the mean time we will reserve it to our selves and so we shall proceed We desire the Remonstrance made by the House of Commons in Ireland being deposed unto by Patrick Gough That about February 25. it was delivered him sealed up in a box with other things before his face being called on by the House to be brought to the Committee for Irish affairs in England may be read Which Remonstrance was read accordingly Your Lordships may observe That my Lord of Straffords glorious Declaration of his own Merits was confuted by the whole Parliament and that the whole sum of the Charge is confirmed by the Testimony of all Ireland To the point of Revenue of Ireland for the contradicting of my Lord of Straffords Affirmation That Ireland supporteth its own Charge Sir Edward Warder produced and Sworn was interrogated when the last money was sent out of this Kingdom for support of His Majesties Affairs of Ireland He answered The last money sent over for payment of the Army there was in the Term of Easter 1621. and it was 10000 l. in full of 20000 l. for one whole years charge beginning the first of April 1619. and ending the last of March following which was 17 Iac. Being interrogated whether since that time the State here hath been actually charged with the Affairs of Ireland He answered Nothing hath been issued out of the Receipt of His Majesties Exchequer for the Maintenance of Ireland since this time only such moneys as have been lately issued for the Army and what hath been issued to the Treasurer of the Navy and the Officers of it for the maintaining of Ships on the Coast but otherwise no money hath been issued as a constant setled thing out of the Receipt of His Majesties Exchequer for any thing arising since the last of March 1620. I desire he may be asked what was since issued for the Navy We admit that the Charge of the Navy continued divers years after yet a few years before my Lord of Straffords Government it was taken off too The Manager did so open it and Sir Edward Warder did in effect set it forth so Therefore that question was waved Sir Robert Pye produced and Sworn to that point of Revenue and being interrogated to the same purpose Answered No money hath issued out of the Receipt but as Sir Edward Warder delivered it and I know of no other money but only for the Maritime parts something hath been paid to the Treasurer of the Navy And besides the 50000 l. of late I know not any The Lord Mountnorris was called upon and being asked whether the Charge of 7000 l. a year for the Navy of Ireland was not taken off a year before my Lord of Straffords Government He answered I cannot say the sum was 7000 l. But two of the Whelps employed there before my Lord of Strafford came to the Government were defrayed whether wholly or in part I cannot tell but they had good large sums of money and were paid in the Kingdom I desire my Lord Mountnorris may be asked whether when I came to the Government the constant Charge did not exceed the constant Revenue and how much It is true the Irish gave sixscore Thousand pounds towards the Charge so that the Supply came out of Ireland though not out of the constant Revenue of Ireland but it came not out of this Kingdom He further answered the Constant Revenue did not do it There was a Contribution by Loan from the Country to supply it but before my Lord of Faulkland went over I heard my Lord of Middlesex tell him They must look for no more money England had nourished Ireland long enough she must now live upon her own Milk The reason why money did not go out was because 120000 l. was supplyed by a Contribution notwithstanding which when he came to serve the King in that Kingdom the Crown was indebted very near 100000 l. Sterling He hath received 300000 l. for Subsidies It will Appear on Accompts to be bestowed faithfully and justly every penny for the King To the point of my Lord of Straffords taking of 24000 l. of the Kings money and disposing it for a year and a half notwithstanding His Majesties Wants and the Necessities of the Army Sir Adam Loftus Vice-Treasurer produced and Sworn was interrogated whether my Lord of Strafford had not 24000 l. out of the Kings Revenue and how long time and when was it paid in He answered My Lord of Strafford and Sir George Ratcliffe had never a penny out of the Exchequer but on such Warrants as I durst not deny them for their due Entertainment and other things importing His Majesties Service But I must confess that they being Partners in the Customs some moneys were to be paid for the profits of the Customs which were in arrear and Sir George Ratcliffe moved me to give discharges for it and he would give me my Lord Lieutenants Bond and his own for paying of it upon demand which I accepted of and accordingly did give those discharges Whence observe discharges are money for so much money should have been paid in and if it be intercepted the King wants His money Being
the Nation of them not this or that man are Rebels and Traytors And if it please the King to bring him back to the Sword indeed he is fit for that it is a violent weapon he will root out the Scottish Nation Branch and Root some few excepted of those that had taken the Oath When he comes into England he find that His Majesty with great Wisdom had pacified those Storms and Troubles that threatned us there Yet he doth incense the King still to follow this to an Offensive War and prevails He plots to call a Parliament but with an intention if it furnished not his design it should be broken and he would set up other ways of force to raise Moneys of the Kingdom and this fell out unhappily For thus far his project took the Parliament was broken and broken at the very time when the subject was in debate and consideration how to have yielded Supply to His Majesty But that he might break it he falsly informs the King That the Parliament had denied to Supply him there is his Counsel that the Parliament had forsaken the King and now the King having tryed his People might use all other ways for the procuring and raising of moneys and the same day wherein that Parliament was unhappily Dissolved he gives his further Counsel to His Majesty which because no man can put such a Spirit of Malice into the words besides himself I shall take the boldness to read That having tryed the Affections of his People he was loose and absolved from all Rules of Government and he was to do every thing that Power would admit And that His Majesty had tryed all ways and was refused and should be acquitted both of God and man And that His Majesty had an Army in Ireland which he might employ to reduce this Kingdom It is added in the printed Book to reduce them to Obedience I know not who Printed it but the Charge is only to reduce this Kingdom And My Lords you may please to consider what a sad time this man took to reflect upon these bad Councels when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament And what doth he advise the King what positions offers he That he was absolved from all Rules of Government If there be no Rule of Government My Lords where is the Rule of Obedience for how shall the People know to obey when there is no Rule to direct them what to obey He tells the King he was refused which was untrue for he was not refused to the last breath we had in Parliament but we spake in that point how to supply the King and to prefer it at that time before the Complaints of our just Grievances But what doth he fall into that which in another Article we charge him with a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion to root out our Laws and Government a pernicious Counsel He says not you shall do it but he that perswades it doth as much as if in express terms he had councelled the acting of it Doth he mean that we should be to his Irish Pattern for speaking of the Irish Army consisting of Papists and his Adherents he said that he would make it a Pattern for all the Kingdoms did he mean to reduce us to the Pattern that he had placed in Ireland Surely he meant to reduce us to a Chaos and Confusion He would have us without all Rules of Government and these be the means wicked and cruel Councels and the Cruelty of an Army inspired with his Spirit and consisting of Papists Enemies of our Religion And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands That cannot but strike all English Hearts with Horrour and Dread that an Irish Army should be brought into England to reduce the Subjects of England I hope we never were so far gone in any thing as that we should need an Army to reduce us I cannot but say here is the Counsel of Haman when he would in one day cut off all the Iewish Nation and have the King intend a Favour to him The King propounds a question What shall be done to the man whom the King will Honour Haman thought in his heart Whom will the King Honour but my self And so my Lord of Strafford having raised this Army it was set up by him and if such a Counsel as this was entertained into whose hands should it be put here were Hamans thoughts who should have the Power of it but he that hath inspired it and since maintained it Truly My Lords it was a desperate Counsel and methinks the Counsel of Achitophel might have been compared to it for when he had stirred up the Rebellion of Absalom against his Father he perswades Absalom to that which might breed an irreconcilable hatred between them Yet a Father and a Son might be reconciled But he that adheres to the Son in this case might not so easily forgive Therefore this Lord falls upon a Counsel which he thought would never be forgiven A Counsel of irreconcilable difference to subdue us by Force and Power and takes away all possibility of Addressing our Complaints to the King as he had done from those of Ireland when he not only forestalls their Complaints but by a Proclamation takes order that none should come over too without his Licence which was in effect that none should complain of his Oppression without his good liking Some violent Speeches he uses suitable to these Counsels That no good would be done upon the Aldermen till they were hanged That the French King employed Commissaries to look into mens Estates which will be insisted upon in their proper place Next he levied eight pence a day for maintenance of the Trained Soldiers against the Will of the Country which he said was done by the consent of the Lords of the great Councel which we know is untrue And we shall prove it untrue in the other part where he says it was done freely by consent of the Gentlemen of the Country Most of them that did consent were his own Friends and Papists But the Petition of the Country as to that part of it that concerns a Parliament he rejected because he would have no Parliament And he prefers another in the name of the Country and that he calls The Petition of the Country And now I shall apply my self to the proofs and shall take care to offer nothing but what will fall out to be proved And shall first apply my self to the first Article concerning the Commission for the North parts where an Arbitrary Power was thereby granted as is used in the Star-Chamber and Chancery In the opening of it first we shall produce the Commission of 8 Car. and that of 13 differs but little from it We shall shew that these Clauses were procured by him to be inserted upon occasion
he heard my Lord of Strafford speak touching Ireland being a Conquered Nation and that the Charters of it were of no value further then it pleased the King to make them His Lordship answered And first desired leave to speak a word hoping he should do no wrong to any man That when he had obtained my Lords Licence under the Great Seal to come over hither he came with as great a Resolution never to complain of any sufferings he had or to Petition against him as any man did and left all his Papers and Writings behind him that he might have nothing to move him against my Lord of Strafford but to do him all the service he could To the question his Lordship said That all he can say is this that he was present that day the Mayor of Dublin was presented to my Lord Deputy that then was and the Recorder set forth the Great Charters they had from the several Kings of England and fell on that matter of placing Soldiers in Dublin without their consent That my Lords Answer was You must understand Mr. Recorder Ireland is a conquered Nation and the King may give them what Laws he pleases And then going forward with the Charters he said They be old Antiquated Charters and no further good than the King is pleased to make them To that sense he said he is sure We desire to observe to Your Lordships That this time was not the only time he spoke the very words in effect to the whole Kingdom afterwards in Parliament The Lord Gorminstone produced and Sworn Being asked whether he heard my Lord of Strafford speak words to the effect as aforesaid That Ireland was a conquered Nation c. His Lordship Answered That he remembers that in the 10th year of the Kings Reign 1634 on occasion of a Petition presented to my Lord Lieutenant in behalf of the Country as far as his remembrance leads him from the House of Commons desiring the benefit of some Graces His Majesty had been pleased to confer on them and he in the open Parliament sitting under the Cloth of State in presence of both Houses told them Ireland was a conquered Nation and they must expect Laws as from a Conquerour And the Instructions granted from His Majesty for setling the Government of that Kingdom were procured from a company of narrow-hearted Commissioners Being asked on my Lord of Strafford's motion when these words were spoken whether the first day of the Parliament or at any other time His Lordship answered That to his best remembrance it was not the first day of the Parliament My Lord of Strafford saying it was at the opening of the Parliament and the second day my Lord Gorminstone being further asked about the time His Lordship answered He knew not whether it were the second day or another day but the particular words he took notice of and it was in presence of both Houses of Parliament the Speaker standing at the Barr. The Lord Killmallock produced and Sworn and interrogated touching the same words His Lordship answered That he was a Member of the Commons House the 10th and 11th of the King and the House of Commons Petitioned the then Lord Deputy the Earl of Strafford for the gaining of the Act of Limitations for the confirming of their Estates amongst other Graces granted to the Agents for that Kingdom in the fourth year of the King These Graces he answered to in writing and on the second or third day after came into the House of Lords and there sent for the Commons and in his Speech amongst other things I well remember and to my grief and to the grief of that Kingdom he uttered these words That that Kingdom was a conquered Nation the words as he remembred and therefore they must expect Laws as from a Conquerour adding further that the Book of Instructions established in King Iames his Reign for the orderly Government of the Courts of Justice in that Kingdom were Instructions contrived and procured by a Company of narrow-hearted Commissioners who knew not what belonged to Government Sir Pierce Crosby being asked touching the same words Answered That he very well remembred the words as they had been spoken by the Noblemen that had been examined before him My Lord of Strafford then Lord Deputy of Ireland in the hearing of both Houses said That Ireland was a conquered Nation and that the Conquerour should give the Law He added further that the Book of Instructions for the Government of that Kingdom was drawn up or procured by the means of some narrow-hearted Commissioners meaning those Commissioners that were employed by Commission from the King out of the House of Commons being a select Committee whereof there was one that is now a Noble Member of this House that sits on the Earls Bench And that he hath heard many of both Houses repeat the same words as spoken by him And so the Commons concluded the Article expecting my Lord of Straffords Answer After a quarter of an hours respit my Lord of Strafford began his Defence as followeth First I desire to open two points set forth in my Answer which under favour I must stand to as that by which I must stand or fall First That the Kingdom of Ireland as I conceive is governed by Customs and Statutes and Execution of Martial Law and Proceedings at Council-Board in a different manner from the Laws of England Secondly That touching the Charters I said these Charters were void and nothing worth and did not bind the King further than he pleased both which I hope to make good The other business that comes in De novo is no part of my Charge and therefore I hope will not be laid to my Charge I observe in the beginning of this part of the Charge that concerns Ireland That the Governours for the Crown of England that have been it Ireland in all Ages almost have had these misfortunes That the Native Subjects of that Country have not been propitious towards them I instance in the case of Sir Io. Perott who on Testimonies here was Attainted of Treason in a Legal ordinary way of proceeding whereupon he lost his Estate though not his Life and afterwards it was confest there was little truth in all that Accusation Next my Lord of Faulkland against whom many of the Witnesses that I think will come against me informed as Sir Pierce Crosby for one my Lord Mountnorris for another and divers others who had so prejudicated me when I went into Ireland in their Opinion by the generality of their Charge that I was a little distrustful whether it was not so And thus much I have spoken once before His Majesty at the Council-Board on another occasion and now speak it to Your Lordships to the Honour of that Person that is now with God my Lord of Faulkland notwithstanding all the heavy cries that were against him and the wrongs and injuries laid to his Charge I
other intent and needed no alteration The Bishop of Raffo would have had more added saying The Oath was so mean he would not come from his house to take it and so my Lord Deputy told him the Oath had been well consider'd of and needs no alteration That he the Bishop then desired a Copy of it to carry to the Gentlemen that were not present and were waiting for them at my Lord Mountgomeries lodging His Lordship was pleased to deny that but would send the Clerk of the Council who should bring the Oath and Read it and bring it back again and he did so After this the next day or that afternoon they were appointed to come to the Council-Board and have the Oath Administred That here they came and my Lord himself was pleased to Administer the Oath to every one of us two by two or three by three And this was the manner of Administring it Being Interrogated Whether they knew the occasion of their being sent for He Answered They knew not for what cause nor heard any thing of it Being Asked If he knew what Scotchmen were those that left the Kingdom because they would not take this Oath He Answered That soon after they were dismissed in May Commissions came into the Countrey to certain Commissioners for Administring the Oath to all of that Nation above the Age of Sixteen and he believes whether by the main Commission or private Instructions he cannot tell That it was ordered it should be Administred both to Men and Women above that Age And they were all called at certain dayes by the Commissioners some were scrupulous and thought in their Consciences they could not take it others that were satisfied in their Consciences did take it and those that did not take it the Commissioners were required to certifie their Names and Places of Residence to my Lord Deputy and Council that they might be proceeded against as Contemners of His Majesties Royal Authority according to the Proclamation and Commission After the Proclamation had called them some did appear and they that did not their names were certified and afterward Pursivants issued to apprehend them that did not appear or them who on appearing did refuse He knows of many that fled away into Scotland and very many that fled up and down in the Country and many were apprehended by the Pursivants and carried up and some he thinks were Censured Being Asked Whether they left their Corn on the Ground and Goods in their Houses He Answered That they did Being Asked Whether any Papists of the Scotish Nation were sent for by Letter or had the Oath tendered He Answered None of them that he could hear and the Oath was not Administred to any of them neither were they called Being Asked If there were not diverse Scotish Papists there He Answered Yes diverse Gentlemen of good Quality and he named some of them viz. Sir William Hamilton c. Being Asked on the Earl of Clares motion Whether the Refusers fled into any part of Scotland He Answered In Truth not to his knowledge but they fled out of the Kingdom of Ireland The Oath was next Read viz. IN. do faithfully Swear Profess and Promise that I will Honor and Obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against Him or Protest against any His Royal Commands but submit my self in all due obedience hereunto and that I will not enter into any Covenant Oath or Bond of Mutual Defence or Assistance against all sorts of persons whatsoever or into any Oath Covenant or Mutual Defence or Assistance against any person whatsoever by Force without His Majesties Soveraign and Regal Authority And I do renounce all Covenants contrary to what I have Sworn and Promised So help me God in Christ Jesus Whence Mr. Maynard observed from these words That they shall not Protest against any of His Majesties Royal Commands That he believed all men were satisfied that His Majesty never did nor will Command any thing unlawful but what a subordinate Minister may command in His Majesties Name and publish as His Command in Ireland their Lordships have heard enough of and that may make them tender to take the Oath besides the Oath being new it is conceived to be against Law Mr. Maxwell being Sworn and Interrogated In what manner were Gentlemen sent for to Dublin about this matter And what he knew in particular about it He Answered That he was one that received a Letter from my Lord Lieutenant upon that account and that he as well as the rest were required to be all at Dublin at a certain day and being there and my Lord Mountgomery being a little sick and not able to go abroad desired their excuse for a day or two My Lord Deputy was pleased to give Command that all that were writen for might be at my Lord Mountgomeries lodging And at the time appointed my Lord Lieutenant came and at his coming he called them together and showed the Dissenters in Scotland and desired that they would show themselves Faithful and Loyal Subjects to their Master and that it behoved them as their own desire to Petition for it whereupon my Lord Bishop of Down Râ—o and some others of the Clergy being there did second my Lords Speech and told them That as they Rebelliously proceeded in Scotland in that the Scots had taken in hand against the King so they would do well by Petition and by Oath to his Lordship and the Council to shew their willingness towards their Masters Service So my Lord Lieutenant was pleased to take hold of my Lord Downs Speech and my Lord Down desired he might be the drawer of the Petition But my Lord perceiving him a little too vehement told him Smilingly That he would recommend that to the Bishop of Raffo So the Bishop of Raffo was appointed for the drawing up of that Petition The next day they desired to peruse the Petition before it went to my Lord and after they had perus'd it they went in to my Lord Lieutenant with it after he had seen the Petition he mended something in it and among the rest he remembers the Bishop of Raffo told him That my Lord had put in That these that were here should be of no worse condition then the rest of His Majesties Subjects The next day the Petition was Ingrossed and Signed by them and presented to my Lord Lieutenant afterwards there were two Noblemen two Bishops two Gentlemen appointed to go to my Lord concerning the Oath and they desired a Copy of the Oath My Lord Lieutenant sent Sir Paul Davies out to my Lord Mountgomery and it was Read to them all and they were commanded to attend at the Council-Table and my Lord gave them the Oath Sir Hen. Spottewood was offered a further Witness but their Lordships
in due obedience they are bound and obliged to be So it was not Caeca obedientia Sir Iames sayes That he the Earl of Strafford did administer the Oath This one single Testimony but to tell their Lordships plainly the truth he confesses he did give that Oath being not only obliged by the Council but they directing him and that the Petition was not got forcibly from them it appears evidently for there is nothing against it Sir Iohn Clotworthy sayes That on this Oath administred great multitudes went away but he names not one of that multitude and if they did go who could help it If they would go away rather than give such a pledge of their Allegiance he should have been loth to have restrained them to make them stay against their Wills For the Instructions that went with the Commissions Sir Iohn Clotworthy very truly says they were under the hands of himself and all the Council but what these Instructions were he cannot expresly say and that under favour he conceives is no witness and so is no Charge on him But to express his rancor against the Scotish Nation next come the words proved by Richard Salmon the Schoolmaster and he swears positively and directly that he my Lord of Strafford spake these words the 10 th of October 1639. The plain truth is that he the Earl of Strafford was come into England in September before and if that man shall notwithstanding undertake positively to swear that individual day he is less to be credited The said time of his coming into England was confirmed by two Witnesses Mr. Thomas Little being upon my Lord of Straffords motion asked about the time of my Lord of Straffords coming from Ireland He Answered That my Lord Lieutenant came from Ireland Thursday 12 Sept. 1639. and landed the next day and came to London 21 Sept 1639. Mr. Ralton being examined to the same point Answered He very well remembred my Lord came to London 21 Sept. 1639. For the words themselves That the Scotch Nation are Rebels and Traitors and that he will root them out Root and Branch the Witness is a single Testimony their Lordships see how true he is in the first part of it and he is equally true in the second The other Testimony is one Iohn Loftus and he sayes my Lord of Strafford wanted terms to express the heinousness of that offence and he hoped to have such of the Scotch Nation as would not submit to the Ecclesiastical Government rooted out Stock and Branch from that Kingdom And this said my Lord is quite another thing and no way agreeing with the former but nearer the truth and far from rooting out the Scotch Nation for there are but few that submit not to the English Church-Government So there is left only one single Testimony of the Schoolmaster that hath not learned his Lesson perfectly but is taken tardy as if he were a Scholar and the other makes it quite another business And as they have offered these things and have not proved them by more than one single testimony and he a very infirm one He my Lord of Strafford besought their Lordships that he might call for a Witness or two that were there and heard all that passed Sir Philip Manwaring my Lord said was a Judge of the Court and nearer him than the Witness and likely to hear more distinctly Sir Philip being asked what the words were and of what nature they were whether they were not restrained to the Faction of the Covenanters and them that would not take the Oath in Ireland and not the Nation it self He Answered That he was present that day and sate within the Court and within hearing so that he heard every word that fell from my Lord Deputy it is true his Speech there was very long but he shall repeat no more of it than that he conceives pertinent to the present occasion that is Whether he should say these words Against the whole Nation or speak only to the Faction and properly and pertinently shun the word Nation It was on the occasion of Mr. Stuart who stood at the Bar with his Wife and Daughters and Gray My Lord telling him he was sorry that bearing the name he did he should be the only man that carried himself with that disobedience and my Lord expatiated very much and in conclusion said That Scotish Nation with respect I speak of it for I know there be among them gallant and worthy persons and I have great experience of them and of the Loyalty and Faith they bear to their Sovereign but there is a Faction amongst them which I shall endeavour as near as I can to bring to that obedience at least to keep them that are within this Kingdom to that Obedience Loyalty and Duty that Subjects ought to bear Being asked Whether my Lord did not express himself at that time that he would not take on him to judge any thing of the Action in Scotland not knowing the Law of that Kingdom but such of that Nation as are here in Ireland if they will not submit to the Government of Ireland he will do the best he can they shall not stay here He Answered That it is very true my Lord Deputy did at that time speak to that purpose as near as he can remember in truth viz. That he did not know the Laws nor Customs of that Kingdom therefore would say nothing to them but for so much as concern'd the Kingdom of Ireland and the keeping of the King's Subjects in Loyalty and Obedience there he would do his best to preserve that Being asked on Mr. Glyn's motion whether he heard these words Root and Branch or Stock and Branch He Answered In truth he did not Robert Lord Dillon being asked to the words spoken by my Lord of Strafford in the Castle-Chamber at the Sentence and how he expressed him-himself concerning the Nation of Scotland He Answered That he confesses it hath been his custom and it may be it is an ill one never to mind words spoken in the place unless he supposes he shall be called to account for them he remembers my Lord spake of the refusing of the Oath and of some rigor to them that should refuse it but for particular words he members not Sir Adam Loftus being asked what he heard of these words He Answered That he was at the Censure but truly he cannot burden his memory with any the words that tend to this question It was a great while agoe and he little thought they should come to any recapitulation of them and in truth he doth not remember them Being asked whether Stuarts Sentence was not given by the unanimous Vote of the whole Council He Answered Indeed he believes it was Sir Philip Manwaring being asked what he heard the Master of the Rolls say that day He Answered That coming from the Castle-Chamber waiting on my Lord Deputy to the Castle where many Dined and all that
had been Judges and Mr. Wainsford the Master of the Rolls took occasion to speak to my Lord Deputy in his the said Sir Philips hearing and commended him for carrying himself with that caution that he had no way reflected on the Nation but the Faction in that Kingdom and had shunned the words which might reflect on the Nation And so his Lordship concluded his Defence and said he hoped that there was nothing proved that should touch him so deeply as Treason for if the obeying of the Commands of this Case be so great a crime he must confess if it were to do again being not better informed by wiser men tho hereafter he may be better informed and prevent it he should be that Trairor over again and do the self-same thing again and therefore if he had done it out of ignorance he hopes their Lordships will not look on him as having any evil intention or wicked purpose but to serve His Majesty with faithfulness which he hopes will procure an easier judgement from their Lordships than to think of a High Treason in this Article And then Mr. Whitlock made Reply thereunto in substance as followeth That in his Answer to my Lord of Strafford's Defence he shall begin with that which his Lordship was pleased to mention last and also at the beginning That this should not be accounted Treason he knows not the Illegality of it and if it were to be done again he would do it on that Command Whence Mr. Whitlock observed that his slighting or rather justifying of this offence when he is told in this great Presence that it is against Law and will be made good and appear to be against Law is a great aggravation of the offence It is well known that a new Oath cannot be Imposed without Assent in Parliament It is legistativa potestas The Oath of Allegiance is as antient as our allegiance and nothing needed to have been added to that and had it been tendered to them as it might have been by Law this would have performed the Kings Command which under favour went no farther and would have been sufficient security of what was doubted and feared But my Lord of Strafford will go farther the Oath that the Law enjoyns doth not please him he must have a new one framed by himself and published by his Authority thereby to make his Authority equal to an Act of Parliament 'T is indeed believed there were some apprehensions of dangers in Ireland by the great number of the Scots there and a Covenant in Scotland then Sworn but that Covenant is not to be medled withal now The Charge enforced against my Lord of Strafford is not his Care of preventing danger to the Kingdom but that he caused a new and unusual Oath to be Imposed and particularly that they should submit to all the Kings Royal Commands The Committee confess and think no man had ever yet a heart to doubt That the King would command any thing that should be against Law But it hath been sufficiently proved that my Lord of Strafford a Subordinate Minister under the King hath published his own Commands in the Kings Name which are not Justificable nor according to Law And that under favour might be a good cause for the Scots to be tender of taking his Oath knowing that these Commands here were not His Majesties Immediate Commands but the Commands of my Lord of Strafford which they saw many times so unlawful and exorbitant My Lord of Strafford hath produced diverse Witnesses to prove It was Debated on at Council-Board And that the Scots did chearfully take the Oath but in this he hath laboured to disprove his own Answer which is That the Scots came up and desired to have an Oath whereas it appears the Council-Table thought fit to send for them by Letters under his Lordships hand and it was propounded to them to take such an Oath He sayes himself put these words into the Petition In equal manner and measure with other His Majesties Subjects Which showes That my Lord of Strafford himself had the Perusal and Correction of this Petition which is a good Proof that he contrived the Oath The Petition doth only beseech my Lord Deputy That an Oath might be framed to vindicate themselves from the Faction of their Countrymen and the Covenant which they might have done by the Legal Oath the Oath of Allegiance But he put something in above what they desired and that was for submission to all the Kings Royal Commands which may extend to Liberty to Property of Goods and so is a great deal further than His Majesty was pleased to Command by His Letter wherein there was nothing but what was very fit to be commanded by my Lord of Strafford and very fit for him to obey And What if my Lord of Strafford should procure a Letter from His Majesty to do that which is not warrantable by Law the Kings considerations are far above the particular Points of the Municipal Law of this Kingdom He cannot know them but is to be enformed of them by His Ministers Now if my Lord of Strafford shall misinforme Him and desire to have that by His Authority which is not warrantable by Law the fault is my Lord of Straffords and it much aggravates the Crime but the Kings Letter doth not warrant my Lord of Strafford for he hath proceeded further He sayes concerning the Censure of Mr. Stuart That he delivered his Opinion among the rest but their Lordships may remember he went as high as to charge him with Treason It is true the Bishop of Derry conceived it might be Treason And the Primate said The Denial of the former part might be Treason but not the latter but my Lord of Strafford conceived the latter part to be Treason too And therefore surely his Opinion had more harshness and severity then the rest and being his Opinion it was of sufficient weight to carry along with him all the rest and that which was his own Act at the beginning which he Contrived and Treated with the Scotch Lords and Gentlemen That he persues in his Sentence and if others joyn with him in a hard Sentence against Law his fault is not the less but rather the greater to draw others into the same fault His Lordship says little of the Fine that is paid It is true it cannot be proved how much was paid but those that were Fined continued in Prison till very lately for that Fine And whereas he sayes Any taking the Oath might have been Released the next day It is the more Cruelly done to keep them in Prison till they take an Oath who cannot satisfie their Consciences that they may take it My Lord sayes If one refuse the Oath of Allegiance in this Kingdom he shall incur a Premunire and this Sentence was more moderate Indeed if that had been tendered they had incurred the like sentence and that might serve the turn but my Lord must stretch his
Lex And further not to bind himself to words but to the sense at the same time the Earl of Strafford used these words or words to this effect That the King was not to suffer himself to be mastered by the frowardness and undutifulness of his People or rather as he conceives by the disaffection and stubborness of some particular men And this he said from his former Notes which he thought fit rather to use than to trust his Memory Being Asked Whether by particular Men he meant not particular members of the Parliament His Lordship Answered By his Troth he conceives so for he was speaking of the Parliament Edward Lord Newburgh being Sworn and Interrogated Whether he did not hear my Lord of Strafford speak these words to His Majesty That the Parliament in denying the King had given him advantage to supply himself by other wayes His Lordship Answered That those very words he never heard nor words to that effect But he hath Answered in his Deposition what he hath heard and he shall desire to speak a little before he Repeats it And this it is When he was Examined he did then speak that which occurred to his memory but since the agitation of this business something else hath come into his thoughts And if he shall speak that which his Conscience now tells him he shall desire my Lords that then Examined him and the Gentlemen not to misinterpret him if he shall add something to what he formerly delivered He cannot say whether when he heard these words the King was by or no for he doth not remember it But he very well remembers that after the breach of the last Parliament he heard at the Gallery or Council-Table but he rather believes now at Council-Table some words to this effect That seeing the Parliament had not supplied the King His Majesty might take other Courses for Defence of the Kingdom But though he cannot possibly Swear my Lord Lieutenant spake these words yet he verily believes he heard him speak something to this purpose And this is all he can testifie Henry Earl of Holland Sworn and Interrogated Whether he did not hear my Lord of Strafford say to His Majesty That the Parliament in denying the King had given Him advantage to supply Himself by other wayes or words to that effect His Lordship Answered That he needs not trouble their Lordships with Circumstances or long Discourses but these words to the best of his remembrance according to his Oath he conceives were said to the King upon the Dissolving of the Parliament at the Council-Table That the Parliament in denying to supply the King had given Him advantage to supply Himself by other wayes But he will not tye himself so particularly to the words but as at the time when he was Examined before the Gentlemen of the Committee he added or words to this effect Being Asked By whom they were spoken His Lordship Answered By my Lord of Strafford Mr. Whitlock then proceeded to the latter words of the 23 d Article which shew in full and plain termes what my Lord of Straffords design was and what he would have laboured and endeavoured His Majesty to entertain The words of the Charge were Read And to prove them the Examination of Algernon Earl of Northumberland was first Read taken the 5 th Decemb. 1640. To the 7 th Interrogatory he saith That the Earl of Strafford said That in case of necessity and for the Defence and Safety of the Kingdom if the People do refuse to supply the King the King is Absolved from Rules of Government and that every thing is to be done for the preservation of the King and His People and that His Majesty was acquitted before God and Man And he saith that the said words were spoken at the Committee for Scotch Affairs in the presence of His Majesty and for the time of speaking these words he doth not perfectly remember He saith That these were the Discourses mentioned in his Answer to the third Interrogatory which made him believe what he hath answered to the said third Interrogatory Their Lordships calling to have the third Interrogatory Read It was Read To the Third and Fourth he saith That the Forces which were to come out of Ireland were to Land in the West part of Scotland but he doth not know nor hath heard to his Remembrance that these Forces or any other were to be imployed in this Kingdom to Compel or Awe the Subjects of this Realm to yield to such Taxes and Charges as should be Imposed on them by His Majesty He saith That he hath heard my Lord Lieutenant make some Discourses to the King whereby he believes that in case the King were not supplied by Parliament that some Course was intended to raise Moneys by Extraordinary wayes He saith That the said Lord Lieutenant did declare in His Majesties presence That the Design was to Land the Irish Army in the West parts of Scotland Sir Henry Vane being Interrogated What words he heard my Lord of Strafford speak to the King before the Parliament or after the Dissolution of it tending to this That the King had tried the Affections of His People and was Loose and Absolved from all Rules of Government and on what occasion He Answered That to the General Question of what was spoken before or after the sitting of the Parliament he doth not remember and there are no particular words asked him But to these words which have been read he shall as near as he can ingenuously deliver what he did formerly depose ever reserving to himself words to the same effect That he considers very well where he is and the presence before whom he speaks That he hath never in the whole course of his life loved to tell an untruth much less in this Honourable Assembly That he shall as near as he can in this Case tell their Lordships plainly and truely the matter It is true as my Lord Admiral hath declared to their Lordships that these words he is to testifie were spoken at the Committee of Eight for the Scotch Affairs For the time he shall crave pardon if he cannot particularly speak to it But thus far he shall say It was clearly after the Dissolution of the last Parliament It is true and if he do not very much mistake it was when the debate whether a Defensive or an Offensive War was Controverted And to the best that he can remember and clearly as he conceives there were words spoken either these he shall now relate or to the same effect by my Lord of Strafford who is now at the Bar. The occasion being Whether an Offensive or Defensive War and Arguments were Controverted in it My Lord of Strafford did say in a Discourse for he must be ingenuous he must say all he hath deposed or is required Your Majesty having tryed all wayes and being Refused and in Case of this extream necessity and for the safety of the Kingdom
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
the secret reservations men ought to speak things withal for we ought to think just things and that men will do nothing but fairly and these are conditions implyed when we speak of the Sacred Majesty of Kings let that be implyed it could not be High Treason to tell the King That having tryed the affections of his people he was loose and absolved from all rules of Government that is all ordinary rules and was to do every thing that Power would admit that is that Power would lawfully admit and that His Majesty had tryed all just and Honourable ways and was refused and should be acquitted both of God and men The last words That the King had an Army in Ireland which he might imploy to reduce this Kingdom he denies and if the other words be fairly interpreted with the reservations granted a man in that case being spoken of so great a person as the King nothing in them can turn so much to the prejudice of the Speaker But he desires leave to offer the Antecedents and Consequents of all that he said in Council whereupon this is gathered and then they find the Case otherwise stated than as it is strained in the Charges God forbid any man should be judged for words taken by pieces here a word and there a word where the Antecedent and Consequents are left out for then Treason may be fetcht out of every word a man speaks as for example If one asks him whether he will go to such a place he tells him by way of Answer He will kill the King as soon the other swears he said he would kill the King it is very true indeed but if the other words be added it will then imply That he will be sure not to kill the King and therefore he will be sure not to goe to the place And if the words be taken together he puts the Case thus In case of absolute necessity and upon a foreign Invasion of an enemy when the enemy is either actually entred or ready to enter and when all other ordinary means fail in this case there is a Trust left by Almighty God in the King to employ the best and uttermost of his means for the preserving of himself and his people which under favour he cannot take away from himself And as this did precede these words so there were divers restrictions added to them for he says this must be done only and upon no other pretence whatsoever but for the preservation of the Common-wealth that it must be done Candidè Castè That if it were done on any other pretence whatsoever than clearly and fairly for preserving the Common-wealth that would prove it to be oppressive and injurious which otherwise rightly employed would become a Pious and Christian King and that when the present danger of the Common-wealth was by the Wisdom and Courage and Power of the King prevented and the publique Weal secured In a time proper and fit the King was obliged to vindicate the Property and Liberty of the Subject from any ill prejudice that might fall from such a Precedent and until the Prerogative of the Crown and Liberty of the Subject are so bounded that they may be rightly understood by King and People which cannot be without a Parliament His Majesty and they can never look to be happy Now if he shall make this appear to be true as he hopes he shall then he conceives he states their Lordships a quite different question from that brought against him in the Charge and brings an opinion so concluded and shut up with restrictions and with necessity and with unavoidable danger that were otherwise to fall on the Common-wealth as he trusts cannot bring any manner of ill consequence whatsoever publiquely or privately to any Creature For this purpose he desired the favour to examine some of the Noble Lords present and that First the examinations of my Lord of Northumberland might be read and they were read accordingly To the Third Interrogatory he saith That the Earl of Strafford declared his opinion That His Majesty might use his power when the Kingdom was in danger or unavoidable necessity or words to that effect To the Fourth That the said Earl did often say That that power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only imployed to that use To the Sixth That the said Earl of Strafford said That this Kingdom could not be happy but by good agreement in Parliament between the King and His People My Lord of Strafford observed That this was at the very same time and let all the world judge whether he had any intention to subvert the fundamental Laws of the Land or no Next he desired my Lord Marquis of Hamilton might be examined to the Interrogatory my Lord of Northumberland was examined to Marquis Hamilton examined to the said Interrogatory viz. Whether the said Earl of Strafford delivering his opinion how far the King might use a Power after the breach of the late Parliament did not put the Case when there was an unavoidable necessity upon actual Invasion or an Enemies Army ready to enter the Land His Lordship Answered That he hears the Question and remembers the same Question was asked him formerly on his oath when he was Deponed and he then said as now he could not call to mind what my Lord said in that point Whether my Lord of Strafford did not say That that Power was to be used Candidè Castè and if it were used for any other purpose it would be unjust and oppressive His Lordship Answered That he hath heard him use those words often to His Majesty and on them or immediately after he declared his opinion That it would never be happy in this Kingdom till there be a right understanding between the King and his People and that could not be but by a Parliament Whether he did not say at that time That the present danger provided for and all which setled the King was bound to preserve the Liberty and Propriety of the Subject from the prejudice of such a precedent His Lordship Answered He remembers something of that but cannot positively say because he cannot tell what the precedent was Being asked on Mr. Whitlock's motion what time he heard these words from my Lord of Strafford in the said Second Question He Answered professing that his memory is not good and if it fails not him in this he may boldly affirm he heard my Lord of Strafford speak the words both before and since the Dissolution of the last Parliament Being asked on my Lord of Straffords motion Whether His Majesty was pleased to declare to the Lords of the Council That he had perfect and full intelligence that the Scotch Army intended to march into England He Answered he remembers very well His Majesty had frequent Advertisements of the Scots intentions to come into England he knows
found the affairs of Scotland so distempered that he thought fit to reduce the Kings Subjects there by force His Lordship says That if the Demands struck at the root of Government then it was fit to say they should be reduced by force But the words were spoken before the reasons of the Demands were known and before he could know how they could be warranted by the Laws of that Kingdom and it is part of the Charge of the House of Commons That he said They struck at the root of Government which it appears they did not for those very Demands against which my Lord of Strafford delivered his opinion are since enacted by the Parliament of Scotland and confirmed by His Majesties Royal Authority in the Treaty which is very well known to divers of their Lordships sitting here My Lord sayes It was first resolved a War should be had and then for him to debate Whether an Offensive or Defensive War is no Crime but that receives a clear Answer for it was his Resolution his Advice That there should be a War and an Offensive War which shewes his Design against the Kingdom of Scotland My Lord labours to prove That the seising of the Scotch Ships was not by his Warrant but by Warrants otherwise procured That was not insisted on in the Charge and therefore they will not insist upon it in the Reply there is enough besides My Lord is further pleased to say That there is no substantial or concluding proofe of his intent that the Parliament should be only called to try whether there would be supply given or no and that is only deposed by my Lord Primate a single Testimony But my Lord Primate concurs with others in the same sence and meaning To my Lord Conwayes Testimony my Lord sayes That for the King to help Himself is a Natural Motion and proper to every one But the other words of my Lord Conwayes Testimony That the King might help and supply Himself though it were against the will of His Subjects must be understood not of a Natural but a violent motion and it appears to be my Lord of Straffords Design to have it so He comes to the Testimony of my Lord Treasurer and sayes That doth not at all touch him that he promised to assist the King in any other way in case the Parliament did not succeed But this proves his intent That if the Parliament were dissolved as he was willing it should as it will afterwards appear he would assist the King in any other way whatsoever He took a good Pattern Stare super vias antiquas and we shall prove that too but this was not via antiqua of Parliaments to propose Supplies in the first place and to put off consideration of grievances to urge nothing but to give to the King and before a Resolution whether they would give or not to informe against the Parliament by Misinformation My Lord mentions the Declaration of the House of Commons in Ireland concerning the giving of Four Subsidies for the Kings supply of the War with Scotland which is in the Charge but was not insisted upon But by shewing this my Lord of Strafford hath procured that which is likewise in the Charge That the Parliament of Ireland did engage themselves in the War against Scotland and by the Preamble of his Answer This was in my Lord of Straffords Knowledge and may be easily proved to be by his Procurement being the Chief Governor there He sayes That had he ever entertained such thought as the words proved import he should give Judgment against himself But as no mans thoughts can be proved but by his words and actions so the words proved do manifest that his thoughts were no other and shew clearly his intention to bring in an Army on us to reduce this Kingdom My Lord calls Sir Robert Kings Testimony a Report on a Report and sayes the like of the Testimony of my Lord Ranalagh which shall be answered when he comes to lay the whole matter together according to the course of opening the Articles Diverse Witnesses his Lordship produces to prove that the 8000 Foot raised in Ireland were designed for Scotland and particularly for the Town of Aire which is very improbable for that Town as was informed and will be proved was at that time very well fortified and the Coasts thereof and the Haven so barred and narrow that one of my Lord of Straffords own Witnesses says there could be no probability of Landing an Army there The like may be said of the Frith of Dunbarton that was Fortified long before And if their Lordships repair to some part of my Lord of Straffords Answer where he sayes they were to be landed in some places near the Country of my Lord of Argile to divert him These places are so far from his Country and such Armes of the Sea and unpassable Mountains are interposed that they could not be landed there with any intention to go to Argyles Country But admit there were a primary intention of this Army in some part of Scotland the Witnesses speak onely to what was intended before the Army was raised But when the Army was on foot my Lord of Straffords intention might be changed and it seems it was for he laboured to perswade His Majesty to make use of it to reduce this Kingdom He sayes The Testimony touching Sir George Wentworths words is single and spoken by his Brother and could not reach him but though one Witness testifies the words yet it may be made appear to their Lordships that presently after the words spoken Sir Tho. Barrington related them to other Gentlemen who are ready to testifie that he so related them But their Lordships seeming satisfied in that point directed him to proceed Next my Lord Discourses of my Lord of Bristols Testimony and the differences of opinion between them touching the summoning of a Parliament But my Lord of Bristol proves the following words That the King was not to suffer himself to be mastered by the frowardness of His People c. and to these no Answer is given To which Mr. Whitlock said he would further answer in the General Reply And so for the words proved by my Lord of Newbrough my Lord of Holland and diverse other Noble Lords of this House My Lord of Strafford was pleased to mention the Statute of 1 E. 6. ca. 12. where to compass by Preaching or saying to deprive the King is not for the first offence Treason though words of a more transcendent and high nature and hence he inferr'd that the words charged on him are not Treason But that Statute is onely of Treasons spoken of the King but not of Words and Counsels that advise the thing to be done And there is no Question but at this day for any man to Advise and Counsel the Destruction of the King is High-Treason notwithstanding that Statute These words charged on my Lord are a Declaration of his intention to subvert
the Laws and Government of the Kingdom and the use made of the words is not that they are in themselves Treason but as they prove that intention But this is the work of another time being matter of Law and therefore Mr. Whitlock said he would say no more to it now neither doth it require his Answer nor is it at all to this business My Lord did much insist on it that there was no mention by any of the Lords that were of the Committee for the Scotch Affairs concerning the words of bringing the Army out of Ireland to reduce this Kingdom diverse of their Lordships being to that point examined But Mr. Treasurer Swears in the Affirmative he heard the words spoken and when they come to sum up the rest of these words and applying them to this shew the dependance they have one upon another their Lordships will see plainly that must be his intention and that there could be no other interpretation of his words It is possible for some that were at the Council not to hear the words and yet that disproves not a Witness that sayes in the Affirmative he did hear the words And though some of my Lords do not remember some other passages as That His Majesty was loose and absolved from all Rules of Government yet that is proved by two Witnesses and though the rest remember them not yet that stands clearly proved Other things which some of their Lordships did not remember were proved by three Witnesses Whence it may be deduced that what Mr. Treasurer deposes is to be believed though some of my Lords that were present did not remember it By making a sum and Collection of the words and comparing one with another it will appear very clear that my Lord of Straffords intention was to bring in that Army to reduce this Kingdom And first their Lordships will remember the words that passed betwixt Sir George Rateliffe and Sir Robert King and the Relation between my Lord of Strafford and Sir George Ratcliffe And before my Lord of Strafford came out of Ireland he gave direction to Sir George Ratcliffe and afterwards on a Discourse Sir Robert saying how my Lord of Strafford and how the said Sir George Ratcliffe had least cause to desire a War Sir George replyed We are ingaged not himself onely but We speaking of my Lord of Strafford are ingaged in a War and Sir George sayes further that the King hath 30000 Men and 400000 l. in his Purse and a Sword by His Side and if he wanted Money who would pity Him which cannot be intended but by raising of Money on the Subjects of England But besides their Lordships may remember the expression of my Lord Ranalaugh and Sir Robert King that these Forces were intended to be used for raising Moneys here and that my Lord of Strafford offers to sell his Land in Ireland Besides his Brother said the Commonwealth is sick of Peace and would not be well till it was Conquer'd again which must imply Force and an Army to do it It is a Proof of my Lord of Straffords intention that a Parliament should be summon'd to give Supply and if not that then it should be Dissolved and other Courses should be taken My Lord Primates Deposition is that in case of necessity His Majesty might use His Prerogative might levy what he needed only first it was fit to try the Parliament and if that succeeded not then to use his Prerogative as he pleases My Lord Conway proves the same Intention my Lord of Strafford saying to him That if the Parliament supplied not the King His Majesty would be acquitted before God and Men if he took some other course to supply himself though against the will of His Subjects And it cannot be intended to be against their will but it must be by force for if it be with their will it is voluntary And Mr. Treasurer proves that my Lord would be ready to serve the King any other way that is by Force by Armes or any way whatsoever Their Lordships may remember his words to His Majesty That the Parliament had denyed to supply Him that they had forsaken Him which was onely to incense His Majesty against Parliaments He told my Lord of Bristol in that Discourse with him that His Majesty was not to suffer Himself to be Mastered with the frowardness and undutifulness of His People and if His Majesty was not to suffer Himself to be Mastered by them but to Master them it cannot be but by strength of others My Lord of Holland proves more fully and my Lord of Newbrough concurs with him that His Majesty had an Advantage to supply Himself other wayes because the Parliament had denyed to supply Him And there be no other wayes save Parliament-wayes but extraordinary and illegal wayes My Lord of Strafford hath much laboured to answer and qualifie the last words but he comes short of it And those words are as fearful and of as high a nature as can be expressed by a Subject and by a Counsellor to his Soveraign The first part of the said last words are clearly proved by the Testimony of my Lord of Northumberland and Mr. Treasurer That the King had tryed His People and was Absolved from all Rules of Government That He was to do all that Power would admit that he had tryed all wayes and was refused and should be acquitted before God and men The latter part Mr. Treasurer onely reaches to that His Majesty had an Army in Ireland which He might imploy to reduce this Kingdom and comparing these words with the former if the King be absolved from all Rules of Government Which way can that Power be used but by bringing in an Army the latter words being dependant and consequent to the former and if they be compared together and sum'd up their Lordships will be satisfied that this was the intention of my Lord of Strafford to bring an Army out of Ireland into this Kingdom to reduce it and that his purpose was by a strong hand to compel the Subjects of the Kingdom to submit to an Arbitrary Power and whatsoever should be imposed on them And whereas my Lord makes it a great part of his excuse that nothing was executed upon this Counsel we must give humble thanks to His Majesty for if his Counsel might have taken place no doubt but that had been done which was laboured and advised to be done But a Gracious Sovereign would not take hold on those Counsels but rejected them as to that though so much was done on other Counsels and Misinformations of my Lord of Strafford as my Lord of Strafford will never be able to justifie That nothing is done is no excuse to him It is an Obligation to the Kings Subjects the more to Love and Honor him But it shews clearly my Lord of Straffords intention if it might have taken place to have changed the Lawes to have brought an Army upon us and by
with relation to action For these be Counsels and if a Man shall Counsel the death of the King Will any Man doubt whether this be Treason surely no man will doubt it that knowes the Laws of England The Treason is not in his words but in his wicked Counsels For under favor if it be true that he spake them they may be called wicked and that it is true they have offered proof and so he left it to their Lordships Mr. Glyn desired to add a word it concerning the Kingdom and Peers Their Lordships observe how my Lord of Strafford stands questioned for subverting of the Laws and for designing to introduce an Arbitrary Government the other day his design appeared in the exercising of a Tyrannical Power over the Persons Estates and Liberties of the Kings Subjects and though a design was in practice and something put in execution yet there was something left whereby that Treason might be raised to a higher strain For that proofs were produced the other day the exercise of this Tyrannical power in his person which was the stopping of the Streams of Justice but the Fountain of Justice was still uncorrupted and hope left and God be thanked we have hope still But this dayes work is to prove That he ascended the Throne and by his ill Counsels the Venome he had hatcht in his own heart he endeavored to infuse into the Kings Person to make Him of the same opinion with himself and that is to endeavor to corrupt the Fountain But God be thanked he hath met with a Gracious King upon whom he cannot prevaile The words laid to his Charge are very many That he should tell the King he was Absolved from all Rules of Government and that he had an Army in Ireland which he might employ to reduce this Kingdom The latter part of the words he hath endeavoured to answer and the former part proved by positive Witnesses which he hath not given answer to For the latter that concerns the Irish Army Mr. Glynn said He shall not need to put their Lordships in mind of any thing said but whereas my Lord sayes They are proved by one Witness only if your Lordships revise their Notes they shall find them prov'd by many Witnesses When he was not accused by the Commons he tells Sir William Pennyman at York he did intend to bring the Army into England but there was Vox populi and that 's a horrid Witness My Lord Cottington one of the Honourable persons present when the words were spoken testifies to their Lordships That he remembers my Lord of Strafford told the King That after things were setled he was bound to repair the property of the Subject and this under favour proves something for if some Counsel and advice were not given that there should be an invasion on the property what should engage him to tell the King he should restore it Here my Lord Cottington explained himself saying That his meaning was he hath often heard my Lord say The King and People would never be happy till there was a good agreement Mr. Glynn proeceded that if their Lordships please to look on my Lord of Straffords Interrogatory they shall find it asked his Lordship Whether he did not tell the King that he should make restitution of the Subjects propertie when the danger was over and why should his Conscience aske such a question unless there were Counsel given to invade the propriety of the Subject Your Lordships remember the words of Sir George Wentworth which Mr. Glynn said he will not repeat and when my Lord was fixed by the words of his Brother he said That tho he be my Brother I do not use to communicate my Counsels to him and that I am on my oath to conceal yet this great Counsel he did impart to Mr. Slingsby for his own purpose and to Sir William Pennyman And so having spoken to the latter part of the words the reducing of the Subjects of England by the Irish Army to shew that it stands not only on a single proof but if the whole be recollected together there be many things concurring to the positive proof thereof Mr. Glynn put their Lordships in mind of the other words to which two great Witnesses concurr and no Answer at all is given viz. That the Parliament denyed Supply and the King is loose and absolved from all rules of Government put the other words out of doors as they are not if the King be loose from all rules of Government is he not loose to doe what he will And Mr. Glynn added That he must needs give Answer to something that fell from my Lord concerning other words that they were words of Discourse and what he speaks at his Bed or his Table or in private Discourse he thinks they should not be brought against him But Mr. Glynn besought their Lordships to remember that if my Lord speaks the words as a Privy Counsellor speaking to the King concerning the Subjects property compare these words with the other Extermination and then see what the Case is The last thing in his Defence is as high as the Charge it self He is charged That being a Privy Counsellor and entrusted by the King and a man of such Eminence he should indeavour to infuse into the Kings Sacred Person such dangerous Counsels tending to the destruction of the Law and Government and consequently of King and Subject And in the close my Lord of Strafford put their Lordships in mind what a dangerous thing it is for one of the Kings Counsel to be charged for Words spoken at Council-Table to speak this in such a Presence before the Peers and Commons of the Realm that a Privy Counsellor who ought to be clear and candid is not to be questioned though he infuse dangerous Counsels That it is justification of his own Act and so great that he knows not how my Lord could say greater and so he said he hath no more to say their Lordships had heard the Proofs and Defence and comparing them together he doubts not but their Lordships are satisfied that the Commons had just cause to do what they have done My L of Strafford desired to answer one thing the Gentleman that spake last said touching his revealing the Kings Counsels to Mr. Slingsby and others he would be loth to be charged with breaking his Duty to God and the King but where he hath Power and Liberty for as concerning the imployment of that Army the King left it wholly to him to acquaint whom he thought fit for the bettering of the service But the thing that makes him rise is to represent to their Lordships that he hath been there constantly in a great deal of weakness and infirmity since 7 or 8 of the clock and now it is 5. That his Speech and Voice are spent and it is not possible for him to come here to morrow and therefore he most humbly besought their Lordships to
which in this case is always to be admitted among persons of Honor and persons of Trust and therefore admitting it not any other way it was just and lawful and commendable in Mr. Treasurer and me for I vow to your Lordships we both said it and he as fully as I. But my Lords all these come very far short to prove the words of the Charge and this under favour is all the proof as I have taken that I should say these words before the Parliament The next words I am charged withal are in the 23 Article and those my Lords are that having tryed the affections of his people His Majesty was loose and absolved from all Rules of Goverment and was to do every thing that Power would admit and that His Majesty had tryed all wayes and was refused and should be acquitted both of God and man For the latter part that concerns the reducing of this Kingdom by the Irish Army I have answered already and therefore shall not need to repeat it My Lords mine Answer under favour to those words with your Lordships Noble permission must be thus That they are no way proved in the most material part of them by any Testimony that hath been offered I shall as near as I can repeat the proofs that were offered on this point for these Articles were brought in four or five together but I shall apply the proofs severally and distinctly The Testimony first given was the Testimony of the Lord of Bristol wherein his Lordship says That in a discourse there was difference betwixt his Lordship and me in some Tenents of ours To which I answered the other day that in discourse we speak not always the things we think but many times to gain from other mens arguments to strengthen me in my opinion I will seem to be of the contrary This is ordinary and familiar in all conversation and very honest and just so that albeit we seem to differ as we held it severally yet if the pulse of our hearts had been touched close both his and mine perhaps we should have found it one and the same Besides his Lordship said I disliked not the discourse we speaking of another Parliament only I said it was not convenient at that time and that the present dangers would not admit a remedy of so long consideration and that the King must provide for the Common-wealth Et salus populi suprema lex And truly my Lords I think that it is very hard any man should upon such a discourse have his words turned upon him and made use of to condemn him for High Treason My Lords I know you are so just that you would judge me as you would be judged your selves and whether any man that hears me would be content to have every word that falls in discourse betwixt man and man to be so severely interpreted I leave to every mans Breast what he finds in the closet of his own Heart and desire to be judged according to that My Lord went further and says I should say that the King was not to be mastered by the frowardness or disaffection of some particular men and conceives it be meant of the Parliament My Lords I say under favour these words are not within the Charge and therefore I am not to be accountable for them besides it is a single Testimony and by the proviso of that Statute cannot be made use of to the end and purpose for which they bring them My Lords the next Testimony offered for proving this Charge is the Testimony of my Lord of Newburgh and he sayes That at the Council-Board or in the Gallery I did say that seeing the Parliament had not supplied the King His Majesty might take other courses for the defence of the Kingdom Truly my Lords under favour who doubts but he might for my part I see not where the offence is for another man to have said thus for if another man will not help me may not I therefore help my self under favour I conceive there is no great weight nor crime in these words but in these likewise he stands a single Testimony there is no man that joyns with him in it and there is this in the whole Cause concerning the words that I think there is not any one thing wherein two concurr The next Testimony is that of the Earl of Holland and he sayes That at the Council-Board I said The Parliament having denyed the King he had advantage to supply himself other ways Truly my Lords I say still other wayes being lawful wayes and just wayes and such wayes as the goodness of the King can only walk in and in no other can he walk And therefore I conceive they be far from bringing it to so high a guilt as Treason and this likewise his Lordship expresses as the rest do singly on his own word as he conceives them and not on the particular word of any other person which is I say the case of every one that speaks in the business and therefore there being so great a difference in the Report and Conceiving of things it is very hard my words should be taken to my destruction when no Man agrees what they were My Lord of Northumberland is the next and he sayes I should say at a Committee for the Scotish affairs That in case of necessity and for defence and safety of the Kingdom every thing must be done for the preservation of the King and his People And this is the Testimony of my Lord in that point if I take any thing short it is against my Will I give you my Notes as far as I have them and further I cannot remember them But my Lords I say this brings it to that which is indeed the great part of my Defence in this case There is another agreed in this too and it is Mr Treasurer who sayes that in Argument for Offensive or Defensive War I should say That having tried all ways and being refused the King might in extream necessity provide for the safety of himself and his People I say this brings it to that which is principally for my Defence that must qualify if not absolutely free me from any blame and that is that which did proceed and follow after My Lords under favour I have heard some discourse of great weight and of great Authority and that is certain the Arguments that were used in the case of Ship-Money by those that Argued against the King in that Case say as much and will undertake if any man read those Arguments he shall find as much said there as I said at Council-Board for there you shall hear that there be certain Times and Seasons when Propriety ceases as in the case of Burning where a Man pulls down the next House to preserve the whole street from being set on fire In the case of building Forts on any mans Land where it is for the publique defence of the Kingdom in both these Cases Propriety
England If but any one of these Six Considerations hold the Commons conceive that upon the whole matter they had good cause to pass the Bill My Lords For the first of Levying War I shall make bold to read the case to your Lordships before I speak to it It 's thus The Earl did by Warrant under his Hand and Seal give Authority to Robert Savil a Sergeant at Arms and his Deputies to Sesse such numbers of Soldiers Horse and Foot of the Army in Ireland together with an Officer as the Sergeant should think fit upon His Majesties Subjects of Ireland against their Will this Warrant was granted by the Earl to the end to compell the Subjects of Ireland to submit to the unlawful Summons and Orders made by the Earl upon Paper Petitions exhibited to him in case of private interest between party and party this Warrant was executed by Savil and his Deputies by sessing of Soldiers both Horse and Foot upon divers of the Subjects of Ireland against their Wills in warlike manner and at divers times the Soldiers continued upon the parties upon whom they were sessed and wasted their Goods until such time as they had submitted themselves unto those Summons and Orders My Lords This is a Levying War within the Statute of 25th Edw. 3. The words of the Statute are If any man do Levy War against our Lord the King in His Realm this is declared Treason I shall endeavour in this to make clear to your Lordships 1. What shall be a Levying of War in respect of the motive or cause of it 2. What shall be said a Levying of War in respect of the action or thing done 3. And in the third place I shall apply them to the present case It will be granted in this levying of War that Forces may be raised and likewise used in Warlike manner and yet no levying of War within the Statute that is when the Forces are raised and employed upon private ends either of revenge or interest Before this Statute in Edw. the 1. time the Title of a Castle was in difference between the Earls of Hereford and Gloucester for the maintaining of the possession on the one side and gaining of it on the other Forces were raised on either side of many hundred men they marched with Banners displayed one against another In the Parliament in the 20th year of Edward 1. this was adjudged only Trespass and either of the Earls Fined 1000 Marks apiece After the Statute in Hillary Term in the 15th year of Edw. the 3. in the Kings-Bench Rot. 3. Nicholas Huntercome in Warlike manner with 40 men armed amongst other weapons with Guns so antient as appears by that Record they were did much spoil in the Mannor of the Abby of Dorchester in the County of Oxford this was accounted no Treason and so it hath been held by the Judges That if one or more Town-ship upon pretence of saving their Commons do in a forcible and warlike manner throw in inclosures this is only a Riot no Treason The words of the Statute 25 Edw. 3. clear this point that if any man ride Armed openly or secretly with men at Arms against any other to kill and rob or to detain him until he hath made Fine and Ransome for his deliverance this is declared not to be Treason but Felony or Trespass as the Case shall require all the printed Statutes which have it covertly or secret are misprinted for the words in the Parliament Roll as appears in the 17th are Discovertment on Secretement Open or Secretly So that my Lords in this of Levying War the Act is not so much to be considered but as in all other Treasons and Felonies quo animo with what intent and purpose My Lords If the end be considerable in Levying War it may be said that it cannot be a War unless against the King for the words of the Statute are If any man Levy War against the King That these words extend further than to the person of the King appears by the words of the Statute which in the beginning declares it to be Treason to compass and imagine the death of the King and after other Treasons this is to be declared to be Treason to Levy War against the King If Levying of War extend no further than to the Person of the King these words of the Statute are to no purpose for then the first Treason of compassing the Kings death had fully included it before because that he which Levies War against the Person of the King doth necessarily compass his death It 's a War against the King when intended for alteration of the Laws or Government in any part of them or to destroy any of the Great Officers of the Kingdom This is a Levying War against the King 1. Because the King doth protect and maintain the Laws in every part of them and the great Officers to whose care he hath in his own stead delegated the execution of them 2. Because they are the Kings Laws he is the Fountain from whence in their several Channels they are derived to the Subject all our Indictments run thus Trespasses laid to be done Contra pacem Domini Regis the Kings Peace for exorbitant offences though not intended against the King's Person against the King his Crown and Dignity My Lords this construction is made good by divers Authorities of great weight ever since the Statute of 25th of Edw. 3. downwards In R. the 2. time Sir Tho. Talbot conspired the death of the Dukes of Glocester and Lancaster and some other of the Peers for the effecting of it he had caused several People in the County of Chester to be Armed in Warlike manner in Assemblies in the Parliament held in the 17th year of R. 2. N o 20. Sir Thomas Talbot being accused of High Treason for this It 's there declared insomuch as one of them was Lord High Steward of England and the other High Constable that this was done in destruction of the Estates of the Realm and of the Laws of the Kingdom and therefore adjudged Treason and the Judgement sent down into the Kings Bench as appears Easter Term in the 17th year of R. 2. in the Kings Bench Rot. 16th These two Lords had appeared in the 11th of R. 2 in maintainance of the Act of Parliament made in the year before one of them was of the Commissioners appointed by Parliament and one of the Appealors of those who would have overthrown it The Duke of Lancaster likewise was one of the Lords that was to have been Indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of their Laws This there is declared to be Treason that concerned the Person of the King and Common-wealth In that great insurrection of the Villains and meaner People in Richard the II. time they took an Oath Quod Regi Communibus fidelitatem servarent to be true
him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against Him to the death and destruction of the King The Cases that I shall cite prove not onely that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against Iohn Awater of High Treason in the Forme before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High Treason My Lords This Indictment was Returned into the Kings Bench in Trinity-Terme in the Eighteenth year of Edward the Fourth and in Easter-Terme the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the Love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings Bench in Trinity-Terme in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against Him to cause Risings against Him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not onely to disaffect the people to the King but the King likewise towards the People not once but often not in Private but in places most Publick not by a Private Person but by a Counsellor ofState a Lord Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the Necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coales they were cast upon His Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loynes of the Law as they shall find My Lords Who speaks this to the people a Privy-Counsellor this must be either to traduce His Majesty to the people as spoken from Him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to His Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of His Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what He would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suites might be determined according to Law and not by himself at his Will and Pleasure upon Paper Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed
himself The Eighth Article contains several charges as that of my Lord Chancellor How he imprisoned him upon a Iudgement before himself and the Council how he inforced the Seal from him when he had no authority nay though it were excepted by his Patent that he should no way dispose of it but he looked not to Authority further than might make way to his Will Another concerns the prime Earl of that Kingdom my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the Kings express command for his deliverance and in his answer my Lord acknowledges it but sayes That that command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he gives them in give me leave to mention and say we had a ground to put them into Charge and could have proved them if there had been need punctually and expresly and I believe little to my Lords advantage But your Lordships I think do remember my Lady Hibbots Case where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance for 2500 l. executes the Contract by a Deed and Fine levied deposits part of the Money and when a Petition was exhibited to the Lord Deputy and Council for the very Estate your Lordships remember how this came in judgment before my Lord Deputy there was but a Petition delivered there was an answer made and all the suggestions of the Petition denied yet my Lord spake to Hibbots himself that was willing to accept the Money not to decline the way that he was in by Petition Five hundred pound more will do him no hurt to carry into England with him and yet without examination of a Witness a Decree was made to deprive this Lady of her Estate and the purchasing of this Land by my Lord of Strafford was proved by two Witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in Trust for my Lord of Strafford and that it proved according to my Lord of Straffords Prophecy for the man had five hundred pounds gain above the Contract with my Lady Hibbots But after the Lands were sold for Seven thousand pounds so that the Lady Hibbots offence was her making of a bargain whereby to gain Five hundred pounds but there was no offence in my Lord to make a bargain for Three thousand pounds and to gain Four thousand pounds presently this you see proved by Hibbots the party and by Mr. Hoy the Son of the Lady Hibbots So that here is a determination of a Cause before the Council-Table touching Land which was neither Plantation nor Church-Land without colour of the Instructions contrary to Law to Statute to Practice and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject I know not what is In his answer to this case he did open it yet whether he mistook or no I know not that he had a Letter from the King but he produces none in evidence and that is another mis-recital I am sorry he should mis-recite and fix it upon the Person of His Sovereign in a case of this nature Now he falls more immediately upon the liberty of the Subject and that is by the Warrant mentioned in the Ninth Article to be issued to the Bishop of Down and Conner whereby he gives power to him and his Officers to apprehend any of the Kings Subjects that appeared not upon Process out of his Ecclesiastical Courts expresly contrary to Law and your Lordships have heard how miserably the Kings Subjects were used by this Warrant as hath been proved by a Gentleman of Quality Sir Iames Mountgomery And howsoever he pretends it was called in it was three whole years in execution before it was called in and though he pretends his Predecessors did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he says that Bishop Mountgomery did tell him there was such a Warrant and one Witness more speaks of one Warrant and that is all the Witnesses produced and that but to be a Copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universal and spread over the face of that Kingdom that was under his jurisdiction and that is in the tenth Article which concerns the Customs where he doth impose upon the Kings Subjects a Rate and Tax against Law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himself of a jurisdiction above the Law My Lords in his answer he pretends that this is rather a matter of fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to His Majesty so it is likewise an exercise of a Tyrannical Jurisdiction over his Subjects That it is a fraud to His Majesty it plainly appears for the King lost exceedingly by it whereas before the Rent afforded the King was 11050. l. there was improved by the new Lease that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new Lease the Impost of Wine for which the King before that time received 1400 l. a year and likewise the Custom of London-derry Colerane and Knockfergus for which the King had reserved 1700 l. a year besides the moity of the seizures so here is 5000 l. that the King lost of the old Rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one year he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts and if this be his dealing where is his service to the King in his pretence to advance the Customs It is true he says The King hath five eighth parts but it was but within these two years the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000 l. if he had received it I believe we should have heard of it My Lords There is something more here is a new imposition on the Kings people without Law and yet I will do my Lord of Strafford no injury but I tell you how the proof stands It was a Book of Rates framed before he came to the farm for the Book of Rates was in March and the Date of his Assignment was in April following and therefore my Lord saith It could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heels of another and I beseech you observe cui bono the Book of
should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it your Lordships judgement who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the Kings ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that necessity hath surprized him by the Parliaments deserting of him that the Parliament had forsaken the King in denying supply and having tryed the affections of His people he was loose and absolved from all rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his people he was now loose and absolved from all rules of Government which words are proved by two witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his speech pretends that the most material words are proved but by one witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosom friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no money if he did no body would pity him now he had his sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoak of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Penniman himself his own witness and friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one witness And under favour my Lord Cottington if you call to mind his testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects property which must inferre he had advised an Invasion upon the property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own conscience told him he had advised somthing to invade upon the people when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Penniman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved
by two witnesses concerning the Kings being loose and absolved from rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary power above the Law in this Kingdom will upon the proofs putting them altogether and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his people for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristols memory is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four days after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgements whether here be not a good proof of the Article laid to his chage My Lords in the Seven and twentieth Article he is charged with levying of War upon the Kings people by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levied on the Subjects Goods Then his Declaration
to Sir William Pennyman in pursuance of which he made his Warrant That it was the assent of the Lords of the great Council that this Money should be levied and taking all together whether it fixes it not upon him to be the Author and Instrument it rests in your judgements in point of fact and so I suppose the Seven and twentieth Article rests on him and so I shall conclude the Evidence produced on the behalf of the Commons And now give me leave to put your Lordships in mind of some Evidences offered by my Lord Strafford himself in his Answer and in the passages of his Defence for his clearing and justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the Estates of the Peers of the kingdom of Ireland and determining them upon Paper Petitions in an Arbitrary way your Lordships have heard him speak it before and repeat it this day That he did it out of compassion for the more expeditious proceeding on behalfe of the poor against these mighty But then my Lords I beseech you compare some other part of his proceedings Your Lordships remember the business of the Flax which concerns the poor wholly and universally and if compassion had been the rule and direction of his actions towards the poor surely this would have been a just cause to have commiserated them in this case but he exercised his power over them and over them wholly and over them universally and therefore it shews it is not his compassion to the poor nor respect to the rich or mighty that will any way restrain or obstruct his ways to his own Will And thefore you may see what truth there is in his answer by comparing one part of the charge with another when the business of the Flax brought that calamity upon the Kings Subjects that thousands of them perished for lack of Bread and dyed in Ditches Secondly Your Lordships have often heard him use a Rhetorical insinuatian wondring that he should be charged with words and they strained so high as to be made Treason to question his Life and Posterity though the words might be spoken unadvisedly or in discourse or by chance Your Lordships remember the Fifth Article touching his proceedings against my Lord Mountnorris where words were spoken in an ordinary discourse at dinner and slight ones God knows of no consequence at all such as another man would scarce have harkened after and yet my Lord extends them to the taking away of my Lord Mountnorris his life gets a sentence of death against him and that against Law with a high hand in such a manner as I think your Lordships have not heard the like and therefore I beseech you compare one part of his Answer with another and see how ready he is to make use of any thing that may excuse himself and yet when he comes to act his power you see his exercise of it You have heard how he magnifies his Zeal for advancing the Kings Benefit and Revenue and his care of his Service and would shelter and protect himself under it to justify an exorbitant action but if your Lordships call to mind the business of the Customs for Tobacco which in truth were the Kings right and due and a great profit was thereby advanced and he trusted to advance it The King must loose of his former Rents in the case of Custom and received a small Rent in the case of Tobacco my Lord himself in the mean time imbursing such vast sums of Money where is then the discharge of his Trust where is his care to advance the Kings Rents to increase his Revenue Compare that part of his Answer with this and see what credit is to be given to his affirmation My Lords throughout the passages of his discourse he insinuates and never more than this day with the Peers of the Realm magnifying them almost to Idolatry and yet my Lords when he was in his Kingdom in Ireland and had power over them what respect shewed he then to the Peers of the Kingdom when he judged some to death trampled upon others in misery committed them to prison and seized on their Estates where then was the Peerage he now magnifies And to shew it was an insinuation for his own advantage you may remember when there was an unlawful Act to be committed that is the levying of Money in the North What regard had he then to the Peers of the Kingdom when he comes to justify and boulster up High Treason it self under the name and authority of the Great Council where most of the Peers of the Realm then were and so by this time I know what credit your Lordships give to his words spoken when he lies under your Mercy and Power but what do I speak of the Peers of the Kingdom and his using of them My Lords he spared not his Sovereign His Majesty in His whole Defence for being charged with offences of a high nature he justifies those offences under the pretence and under the authority of His Majesty our Gracious King and Sovereign even Murther it self in the Case of Denwit and my Lord Mountnorris Treason it self in the Fifteenth Article by a Command in Ireland and in the Seven and twentieth by a pretended authority from His Majesty in the face of His People he justifies my Lord Mountnorris his sentence by a Letter from His Majesty Denwits Sentence by a Commission from His Majesty and he read three or four clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a Witness to produce against him which I will not examine but refer it to his own Conscience that is The Petition of Right that the Kings Servants are to serve him according to Law and no otherwise he very well knew if an unlawful act be committed especially to a degree of Treason and Murder the Kings Authority and Warrant produced is no justification at all So then my Lords to mention the Kings name to justify an unlawful act in that way can do him no good and his own understanding knows it may do the King harm if we had not so Gracious a King that no such thing can do harm unto But my Lords to produce the Kings Warrant to justify his actions under his Patent and Command what is it else but so far as in him lies in the face of his people to raise a cloud and exhale a vapour To interpose betwixt the King and his Subjects whereby the splendor of his Glory and Justice cannot be discovered to his people My Lords what is it else when the people make complaint against the Ministers that should execute justice of their oppression and slavery and bondage For the Minister when he is questioned to justify this under the Kings Authority what is it I say but as much as in that Minister lies
Pate Esq Io. White Esq Rich. Moore Esq Rich. Reeves Esq Tho. Pewry Esq Will. Pewrifoy Esq Will. Spursâ—ow Esq Simon Snow Esq Rich. Ferris Esq Ed. Thomas Esq Serj. Wild. Humphrey Salway Esq Tho. Leeds Esq Will. Harrison Esq Gervis Clifton Will. Herbert Esq Iohn Woogan Esq Henry Brett Esq Iohn Trevanion Esq Walter Lloyd Esq Sir Rich. Leigh Sir Tho. Ingram Sir Ro. Crane Iohn Upton Esq Iohn Arundel Esq Iona. Rashly Esq Rich. Arundel Esq Iohn Woddon Esq Iohn Pearsival Esq Sir Will. Portman Theobald Gorge Esq Tho. Smith Esq Sir Martin Lister Sir Tho Cheâ—k Tho. Hayle Esq Anthony Beding field Esq Sir Tho Smith Ralph Ashton Esq Iohn Potts Esq Francis Rowse Esq Pierce Edcomb Esq Sir Walter Earl Sir Will. Masham Iohn Gourdon Esq Iohn Role Esq Tho. Arundel Esq Ioseph Iane Esq Sir Philip Parker Arthur Ainsâ—ow Esq Geo. Hartnal Esq Edw. Wingate Esq Robert Sicil Esq Sir William Litton Sir Iohn Iennings Sir Oliv Luke Sir An. Nichols Iohn Broxam Esq Iohn Allured Esq Geo. Buller Esq Iames Fines Esq Nich. Weston Esq Sir Beauchamp St. Iohn Sir Richard Ansâ—ow Sir Io. Corbet Sir Alex. Denton Sir Io. Parker Sir Ro. Parkhurst Sir Ambrose Brown Sir Sam. Owfield Sir Rich. Buller Alex. Carew Esq Sir Nath. Barnadiston Sir Harvy Baggott Simon Norton Esq Samson Evers Serj. at Law Philip Sidney Lord Lisle Iohn Alford Esq Sir Ch. Williams Rich. Herbert Esq Sir Edw. Alford Sir William Plaitor Francis Gamull Esq Sir Ioh. Stepney Sir Io. Brook Io. Fenwick Esq Will. Chadwell Esq Alex. Lutterell Esq Io. Burlace Esq Sir Io. Cook Tho. Cook Esq Tho. May Esq Sir Richard Lewison Iohn Griffith Esq Matthew Davis Esq Iohn Fettiplace Esq Geo. Loe Esq Rich. Edgcomb Esq Sir Ed. Redny Sir Arth. Haâ—welrig Sir Fran. Barnham Sir Tho. Gervis Ro. Wallop Esq Iames Rivers Esq Will. Haveningham Esq Will. Cawly Esq Iohn Button Esq Tho. Gervis Esq Sir Hen. Worsly Hen. Darly Esq Valentine Walton Esq Sam. Vassal Esq Hen. Campion Esq Io. Merrick Esq Herbert Price Esq Tho. Earle Esq Will. Marlet Esq Will. Drake Esq Sir Ed. Littleton Sir And. Ludlow Rich. Harman Esq Rich. Shettleworth Esq Sir Iohn Draidon Will. Ellis Esq Will. Thomas Esq Io. Pine Esq Will. Iepson Esq Iohn Hotham Esq Tho. Hodges Esq Tho. Moore Esq Godfrey Boswell Esq Antho. Staply Esq Io. Moyle Esq Will. Hay Esq Ferdinando Stanhop Esq Harbottle Grimston Esq Iohn Craven Esq Rob-Crooke Esq Edw. Philips Esq Rob. Reynolds Esq Sir Tho. Pelham Ben. Valentine Esq Sir Tho. Fanshaw Matthew Cradock Esq Lloyd Esq Sir Will. Dalson Sir Tho. Woodhouse Francis Godolphin Esq Framlingham Gaudy Esq Anthony Irby Esq Lord Wenman Iohn Lowry Esq Sir Tho. Danby Iohn Eveling Esq Long Esq George Parry Esq Will. Morgan Esq Walter Kirk Esq Sir Tho. Parker Grantham Esq Tailor Esq Iohn Trenchard Esq Rob. Sutton Esq Iohn Whistler Esq An. Hungerford Esq Tho. Eversfield Esq George Searl Esq Cha. Baldwin Esq Rich. Whitehead Esq Gerrard Napier Esq Hen. Garton Esq Mich. Noble Esq Serjeant Creswel Sir Iohn Holland Sir Will. Ogle Sir Charles Gross Sir Geo. Stonehouse Ro. Hurst Esq Will. Basset Esq Ralph Godwin Esq Ro. Nichols Esq Sir Er. Knowles Nathan Hollow Esq Ambros Mannaton Esq Ro. Walker Esq Sir Rich. Brown A Message was immediately sent to the Lords to acquaint them that the Commons had just cause and ground to suspect that there hath been and still is a secret practise to discontent the Army with the proceedings of the Parliament to ingage them in some design of dangerous consequence to the State and by some mischievous ways to prevent the happy success and conclusion of this Assembly and to desire their Lordships that a Select Committee might be appointed to take the Examinations upon Oath concerning this desperate Plot and Design in the presence of some of the Commons and to move His Majesty in the name of the Parliament that upon this great and weighty occasion no Servant of His Majesty the Queen or Prince may depart the Kingdom without leave of his Majesty with the Advice of His Parliament until they appear and be examined And the Commons immediately agreed upon a Letter to the Army and sent it away by an Express to assure them of the care the Parliament took to provide Moneys for them and did not doubt but the Army will give a fair testimony of their affections to the Parliament notwithstanding the evil deportments of some persons who have endeavoured to discontent them At the same time the Commons passed several Resolves in order to the security of the Nation viz. That strict enquiry be made what Papists Priests and Iesuits be now about the Town That the 1500 Barrels of Powder going to Portsmouth may be stayed That the Forces in Wiltshire and Hampshire be drawn towards Portsmouth And the Forces in Kent and Sussex towards Dover And they did declare that whosoever should give Counsel or Assistance or joyn any manner of way to bring any Forreign Force into the Kingdom unless it be by Command from His Majesty with consent of both Houses of Parliament shall be adjudged and reputed as publique Enemies to the King and Kingdoms These Resolves the Commons made known to the Lords for their concurrence and also desired them to move His Majesty for the stop of the Ports and that the Lord Admiral should place such Trusty Commanders in the Ships for the security of the Nation as they could confide in in all which the Lords did most readily concur The Commons did further communicate unto the Lords the Protestation which they had taken in their house desiring the Lords it might also be taken by every Member of their House It was sent to the House of Lords by Mr. Hollis who at the delivery thereof did amongst other passages express himself to this effect MY LORDS THe Knights Citizens and Burgesses of the House of Commons having taken into their serious Consideration the present State and Condition of this Kingdom they find it surrounded with variety of pernicious and destructive Designs Practises and Plots against the well being of it Nay the very Being of it and some of those designs hatched within our own Bowels and Viper-like working our own destruction They find Jesuits and Priests conspiring with ill Ministers of State to destroy our Religion they find ill Ministers conjoyned together to subvert the Laws and Liberties they find obstructions of Justice which is the Life and Blood of every State The Parliament of late years have been like the Fig-tree in the Gospel without Efficacy without Fruit commonly taken away as Elias was with a whirlwind never coming to any maturity The same ill Councils which first raised that storm and almost shipwrackt the Common-wealth do still continue they blow strong like the East wind that brought the Locusts over the Land Is it not time then my Lords that we should unite and concentrate our selves and defeat the Counsels of these Achitophels which would involve us
Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the
to this High Court and to testifie in a Case of the highest Nature in case of Treason informed of against Sir George Ratcliff We did conceive it to be no breach of Priviledge of Parliament that he should be sent for and if the House require of us our Opinions concerning the manner of sending for him we shall tell you what we conceive of it Which Report being made It was Resolved upon the Question That Sir George Ratcliff shall be forthwith sent for to answer the Information that is Charged against him here of High Treason Resolved upon the Question That Sir Robert King shall forthwith be sent for hither as a Witness to testifie in case of High Treason Mr. Solicitor likewise offered from the Committee to the Consideration of the House two Orders which were read in haec verba and by Vote Ordered accordingly viz. It is Ordered by this House upon the Question That Sir George Ratcliff being as is informed a Member of the Parliament in Ireland because there is an Information in this House of High Treason against him shall be forthwith sent for and brought hither in safe Custody no Priviledge of Parliament extending to this Case Ordered two Messengers to be sent with these Orders and each Messenger to have Copies of both the Orders It was likewise Offered from the Committee That the Honourable Persons near the Chair would beseech His Majesty that He would be pleased to give such Directions as in His Wisdom He shall think fit for the more Expeditious sending for these Parties Mr. Treasurer delivered this Message to His Majesty Saturday November 14th 1640. Mr. Treasurer after he had read out of a Paper the Message which Yesterday the House desired him to deliver to His Majesty Declared that he had acquainted the King therewith who this morning hath given Order to Mr. Secretary Windebank who deals for the Affairs into Ireland to make instant Dispatch to the Deputy there that all Expedition be done according to the Message Secondly Concerning the three Letters desired by my Lord Mountnorris they were procured by Mr. Secretary Cook who was imployed about the Affairs for Ireland at that time that he is now in the Country in Darbyshire His Majesty will take some time to be informed in this and no time shall be lost and there shall be an Account given Wednesday November 18th 1640. Ordered that no Member of this House shall visit the Earl of Strafford during the time of his Restraint without Licence first obtained from the House Ordered a Message be sent to the Lords to desire them that they would please to appoint a Committee of a very few that in the presence of some of this House might take such Depositions and examine such Witnesses as they should name upon Interrogatories and Questions as shall be presented to them by Order of this House concerning the Earl of Strafford and the Interrogatories Testimonies and Witnesses to be kept private until the Charge be made full and perfect Ordered that Mr. Pym go up with this Message accompanied with so many as shall be pleased to go Then the House fell into Debate concerning those Lords who petitioned the King for a Parliament to be called Whereupon it was Resolved upon the Question That those Lords which were Petitioners to His Majesty at York in their Petition a Copy whereof was here now read have done nothing but what was Legal Just and Expedient for the good of the King and Kingdom and is now approved by the whole body of the Commons Resolved upon the Question That the Copy of the Petition now read and formerly preferred by the Lords to His Majesty at York shall be here Entred Thursday November 19th 1640. It is Ordered That if occasion shall be for the examination of any Members of this House in the business concerning the Earl of Strafford they shall be ready upon Notice to be examined upon Oath It is likewise Ordered That upon the Message to be sent from this House the Lords be desired to make the like Order for the Members and Assistants of their House and to desire their Lordships that if occasion be that any Privy-Counsellors be produced as Witnesses they will take such course as in their Judgments they shall think fit that they may be examined This Message to be sent to morrow morning by the Messengers formerly sent Mr. St. Iohns Mr. Palmer Mr. Glimer Mr. Selden Mr. Grimstone Mr. Maynard Sir Simond D'ewes Mr. Whstiler Mr. Thomas Widerington Mr. Sollicitor This Select Committee or any two of them are appointed to search the Record of Attainder in the Kings Bench in such manner and at such time as they shall think fit for the furtherance of the Charge in hand against the Earl of Strafford Friday November 20th 1640. Mr. Whistler Reported from the Committee for Irish Affairs That he is required by the Committee to Report to the House the Affairs of that Kingdom as they were set forth in a Remonstrance made by the House of Commons in this present Parliament in Ireland wherein it appeared that Trading was destroyed Industry disheartned new and unlawful Impositions were Imposed the Arbitrary Determinations of all Causes for Goods Land and Possessions by Petitions and Act at Council-Table where no Writ of Error can lie and the King loseth a Fine upon the Original Writ thereby That His Majesties Gracious Inclination for the good of that Kingdom is kept from them That there is a Monopoly of the sole Trade of Tobacco of more gain to the Parties interessed therein than the King 's whole Revenue in Ireland The destroying of the Plantation of London-Derry The Exorbitant Power of the High Commission which cryeth loud in all the three Kingdoms The Proclamation forbidding any to depart thence for England without Licence and pay dear for it The many Subsidies given and Monies raised for the King and still he is in Debt and therefore demands an account of His Treasure and desires present Redress or Access to His Majesty A Copy of the Remonstrance was delivered in under the Hand of the Clerk of the Parliament there and was read and shall be entred if so Ordered That the Secretaries there Mr. Slingsby and Mr. Little be required to send hither the Book of Entries of the several Petitions presented to the late Lord Deputy now Lord Lieutenant of Ireland and the several Orders and Proceedings thereupon made That Mr. Little the younger and Mr. Carpenter who have the Monopoly for Tobacco be required to send hither those Warrants by which they demand and have laid those Taxes upon Tobacco That the several Affairs of the Custom-House and Ports viz. Dublin Kingsale Yowhall Waterford Corke Galloway Carrick-Fergus and Bangor be required to send hither their Books of Entries whereby the Impositions laid upon several Commodities may appear there were several Warrants issued forth according to this Order and
not continued it will prove of evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very able and expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 men were drawn out of the old to make Officers for the new Army and believeth the 1000 put to the old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Souldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practiced before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Ulster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have setled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 men who still remain in the King's pay and were sent into Ulster to secure those Parts or to land in Scotland to
Committee for the Earl of Strafford The House does declare That they are well satisfied that the Evidence to be produced against Thomas Earl of Strafford at his Trial be managed by those Members Friday March 5th 1640. Upon Mr. Whitlock's Report from the Earl of Strafford's Committee It was Resolved upon the Question That there shall be no Replication put 〈◊〉 the 〈◊〉 of 〈◊〉 〈◊〉 in 〈◊〉 but that the further Proceedings shall be 〈◊〉 〈◊〉 〈◊〉 as is now 〈◊〉 by the Committee Mr. Whitlock is to go up to the Lords with this Message viz. That the House of Commons have considered of the Earl of Strafford's Answer and do aver their Charge of High Treason against him and that he is Guilty in such manner and form as he stands Accused and Impeached and that this House will be ready to prove their Charge against him at such convenient time as their Lordships shall prefix and intend to manage the Evidence by Members of their own and desire a free Conference with their Lordships by Select Committees of both Houses to consider of some Propositions and Circumstances concerning the Trial. Mr. Whitlock brings Answer from the Lords That their Lordships have taken the Message from this House into Consideration and will give a meeting for a free Conference by a Committee of 24 on Monday Morning at Nine of the Clock The Committee of the Commons Mr. Pym Mr. Strode Mr. Solicitor Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Whitlocke Mr. Palmer Mr. Selden Mr. Maynard Mr. Treasurer Sir Io. Culpepper Mr. Reynolds Mr. Hyde Mr. Prideaux Mr. Whitlock Mr. Martin Mr. Proxholm Mr. Gray Lord Faulkland Mr. Vaughan Lord Russell Sir Iohn Strangwaies Mr. Bellasis Sir Guy Palmes Mr. Sutton Mr. Whistler Sir Symon D'Ewes Sir An. Irby Sir Martin Lomly Mr. Waller Mr. Coventry Mr. Upton Sir Iohn Eveling Lord Fairfax Sir William Massam Mr. Pierepoint Sir Benjamin Rudyard Sir Thomas Barrington Sir Philip Stapleton Mr. Capell Mr. Cary Sir Ralph Hopton Sir Robert Hatton Sir Gilbert Gerrard Mr. Nathaniel Fines A Committee of these 48 are to meet a Committee of 24 of the Lords at a free Conference concerning the Trial of Thomas Earl of Strafford on Monday Morning next at Nine of the Clock in the Painted-Chamber The Committee for the Earl of Strafford are to manage this free Conference with the Lords Monday March 8th 1640. Upon Mr. Whitlock's Report from the Committee for the Earl of Strafford the Heads of a Conference appointed to be had this day concerning the Trial of the said Earl It was Resolved upon the Question 1. To Propose to the Lords That they will be pleased to take some Order that there may be a convenient Place appointed for the Trial of Thomas Earl of Strafford and to give such Directions as shall be fit for preparing conveniency of room for both Houses and for such Members of the House as are appointed to manage the Evidence and for Witnesses and for the Prisoner and for excluding of all such as ought not to be present at the Trial. 2. That whereas in the last Message to the Lords this House did Intimate unto them That they did intend to manage the Evidence by Members of their own They are now Commanded to explain their Reason That their Lordships may take notice That We do not expect any Council shall be admitted the Earl of Strafford at the giving of Evidence at the Trial. Thursday March 11th 1640. Mr. Whitlock Reports from the free Conference concerning the Trial of Thomas Earl of Strafford That the Lord Privy-Seal began with this Introduction That this Parliament both Houses have had often Conferences and to good Purpose which had preserved a true Understanding between both Houses That at the last free Conference their Lordships did receive from this House certain Propositions concerning the Trial of Thomas Earl of Strafford which We our Selves call Circumstances 1. Concerning Place 2. Persons 3. Managing the Evidence 4. Use of Counsel he was pleased to remember the words of the Proposition as they were delivered unto them and told Us those were Circumstances yet Circumstances were Servants to Execution and might be altered and if they should Change from the House they now sit in into the Painted-Chamber or the Court of Requests upon Survey of it by skilful men they were informed the Floor of it is so weak that it might be very dangerous for so great a Resort to be in together at the Trial therefore left that to Our further Consideration The Lords thought of this That the Bar in their House might be removed higher and the Room there made longer and that being made a Scaffold might be a Capacity sufficient to receive the Members of this House this he did only Propose and said The Bishops did desire to be absent at this Trial so there would be more room for the Earls would sit in their places Next that their Lordships did desire to understand Whether We meant to be there as a House which they thought We did or as single Members of the House 3. His Lordship was pleased to tell Us They desired an Exposition of the words managing of Evidence Whether We intended a marshalling and applying of the Proof 4. That the Lords did desire concerning the Place and Persons to know how they have been admitted in former times that they might be fortified by Presidents for Place and Persons and for Counsel Their Lordships are careful not to admit of more than is according to the Law of this Kingdom And thereupon their Lordships have made this Resolution That the Earl of Strafford in matters of meer Fact shall not make use of Counsel but in matter of Law he shall and if any doubt arise what is matter of Law and what is matter of Fact the Lords do reserve the Judgment hereof to themselves this came by intimation of Ours that We did intend to manage the Evidence and at a Conference We explained Our Selves That We did not expect they would allow Him any Council at the giving of Evidence After this he was pleased to tell us That he had not forgot another thing though he omitted it that he that delivered the Proposition at the Message used words to this purpose That this House did hold it necessary and fit that all the Members of the House might be present at the Trial to the end every one might satisfie his own Conscience in the giving of their Vote to demand Judgment Upon this We thought it not fit to make an Explanation till We had acquainted the House with it Ordered That the whole matter of the Report now made of the free Conference with the Lords concerning the Trial of Tho. Earl of Strafford be referred to the Committee for the Earl of Strafford to search and consider of Presidents and to prepare Reasons and to present them to the House to morrow morning and they are to meet this Afternoon at Two
of Mr. Peard shall be present at the several doors at the Entrance of the place appointed for the Members of the House by Six of the Clock and are directed and required by the House to admit none but such as shall bring Tickets of their Names and the Places for which they Serve and that none of the Members of the House shall be admitted to come in before those that are appointed to attend at the doors shall come and if any either Stranger or Member of the House shall offend this Order those who are appointed to attend this Service shall Report it to the House And it is further Ordered That all of the House shall be there by Eight of the Clock at the farthest and that such places shall be reserved for them who shall attend this Service as they shall find to be most proper and convenient for them 4. Ordered That the Serjeant at Arms shall attend within the Court and his Men without to be imployed in such Service as they who manage the Evidence shall appoint Sir Iohn Culpepper further Reported That the Speaker might be present in some private place and as a particular Member of this House but the Committee doth not think fit that the House should declare any Order in it Touching the Members of the House being covered at the Trial the Committee thinks it not fit for them to deliver any Opinion only they offer the difference that may be when both Houses meet or Committees of both Houses and the present Case where the Lords are to meet as a House and the Commons as a Committee of their House Resolved upon the Question That the House shall sit this Afternoon and shall meet at Two of the Clock Mr. Bellasis went up to the Lords with this Message To desire their Lordships That in regard this House is much straitned in time and hath great Affairs in hand and will sit this Afternoon and may have occasion of a Conference with their Lordships that they will be pleased to sit likewise The humble Petition of Thomas Earl of Strafford was this day read wherein he desires That he may make use of some Members of this House nominated in his Petition as Witnesses at his Trial and the House leaves those Members nominated in the said Petition to do therein as they shall please without their giving any offence to the House Mr. Martin is to go up to the Lords to desire a free Conference with their Lordships by the same Committee that was formerly appointed touching the matter of the last free Conference concerning the Trial of the Earl of Strafford Ordered That those Members of the House that are appointed to manage the Evidence at the Trial of the Earl of Strafford shall have Power if any Witnesses be produced for the Earl to ask if they have been sworn and if it shall appear that they have been sworn or if any shall be sworn at the Bar to forbear to proceed any further in the managing of their Evidence until they have resorted unto the House and have received further Order All the Orders that concern the Proceedings against the Earl of Strafford are required to be Copied out for the Service of the Committee The Names of the Members of the House of Commons appointed to manage the Evidence against Thomas Earl of Strafford at his Trial before the House of Peers upon an Impeachment of High Treason George Lord Digby Iohn Hampden Esquires Iohn Pym Oliver St. Iohn Esq shortly after Solicitor-General to King Charles the First Sir Walter Earle Knight Ieoffery Palmer afterwards Knighted and made Attorney-General to King Charles the Second Iohn Maynard Esq afterwards Serjeant at Law to King Charles the Second Iohn Glyn Esq Recorder of London afterwards Sworn one of the Council to King Charles the Second The Place for the appearance of the Lord Lieutenant was the great Hall in Westminster where there was a Throne erected for the King on each side whereof a Cabinet inclosed about with Boards and before with Arras before that were the Seats for the Lords of the Upper-House and sacks of Wooll for the Judges before them ten Stages of Seats extending farther than the midst of the Hall for the Gentlemen of the House of Commons at the end of all was a Desk closed about and set apart for the Lord Lieutenant and his Counsel On Monday Morning March 22. about Seven of the Clock he came from the Tower accompanied with six Barges wherein were one hundred Souldiers of the Tower all with Partizans for his Guard and fifty pair of Oars At his landing at Westminster there he was attended with two hundred of the Trained Band and went in guarded by them into the Hall The entries at Whitehall Kingstreet and Westminster were guarded by the Constables and Watch-men from four of the Clock in the Morning to keep away all base and idle persons The King Queen and Prince came to the House about Nine of the Clock but kept themselves private within their Closets only the Prince came out once or twice to the Cloth of State So that the King saw and heard all that passed but was seen of none Some give the reason of this from the received practise of England in such Cases Others say That the Lords did intreat the King either to be absent or to be there privately lest pretentions might be made hereafter that His being there was either to threaten or some other ways to interrupt the Course of Justice A third sort That the King was not willing to be accessary to the Process till it came to His Part but rather chose to be present that he might observe and understand if any Violence Rigour or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose Office it is asked Master Maxwell Whether the Ax should be carried before him or no Who did Answer That the King had expresly forbidden it nor was it the Custom of England to use that Ceremony but only when the Party Accused was to be put upon his Jury Those of the House of Lords did sit with their Heads covered those of the House of Commons uncovered The Bishops upon the Saturday before did voluntarily decline the giving of their Suffrages in matters Criminal and of that nature according to the provision of the Cannon Law and practice of the Kingdom to this day and therefore would not be present yet withall they gave in a Protestation that their absence should not prejudice them of that or any other Priviledge competent to them as the Lords Spiritual in Parliament which was accepted The Earl of Arundel as Lord High Steward of England sate apart by himself and at the Lieutenant's Entry Commanded the House to proceed Master Pym being Speaker of the Committee for his Accusation gave in the same Articles which were presented at his last being before the Upper House which being read his Replies were subjoyned and read
come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon If they can they Resolve to sit this Afternoon and desire their Lordships to do the like if it may stand with their Conveniency Mr. Peard brings Answer That their Lordships will meet at Four of the Clock Resolved upon the Question That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall concerning matter of Law Ordered That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration The Committee is to retire presently into the Committee-Chamber to prepare Heads for a Conference to be desired with the Lords concerning the further Proceedings against the Earl of Strafford Mr. Maynard Reports the Heads of this Conference to this effect 1. To take Notice of their Lordships Resolution to hear the Earl of Strafford's Council in matter of Law 2. To put their Lordships in mind of the saving of this House in that Point and further to tell them That if after his Council shall be heard any doubt shall remain with their Lordships they shall be ready to satisfie them in due time 3. That to this end they do intend to send a Committee of this House only to hear what his Council shall say These Particulars raised some Debate in the House and being put to the Question the House was divided upon it but yet after the Tellers were appointed the Noes yielded to the Yeas without telling 4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial as much as in Justice may be 5. To desire a continuance of their Care that the Counsel under colour of speaking to the matter of Law ravel not into the matter of Fact Sir Robert Harly went up to the Lords to desire a free Conference with their Lordships by a Committee of both Houses upon the free Conference had Yesterday with their Lordships concerning the further Proceedings against the Earl of Strafford Sir Robert Harly brings Answer That their Lordships will give a present meeting as is desired The Committee that was appointed to prepare Heads for the Conference concerning the further Proceedings against the Earl of Strafford are to manage this Conference and to Report it if occasion be Ordered That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall do apply their Endeavours in that Service A Message from the Lords by Justice Foster and Justice Heath That the Lords have sent this Message that they will be set to morrow at ten in the Forenoon in Westminster-Hall to hear the Earl of Strafford's Council in matter of Law Saturday April 17th 1641. Post Merid. Ordered That the House be Resolved into a Grand Committee to take into further Consideration the Bill of Attainder of Thomas Earl of Strafford Mr. Speaker left the Chair Mr. Peard was called to the Chair of the Grand Committee and Mr. Speaker again assumed the Chair Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed on Monday morning at Seven of the Clock Monday April 19th 1641. Ordered That after the Conference shall be ended the House shall again be Resolved into a Committee to resume the farther Debate of the Earl of Strafford and all the Members are required to return from the Conference to the House Resolved upon the Question That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland and to Introduce an Arbitrary and Tyrannical Government against Law in both these Kingdoms is High Treason The Lord Digbye's Speech in the House of Commons to the Bill of Attainder of the Earl of Strafford April 21. 1641. Mr. Speaker We are now upon the Point of giving as much as in Us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom Thomas Earl of Strafford a Name of hatred in the present Age by his Practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactared I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon
Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and is Resolved to give a meeting at the time and place as is appointed Wednesday April 28th 1641. Post Merid. Ordered That Mr. Solicitor St. Iohn have Power to send for such Records as he shall think needful for that Service committed unto him for maintaining the Point of Law in the Case of the Earl of Strafford The same Committee as was formerly appointed to keep the Doors at Westminster-Hall is appointed to keep the Doors again to morrow Mr. Solicitor and Mr. Maynard and Mr. Glyn appointed as Assistants unto him are to sit in the most convenient places in the middle of the lower Rank Mr. Edward Hide went up to the Lords with this Message to acquaint their Lordships That the House hath received such Information as hath moved some Fears in them that the Earl of Strafford may have a design to Escape that he hath Ships at Sea at Command and that the Guards about him are weak therefore to desire their Lordships he may be a close Prisoner and the Guards strengthened Mr. Hide brings this Answer That their Lordships had heretofore given Directions to the Lieutenant of the Tower that he should be close Prisoner and take Care for a stronger Guard and will take it into Examination and give Directions as is desired Friday April 30th 1641. Post Merid. Ordered That Mr. Solicitor be required from this House to bring in a particular Copy of his Argument Yesterday in Westminster-Hall and likewise that Mr. Pym bring him a Copy of the Speeches spoken by him in Westminster-Hall both at the beginning and latter end of the Trial of the Earl of Strafford A Copy of the Paper posted up at the Corner of the Wall of Sir William Bronkard's House in the Old Palace-Yard in Westminster declaring the following Names to be Enemies of Iustice. The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Thomas Danby Sir George Wentworth Sir Peter Wentworth Sir Fred. Conwallis Sir William Carnaby Sir Richard Winn Sir Gervas Cliffton Sir William Withrington Sir William Pennyman Sir Patrick Carwin Sir Richard Lee Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Mr. Pollard Mr. Price Mr. Trevanyon Mr. Ieane Mr. Edgcombe Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Loyd Mr. Herbert Captain Digby Serjeant Hyde Mr. Tayler Mr. Richard Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Doctor Turner Captain Charles Price Doctor Parry a Civilian Mr. Richard Arundel Mr. Newport Mr. Nowell Mr. Chichley Mr. Mallory Mr. Porter Mr. White Secretary to E. D. Mr. Warwick It is a Presumption that these Names were thus Posted up by some of those who came in multitudes to the Parliament House but he that took the List of their Names as Mr. Elsing told the Author was one Mr. W who Served for some Borough in the County of Wilts and who did not afterwards go to the King at Oxford in time of War though his Wife did but he staid in the Parliament to do what friendly Office he could for the King and his Party It is probable he gave a Copy of those Names to some Friends not intending to have the same made Publick in that manner The Name of one Member of the House that was in the List who is omitted in this viz. Sir Iohn Strangwayes who was not then in Town but Sir Iohn after his Return out of Dorsetshire complained that his Name was Posted up amongst others and moved that the business might be Examined how the List came abroad and was made Publick as aforesaid he being then in the Country Wednesday May 5th 1641. Mr. Solicitor is appointed to bring in his Argument he made in Westminster-Hall at the Trial of the Earl of Strafford on Monday last A Message from the Lords by Judge Reeves and Judge Forster That they give this House Thanks for sitting so long that they are still in Debate of the Bill against the Earl of Strafford so that this Night they cannot be ready for a Conference Saturday May 8th 1641. A Message from the Lords by Judge Forster and Judge Heath That the Bill of Attainder of Thomas Earl of Strafford is passed their House without any Alteration or Amendments Ordered That a Message be sent to the Lords to desire a free Conference by a Committee of both Houses concerning the Bill of Attainder of Thomas Earl of Strafford Mr. Hotham is to go up with this Message Mr. Pym is to manage this Conference the substance whereof is That in regard the Peace of the Kingdom doth much consist in the Execution of the Bill of Attainder of Thomas Earl of Strafford to desire their Lordships to move His Majesty as speedily as may be to give His Assent Mr. Hotham brings Answer That the Lords will give a present meeting at a free Conference by a Committee of both Houses as is desired Mr. Pym Reports That he had performed the Command of this House Ordered That this House shall joyn with the Lords to attend His Majesty to appoint a time when He would be pleased to set concerning His Assent to the Bill of Attainder of Thomas Earl of Strafford Mr. Pym brings word That the Lords have sent to His Majesty and this House shall hear from them very speedily A Message from the Lords by Judge Forster and Judge Heath That the Lords appointed by their House attended His Majesty who appointed that both Houses should attend Him at Four of the Clock in the Banqueting-House concerning the Bill of Attainder That they have Passed the Bill concerning the not Dissolving the Parliament Monday May 10th 1641. The Gentleman-Usher of the Black-Rod came to signifie to the House That His Majesties Assent to the Bill of Attainder is now to be given by Commission and that the Lords did expect Mr. Speaker and the House of Commons to come up Articles of the Commons Assembled in Parliament against Thomas Earl of Strafford in Maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21th day of March in the Eighth Year of His Majesties Reign was President of the King's Council in the Northern parts of England That the said Earl being President of the said Council on the 21th of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limitted to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and
namely the said Earl of Strafford the 12th day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Péer of the said Realm of Ireland and then Uice-Treasurer and Receiver-General of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and kéeper of the Privy-Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the Fourtéenth Year of His Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of His Majesties Subjects whose name is yet unknown and caused him to be put to Death in execution of the same Sentence VI. That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolston did cause the said Lord Mountnorris to be disseised and put out of Possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having been 18 years before in quiet possession thereof VII That the said Earl of Strafford in the Term of holy Trinity in the Thirteenth Year of His now Majesties Reign did cause a Case commonly called The Case of Tenures upon defective Titles to be made and drawn up without any Iury or Tryal or other Legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that case and by colour of such Opinion did without any Legal procéeding cause Thomas Lord Dillon a Péer of the said Realm of Ireland to be put out of the possession of divers Lands and Tenements being his Fréehold in the Country of Mayo and Roscomen in the said Kingdom and divers other of His Majesties Subjects to be put out of Possession and disseised of their Fréehold by colour of the same Resolution without Legal proceedings whereby many hundreds of His Majesties Subjects were undone and their Families utterly ruinated VIII That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of His Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending IX That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all lawful Decrees Sentences and Orders issued imposed or given out against them and them to commit and keep in the next Gaol until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect X. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandize Exported out and Imported into that Realm to be farmed to his own Use. And in the Ninth Year of His now Majesties Reign he having then Interest in the said Customs to advance his own Gain and Lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wooll at Thirteen shillings four pence though the same were really worth but Five shillings at the utmost Niue shillings by which means the Custom which before was but a twentieth part of the true value of the Commodity was enhanced sometimes a Fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great Oppression of the Subjects and decay of
piece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the King's Liege-people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare That the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgment of His Supremacy only but to the Ceremonies and Government of the Church Established and to be established by His Majesties Royal Authority and said That the Refusers to obey he would prosecute to the blood XX. That the said Earl hath in the 15th and 16th Years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotish Nation and divers and sundry times and especially since the pacification made by His Majesty with His said Subjects of Scotland in Summer in the 15th Year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation And the said Earl by his Counsels Actions and Endeavours hath béen and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his mind towards His Majesties Subjects of the Scotish Nation viz. the Tenth day of October in the Fiftteenth Year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased His Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article only excepted and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War XXI That the said Earl of Strafford shortly after his Spéeches mentioned in the last precedent Articles to wit in the 15th Year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North and had a pacification with his Subjects of Scotland he laboured by all means to procure His Majesty to break that pacification incensing His Majesty against His Subjects of that Kingdom and the procéeding of the Parliament there And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he counselled His Majesty to call a Parliament in England yet the said Earl intended that if the said procéedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs he would then procure His Majesty to break the same and by ways of force and power to raise monies upon the Subjects of this Kingdom And for the encouragement of His Majesty to hearken to his advice he did before His Majesty and His Privy-Council then sitting in Council make a large Declaration that he would serve His Majesty in any other way in case the Parliament should not supply him XXII That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their Assistance in a War against the Scots and gave directions for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederacing with one Sir George Ratcliff did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Maiesties Subjects and of altering and subderting of the Fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford returned into England and to sundry persons declared his Opinion to be that His Majesty should first trie the Parliament here and if that did not supply him according to his Occasions He might use then His Prerogative as He pleased to levy what He néeded and that He should be acquitted both of God and man He took some other courses to supply Himself though it were against the wills of His Subjects XXIII That upon the Thirtéenth day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did accordingly to the Trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesties referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Spéeches and Messages to urge the said Commons House to enter into some Resolution for His Majesties supply for maintenance of His War against His Subjects of Scotland before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a Demand was then made from His Majtsty of Twelve Subsidies for the release of Ship-money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some supply before any Resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to dissolve the said Parliament upon the Fifth day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had béen Members of the said House of Commons by telling His Majesty They had denied to supply him And afterwards upon the same day did traiterously and wickedly Counsel and Advise His Majesty to this effect viz. that having tried the affections of His People he was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tried all ways and was refused and should be acquitted towards God and man and that he had an Army in Ireland meaning the Army
time or no. The Lord High Steward answered that their Lordships Commandment is to let his Lordship know That if the House of Commons proceed not by their Members to manage the Evidence this day then what his Lordship hath to say to this House may be put off to another time And so their Lordships Adjourned to the House above by which is meant the House where the Lords use to sit in Parliament and appointed the next morning to proceed in this business The Second day Tuesday March 23. 1640 THeir Lordships being set the Lord Steward recited in brief the proceedings of the day before adding that naturally and properly it belongs in the next place for those whom the House of Commons have deputed to manage their Evidence in pursuance of the Articles of Impeachment to begin the work of the day Then Mr. Pym one of the Committee appointed for the management of the Evidence began as followeth My Lords We stand here by the Commandment of the Knights Citizens and Burgesses now assembled for the Commons in Parliament And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a Great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause strength and vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Iob to cast out their Sorrows Truth and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Uprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says he would endure any thing rather than be saved by Falshoood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under His Majesty he is bold to affirm That he hath been careful and faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of His Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Usurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Increase of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects He hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is
this My Lords That by his means many good and wholesome Laws have been made since his Government in Ireland Truly My Lords if we should consider the particulars of these Laws some of them will not be found without great Exception But I shall make another Answer good Laws nay the best Laws are no advantage when Will is set above Law when the Laws have force to bind and restrain the Subject but no force to Relieve and Comfort him 4. He says in the Fourth place He was a means of calling a Parliament not long after he came to his Government My Lords Parliaments without Parliamentary Liberties are but a fair and plausible way into Bondage That Parliament had not the Liberties of a Parliament Sir Pierce Crosby for speaking against a Bill in the Commons House was sequestred from the Council-Table and Committed to Prison Sir Iohn Clotworthy for the same Cause was threatned that he should lose a Lease that he had Mr. Barnewell and two other Gentlemen were threatned they should have Troops of Horse put upon them for speaking in the House Proxies by dozens were given by some of his Favourites And My Lords Parliaments coming in with these Circumstances they be Grievances Mischiefs and Miseries no works of Thanks or Honour 5. The Fifth is That he hath been a means to put off Monopolies and other Projects that would have been Grievous and Burdensome to the Subject if he had hated the Injustice of a Monopoly or the Mischief of a Monopoly he would have hated it in himself he himself would have been no Monopolist Certainly My Lords It was not the love of Justice nor the Common good that moved him And if he were moved by any thing else he had his Reward It may be it was because he would have no man gripe them in the Kingdom but himself his own Harvest-crop would have been less if he had had sharers It may be it was because Monopolies hinder Trade he had the Customs and the benefit of the Customs would have been less when we know the particulars we shall make a fit and proper Answer to them But in the mean time we are sure whatsoever was the reason it was not Justice nor love of Truth that was the reason 6. He saith in the sixth place He had no other Commission but what his Predecessors had And that he hath Executed that Commission with all Moderation For the Commission it was no Virtue of his if it were a good Commission I shall say nothing of that But for the second part his Moderation when you find so many Imprisoned of the Nobility so many men some adjudged to Death some Executed without Law when you find so many publick Rapines on the State Soldiers sent to make good his Decrees so many whippings in defence of Monopolies so many Gentlemen that were Jurors because they would not apply themselves to give Verdicts on his side to be fined in the Star-Chamber Men of Quality to be disgraced set on the Pillory and wearing Papers and such things as it will appear through our Evidence can you think there was any Moderation And yet truly My Lords I can believe That if you compare his Courses with other parts of the World ungoverned he will be found beyond all in Tyranny and Harshness but if you compare them with his mind and disposition perhaps there was Moderation Habits we say are more perfect than Acts because they be nearest the principle of Actions The Habit of Cruelty in himself no doubt is more perfect than any Act of Cruelty he hath Committed but if this be his Moderation I think all men will pray to be delivered from it And I may truly say that is verified in him The Mercies of the Wicked are Cruel 7. I come to the seventh and that is concerning the Kings Revenue That he hath improved it from 57000 l. to 120000 l. and that he hath done it by Honourable and Just ways That he hath made the Kingdom able to Support it self That he hath improved the Kings Revenue by many rich and great Purchases That he hath saved the Charge of the Navy by bearing 7000 l. a year in Ireland which was born here before And then he says for a Conclusion That he never took Money out of the Kings Exchequer My Lords I must run over all these For the Enlargement or Increase of the Revenue of that Kingdom I think there is a little fault in his Arithmetick but I will not charge him with that now But for his Honourable ways of Increasing it if Monopolies if Vexation of the Subject be Honourable ways we shall leave that to your Lordships to judge But most of his increases are made upon Monopolies It is true there is another way of bargaining but it hath been mixed with Rigour and Rapine and Injustice Men have been driven out of their Estates Offices have been found by force Men have been driven to resign their Estates And is this a Just way of improving a Kings Revenue that I shall submit to your Lordships Then he says He hath made the Kingdom able to Support it self My Lords He that hath no Harvest of his own must Glean after another mans Reapers Truly this was none of his work The Kingdom was able to subsist of it self before he came thither For that we shall Appeal to the Records of the Exchequer betwixt the year 1622. and the time of his Government which was nine years at least during which nothing went out of this Kingdom to the support of that Island The 7000 l. for the Navy was born in Ireland before his time a year or two so he comes near the truth of that yet misses a year of the truth But if it were true hath it been only by the ordinary Revenue that it hath supported it self He hath had six Subsidies a year or two of Contribution which the Irish gave towards the supporting of the Charge of Ireland It was not his Husbanding nor his managing of the Revenue And truly if the Kingdom were able to support it self as it was before he came thither by the Revenue of the Kingdom and by the help of that Contribution it would be very fit since there may be many Increases since to know what is become of 300000 l. for six Subsidies and of the Contribution money and indeed there is a great suspicion that that went another way But that you may the better observe his Husbandry I shall speak of his last years Accompt the 20th of March now something more than a year since the Under-Treasurer delivered an Account on which there was 101000 l. remaining in the Kings Coffers Since that time there hath been received 112000 l. for the King I speak of round Sums My Lords I leave out pounds and pence and such things This is 213000 l. He hath received out of the Exchequer in England 50000 l. There are Debts in Ireland 60000 l. and what other Debts we know not
Here is above 320000 l. consumed in a year which is almost as much as Queen Elizabeth consumed in any year when Tyrone was in Rebellion and an Army of Spaniards was there My Lords He saith he never took Money out of the Exchequer if he rests in that Affirmation it will be very near truth yet serves but to shadow a falshood which is worse to cover and to glaze under such a Colour of Truth as that is a notable Falshood My Lords It is true he hath taken no Money out of the Exchequer but he could be content to take from the Under-Treasurer of the Exchequer 24000 l. about two years since and to keep it for his own occasions when the Kings Army was in want And he paid it in but lately And before I pass from this matter of the Revenue give me leave to speak something of the increase that comes in by the Customs It is true there is a great increase but if your Lordships look to the beginning of that bargain you shall find the notablest cozenage that ever was offered to a Prince in one that was a sworn Servant and intrusted with so great a Charge It will be more fully opened in the Article that concerns the Customs but I shall speak of it a little He made a bargain and under pretence of getting of 1350 l. gain to the King he gave cause of Allowances and Defalcations whereby he took forth of the Kings Purse 6000 l. a year or very near which the King had before He laid new Additions of charge on the Customs which came to 12000 l. So that on a bargain of giving 1350 l. more than was reserved on the former Lease He was sure that when he made the bargain of gaining 18 or 20000 l. 8. But I shall pass from the Revenue of the Crown to the Revenue of the Church which is in the 8th place He saith he hath been a great Husband for the Church and truly hath brought in many Lands to the Church but he hath brought them in by ways without Law without Rules of Justice He hath taken away mens Inheritances And here My Lords is an offering of Rapine an offering of Injustice and Violence And will God accept such an Offering Must the Revenues of the Church be raised that way It is true it was the more in the way of his own Preferment He knew who sat at the Helme here the Archbishop of Canterbury and such services might win more credit with him It was not an Eye to God and Religion but an Eye to his own Preferment I shall speak no more of that 9. I come to the 9th head and that is the building of Churches Many Churches have been built since his Government Truly My Lords why he should have any Credit or Honour if other men builded Churches I know not I am sure we hear of no Churches he hath built himself If he would have been careful to have set up good Preachers that would have stirred up Devotion in men and made them desirous of the knowledge of God and by that means made more Churches it had been something But I hear nothing of Spiritual Edification nothing of the knowledge of God that by his means hath been dispersed in that Kingdom And certainly they that strive not to build up mens Souls in a Spiritual way of Edification let them build all the material Churches that can be they will do no good God is not worshipped with Walls but he is worshipped with Hearts 10. He saith in the 10th place That many Orthodox and Learned Preachers have been advanced by his means and the Doctrine and Discipline of the Church of England by his means Protected and Defended My Lords I shall give but two or three Paterns of the Clergy that he hath preferred If you will take Doctor Atherton he is not to be found now above Ground for he was hanged for many foul and unspeakable Offences Doctor Bramhill hath been preferred to a great Bishoprick but he is a man that now stands charged with High Treason he hath been but few years in Ireland and yet hath laid out at least 30000 l. in Purchases I shall name but one Chaplain more and that is one Arthur Gwyn who about 1634. was an Under-Groom to the Earl of Corke in his Stable In the year after Dr. Bramhill preferred him to be a Clergy-man and a Parsonage and two Vicaridges Impropriate were taken from my Lord of Corke and given to this Arthur Gwyn I shall add no more Patterns of his Clergy 11. I go to the 11th and that is concerning the Army He hath many glorious Expressions of his Service concerning the Army That they are 1000 Horse and 2000 Foot And that there hath been very few Papists Soldiers or Officers and none preferred by himself Truly I think he says true or within one of true in this for there was but one preferred by himself and therefore I shall not stand upon that But he says this Army was paid out of the Revenue of the Crown which heretofore it was not wont to be To that I have spoken before and shewed that many years before his time all the Charges of Ireland were born within Ireland He says and I speak that as to the Army too That neither the Arms nor Wages have been burdensome to the people of Ireland but their Lodgings and Billettings have not been easie and not without discontent Why My Lords in Dublin it self where they have a Charter that exempts them from Billetting of Soldiers they have been faign to pay for Billetting of Soldiers Nay those Soldiers that were Servants and Dwellers in his own houses and other places must have their Billetting moneys And of this there hath been Petitions and Complaints nay it hath been spoken of in Parliament there and yet he can tell you that the marching and laying of Soldiers is without burthen and grievance to the People that was the Eleventh 12. I go to the 12th and that is the great increase of Trade The increase of Shipping 100 to one Truly My Lords in a time of Peace and in a growing Kingdom as that was being formerly unhusbanded It is no wonder that when Land increases in the Manurance and People increase in Number both Shipping and Trade increases But it is the advantage of the time not the advantage of his Government for My Lords his Government hath been destructive to Trade And that will manifestly appear by the multitude of Monopolies that he hath exercised in his own person And that is all I shall speak to the 12th 13. The 13th is That Justice hath been administred without bribery without partiality without Corruption these are Glorious things But there will as much fall upon him of Corruption and Injustice as of any other Offence And that My Lords will appear to you through the whole course of our Evidence I shall not now speak of the particulars And that we may not content our selves with
by hear-say he was a Member of the House when I had the Honour to serve I heard the expression of Sir George Ratcliffe at that time And the common voice was that he was under restraint but I saw him not Being asked whether there was any other occasion of these words but his said Vote He answered Truly My Lords I can apprehend none 4. Being asked whether he heard Sir George Ratcliffe threaten Sir Pierce Crosby in Parliament He answered I heard Sir Pierce Crosby speaking against a Bill in Parliament and as soon as he had sate down from speaking against the Bill Sir George Ratcliffe said to him That is not Privy-Councellor like or to that purpose I heard him To the point of Sir Pierce Crosbies being sequestred from the Council upon his speaking in Parliament The Lord Ranulagh being sworn was interrogated whether about the 10th year of the King he knew Exception to be taken against Sir Pierce Crosby for delivering his Opinion in Parliament and what proceedings were against him thereupon He answered My Lords to the best of my remembrance Sir Pierce Crosby being a Privy-Councellor in Ireland was charged at the Council-Board for Voting against a Bill that was transmitted by the Lord Deputy and Council and hereupon the Opinion of the Board was asked and by the advice of that Board Sir Pierce Crosby was sequestred from the Council This is as much as I can remember 2. Being asked by whom he was sequestred He answered By the Deputy and the Council 3. Being asked who began the Question He answered My Lord Deputy charged him My Lords I humbly desire that my Lord Ranulagh may be asked whether when things are handled at the Council-Table the Deputy be not the man that propounds them to the Council or no not as a party complaining but as belonging to the duty of his place And how he behaved himself in that business To which the Lord Ranulagh being interrogated Answered It is the constant course for the Deputy to propose the things that be brought to the Board and seldom doth any of the Council propound any thing but the Proposition comes from the Deputy But being further asked on the Committees motion whether this of Sir Pierce Crosbies came to the Board by motion of my Lord alone or that any other moved him in it or conveyed it to him He answered I cannot charge my memory where it had beginning but as I remember My Lord Deputy Wandesford that died last and Mr. Wandsford and Sir George Ratcliffe were movers of it but whether it moved originally from them or from my Lord himself I know not I rather believe it proceeded from my Lord Deputy as being proper for him The Lord Mountnorris sworn and interrogated whether he was present at Council-Table when Sir Pierce Crosby was sequestred from Council-Table and for what Reasons he was sequestred He answers I was then present at Board and he was removed on Complaint made by Sir George Ratcliffe at the Board touching his Voting of a Bill in Parliament And when he said it was not spoken like a Councellor he said he would answer it to him that made him a Councellor That was the effect as I can remember of his Accusation and there were several others that testified the same words that Sir George Ratcliffe accused him of and that was the reason he was sequestred by most Voices at Council-Table though he had many Votes with him And being further asked what my Lord of Straffords Vote was He answered It was for his Sequestration Mr. Nicholas Barnewell sworn Being asked whether for his delivering his Opinion in Parliament Sir George Ratcliffe did ask whether the said Mr. Barnewell's house was capacious to receive 500 men to be laid upon him intimating thereby that he must look for Soldiers to be laid upon him for that reason He answered There was a Debate in the House concerning certain Boroughs sequestred from the House by reason of a Judgment in the Exchequer which the House conceived an Erronious Judgment and were of Opinion that the old Boroughs should be called in I was of that Opinion Sir George Ratcliffe was of another Opinion and would have another question debated And coming out of the House he asked me Will not your House hold Five hundred men I answered you know what my house will hold as well as my self and I smiling at it he answered But it is no laughing matter you shall have 500 men laid on you I desire it may be asked when this was spoken He answered It was in November last and that my Lord of Strafford was not then in the Kingdom Mr. Pym observed That the Spirit of my Lord of Strafford could move in Sir George Ratcliffe wheresoever it was spoken And Mr. Barnewell added it was done in November then last In the next place We shall shew the untruth of that part of my Lord of Straffords Preamble that says The Soldiers in Ireland are disposed with so much contentment to the People that they are no burden to them Mr. Egor was called for a Witness and Sworn Being interrogated whether he knew of any Soldiers Billetted in Dublin whether they were not a Grievance whether that City hath not a special Charter of Exemption He answered May it please Your Lordships the City of Dublin doth bear the Charge of 40 Horse and pays to them 45 l. a month for Billetting which is conceived they should not bear in regard they have a Charter that says Nullus Mareschallus Capiat hospitium intra Civitatem and therefore they conceive it a heavy burden and it is as much as a Subsidy And another part of the City standing in another County pays 10 l. a month so they pay in all 55 l. a month I humbly desire he may be asked whether before my Lord of Straffords time and as long as he can remember The Lord-Deputies Foot-guard and Horse-Companies were not Billetted in Dublin He answered To the Foot-guard when my Lord of Faulkland was there they gave Lodging continually but it was never drawn to matter of money And till now we had never Horse upon us except it were for a month or so In the next place We humbly desire the Remonstrance of the Nobility and the House of Commons in Ireland might be read as Testimonies of my Lord of Straffords Justice I desire to know whether questions are to be asked of matters not contained in the Charge as the Remonstrance is not My Lords The Subverting of the Laws and Corruption in Government and Justice is generally laid in the Charge and he hath answered that he hath administred Justice with Integrity And this we produce to shew That the frontespiece of his Answer is in that part untrue To prove the Truth of the Copy of the Lords Remonstrance now produced the Lord Digby of Ireland was Sworn and he on his Oath said That the Copy
asked what was the sum and how long was it kept He answered The sum as I take it was 19000 l. on one Bond and 5000 l. on another and as I take it it was in the year 1638. Being asked again how long it was kept He answered It was paid lately within these three months Whence observe it was since the questioning of him in Parliament The Parliament proves a good Officer for the King there I shall reserve my self to give full satisfaction to this in its proper time it being part of my Charge But at present I desire Sir Adam Loftus may be ask'd the question Whether when I came into that Kingdom the constant Revenue fell not short of the constant Charge at least 20000 l. a year We except against Interlocutory discourses and having now concluded this part of the Charge we desire that if my Lord of Strafford would say any thing in answer to what hath been now said he might say it presently else we should be on great disadvantages My Lords I conceive the Proposition to be fair and it is that which I desire my memory being weak and not versed in these kinds of Proceedings I intended to have made it my humble suit for longer time to Answer to this days Proceedings but shall readily Answer every particular Article in order as they go along and shall obey and observe the Order proposed But as to these things which I did not expect as the Remonstrances and other Matters opened being not in this particular Charge I humbly crave Your Lordships leave and liberty to recollect my self and then I will give them the best Answer I can For to Answer them suddenly I confess I am not so well fitted as I trust I shall be And I desire leave to say in the presence of Almighty God That I shall desire to be delivered from the Afflictions that God Almighty hath laid on me for my sins no other way than as in the Intention of my heart and Endeavour of my mind I have been most faithful and true to His Majesty and the Common-wealth and I well trust and hope that by the time all these things come to conclusion and have been fully heard I shall recover in great measure the favour and good Opinion of the Honourable House of Commons in which House I have spent a great part of my time And I doubt not but it is known to divers that sit here what my Carriage and Behaviour hath been there And I desire no more and I am sure it will be granted they are so just and good but that they will reserve towards me an Opinion of Charity that I give such an Account as may preserve me to be the same in their Opinion that I was formerly I was never yet Impeached in my private Conversation of untruth and hope they will think of me charitably till they have heard the whole business and I doubt not but I shall take off in great part their hard Opinion and procure to my self their Compassion and Favour and that I shall go in peace and quietness to my Grave leaving all publick Employments whatsoever And I humbly beseech the House of Commons to incline a gracious Opinion to me so far forth that I am the same man in Opinion that I was when I was one of them and I doubt not but this out of their Nobleness and Goodness they will afford me But for these particulars I humbly crave that with Your Lordships good leave I may have a little time with my self to consider them because they be new and for the rest I shall obey Your Lordships Order and give them thanks No Exception is taken but to what is affirmed in his own Answer and the Commons will think it another mans Answer and not his own if he be not ready to make good the Truth of it These things should not be new for every man should be ready to maintain his own Assertions I am My Lords in an unknown way being not versed in these things if I might have had the Assistance of Council it would have been a great ease to me but it is not possible for me to recollect all which the Worthy Gentleman hath said so materially and with so much weight Matters of Fact I could answer to Article by Article but to answer presently so great and tedious a discourse so well delivered and so weighty I profess I am not able my Memory being not able to carry it But if Your Lordships would please out of Your Nobleness and Goodness to give me Respite to recollect my self to these things that be Generalities I should be able to give a good Accompt thereof protesting seriously That I think every part of the Preamble to be very Just and True and I hope under favour to make it appear so when I shall shew those things which have not yet been so fully informed and known as I trust they may be hereafter My Lords We humbly desire that since my Lord of Strafford is not ready to give Satisfaction to what hath been disproved in his Answer we may proceed to that which he is ready to give Answer and Satisfaction to and that my Lord of Strafford might understand That if he Answers not now what hath been said concerning the Preamble he must have no time to Answer it hereafter I Appeal to Your Lordships and I renew my Request That I may for these have time to recollect my Thoughts till next day If it may not be granted I beseech Your Lordships to bear with many of my Infirmities being very great both in Body and Mind and to consider That my sad Condition doth some way plead for a little Compassion and Favour I being in a way I was never in before and having not the great Parts that others have Yet rather than I should be thought to Abuse Your Lordships with Untruths I will do the best I can to maintain my Answer presently being confident through the Blessing of Almighty God that though the particulars thereof are delivered with a great deal of Weakness and Disadvantage yet Your Lordships shall find them Truths my own Heart I protest before God telling me so and hope that God will give me Help and Assistance to make it appear so And other than that I desire not to be for if I were the man I am represented I were not worthy to live I confess the Honourable House of Commons have proceeded against me with all Reason and Justice that can be being informed as they were they could do no less if they had done less they had not performed their Trust with that fulness they should and therefore I find no fault with them But I beg leave to express a Truth as well as God shall enable me hoping it will appear that all I have said is true as all is true to my knowledge And I know it is in the Heart of
things are not proved when any thing we urged is contained under an Article for then he refers the proof when he comes to the Article as many things concerning the Lands of the Clergy will be made good in the proofs of the proper Article That he hath preferred many Divines that is no part of his Merit nor takes away his fault though it be true That for the Value of his living we never heard of it till on this occasion but be it small or great it is nothing to justifie my Lord of Strafford being offered to this purpose That though his Lordship were careful of the Lands of the Ministers He was not careful of the Ministers themselves in suffering a Groom to execute that high Function Ministers being not to be chosen according to the Quality of the Living but according to the Quality of the Function That for the matter of Monopolies if his Lordship do stop any he may stop them for sinister Reasons and Respects and however there is no Compensation doing his Duty in one thing not satisfying for Neglect in another And then concluded That what we have not now replied unto shall be made good in the Charge and ought not in their Lordships Opinion make my Lord of Strafford more plausible for the Charge shall be made good against him in the truth of the Fact and the Aggravation of it Hereupon the Court was Adjourned and the Committee directed to proceed to the Proofs conducing to the particular Charge the next Morning The Third day Wednesday March 24. 1640. Gentlemen YOU who are of the Committee to manage the Evidence against the Earl of Strafford I am to acquaint you Their Lordships have considered of that point of Sir Pierce Crosby his being examined as a Witness and my Lord of Straffords Exceptions and have resolved that he shall be Examined and that the Validity of his Testimony shall be left unto their Lordships Judgments Your Lordships have with great Patience attended the Charge that hath been read and the Answer and the Exceptions taken to the Preamble which my Lord of Strafford to ingratiate himself did make to the main of his Defence My Lords I shall repeat little of that that hath been said only pardon me if I say this to Your Lordships That wherein my Lord of Strafford answered to very many particulars yet to that one main he answered not which was principally objected against him which I therefore speak to put him in mind of it that if he can he may Answer And that is Your Lordships were pleased to hear the Complaint and Protestation of the whole Kingdom of Ireland read before you The principal of their Aim seems to be to take off the Extolling of my Lord of Strafford that himself or his Agents had put upon him in a Bill of Subsidies wherein indeed the Praise and Honour due to His Majesty was much Attributed to my Lord of Strafford which grieved the Parliament who would take it off and my Lord of Strafford is now willing to lay it down and he doth well to do so when he can keep it no longer when those from whom he took it by fraud or force would wrest it again from him I desire Your Lordships to remember and I am sure you will That the main of our Complaint is His alteration of the fundamental Laws against Will His introducing of new Laws at his Will and Pleasure This is not only the Cry but the Testimony of a whole Kingdom before Your Lordships of all the Lords and Commons of Ireland I shall not touch that which concerns breach of Priviledge of Parliament he would fain put that off on Sir George Ratcliffe his bosom Friend and put it off himself My Lord of Strafford Sequestred Sir Pierce Crosby from the Council his Vote went with it others joined with him but I am sure he moved it he concurred with it But now My Lords I humbly Address my self to that we are ready to maintain The Body of the Charge And because some time hath been spent between the reading of the Charge and the main of the Defence I desire leave to open what is the Nature what the Height and Quality of the Offence of which this great Lord stands Accused before you My Lords It is a Charge of the highest Nature that can be against a man A Charge of High Treason It is a Treason not ending and expiring in one single Act of a discontented Heart but a Habit a Trade a Mystery of Treason exercised by this Great Lord ever since the Kings Favour bestowed on him My Lords It hath two Evils to deprive us of that which is good that is to subvert and take away the fundamental the ancient Laws whereby we are secure of whatsoever we do enjoy it hath My Lords a positive Evil in it to introduce instead of that an Arbitrary Government bounded by no Laws but by the Evil Councels of such Ministers as he hath been My Lords It is the Law that gives that Soveraign tye which wâ— all Obedience and Chearfulness the Subject renders to the Soveraign It is the Law My Lords that gives Honours to the Lords and Nobles Interest Property and Liberty to the Subject My Lords The Law as it is the Foundation and Ground of all these hath its distribution in a course of Justice Justice is derived as by so many Channels by the several Courts of Justice whereby the Kings Justice for it is His is brought and conveyed to the Subject My Lords Of all this hath my Lord of Strafford endeavoured not only to put the Subject out of present Possession but to make him uncapable of the future Benefit of it Other Treasons yea a Treason against the Person of a Prince which is the most Transcendent and High Treason that can be fall short of this Treason For a good Prince may be gathered to His Fathers yet another may succeed Him that supports the Glory and Justice of His Throne We have had Experience of it When blessed King Iames was taken from us to Heaven Sol occubuit nox nulla secuta est But if any one such a design as this should take effect That the Law and Justice should be taken from the Throne and Will placed there we are without hope of ever seeing Remedy Power in so great a measure taken is not easily laid down unless it be by the exceeding great goodness of so merciful and just a Prince as we have My Lords The Particulars of this Treason are Conveyed to Your Lordships in 28 several Articles I shall shortly and briefly touch but the Heads of those on which I shall insist and give some distribution of them And I think the best way will be this To consider first what he did and what he said before he went into Ireland then what he did and said there and what he hath done since And in all of them you will find this his main design which I
have opened That Law might no where stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction In taking on him a Power to make Laws In Domineering and Tyrannizing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might Your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall now come to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Iac. which the then Lord Deputy had in which was that Legal phrase Secundum antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estatâ— That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions than no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the Kings Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State should serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing The Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Councels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The Kings little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majesties Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not that disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we present next is a Peer of the Kingdom thrust out of his Possession by my Lord of Straffords Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Straffords Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these
by divers men that my Lord of Strafford was much offended with him and some spoke it to him by way of Threat some others by way of Advice and Friendship That he should give over moving for Prohibitions which he did not understand to be a fault since the Justice of the Kingdom was that they should be granted and it continued a matter of a year after That then he took an occasion to go to my Lords House to Gantropp and his Errand was partly to present his humble Duty and Service to his Lordship and in the second place if he could have opportunity and if his Lordship would please to speak with him to give his Lordship satisfaction in any thing he had done in that particular because it was conceived he opposed the Jurisdiction of that Court. That after he had the Favour to speak with his Lordship which was long first He was pleased to say no otherwise than thus I have nothing to say to you you are one that oppose me But at the present I have eased you of the Office of Justice of the Peace so you need not trouble your self with that That he did humbly thank his Honour for it for howsoever he meant it he took it to be no dis-favour but a Courtesie he having been in three or four years but not executing any Authority it standing not with his occasions And his Lordship added Hereafter you and I shall speak further of the businesse That afterwards his Lordship met him in London in the Inner Star-Chamber he then attending on a motion day before the Lord Keeper amongst others of his Rank That my Lord President was pleased to come behind his back and lay his hand on his shoulder and said I Command you not to depart the Town That the words were something strange to him and not understanding well what his Lordship meant by it he instantly went to his Lordship and desired that he might know his mind he not very well hearing him That his Lordship repeated the words again I Command you not to depart the Town That for a matter of a Week or such a thing he did attend under this Command And then applyed himself to his Lordship by all Means and Friends that he could He Petitioned three or four times he is uncertain which He made means by Persons of Quality to his Lordship That his Lordship would tell him the place where he was to attend or the Cause for what or the Person before whom but his Lordship was not pleased to give him any satisfaction only thus much he received That he was one that did oppose his Lordship and he should attend Seeing there was no Remedy he made his Address to a Noble Friend present and acquainted him with the business who was pleased to take the matter so to heart as to move it to his Lordship That then he conceived the fault he had committed The not paying the Knighthood money in York-shire And his the Deponents Answer was he had offered it but was not chargeable by Law for he had not 40 l. a year three years before the Coronation as the Writ did enjoyn He speaks now of that which is not in the Charge which ought not to be We desire he may proceed leaving it to Your Lordships to sever that which is material from that which is not material F. Thorpe proceeded and said He could not say he punished him for the Prohibition but he conceived all did follow because he moved sometimes for Prohibitions And that he had opposed his Authority and Power in York-shire I Appeal to Your Lordships Judgments whether it be not out of the Charge Mr. Thorpe could not search my heart to know the Ground of the Offence The Charge against my Lord of Strafford is not only the Executing of these Instructions but also the exercising of an exorbitant and unlawful Power and Jurisdiction over the Persons and Estates of His Majesties Subjects To which the matter offered by the Witnesses is material The Lord Steward speaking to the Witness said Apply your self as much as you can to the point in question F. Thorpe proceeded and said That he conceived the Question was asked him generally What he could say concerning Prohibitions or them that had to do with them That no man living hath less desire to speak of my Lord of Strafford than he had and if he had not been asked this Question on his Oath and before that Presence and on this Command he should not have said it For what he said now he never had spoke before and with what Sorrow he came now to speak it he knew and said that he spake not this to any other purpose but only That these things which were done were done on the occasion of the Prohibitions For the matter of Knighting-money though it were made the cause of staying him in London yet under favour he said That was not nor could be the Cause For he had offered it below in the Country only thus That he was not Chargeable by Law but very willing to pay it if my Lord would have him pay it so he might comply with his Lordship or serve any occasion wherein his Lordship was employed And therefore that of Knighting was the occasion taken yet he conceived that was not the true occasion And lastly that after he had been kept 12 or 14 days under this Command his Lordship was pleased on that which passed between that noble Lord my Friend and his Lordship to give him leave to go home and then he paid the money We desire the Witness may not conceal any thing but speak it and being demanded accordingly F. Thorpe answered There was another particular happened on him and though another occasion was taken part came from the said Root but he desired to be pardoned in not speaking of it Being required to speak and to set forth what time this was and what that Noble mans name was who upon my Lord of Straffords motion procured him liberty F. Thorpe answered That he conceived the time to be about the Knighting-money business and the Lords name was My Lord Goring Your Lordships may observe this was long before the Commission in 8 Car. and some two years after my Lord of Strafford came to the Place Being Interrogated further Whether he or his Clients have forborn to move in that Cause of Prohibitions out of fear of my Lord of Strafford He answered For his own particular he hath forborn and durst not adventure it nor any that had to do with him in those parts as he knew durst move till of very late For he knew very well the price of my Lord of Strafford's displeasure Being asked if he knew any thing of the Case of Leyton about a Prohibition He answered He knew nothing of it I humbly desire with your Lordships leave to interpose a Question We desire that our Witness might first be
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
I crave Liberty to explain my self That I said not they were brought to the Council-Table to be judged but that consideration might be had Whether there was ill usage and extortion practised under colour of them or no whether any thing were done that hindred the growth of that Town and the good of the People and the Protestant Religion that it might appear how the business stood in point of State but to give a judgment upon them in Law it was never in my thoughts Robert Lord Dillon being then asked Whether the Charters of Dublin have not been brought before the Council of Ireland there to be considered concerning the Validity of them and whether it did not appear that for divers Occasions Exactions and Tolls and by-Laws and other abuses in the exercise of these Charters they did not appear to the King 's Learned Council and others learned in the Law to be void He Answered That it was a question he did not expect and yet being called he should faithfully and freely tell his knowledge of it to his best remembrance That he doth remember very well that the Charters of Dublin have been brought to the Council-Board and argued strongly against by the Kings Learned Council That there was one particular of 3 d. Custom challenged by the City which endured a very long debate That it was argued against them That they exercised by-Laws contrary to the Common Law of the Land and that divers other things were urged against them but he remembers not the particular determination of the Board upon the question Being asked severally what time those Charters were so brought and how long after my Lord of Strafford's coming into Ireland He Answered That he precisely remembreth not the time but he takes it to be five or six years ago something more or less and he thinks about a year or two after my Lord of Strafford's coming but he remembers not the time not expecting to be Interrogated in it We desire your Lordships to observe That the words were spoken before the Charters were brought to the Council-Board It follows not That because they were questioned at Council-Board afterwards I did not therefore know them to be void when I spoke of them for they were complained of in Parliament as great Grievances in the exercising of them and to that purpose I desire my Lord Dillom may be heard And being asked what he knew concerning the Charters of Dublin being questioned in the Commons House for divers Oppressions unlawful By-Laws and other ill usage of their Liberties He Answered That he was a Member of the first Parliament after my Lords coming into Ireland 1634. After this Visitation of the Mayor some half an year but he knows not the time precisely That divers Members of that House did object divers Misdemeanors in misâ—sing the Priviledges of those Charters That the particulars were several By-Laws which they did execute contrary to the Common Law Another was that by the Priviledge of those Charters they excluded divers of the Tradesmen that came out of England to set up Manufactures there which was conceived a great Grievance to that Kingdom Another was that having the Government of that Town being a Navigable Port they permitted the Soil to be emptied into the River without care or regard That at the time of the Presentment of the Mayor my Lord took occasion to advise and advertise the Mayor of several Defects in that Town and divers of the Commons House of that Parliament are here that were present Hence observe the Reason and Grounds of my Exception to these Charters and the Effects of questioning them which were two First By this means I am perswaded and thereof I beseech the Honourable House of Commons to take notice as that which is reputed my greatest Crime in Ireland there be three Protestants in Dublin at this hour for one that was there when I came over for the Townsmen did keep all the Trade and ingross all the Manufactures into their own hands and being Natives and Romish Catholicks did depress the English that strangers out of England had little advantage of Trade And whatsoever any man may say or think on Information from persons that do not love me who are Members of neither House for so I desire to be understood when I speak of persons unfriendly to me I complain of nothing that is or shall be done me here but will leave it all with thankfulness to God Almighty and with that Duty and Reverence to this House that becomes me It will be known hereafter when I perhaps am in my Grave that my greatest fault in Ireland hath been my extream Zeal to bring them to conform with the Church of England which by that means hath provoked a great deal of Displeasure And secondly I observe That this argues no great malice in my heart nor desire to oppress the King's People when I shall tell your Lordships That to this day those Charters were never legally questioned but are enjoyed So far was I from pressing rigorously any thing against them I desiring nothing but Reformation and to have them what they ought to be and to leave them not less but more happy than I found them And if I should serve there again as I hope I shall serve only God Almighty and my Master with my prayers they should be freed from all exactions and misusings of them tending to the prejudice of the Town the King's Service and the Service of Almighty God And so I hope I have made a clear Answer to so much as was charged to free my self from guilt of Treason reserving to my self the advantage of having my Counsel heard in proper time to the matter of Treason in point of Law according to the liberty your Lordships have afforded me Next I shall proceed to that which is proved and no way charged which I forbore to speak to the day before as holding it an impertinent expence of time to your Lordships and a spending of my own spirits which God knows are weak and infirm indeed If I were permitted to speak this morning to all the things extrajudicially formerly offered I should give a free and clear Answer But suffering by my Ignorance and silence then I now desire leave to Answer those things that came de Novo and that by three Witnesses touching words spoken at another time to both Houses of Parliament I confess it to be true that the second day of the last Parliament but this that is now sitting I had the Honour to sit as His Majesties Deputy and it was the greatest Honour that ever I received and I should be loath to say any thing sitting in that Place that should not fully comply with the Goodness Clemency and Justice of His Majesty or should mis-represent Him in any kind to his People in another sense or to other purpose than his own Great and Princely Vertues do Merit and Deserve And that all
I said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted
Lord Robert Digby being asked Whether at the Parliament at Dablin or any other time he ever heard my Lord of Strafford speak those words He Answered That he never did that he doth not know whether he was present at that time or no that he did diligently wait but doth not remember the words nor occasion but he thinks he was not present Your Lordships have heard my Lord of Strafford's Defence with much patience That he hath said nothing that takes off the Charge but some things that aggravate it That he would answer the Particulars as his Lordship had propounded them And first he observed That his Lordship denies not the words Charged which makes greater way for proof of them He informs of the ill Fortune of other Governors that one was Attainted and the Informations afterwards retracted that my Lord of Faulkland was complained of yet a Noble and good Governor against whom or any Deputy we can say nothing But what is this for my Lord Strafford to say Others were questioned therefore he is Innocent These were complaints of particular men This against my Lord of Strafford is the complaint of all the Commons of England It is said here is no Treason in this Article no Argument of Treason but the Commons never pressed these words singly and dividedly to be Treason but take all together they discover that Disposition that Counsel that Resolution that my Lord of Strafford had taken on him the ruine and subversion of the Common Law in both Kingdoms It is said an Answer is put in and no Replication It is true in other Courts if you go on Bill and Answer the Answer is taken pro Confesso but the Commons desire not to bind up my Lord of Strafford with Formalities but by the substance of their Charge they have averred their Charge which is as much as a denial of his Answer To there being another Government in Ireland than in England my Lord himself spoke of it by himself but he thinks it will not be material to this purpose for whatsoever it is some Government there is but the Speech of my Lord tends to take away all Laws for they must expect Laws as from a Conqueror in that Limitation For his referring it to the time taking it in the sense that the then Conqueror might do what he pleased that 's true and justifiable But that is to suppose the words otherwise than they are being spoken not of the Kings that were before but of His Majesty that now is My Lord would make an Argument his words were well accepted because Mr. Slingsby heard nothing to the contrary the words had much Acrimony and Sharpness and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so or forbear any Complement to him though he had been displeased with him But if that be material the Witnesses that have proved the words will tell Your Lordships it was resented with a great deal of Grief and Sorrow in all the hearers His Lordship justifies what was spoken of the Charters on these grounds First That the Witness said they were Antiquated Charters and therefore did not bind whereas it was a scornful Epithite their Antiquated and Worm-eaten Charters did not bind It is said they were void through negligences questioned at Council-Table complained of in Parliament But they must take the words to pieces not altogether Had he spoken of the Charters alone that they were void Charters it were no crime no indiscretion But take it with the occasion and connexion it admits of no such mitigation or interpretation He tells them they are a conquered Nation and they must expect Laws as from a Conqueror And they are a conquered Nation and their Charters are no further good than the King pleases It is said It is strict to answer presently what may be objected and the Examinations are extrajudicial we doubt not but Your Lordships will justifie-our Proceedings nor is there any strictness in them for if a man be questioned of a Crime and several Evidences be brought to make up this Crime some concurrent some precedent they will be allowed of in other Courts It being never used to set forth in a Charge all circumstances of Proof The main is produced and this is an Evidence to prove that and it is within the Charge for there is a Charge that he corrupts the Laws and Government Then my Lord produces divers Witnesses who speak in a different sense Sir Robert King heard nothing another that he remembers nothing and if he remembers nothing it may as well be said of the rest That there might be something they did not hear or remember for they speak no more but they did not remember There may be something they forgot as well as another forget all My Lord Ranulagh says He remembers the first words and something as spoken of the second but he cannot tell how far So that there is rather a doubt that something was spoken to that purpose than otherwise The Lord Digby was not present Sir George Wentworth remembers not the words he hath a Copy of the Speech and is confident the words were not spoken But they were not spoken in the first Speech whereof there was a Copy when the Petition for the Laws was delivered And this is an Aggravation against my Lord of Strafford that by his own shewing there was an Exception taken when he spoke in a milder sense and to advance His Majesties Government it had an ill impression and was taken notice of and the Exception delivered to himself Now if after Exception taken to a Speech delivered in Parliament cloathed with so much mildness he in the same Parliament as soon as Subsidies are granted shall tell them they are a conquered Nation and shall not have Graces but such Laws as the King will give them This puts the Offence in higher terms than before so far are they from mitigation of the Offence We desire Witnesses may be heard concerning the circumstance of time Mr. Fitzgarret produced and Sworn Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons concerning the Laws and how in time it followed the publick Speech at the beginning of the Parliament and what Answer was given to it He Answered That he was then a Member of the Commons House and present when the Petition was delivered But after the House of Commons had given the King six Subsidies the House of Commons entred into consideration of Petitioning for such things as were necessary and expedient for the Common-wealth as they thought this Petition was preferred to the Lord Deputy a good space of time after the Subsidies were granted and Advertisement sent to England of the good service done in obtaining those Subsidies from the House of Commons That he remembers not any part of the Answer given There was an Answer given in Writing either at Council-Table or in full Parliament from the House of
Lords but that he spake only to the point of time My Lord of Strafford did here affirm it to be most certainly true That the Petition concerning the things Mr. Fitzgarret mentions was delivered at Council-Board and not in Parliament and desiring Mr. Fitzgarrets further explanation of himself He Answered That he conceives there were two Petitions one as he thinks concerning the performance of the Instructions of 1628. whereunto an Answer might be given at Council-Board and he believes it was subscribed by many of the Council There was another Petition of Grievances seeking redress of them and to whether of these his Lordship gave an Answer in Parliament he remembers not but believes there was an Answer made to both or one of them in full Parliament The Lord Gorminstone being demanded at what time and on what occasion my Lord of Strafford spake the words he was examined on before in the Parliament at Dublin He Answered A Petition was delivered to my Lord of Strafford and he spake to the House wherein he spake the words that he had formerly related That they must expect Laws as from a Conqueror and that the Instructions published for the setling of that Government were procured by a company of narrow hearted Commissioners That he did not then remember the certain time but he is sure it was in Parliament and so resented that almost all took notice of it when most part were English and British Extractions and very few Irish. The Lord Killmallock being demanded to the same purpose Answered That he conceived the occasion was a delivery of a Petition to his Lordship It is true it was not delivered in Parliament nor were the words spoken at the Council-Table where the Petition was delivered But he conceives it was on occasion of delivering that Petition that his Lordship speaks For after the Petition was delivered three or four days after his Lordship came to the Parliament House he called both Houses before him and there delivered these words That Ireland was a Conquered Nation and therefore must expect Laws as from a Conqueror Adding further That the Book of Instructions meaning the Book Printed in King Iames His Reign for the orderly Government of the Courts of Justice was contrived and procured by a company of narrow-hearted Commissioners who knew not what belonged to Government The words he said he remembers very perfectly as having great misery on his heart in the speaking And whereas it is said none did take notice of them They did but they durst not it wrought inwardly and had they spoken of it they expected no redress but a greater addition of calamity to them We shall now proceed and observe That this Article touching the Laws of Ireland gives the ground-work of what follows in the subsequent Articles concerning Ireland And first We desire Your Lordships to take into remembrance That though Ireland differ in some particular Statutes from England yet they enjoy the same Common Law without any difference That by the Statute 28 H. 6. in Ireland It is Enacted That every Cause shall be remitted to its proper Court It is true the King hath this Prerogative not to be tied to sue in the Kings-Bench but may sue in any Courts of Justice for matters Triable in the Common-Pleas or Chancery or Exchequer all Courts are open to him wherever he will have his Cause judged but with the Subject the proper Cause must go to the proper Court and according to this the exercise and use is continued in that Kingdom Some Incroachments being made King Iames of blessed memory took consideration of it he appointed Commissioners and Instructions were Printed in pursuance of this A Noble Earl now present Justice Iones Sergeant Crew and divers others were imployed in that Service These Instructions as they remit the Causes to the proper Courts so they declare that it had crept in at the Council-Table in latter times to take Oaths but direct that it shall be forborn for matters of Interest and Complaint between party and party and matters of Title And it stays not here but a Proclamation is issued to the same effect This Statute these Instructions and this Proclamation we desire may be read Accordingly the Statute was read whereby it was ordained to the Governour of the Land or other Officer for the time being He that accuses shall find sufficient sureties for the damage of him that is accused and if it shall be adjudged that the Suggestion or Accusation is not true c. And also that he that is Arrested may go by Surety or Bail till the matter be determined And if it be matter of Treason or Felony to be remitted to the Kings-Bench if Conscience to the Chancery if Franchise to the Seneschal of the Liberty if for Debt to the Common-Pleas c. saving the Kings Prerogative Then part of the Instructions were read published 1622. wherein it is Ordered That the Council-Table shall keep it self within its proper bounds Amongst which the Patents of Plantations and the Offices on which the Grants are founded are to be handled as matters of State and to be determined by the Lord Deputy and Council publickly but Titles between party and party are to be left to the ordinary course of Law and neither Lord-Deputy Governour nor Council-Table hereafter to intermeddle or trouble themselves with ordinary businesses within Cognizance of ordinary Courts nor meddle with possession of Land nor make or use private Orders Hearings or References concerning such matters nor grant Injunctions nor Orders for stay of Suits at Common Law Causes recommended from the Council of England and spiritual Causes concerning the Church excepted Then the Proclamation was read dated November 7. 1625. whereby it is commanded That the Deputy and Council-Chamber in Ireland then and from time to come shall not entertain or take consideration of any private Cause or Causes or Controversies between party and party concerning their private and particular Estates nor any Cause or Controversie of that Board which are not of that nature that do properly concern matter of State But that all Causes and Controversies of that nature moved or depending between party and party concerning private and particular Interests be proceeded in in the ordinary Courts of that Kingdom respectively to whom the Cognizance of these Causes and Controversies doth belong c. For that Objection from the Opinion of my Lord Cooke in Calvins Case if it were an Opinion to the contrary in an Argument it is no binding Authority But that Opinion is nothing at all against what hath been said for it is express That Ireland did retain the same Common Law with England It is true Ireland hath Statutes and Customs particularly retained and so there be divers particular Customs in England that differ from the Common Law yet are approved and allowed in it as in Wales and the Custom of Gavel-kind and the Common Law which is the general Government is the
same If there be any Statute that gives my Lord of Strafford as Governour alone power to take Cognizance of meerly private Causes it is something to the purpose to say there is a particular Statute but till that be shewed he hath in this erected an Arbitrary Power And so he concluded the Reply and the Third Article THE Fourth Article The Charge THat Richard Earl of Corke having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper Petition without Legal procéeding did the 20th day of February in the 11th year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to Imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said 11th year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Corke claimed in certain Rectories or Tythes which the said Earl of Corke alledged to be of no force said that he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and did question the said Earl of Corke in the Eastle Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his Words and Spéeches Arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government ONE of the Managers opened the 4th Article and said The former Articles shew my Lord of Straffords Words this his Actions This Article concerns my Lord of Corke's being disseized of an Impropriate Rectory upon a Paper Petition to my Lord of Strafford and referred to the Council-Table the Earl of Strafford saying upon the questioning of the Proceedings thereupon That neither Law nor Lawyers should question or dispute his Orders an Order of Council-Board in King Iames his time enjoyning That no Parson Patron or Ordinary should make a Lease for longer time than the life of the Incumbent was made use of as a ground to dispossess the Earl of Corke In the first place We desire to open the Proceedings at Council-Table before my Lord of Straffords time viz. That in no case concerning Land no Decree hath been there made to bind up the party for remedy at Law The Lord Ranulagh being interrogated whether by the course of Proceedings at Council-Table the Deputy and Council have determined Title of Land and Possession and interrupted the parties to proceed at Law He Answered That he hath observed the course of the Board for 22 years and the course was That if Title of Land between party and party were in debate It was commonly dismissed from the Board with a leading order to be tried by course of Common Law Being asked whether a Deputy alone hath determined private Interest He Answered That he cannot positively say whether it were done privately but to the best of his remembrance he knows not that ever any Deputy determined any matter of private Interest but brought it to the Board though by reference or private proceeding it might have proceeded before it came to the Board My Lord of Strafford desired he might be asked whether he ever knew that any matter of Inheritance was ever by himself and the Council determined whilst he was Governour there that was barely Title of Land and nothing else He Answered And desired to explain himself concerning the former That Causes of the Church and matters of Plantations were resolved in former Deputies times to be dispatched at the Board And for the latter question he never knew matter of Title determined at the Board but in Causes of the Church and Plantations My Lord of Strafford desired he might be asked whether as President of Connaught he did not familiarly on Paper Petitions rule all things in the same nature as the Deputy on Petitions to him The Fifth day Friday March 26. 1641. AFter consideration of this matter by their Lordships it was resolved in the Upper-house That my Lord Ranulagh ought not to be examined on that point it tending to an Accusation of himself The Earl of Corke being Sworn and questioned touching my Lord of Straffords words to him upon his excepting against the Orders made upon the Petition touching the said Rectory His Lordship Answered That he had been in Possession as Tenant of the Crown thirty five years of a Rectory and certain Tythes in the County of Tiperany for which he paid a yearly Rent and having enjoyed it so long my Lord presented to it Arthur Gwyn that had been his Coach-mans Groom That when he heard of it he went to my Lord privately and told his Lordship that he was His Majesties Farmer of those Tythes and paid a Rent and desired he might not be sued for them in the Council-Chamber but if a Suit must be ommenced that it might be in the proper Court the Exchequer That my Lord told him he should Answer it there That he did so and my Lord ordered it against him That a Commission went down and Examinations were taken And after my Lord had ordered it against him an Order of course was set down that Gwyn should have them till I recovered them by course of Law That thereupon I brought an Action against him and his Tenants who were Arrested and came to Dublin and then went to my Lord and Dr. Bramhill Bishop of Derry That thereupon I was sent for before my Lord Lieutenant that then was and my Lord Lieutenant told me Sir You have taken out Writs against Gwyn to whom I Ordered the Tythes of the Rectory I confest I had and desired to know why he aked me so adding that I am sure your Lordship will not take away my Possession by a Paper Bill without Trial. That my Lord of Strafford answered call in your Writs or if you will not I will clap you in the Castle For I tell you I will not have my Orders disputed by Law nor Lawyers Gwyn was a poor man and if he should get the Rents of the Impropriation into his hands I could not get them again And therefore I desired security That if by course of Law I should recover it I might have it again That my Lord of Strafford thereupon said It was very fit and just but the Order being brought unto me I said there was no such thing in the Order Being desired by the Earl of Strafford to repeat the last over again I say that
and acknowledged by my Lord of Corke to be Sir Paul Davis's hand Upon reading whereof my Lord of Strafford observed That it appears to be a Church-Cause That the Order was just and that the Clause for the Plaintiffs giving of Security to answer the mean Profits which my Lord of Corke said was struck out of the Order and for my Lord of Corke's liberty to bring his Action at Law only he was limited to prosecute it within a year Mr. Leake was produced by my Lord of Strafford and being asked what Authority he hath known the Council-Board in Ireland to exercise both before my Lord of Strafford's coming thither and since in Causes of the Church and Plantation and concerning Contempts to Proclamations and Acts of State and what Countryman he is He Answered That his name is Leake of Leake in the County of Nottingham where he said his Family hath continued 400 years That it is 14 years since he went into Ireland and before this Lords-Deputies time and before that time he did not observe any restraint from Injunctions on the Council-Board till the Instructions published and they did stay them That they proceeded by Injunction Process Bill Answer Examination and other Courses as in the Chancery of England And since the same course hath been held And my Lord of Strafford hath had in the Castle-Chamber divers Causes of Law argued before him concerning the Church wherein one Chadwick and divers others were convented thirty times when he the Examinant was there and heard them twenty he is sure but he thinks thirty But my Lord of Strafford did forbear to give Sentence till he heard these Causes argued That 14 years he hath been very well versed in that Kingdom that he hath known Injunctions have gone out from thence to stay Proceedings in Causes where they have Power of Jurisdiction that he hath known my Lord Chancellor Loftus that was to grant an Injunction without Bill and before any Complaint depended before him and that he himself had the Injunction granted Being asked about the time of his going into Ireland He said he went betwixt 1627. and 1628. Whence observe that the Witness hath made an Observation of the Instructions five years before he came into Ireland Being asked some other questions touching the occasion of his going into Ireland and how he came to take notice of the Proceedings there He Answered He hath been there at several times to pursue some Tenants of his that fled into Ireland and by reason of the Suits and Petitions he prosecuted in his own Right he had occasion to enquire after Proceedings there having been there for the most part of 14 years To the Statute of 28 H. 6. which the Commons have pressed as a Rule for the reâ—ing of Causes to their proper Courts and to annihilate all these Proceedings before the Deputy and Council and before the Deputy alone in his particular Jurisdiction in the nature of a Court of Requests in England I reserve my self to have my Council give satisfaction therein Only desire your Lordships to observe the last Clause saving the King's Prerogative These Proceedings are not against Magna Charta they being according to the Laws and Customs of the Land though it be not the Custom of England And if he hath been an Innovator it hath been to conform Ireland by all ways he could in Religion and Laws to the better and more excellent Pattern of England To the Objection made against Mr. Gwyn he is altogether unknown to me only was recommended to me and here is a Certificate that Gwyn is Master of Arts but that was not read nor insisted on To the matter of words Charged upon him He Answered That words without Fact can be no matter of Treason though of a higher nature then these That words are to be charged within a limited time 1 E. 6. Ca. 12. whereby it is provided That none shall be Impeached concerning Treason for words only if the party being within the Realm be not accused within thirty days If out of the Realm within six months c. Which Proviso his Lordship read and reserved to his Council farther to apply it For the words spoken to my Lord of Corke That neither Law nor Lawyers should dispute my Orders I conceive I might justifie the speaking of them if the Orders and Acts of State be justly warrantable and honourably made Yet it is improbable I should speak the words when the Order refers it self to Law If they were spoken they are at the highest indiscreet and foolish and it is a heavy thing to punish me for not being wiser than God Almighty hath made me For the last words That I would make the said Earl and all Ireland know That so long as I had Government there An Act of State made or to be made should be as binding as an Act of Parliament I observe my Lord of Corke's quick memory that could swear them roundly without missing a letter or sillable as they are laid in the Charge That these words are only in the Charge and so only to be answered to And for Answer I say That in case of an Act done they may be brought collaterally as an inducement to prove the intention But the Act must be proved before they can touch me as of Treason My Lord of Corke is a single Witness and by a Proviso 1 E. 6 Ca. 12. no person after the first of February then following is to be Arraigned c. of Treason c. for any words to be spoken after the said first of February unless the Offendor be accused by two sufficient Witnesses or should without violence confess them To the words spoken of by the other Witnesses being the same in effect I am not to answer being extrajudicially proved and spoken in other places and times than I am Charged withall Yet I think they might be fairly interpreted For if an Act of State be not made against an Act of Parliament or a Fundamental Law of the Land but consistent with it and made by way of provision for remedying some present Mischief in the Common-wealth till the Parliament may provide Redress for it They are as binding during the time they are in force as an Act of Parliament though I confess the Comparison is not good because they be made according to Law and Justice according to the Fundamental Laws of the Land wherein the Prerogative of the Crown hath a part as well as the Property of the Subject For if the Propriety of the Subject as it is and God forbid but it should continue be the second undoubtedly the Prerogative of the Crown is the first Table of that Fundamental Law and hath something more imprinted upon it For if it hath a divinity imprinted upon it it is God's Annointed It is he that gives the Powers And Kings are as Gods on Earth higher Prerogatives than can be said or found to be spoken of the Propriety or Liberty of
an Order made my Lord of Strafford threatned the Earl of Corke for Suing at Law That the Justification brought by my Lord of Strafford is an Aggravation restraining Liberty to Sue at Law to a year else to be concluded for ever Whereas my Lord of Strafford says he hath spoken unwisely but done nothing sure he that Threatens doth something and his Actions will appear in the next Articles For the Priviledge of Peerage It were to be wished he had known or remembred it sooner in my Lord Mountnorris his Case That though he says Acts of State are to be allowed for temporary provision till an Act of Parliament yet when things are propounded and rejected in Parliament shall he supply it by an Act of State We desire to examine one Witness more The Earl of Strafford excepting against it as not regular the Lords Adjourned to their House to take consideration of it And a little after returning the Lord Steward declared their Lordships Resolution That the Witness might be examined The matter in question arising from what was offered from the Earl of Straffords Defence Roger Lotts Sworn and examined what words my Lord of Strafford gave out when an Act for Powder would not pass in the Commons House and what Act of State was thereupon made He Answered That he had the Honour to be one of the Members of that Parliament that began 1634. and ended April 1635. That at the Close of that Parliament my Lord of Strafford then Lord Deputy told the House of Commons then sent for up That they had Voted against some Bills in the lower House amongst the rest that of Gun-powder where it was made Felony for any man to buy or have any unless he got a License first for it That my Lord afterwards told them That notwithstanding they had Voted against it yet he would make that and some other Bills they had Voted against Acts of State that should be as good and said he heard it was done afterwards but he doth not know that This Witness is something of Justification of my Lord of Corke's Testimony against which my Lord of Strafford hath made some Exception And the Lord Digby added something for the Justification of my Lord of Killmallocks Testimony against which my Lord of Strafford had likewise excepted And so the Reply was concluded To the Deposition of Roger Lotts my Lord of Strafford Answered I had received direction concerning Powder it being not conceived fit for Reasons of State to buy and have Powder at pleasure or that that Commodity should be so frequently brought into the Kingdom and committed to unsafe hands so in that point I did but what I was commanded out of many Reasons which I desire I may forbear to express it not conducing to my Acquittal or Condemnation And so the Lords Adjourned The Sixth day Saturday March 27. 1641. THE Fifth Article The Charge That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the Subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Freé-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm and namely the said Earl of Strafford the Twelfth day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Peér of the said Realm of Ireland and then Uice-Treasurer and Receiver-general of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and Kéeper of the Privy Signet of the said Kingdom a Sentence of death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the month of March in the Fourtéenth year of his Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to Death in Execution of the same Sentence THe Manager began to open this Article shewing That though my Lord of Strafford insisted on it That whatever his words were his Actions were not against Law This Article comes properly to reply to that Answer It charging him with exercising of a Tyrannical Power over the Person of a Peer of that Realm And first It was desired that the Sentence of Death against my Lord Mountnorris might be read which was attested on Oath to be that which was delivered by Mr. Secretary Windebanck upon the Commons humble Suit to His Majesty for His leave to have a Copy thereof That the Papers concerning my Lord Mountnorris might be delivered into the House occasioned upon my Lord Mountnorris his Petition to the House in that behalf The Sentence was read Reciting first His Majesties Letter Iuly 21. then last wherein notice is taken of the Respect due to the Deputy and General of His Majesties Army and of the Carriage of my Lord Mountnorris holding a Captains place in the Army in uttering Speeches inciting a Revenge on the Earl of Strafford Lord Deputy and Lord General and Command thereby given on receipt thereof to call a Councel of War and that the Lord Mountnorris should undergo such censure as the said Councel of War should impose for the Lord Deputies full reparation Secondly That a Councel of War was accordingly called the words are also set forth and the occasion as followeth That within three or or four days after the Lord Deputy had Dissolved the Parliament his Lordship sitting in the Presence Chamber one of his Servants in moving a Stool happened to hurt the Lord Deputies Foot then indisposed through an accession of the Gout which being spoken of at the Lord Chancellors Table one said to the Lord Mountnorris being there present it was Your Lordships Kinsman who is one of the Lord Deputies Gentlemen Ushers that did it Whereupon the Lord Mountnorris publickly and in a scornful and contemptuous manner answered Perhaps it was done in Revenge of that publick Affront that my Lord Deputy did me formerly But I have a Brother that would not have taken such a Revenge Thirdly The Sentence likewise sets forth That the Lord Mountnorris would not Answer the said Charge negatively or affirmatively though required by the Councel of War Fourthly That thereupon the Witnesses for proof thereof were called viz. Viscount Moore and Sir Robert Loftus who upon Oath deposed the same words to be so then and there spoken and the Lord Mountnorris at last submitted himself to the Councel protesting that whatsoever interpretation might be put upon his words he intended no hurt to the person of his said Lordship
for him towards the upper end of the Table And there stood charged with several dis-respectful words spoken by him and the words mentioned in the Censure that was read were the words That he was charged to have spoken those words in breach of certain Articles by which the Army of Ireland was Governed the 13th and the 41st That there was much interlocution from my Lord Deputy to my Lord Mountnorris and returned from my Lord Mountnorris to my Lord the substance was That he was ready to give his Charge That he had violated those Articles That my Lord Mountnorris desired time to answer by Counsel and that he might have his Charge in writing That being not readily granted he insisted on it That he might have time to prepare his Answer but was told it was contrary to the form of that proceeding But whether that Objection of the form came from my Lord himself or from some other Member of the Board that I heard before named I cannot possibly say But thus stands the state of it my Lord Mountnorris neither confessing nor denying the Charge my Lord Deputy replyed Sir If you do neither confess nor deny the Charge how shall we proceed The Deputy called on the Lord Moore and said What shall we say to this business My Lord saith the Lord Moore what I can say is under my Hand That a little time after a Letter was read from the King whereby His Majesty was pleased to give direction to proceed in a Martial Court for Reparation and Honour of the Lord Deputy on the Complaint and Information given to the King That my Lord Mountnorris instantly fell on his Knees expressing a great deal of Grief and Sorrow and in truth Passion and had not much to say for himself and soon after was bid to withdraw and being withdrawn my Lord Deputy said That as he had complained to the King so he would expect that Honour from the Board That his Cause should be taken into consideration and such Redress given as was fit He demanded Justice according to the Articles insisted on And having declared it there was a silence amongst us for some time That he was the first that brake that silence and in as humble manner and terms as he could light upon did humbly desire my Lord Deputy to give him leave to ask whether he would give leave to wave either of those Articles but my Lord said he would demand Justice on both That this being so there was some Interlocution of discourse among the Council and in truth he thinks that he was one of the first that said that these Articles and the words cannot bear so good a construction but that there may be some danger of a breach upon these Articles Being asked whether the words were not represented to the Council of War in a Paper written and the Testimony given in pursuance of that Paper He Answered That as he remembers my Lord Moore having made a return to my Lord Deputy My Lord What I can say your Lordship hath under my hand he thinks my Lord Deputy said My Lord if you deny it I have it under your hand to shew And thereupon as he remembers the Clerk of the Council standing by had direction to draw up some Interrogatories which my Lord Moore did acknowledge and Sir Robert Loftus too did affirm that they were spoken by my Lord Mountnorris as much as was mentioned in the Paper Being asked how many Companies of the Army were then in Town how many in a Company and whether they were exercised in a more than ordinary Training and how many Companies the Army consists of He Answered That he thinks the Horse-Troops were 40 or 50 at the most some my Lords own The Foot-Companies were 50. And of those Companies there were he takes it two Horse-Troops besides my Lord 's own Troop and four Foot-Companies they were called up to guard and attend our Occasions in Parliament and they did their Duties as Souldiers every day as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw and there are forty Companies of the old standing Army Being asked on my Lord of Straffords Motion Whether my Lord of Strafford did not declare he would not give Judgment in the Cause but Appeal to them as a Suitor for Reparation He Answered That my Lord of Strafford held them to the Point of the Articles demanding Justice on the Articles that he said sometimes he would depend on our Judgment in it and yet he would hold us to the Point of the Articles And further that if there were not a necessity of his being there he would have withdrawn too But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation but he held them to the Point of the Articles Being asked on my Lord of Strafford's Motion Whether he did not tell my Lord Mountnorris when he went out of the Room that he would not speak a word till he came into the Room again and whether he did not do it accordingly and whether he sate bare all the while as a Party and not as a Judge In answer he desired leave to offer to their Lordships that he acquainted their Lordships before that as soon as my Lord Mountnorris was withdrawn my Lord did declare what he the Lord Renula had formerly said But after the Council fell into debate of it he spake not a word nor gave any interruption And he cannot positively say that he sate bare all the while Being asked Whether this was not in the time of full Peace and whether any Rebels or Enemies were in the Kingdom He Answered Certainly it was a time of very full and happy Peace To prove that in discourse concerning this Sentence my Lord said afterwards He would not lose the Honour or Share of it The Earl of Cork being asked to that purpose Answered That all he can remember is that the Sentence was publickly read in the Star-Chamber and my Lord said He would not lose his Share in the Honour of it but he cannot remember the day Lord Viscount Dillon asked to that purpose Answered That he happened to be in the Star-Chamber that day by my Lord of Strafford's Command and carried the Sword that day That the reading of the Sentence he remembers not but the words he heard That the Sentence given against my Lord Mountnorris by the Council of War was a noble and just Sentence and for his part he would not lose his share of the Honour of it The Commons proceeded to that part of the Charge which concerns the execution of another man by Martial Law William Castigatt sworn being asked several questions touching that part particularly Whether he knew one executed by Martial Law and by whom c. He Answered Yes his name was Thomas Denewitt and it was last Summer was two years that he was on the Green when he was
Communicate it to any man till I brought the Letter because I was resolved to speak of it to no man living and in conclusion left it wholly to the Council For the words That I would not lose my share in the Honour of that Sentence if I spake the words I meant the Justice and satisfaction done me by that Sentence being by the prime Officers of the Kingdom And whereas it was said yesterday that though I thought it hard to lay words to my Charge yet I thought it not hard to lay words to the Lord Mountnorris his Charge there is a difference between laying words to a man's Charge to Accuse and Condemn him of High-Treason to loss of Estate Life Honour and Posterity and pressing words to only two days Imprisonment being only intended to discipline my Lord Mountnorris and teach him to govern his Speech with more modesty His Defence to the business of Denwitt's Execution He confesses his Vote concurred and thinks he had Authority and may justifie it He produced the Sentence Dated 13. February 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef and running away from his Colours in breach of the 9th and 6th Articles for which he was sentenced to Death according to the use of Martial-Law His Lordship opened the Nature of the Offence being committed at a time when the 500 men were attending to go to Carlisle and the Example might be dangerous and desired Sir George Mountnorris might be asked Whether Denwitt was not convicted to be guilty adding that he had been burnt in the hand and running from his Colours is death by the Laws of Ireland He produced a Statute of Ireland 20 H. 6. C. 19. whereby it is Enacted That every man that receives the King's Wages and departs from his Captain c. shall be proceeded against as a Felon As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony and the Offendor to undergo punishment of Law And 10 H. 7. all Laws formerly made in England are to be in force in Ireland and so that of 7 H. 7. For further clearing whereof he refers himself to the Council One of the Managers did make Reply in substance as followeth That if this Fact be not Treason yet it seems to prove his Intention to subvert the Law which is Treason Whereas he hopes for the King's Mercy so the Commons do as really trust for the King's Justice The Commission he insists on is limitted with Si opus fuerit and the King intends Execution according to Law Magna Charta and the rest of the Laws of England being of force in Ireland There hath been an Army in pay in Ireland since Henry the Eighths time and so there are some in pay here in Portsmouth and Plymouth and yet it follows not England must be Governed by Martial-Law The Lord Wilmott was produced by him to justifie the publishing of Orders and exercise of Martial Law in Ireland But we Appeal to your Lordships Whether he gave Testimony of executing any by Martial-Law Sir Adam Loftus says There are Provost-Marshalls and they do use to put men to death but they are Rebels whom they execute which squares not with this Case only that of Sir Thomas Wayneman is a full President For the King's Letter it is written on his Information and if the King's Ministers misinform him He is just before God and men and the Letter directs Reparation as it was fit there should be My Lord pretends he was no Judge in the Cause your Lordships may remember who procured the Letter to proceed and who sate there to manage the business though he sate with his Hat off if he would have been indifferent he should have left the Counsellors to themselves And when some moved they might proceed on one Article he cryed both and so he was the Procurer of the Sentence with which he is charged not with the Voting of it He pretends he sate by and said nothing yet no man talked more at the Sentence than himself He proves not the Course of Martial-Law and there is a Judge-Marshal to whom in any proceedings in a Martial way address should be made and it was desired he might be called to testifie how they went about it Another of the Managers did add by way of Reply That whereas my Lord of Strafford insists much as if Martial-Law were part of the same Law of Ireland but the 25 E. 3. is in force there and that is recited in the Petition of Right in force here as the ground why Martial-Law ought not to be in England and therefore there is the same ground why it should not be in Ireland For that Commission he speaks of Opus est is Martial-Law when there is bellum flagrans but what need was there of Martial-Law in my Lord Mountnorris his Case when he would rather lose his Hand than the Sentence be executed For the Orders made by my Lord Wilmott and others there is difference between making an Order in way of terror for fear of Execution and putting that thing in execution Many Witnesses are produced to prove the practise but not one speaks in point of Execution unless upon Rebels and Traytors and such as would not come into Law whereas my Lord Mountnorris was had into the Law Whereas he takes the Example of those before him the Commons cannot see the Restrictions put upon his Commission for Martial-Law but in the preceding Deputies time there was a limitation that the Provost should leave the Souldiers to trial at Law except in time of War and Rebellion The Statute of 20 H. 6. is against him for it makes the Souldiers running from his Colours Felony and certainly meant it should be tried by that Law that makes it Felony which would have given him the benefit of Clergy not by Martial-Law And though he thinks he may justifie it he falls at last to a Pardon He says He acquainted no body before hand with the business but if he may give the Interpretation he will be sure to put a good end to it if he would not prepare the Council for Justice why should not the Delinquent be prepared The words are pretended to be spoken in April my Lord of Strafford procures the King's Letter in Iuly and questions it not till December here is no opus est The very words of the Order the Witnesses were examined by our Command which make it his own One of the Managers desired that two of the Instructions of former Deputies might be read To this my Lord of Strafford excepted as supplemental and dangerous and not warranted by any other Judicature After some debate touching the admitting of my Lord of Ely to be examined to the Course of Martial-Laws in Ireland being new matter arising out of his Answer It was Resolved that he should be examined only to that new matter The Earl of
Ely sworn was examined what was the proceedings of the Marshalls Court when he was Judge-Marshall and how long he had been so He Answered He was 40 years since Judge there and for the manner of proceeding There was never any Deputy or Governor of that Kingdom but they had a Commission of Martial-Law to be exercised in the time of their Government but the exercise of that Law was two-fold one was Summary the other was Plenary That which was Summary and short was committed to the Provost-Marshall that sought after the Rebels and Kernes that kept the Woods These when they were apprehended the Provost-Marshall hanged them on the next Tree and this was in poor Cases where the estate of the party that prosecutes is not worth 40 s. In the second which is the Plenary proceeding there are three Considerations to be had of the time the place and the person the time must necessarily be in time of War the place in the Field and the persons must be such as are subject to the Rule of Martial-Law And the proceeding was thus The parties complained the other appearing an Information was drawn in writing Witnesses produced and reduced in writing a Sentence given absolutely or condemnatory and the Party punished or acquitted and the Warrant directed to the Provost-Marshall to put the Judgment in Execution But when the Army was dissolved and every one returned to their own home Souldiers Captains and Commanders this Power ceased and was no farther executed for it had been an extraordinary damage to His Majesty that by the Martial-Law every one should be tried for he loses nothing but his life not his Lands or his Goods and therefore the proceeding without was so slow and seldom that he had not remembred any man of quality worth 100 l. or 200 l. in thirty years to have been executed by Martial-Law Here the Manager did offer the Instructions given in my Lord Faulkland's time which Mr. Fitz-Gerard testified to be by him examined with the Original in the Signet-Office as to the 33. and 34th Articles Part of the Instructions were read viz. 33. Such as are to be brought to Trial at Law are not to be executed by the Marshal except in time of War and Rebellion One of the Managers observed That my Lord of Strafford would have Power of Martial-Law over my Lord Mountnorris but would not execute him which shews he desires not blood so much as Power of blood that the Law of all the Peers might be under his Girdle and he besought their Lordships to consider it Whereas he said The blood of their Lordships Ancestors was spent in the Irish Wars this way their own blood may be spent in the Peace of Ireland and Peace of England c. My Lord of Strafford taking notice of some words charging him that my Lord Mountnorris lost his Offices in that Sentence In way of Answer said That they were lost in a Sentence in the Castle-Chamber for Misdemeanors fully proved and by himself confessed and therefore His Majesty disposed of them To which one of the Managers Replyed That there was no sentence in the Castle-Chamber against him And so after some Discourses and Resolution touching the Method of the Proceedings about the next Articles the House was Adjourned The First day Monday March 29. 1641. THE Sixth Article The Charge That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolstone did cause the said Lord Mountnorris to be disseized and put out of possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having béen 18 years before in quiet Possession thereof MR. Glyn opened the Sixth Article setting forth the Execution of an Arbitrary Power by the Earl of Strafford contrary to Law in point of the Estates of His Majesties Subjects by disseizing and putting the Lord Mountnorris a Peer out of Possession of Lands of 200 l. a year which he had possessed 18 years before on a Paper-Petition without any Rules of Justice during the said Lord Mountnorris his Imprisonment contrary to an Act of Parliament read the other day to King Iames his Instructions to the directions of His Majesties Proclamation and the Rules of proceeding in the Kingdom of Ireland The Decree made in the Cause betwixt Rolstone and my Lord Mountnorris was first offered the Manager observing that it was nothing to the matter whether the Decree were just or unjust and that it never depended in the Chancery as is set forth in his Answer Thomas Little the Lord of Strafford's Secretary being sworn attested that the Copy produced was under his own hand And here my Lord of Strafford informed their Lordships that upon his Defence he would ask Mr. Little some questions desiring their Lordships to remember that he is upon his Oath The Decree was read Dated 28. Iuly 1637. whereby for the Reasons therein set forth and with the assistance of the Lord Chief Justice of the Common Pleas It was among other things Ordered That Henry Rolston should be put into quiet Possession of certain Lands therein mentioned Lord Mountnorris being Examined Whether he was put out of possession by Vertue of that Order and how long he had Possession of the Lands He Answered He was in quiet and peaceable Possession from May 20. till he was put out by my Lord of Strafford's Warrant August 29. 1637. as was written to him from an Agent that was there from the delivery of the Warrant to the Sheriff That he was all the while the business was in prosecution till his coming into England a little before his putting out of possession in prison under restraint for not suing out his Pardon upon the Sentence of the Council of War Mr. Anslow sworn and interrogated to the same purpose Answered That to my Lord Mountnorris's possession of the Lands he can say only by seeing the Accounts passed by former Receivers and the Patent my Lord Mountnorris had of the Land but for his being put out of the possession by the Order he found when he was left in Ireland about a year and half ago he was put out of possession by an Order of my Lord of Strafford and that he being there could have no Rents paid Henry Rolsion's Son being in possession the Father being dead Being asked Whether a Petition was not preferred for liberty to proceed at Law He Answered It was in his own behalf for the Land was estated on him by his Father And that he the Deponent being to pass his Land on the Commission of Grace Rolston Petitioned for it himself and therefore he the Deponent Petitioned it might be hindred to pass and that he might have his Right tried legally but he could get no Answer the Commissioners saying They sate not there to question any Lords Estate The Manager observed this to be the assuming
a true Testimony my Lord of Strafford presently pursues him and lays Imputations and scorns upon him and therefore humbly prayed to be spared else that he might have liberty to justifie himself Whence the Manager observed What it is to fall on Witnesses persons extravagantly when they produce them and therefore desired my Lord of Strafford might forbear it being a great disheartening to Witnesses My Lord of Corke added That my Lord of Strafford accused him to have a Pardon whereas he knows he hath none That he is an honest man and wishes my Lord of Strafford could leave the Kingdom with as much Reputation as himself had left it And for the matter demanded his Lordship said He was at the hearing of the Cause and Voted against the Plaintiff but whether the major part Voted against him or no he knows not Being asked What words my Lord of Strafford said about making a party in that Cause He Answered That he thinks he spake these words He did not think there would have been a party against him for if he had he would not have brought it to that Table for the Petition was preferred to himself Sir Adam Lofius being asked What Sir Robert Meredith told him of his part in the Bargain He Answered That he heard him say He had no Title or Interest in it but only his name used in trust but for whom he did not declare and that was all he said to him The Manager added That they have another Witness to prove that of the majority of the Vote my Lord of Ely but he is sick And so the Manager summed up the Evidence and observed it to be something that my Lord of Strafford should pitch upon the very sum of 500 l. that Mr. Hibbots had by way of increase That the Order was made with an examination of Witnesses on pretence of Fraud where the Lady denied it on Oath and that though it was so great a fraud in the Lady to procure a Reversion for 2500 l. which was sold for 3000 l. and afterwards re-sold to the Lady for 7000 l. and so concluded that it is an Arbitrary Government drawn into my Lord of Strafford's own breast and the Inheritance of a great Estate taken from the King 's Subject without Rule of Law there being a Fine levied but being not retorned as the Commissioners are bound to retorn it he made an Order it should not be retorned and a Lady threatened with doubling and trebling the Fine and one of the Feoffees Sir Robert Meredith confesses it was for my Lord of Strafford And to prove that Sir Philip Persival acknowledged so much Mr. Fitzgarret was Interrogated What Sir Philip Persival said who thereupon answered That Sir Philip had often told him the Purchase was to the use of my Lord-Deputy now Earl of Strafford That he hath had occasion of Conference with him about the Estate and hath sometimes discoursed with him concerning the Estate wherein his name was used That he the Deponent might understand how far it concerned him telling him that the Estate would one day be questioned And Sir Philip protested he never knew of this business till his name was put into it and he came to Seal the Writings and that it was to the use of my Lord-Deputy Some Questions arising about the number of Hands to the Order being in all 14. The Manager observed That more have subscribed than those that gave their Vote being a Cause introduced by my Lord of Strafford That all subscribed the Orders as well those against them as those for them and Appealed therein to my Lord of Cork The Course being when an Order is made to bring it to the Table another day and take all the Hands of them present and he added That their Lordships that are Counsellors know that Course to be used here My Lord of Corke being asked to that Point Answered That he knows nothing of it The Lord Primate of Ireland his Examination was offered and was admitted accordingly to be read being taken 30. March 1641. To the fourth Inter. That when the Major part of the Council-Board go one way and the Minor part another way when the Order is drawn up the Minor part Signs it as well as the Major The Lord-Deputy alledging it to be the practise of the Council of England and he himself had done it but before my Lord of Strafford's coming he never knew it to be so Lord Renula being asked to the same Point Answered That he doth not remember that Order to be of force there till of late years and that my Lord of Strafford hath declared to them that it is the practise of England and when the Major part doth subscribe though others be of different Opinions they are involved in it and must subscribe The Lord Savil desired he might be asked Whether he ever knew that when the Major part did Vote against an Order they did subscribe it The Manager answered That that 's their grief and though there be no such Course yet if it concern my Lord of Strafford he will make it a course Lord Renula being asked Whether he were present at the Council-Table when this Vote was given and what he heard concerning the Vote He Answered That he was not there and he heard very little of it that the most he heard of it was since the coming of this Gentleman Mr. Hoy into England and that to his best remembrance he heard Sir William Parsons now Lord Chief Justice say He was informed the Major Vote went against Sir Robert Meredith And so the Manager concluded the Charge as to the Eighth Article saying That here is a Proceeding for a Free-hold contrary to the Fundamental Laws of the Kingdom contrary to the Instructions in the manner and measure as their Lordships had heard My Lord of Strafford after some time given for the re-collecting of his Notes began his Reply in substance as followeth I will with your Lordships noble permission justifie my self against the Charge of High-Treason exhibited against me Having been blamed by the Gentlemen at the Bar for going to matters not pertinent I shall henceforth keep my self to that within the Charge trusting that the things wherewith I am not Charged shall not dwell with your Lordships to my prejudice but that your Lordships will in your Nobleness and Justice reserve to your selves till in its proper place and kind I shall Answer thereunto conceiving that I am to Answer only to Treason not to Misdemeanor The Charge opened is a Decree given by the Deputy and Council of Ireland to the subversion of the Fundamental Laws and to the bringing in of an Arbitrary and Tyrannical Government Whether it be so or no or whether by any manner of Construction it can be brought as an Argument to convince me of High-Treason I conceive I am to Answer Whether the Decree be in it self just or unjust is not the question but
of Strafford to have the Order performed and why should he be so earnest if he had not had some game to play afterwards If the Conveyance had not been to his own use my Lord of Strafford would have provided his Testimony It being proved in whose name it was and both they affirm it to be for the use of my Lord of Strafford Mr. Hoy being asked whether the Counsellor who told him how the Votes passed was my Lord Mountnorris or no He Answered That Sir Iames Erskyn since dead gave him a Note of the Names And that the Lord Arch-Bishop of Dublin told him presently after the Vote went on his Mothers side Mr. Palmer observed That the Lord of Strafford draws an Argument that because there was no complaint of the Order therefore there was no mistake and desired Mr. Hoy might be asked why he made no complaint Mr. Hoy being accordingly asked Answered That he was ready to come for England and to take Ship and that Evening he went to the Master of the Court of Wards to take his leave of him and to acquaint him with his going That Sir Paul Davis being there he and the Master of the Wards desired him to walk into the Study and perswaded him against his going telling him of my Lord Deputies great Power and that he might as well run his head against a Rock as have any Remedy against my Lord Strafford as the times go now and this was very soon after the Decree and as he conceives between it and Christmas following Being asked whether Sir Paul Davis shewed him the Order and whether it was interlined and by whose hand He Answered That he was at the Clerk of the Council to have got a Copy of the Order and saw the Order interlined with a strange hand and asking whose it was Sir Paul told him it was my Lord Deputies Here my Lord of Strafford observed that it is very ordinary for the Clerk of the Council to bring Orders to the Deputy who if he sees cause mends them Sir Dillon being asked whether any that Voted in my Lady Hybbots Case did tell him which way the major part of the Votes in my Lady Hybbots Case went He Answered That a little before his coming out of Ireland speaking of the Charge against my Lord of Strafford and particularly of this Cause one or two of the Privy-Council said publickly The major part of the Council was for my Lady Hybbots To this last part my Lord of Strafford answered with a desire that the Witness might be asked whether Justice Parsons be not Father-in-Law to Mr. Hoy And that this was since his my Lord of Straffords questioning And so the 8th Article was concluded being his Exercise of an Arbitrary Power over the Estates of His Majesties Subjects though they have divers other Instances as in the Case of the Earl of Ely and my Lord of Killdare the prime Earl of that Kingdom THE Ninth Article The Charge THat the said Earl of Strafford the sixtéenth day of February in the Twelfth year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Downe and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to Attach and Arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all Lawful Decrées Sentences and Orders issued imposed or given out against them and them to Commit and kéep in the next Goal until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect MR. Glyn opened the Ninth Article charging my Lord of Strafford with assuming of a Power above Law in granting of a general Warrant to the Bishop of Downe and Conner to attach such persons of the meaner sort as should not appear on their Citation to apprehend their Bodies and bring them before the Council an Act so high that higher could not be unless it extended to Life as my Lord Mountnorris his Case to grant a Warrant at pleasure contrary to Law to apprehend the Bodies of His Majesties Subjects that live under the protection of the Law which if it be made good will be of great might and prove the Charge fully A Copy of the Warrant being produced my Lord of Strafford excepted against it as not to be read by the proceedings of the Court being not the Original To which the Council at the Bar answered That that 's the way to shelter any Crime if none but the Original Warrants in such Cases should be admitted it being no Record that they may repair to it And their Lordships being desired that a Witness might be heard what he can say for the attesting of it after which it will be proper for their Lordships to judge of the Copy Sir Iames Mountgomery Sworn and asked whether he saw the Original Warrant and whether this be a true Copy He Answered He can depose that he hath seen the Original Warrant and read it and that the Bishop of Derry did shew it himself That this Copy he believes both in matter and words to be a true Copy for he hath another Copy agreeing with this and that he knows this Warrant hath been put in Execution many times and he himself hath been charged to assist them that have put it in Execution by virtue of this Warrant Thereupon the Warrant was read being in effect as followeth By the Lord Deputy FOrasmuch as We have been informed by the Right Reverend Father in God the Lord Bishop of Downe and Conner that the most frequent Offences against God and the greatest Contempts against the Ecclesiastical Jurisdiction are Committed by the meaner and poorer sort of People in that Diocess whose faults for the most part escape unpunished by reason the Writ de Excommunicato Capiendo is so long before it can be sued forth and executed on them that they remove to other parts and cannot be found or if they be taken their Poverty is such that they cannot satisfie the Sheriff and other Officers Fees due for taking them on that Writ whereby the Officers become negligent and backward of doing their Duties We therefore desiring the suppression of Sin and Reformation of Manners have thought fit to strengthen the Ecclesiastical Authority of the said Right Reverend Father in God the Lord Bishop of Downe and Conner with our Secular Power and do therefore hereby give Power and Authority to the said Lord Bishop his Chancellor or Chancellors by their several Officers
my Lord of Strafford were a Partner But he the Examinant had no such great cause to desire it for he was not in three years but his Son was put out again when it came to matter of profit they were gone To this my Lord of Strafford did by the way Answer in substance That His Majesty gave Consideration for it and had the benefit himself And so I hope I have cleared how I came into the Bargain and that I cannot be Charged with procuring the Book of Rates it being Printed 10. March and my Lease began 21 April after and that the Right being in the Crown your Lordships will not conclude it till you have heard it for the King it being his loss in â… parts which was intirely His. And whereas I am Charged with raising the Book of Rates though done before my time yet I was taught here in England that they might have been raised to a much higher Rate than they were and to that purpose there came a Letter from His Majesty whereby in 1637. a Proposition was made of raising the Rates the Book being conceived not to be so high as it ought to be His Majesties Letter was read Mr. Slingsby affirming it to be a true Copy and that he saw it compared with the Original Imparting That His Majesty finding the Impositions set on Merchandize of all Ports to be well accepted and to have ready and free passage had Resolved That such Impositions be laid in Ireland as be fit for that Kingdom and to that end had caused a Book to be drawn with fit Considerations of the difference of Trade in both Kingdoms which was sent to my Lord of Strafford to advise of the Particulars who if he found that any may bear a greater proportion he may add what he will if he find any over-rated he may deliver his Reasons to be considered and Regulated by His Majesties Committee here Dated the 10th of Iuly 1633. My Lord of Strafford observed That at the date of this Letter he had an Interest in ¼ part of the Farm and desired that my Lord Dillon might be asked how my Lord of Strafford carried himself in it Lord Robert Dillon being asked Whether my Lord of Strafford did not join with the Council to disswade it He Answered That he was at the Board when the Original of this Letter was read as he takes it for there was brought with it a Book of Rates that he remembers not the particular words of my Lord of Strafford but he is sure by the whole Board the entertainment of those Rates was dis-advised And it was Resolved a Letter should be written to dis-advise it but he remembers not when the Letter was written Whence it may be observed That I was not very tender of my own profit which laid to the other I hope will clear me of this Article wherein there is nothing of Treason and nothing can be imputed to me unless that the Kingdom of Ireland is under the King 's blessed Government an increased and growing Kingdom and the Trade enlarged to such a proportion as makes the Customs of far more value than they were heretofore should be turned on me as a Crime And as for Treason your Lordships see no Complexion towards so foul a Crime and for all things that may reflect on me as Misdemeanors in due time and place I trust I shall clear my self from that as well as I do from this Charge of High-Treason Mr. Maynard Replyed thereunto in substance as followeth That whereas my Lord of Strafford says That to prove the matter of profit to himself of loss to His Majesty is impertinent They Charge that what he did was for his own Lucre. He Answers That what he did was for His Majesties Profit Therefore whether it be for his Lucre or not is in issue and that they have proved and that which he puts in issue is not to the purpose nor proved Whereas he says This Article is not Treason yet look to the whole body of the Charge his taking away the Property of the Subjects his inducing this by subtilty by force or advice to bring it to pass if these be proved their Lordships will be of Opinion with the House of Commons That it is a high and a great Treason Therefore let him not say this or that piece is not Treason let him Answer it if he can That the subverting of the Fundamental Laws be not great a Treason My Lord takes advantage that the Patent to the Dutchess concerns not him for it is granted in March and his 21. April following but if the Times be observed it will answer it self for the 10th of March 7 Car. the Rates are raised 21. March my Lord of Carlisles Patent is surrendred 24. March the Dutchess Patent dated and 21. April 8 Car. some 30 days after my Lord of Strafford's Lease is passed If this had been intended for the Dutchess she would have kept it but she keeps it not to pay a days Rent or receive any profit But this will intrench on my Lord of Strafford's Answer on the ingenuity of which he stands so much for he says There were Propositions to raise these Rates and he was acquainted and intreated to go on and thereupon he enters into the Bargain We desire your Lordships to mark the time that if there were these Propositions to raise the Rates and this Lease must be drawn on the raising of the Rates then was he interressed in the raising of the Rates before he was interressed in the Lease And then there is the Execution of a Design carried in several hands which tend to one purpose for he enters into it the seventh year and his own Lease is the eighth and therefore it was on his own Design and Counsel and for his own Profit My Lord instanceth That the Article lays the Book of Rates to be raised 9. whereas this was done 7. Mr. Maynard observed Time is not material had they charged him to have made a Book of Rates such a Date it had been something But if an Offence be laid in one year and it appears to be done in another year he must be punished for that now which he did at any time To the Tunnage and Poundage being the Inheritance of the King it is so in Ireland but the Point is the Oppression of the Subject when he makes that three which is but one and so instead of giving the King his due to extort from the Subject what he ought not to pay If he says Proofs could not be had to prove a greater value of the Commodities he had time to produce a Witness out of all Ireland The Commons have produced them that speak of the highest value and there is great difference between three four five the highest is six and twenty What occasioned Williams to Relinquish the Bargain is not material But in what Case is the Subject of Ireland that when a
Strafford's hand as he himself conceived it to be wherein divers persons were sentenced Mr. Glyn desired a proof concerning the value for which a witness should have attended but is withdrawn but the Remonstrance of Ireland speaks particularly to it That the value of it exceeds all the Kings certain and uncertain Revenue in the Kingdom of Ireland Mr. Plunkett being sworn being examined touching the truth of the Copy Answered That he had the Copy from the Clerk himself being a Member of the House That he hath looked on the Article of Tobacco and as it is in substance with that which was voted My Lord of Strafford desired he might be asked what proofs were there offered But Mr. Glyn opposed that hoping there was no question to be made of the proof of a thing that was done by all the Commons of Ireland to whom perhaps their own knowledge is the proof The Remonstrance read as to the 6 th Article That the Tobacco bought at low rate is sold at excessive rates whereby thousands of His Majesties Subjects are destroyed and most part of the Coine of this Kingdom ingrossed into particular hands insomuch that the Profits arising thereby surmount His Majesties Revenue certain or casual within this Kingdom and yet His Majesty receives very little profit by the same Timothy Crosby being interrogated how much Tobacco comes into the Port of Kinsale for three years last past He answered 60 Tunn in three years Whence Mr. Maynard observed if one Port brings in 200 Tunn the rest will go to a great height Being questioned what the Patentees give and what they require for such as is refuse Tobacco upon the sorting of it He answered that for the refuse the Owners had not above 1 d. and the Patentees sold none of that under 2 s. And so Mr. Maynard closed this Article observing that they have proved the Restraint and the Execution of it That it is turned into a Monopoly That none must be imported without their Licence That they buy what is brought in at low rates at 6 d. a pound when others will give 2 s. That 4 s. 8 d. or 9 d. is the highest they give so that they sell for three or four times the value of what they pay That by an estimate 500 Tunn is imported That punishments are inflicted The Kings free Subjects Whip'd Pilloryed Fined And so my Lord of Strafford's Answer was expected After a little Respit his Lordship made his defence to this Article in Substance as followeth That he conceives he hath very little crime to answer as to this Charge especially as unto Treason That he wisheth with all his heart he had so much profit to answer for as is pretended that he gained by this business His Lordship presented in the first place a Petition presented by the Commons House of Parliament in Ireland in the Parliament preceeding this wherein they desired that this Lease of the Impost of Tobacco might be taken in and compounded for and converted to the Kings benefit That the Revenue might be able to bear the Charge and the Subjects eased from demand of Contribution and supply for this purpose so that this was originally ordained by themselves on their own Petition to be setled as a Revenue of the Crown The Petition being affirmed by Mr Gibson to be a true Copy being examined by him before Sir Paul Davis in Ireland was read as to that point and it imports Lastly They do humbly advise that the six Subsidies chearfully granted in this Parliament may be imployed for the buying of the Leases and Farms that the same may be able to supply the necessary charge of this Kingdom in the first place And in the second place to satisfie and discharge the Debts and Incumbrances aforesaid as in manner aforesaid and for the other not included The House would not enter into Consideration thereof but are confident that when others justly due shall appear your Lordships will take a course that shall stand with your Honor and Profit My Lord of Strafford offered a Witness to prove that the Tobacco is one of the things that goes under the name of Leases Mr. Slingsby being examined to that point Answered That he was a Member of the House of Commons the first Parliament and Debate was offered how the Kings Revenue might be supplied to maintain the Charge several Grants and Leases applyed to particular men were thought fit to be brought in to be applyed to the Kings advantage there there was the Custom Wine and Aquavitae Licenses there was Tobacco and in the Kingdom My Lord of Strafford desired liberty to reserve Sir Adam Loftus whom he conceived a material Witness for him but was now absent Lord Robert Dillon being asked whether he was of the Parliament House when these Leases were advised to be brought in and whether the Lease of Tobacco was not one that was advised to be brought in and applyed to the Crown and that part of the Subsidies should be imployed to that end His Lordship answered That he did serve in the House of Commons that Parliament that they were upon the Kings Revenue and they wished that the Charge might be answered by the coming in of the Rents He remembers that on debate in the House a Committee was appointed to consider of the disposing of part of the Kings Revenue to take off the Incumbrances then of His Majesties Revenue to the end the Rent of His Majesty being raised they might be able to answer the ordinary and standing charge of the Kingdom and so divers things were to be brought in but for the very particular of Tobacco he doth not remember it by name though he remembers Wine and Aquavitae and the Incumbrances on the Customs My Lord of Strafford in the second place shews the Grant of the Imposition on Tobacco as they were Lett Iune 13. Iac. and at that time were Lett for 10 l. a year Rent Which being attested by Mr. Gibson to be a true Copy and to be by him examined at the Rolls in Ireland was read as to this point purporting That the King appoints That from the Date thereof there shall be received by way of Imposition Money 18 d. currant upon every pound of Tobacco which is demised to William Massam and Iohn Pitt for 7 years under the yearly Rent of 10 l. Dat. 6 Iune 13 Iac. Next he offered a Lease of the said Impositions to Mr. Lyne for 21 years at 20 l. per ann Dat. 8 Feb. 19 Iac. But Mr. Maynard admitting it the reading thereof was forborn Next He offers the Kings Letter 18 Iuly 12 Car. whereby His Majesty directs the setling of this business and is a warrant for issuing of the Proclamation wherewith he is charged Which being affirmed by Mr. Gibson to be a true Copy was read whereby is imported That His Majesty being given to understand that the
pretence that he is impeached of Treason But they profess and he believeth them That when Sir George Ratcliffe came out of Ireland they had received in Money 80000 l. and they had layed forth in Rent buying Tobacco Stock and Charges 86000 l. so that they had not in their Money by 60000 l. And Sir George Ratcliffe who is now in Town and though his misfortunes are heavy and sad enough yet is known to be a person of Honesty and Worth he dares say will take his oath on it and they that know him know he would not take a false oath to gain all the world That there be indeed some debts which are not gathered and some collected and paid into the Exchequer and this he said is to the value of the bargain and where he hears the Gentleman say the Customs have been worth to him and his Partners 300000 l. Surely the Informations have been much mistaken from them that gave the notice out of Ireland for it is to be understood that whatsoever the Profits are the Kings Rent must be taken out which is 15500 l. of the rest the King hath â… parts and himself but ¼ part so that on the matter he thinks they have been worth to him 4 or 5 or 6000 l. a year better than the Rent though the value is not considerable in his Charge against him of Treason That their Lordships might see the Reasons why he could not prepare a particular Account of these things His Majesty had had a particular Account had not the Ministers been so dealt withal laid in prison and abused If you will speak of a tyrannical and arbitrary way of Government The Commons expressing some distaste at this Egression my Lord of Strafford saith he complains of Ireland not of things here and desires leave to read two Orders of the Commons House who have seized on all given order for sale of them taken the Contractors imployed and imprisoned them and he thereby rendred altogether unable to clear things as otherwise he might have done and these things they do he knows not how but to his undoing indeed Mr. Maynard did here interpose and desire to know to what purpose he would have them read and whereas he speaks of a Tyrannical usage he desires to know whom he presses whether the House of Commons there or here And Mr. Whitlock added That my Lord of Strafford in his defence of the last Article let fall some things that were an Aspersion on the whole state of Ireland the Lords and Commons there Assembled for he said Their Lordships might perceive the truth of the Remonstrance presented from thence on a former occasion and now he speaks of a Tyrannical Government on his making of Orders which himself mentions to be made by the House of Commons in Ireland And therefore their Lordships were desired to vindicate the Honor of the Kingdom of Ireland which suffers by those aspersions Sir Iohn Clotworthy further insisted on it That their Lordships are witnesses of the many Commendations my Lord of Strafford hath formerly issued concerning the people of Ireland as long as they were subservient to his Courses and could not find a way to extricate themselves from his Lord ships yoke they were cryed up to be numbred amongst the best of His Majesties Subjects Now when they are seeking to vindicate and relieve themselves from his heavy yoke they must be called a people he knows not how bad and therefore beseeches their Lordships that they may be set right in their Lordships opinions The reading of the Order being opposed by the Committee as tending nothing to the Cause Mr. Maynard alleadging that my Lord would have them ready to give their Lordships satisfaction why they should not be read for he imports they be tyrannical and something he would deduce out of them to the aspersion of others Whence my Lord of Strafford added only on the execution of them And Mr. Maynard replyed prove them on the Execution they were at last permitted to be read One dated 27 Feb. 1640. importing THat whereas great sums of Money have been raised by Customs above the Rent and my Lord of Strafford and Sir George Ratcliff are impeached of High Treason therefore it is Ordered That all persons that have Money of His Majesties in their hands concerning the Monopolies shall forthwith bring the same into his Highness Receipt and the Commissioners appointed to oversee the Ports shall bring in their Letters Patents to be considered of and because the Customs of Dublin amount to â… of Ireland and the now Collector is not responsible for his great charge if he should miscarry therefore Sir Edw. Bagshaw Kt. now Customer and Collector shall collect all the Customes and pay the same into the Receipt That the Magazine-keeper of Tobacco shall forthwith return a true List of all Tobacco remaining in his hands and what was sold since Michaelmas 1637. and to what account and what Moneys are received and to whom the same is paid and what Money Bonds Bills and other Debts remain unpaid of the Premisses and in whose hands they be And that all Customers and Officers in the Ports and Creeks do deliver into this House within two moneths a true List of all such seizures of Money Tobacco and other Commodities that they or any of them have made or compounded for or what remains in their hands and likewise all forfeited Bonds for Goods transported into England c. and of all Fees they have received and their Warrants and a Note of all such persons as receive Fees and are no Officers and what Fees c. for seven years last past The Second Order was dated 3 Mar. 1640. importing in effect That FOrasmuch as much Tobacco lies in the Magazines which is perished It is Ordered that certain persons in the Order named shall make sale thereof to the best advantage and the Contractors are required to make weekly Accounts of all the Moneys they shall receive or which shall accrue out of the Tobacco by them sold and deliver the Money to certain persons therein named or any two of them who are required to take the burden on them and receive the Account weekly due c. and to be answerable to His Majesty c. My Lord of Strafford observed that these he shewed to justifie that he could not give particular satisfaction those imployed being in prison And further that in the whole proceeding of this he had done nothing but what 's warrantable and howsoever it proves a good or a bad bargain that 's not in question for he never knew the goodness of a Bargain could make a Treason If every one that makes a bad bargain with the King should be a Traitor it were hard but at that time none would be a partner with them among them all that say it was so great a bargain That in fine the worst of this can but be that it is a Monopolie a sole buying and selling of
off the Leases in being And Urges That they intended the Lease of Tobacco among the rest which appeares not But admit it their Intention was to take off the Fetters and Ingagements from the Kings Revenue that the King might make the best of it not that others should feed on what was His and he in the mean time want Now their Lordships may observe how my Lord of Strafford executes these Intentions he gets a Lease of it but doth not he retain the Kings Revenue being worth 100000 l. a year to himself for 5000 l. if the Witness speaks truth So it falls on his own head and is a plain deceiving of the King There is a Letter which Answer is made to but if their Lordships recall to Memory what the Letter was it was as just as could be to take a course for Preemption of Tobacco no they afterwards enter into Consultation and Advice what should be done And What do they They lay a Restraint that no Man should Import unless they would Sell unto my Lord of Strafford at his Rate and so it is executed to Tyranny over the People There is another thing my Lord Insists on Is the making of a good Bargain Treason But out of the making of this Bargain if their Lordships well consider it They shall find a double Treason to result First Exercising an Arbitrary Power by laying what Tax he will for he may lay 19 Shillings as well as 6d. Secondly His depriving the King of His Estate under Colour of Advancing His Revenue which is to deprive the King of His Government For if one takes away my meanes of Livelihood and defence against an Enemy it is a killing of me round about though it were a more immediate killing of me to run me through If he take away the Kings Livelihood and Just Revenue whereby He is enabled to Govern and Protect His People Is it not to take away the Government out of His Hand And one word Mr. Glyn desired to add from something that fell from my Lord of Strafford by way of Prevention concerning the Parliament of Ireland We live under one King and one Government and no doubt ought to be sensible of one anothers Honour the Parliament of England and the Parliament of Ireland Here is an Article against my Lord of Strafford for endeavouring to put Him out of Opinion of Parliaments In this Assembly where the Commons and Peers are Assembled he hath endeavoured to blast a Parliament In the next Kingdom he talkes of a Tyrannical Government an Arbitrary Power these were his Words in effect Is not this as much as in his Power to cast a Blast and Ill Affection in any Man that hears him on the Parliament of Ireland And he that will do it in the presence of a Parliament in England What will he do of a Parliament of this Kingdom in the absence of a Parliament and when there is no Parliament Sitting And so Concluded the Twelfth Article and the House was ADJOURNED THE Thirteenth Article The Charge 13. THat Flax being one of the principal and Native Commodities of that Kingdom of Ireland the said Earl having gotten Great Quantities thereof into his Hands and growing on his own Lands did Issue out several Proclamations viz. The one Dated the One and Thirtieth of May in the Twelfth of His Majesties Reign and the other Dated the One and Thirtieth day of January in the same Year Thereby prescribing and enjoyning the Working of Flax into Yarn and Thread and the ordering of the same in such wayes wherein the Natives of that Kingdom were unpractised and unskilful Which Proclamations so Issued were by his Commands and Warrants to His Majesties Justices of Peace and other Officers and by other Rigorous Meanes put in Execution and the Flax Wrought or ordered in other manner then as the said Proclamation prescribed was Seized and employed to the Use of him and his Agents and thereby the said Earl endeavoured to gain and did gain in effect the Sole Sale of that Native Commodity April 1. 1641. THe Thirteenth Article was this Day Read and Opened by Mr. Maynard concerning Flax one of the Native Commodities of the Kingdom which my Lord of Strafford by several Proclamations enjoyned the Natives to work into Yarn in a way wherein they were Unskilful and Prohibited the Buying of any Yarn of this Flax otherwise made and upon this occasion much was Seized So that by the Complaints of the Commons it appears that Thousands were Undone their Goods being taken away and Converted to my Lords Use. For Proofe The Second Proclamation of Deputy and Counsel was Read wherein the first is Recited Importing in effect That by reason of the multiplicity of ends in Yarne there is much confusion That for remedy a Proclamation Issued the last of May last which hath taken good effect and in regard some ill-disposed persons have nevertheless contracted for Yarn at cheap and low rates though not made according to the first Proclamation That therefore the said first Proclamation be strictly observed and that none presume to buy any Linnen-Yarn but shall be Reeled on one end and no more c. That if any person shall after the first of April next offend contrary to this Proclamation he shall be proceeded against at the Council Board or Castle Chamber Some are appointed to enquire of Contempts to whom Recompence is promised Given c. 31 Ian. 12 Car. 1638. The Natives not being able to apply themselves to his Commands a Warrant went to Seize the Goods made or brought contrary to this Proclamation so that People forbore the Markets durst not sell none openly and so could not pay their Rents The Warrant was produced under my Lord of Straffords Hand and Seale which his Lordship affirmed being in effect By the Lord Deputy Wentworth TO all Iustices of the Peace c. Whereas Benjamin Croky is Authorized to inform himself and advertise the State of Abuses and Contempts committed and done against a Proclamation made for Reformation of the Abuse of Spinsters of Linnen Yarn and to stay all Yarn made contrary c. till Our pleasure be further known And whereas he now informs us he cannot discharge that Trust in regard diverse persons do privily in their own Houses and not in open Markets make Sale of their Yarn and though he hath desired Assistance of Publick Magistrates yet they have failed to afford him the same in that measure that is fitting In consideration whereof our pleasure is and we do hereby require and authorize you to be aiding and assisting to Benjamin Croky and his Deputy To seize on and take all Yarn which shall be found to be made contrary to the said Proclamation and to cause diligent search to be made in all Houses c. where you shall be informed any such Remaines lie hidden and the same to seize and bring to Dublin to be disposed of as We shall direct the Party delivering it taking Crokies hand
they had reproofs from my Lords servants And if the point were only to produce witness that the Flax or Yarn came to my Lords own hands it might be despaired of but when the profit comes to his hands by his Agents and those set on work by him it is no excuse to say it was done by others Mr. Maynard said further he wondred my Lord should say there was no proof when there were two express witnesses my Lord said he heard but of a Cart-load Mr. Maynard answered he heard not the word but he heard of about a Cart-load and could that starve 1000 men yet if a Cart-load be not sufficient to starve 1000 men if there be more than 1000 starved then more than a Cart-load was seized At that time there came in but a Cart-load but there came in by good quantities when it came in by Cart-loads He says the Remonstrance is but a charge but it comes in on good proof and it is concerning a whole Province and as it is likely they were there that knew of the miseries that befell the Provinces Mr. Maynard further observed that heretofore in the matter of Tobacco he told your Lordships he had a command it was expected he would have produced something to the purpose now but God be thanked he hath not he says Tobacco is a superfluous thing but these things that are for clothing are not superfluous and being he hath gone into this excess Mr. Maynard concluded with this that he must leave him to their Lordships Judgements for he had made an excuse tho that he said did not reach an excuse And whereas my Lord said the Cart-load of Yarn was taken in Conaught not in Ulster Mr. Glin added that one thing was observable from my Lord of Strafford's own evidence which seemed to convince him of what he denied He pretends this was for advancement of Trade not for his own use and that there was but 1700 l. worth made in a year but himself casting his Accompts says he lost 3000 l. so he owns it by the loss but not by the benefit which convinces the principal point himself denies Here my Lord of Strafford desired leave to explain himself that when he said he lost 3000 l. and 1700 l. a year made of it he said he made Cloth there 6 or 7 years as hetook it and the Cloth it self not the Yarn was worth 1700 l. for the Yarn was not worth 400 l. and in that time he might very well loose 3000 l. And so the Thirteenth Article was concluded and the Fourteenth Article being for the present laid aside the Committee proceeded to the Fifteenth Article THE Fifteenth Article The Charge 15. THat the said Earl of Strafford traiterously and wickedly devised and contrived by force of Arms and in a warlike manner to subdue the Subjects of the said Realm of Ireland and to bring them under his tyrannical Power and Will and in pursuance of these wicked and traiterous purposes aforesaid The said Earl of Strafford in the eighth year of His Majesties Reign did by his own authority without any Warrant or colour of Law Car and Impose great sums of Money upon the Towns of Baltemore Bandenbridge Talo'we and divers other Towns and places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Soldiers with Force and Arms in a warlike manner And on the Ninth day of March in the Twelfth year of His now Majesties Reign traiterously did give authority unto Robert Savill a Serjeant at Arms and to the Captains of the Companies of Soldiers in several parts of that Realm to send such numbers of Soldiers to lye on the Lands and Houses of such as would not conform to his Orders until they should render Obedience to his said Orders and Warrants and after such submission and not before the said Soldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in Warlike manner with Force and Arms put in execution accordingly and by such Warlike means did force divers of His Majesties Subjects of that Realm to submit themselves to his unlawful commands And in the said Twelfth year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot Armed in Warlike manner and in Warlike array with Force and Arms to expell Richard Butler from the possession of the Mannor of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in like Warlike manner expell divers of His Majesties Subjects from their Houses Families and Possessions as namely Edward O Brenman Owen Oberman John Brenman Patrick Oberman Sir Cyprian Horsefield and divers others to the number of about an hundred Families and took and imprisoned them and their Wives and carried them prisoners to Dublin and there detained until they did yield up surrender or release their respective Estates or Rights And the said Earl in like manner hath during his Government of the said Kingdom of Ireland subdued divers others of His Majesties Subjects there to his Will and thereby and by the means aforesaid hath levied War within the said Realm against His Majesty and His Liege People of that Kingdom Mr. Palmer proceeded to open the 15th Article which concurred with the precedent in point of Evidence to make good the Charge of the Commons against the Lord of Strafford in point of High-Treason The main Accusation being his labouring to subvert the established Laws and Government and instead of them to introduce an Arbitrary and Tyrannical Power THAT this laid in the 15 th Article doth more than prove this Charge charging him with Acts of Force and Hostility which are not only an Evidence to prove his design but are actual subversions of Law and introducing of an arbitrary Power as their Lordships will perceive when they shall hear how he executed his Commands by Soldiers And as this contributes with the rest in proof of the main Charge so he humbly offered that this Article singly and individually of it self contained a Charge of High Treason and that the nature of the offence would appear in the proofs of the Article The Article is first general That he did traiterously devise to subdue the Subjects of the Realm of Ireland by force of Arms in a Warlike manner under his tyrannical Power and Will In pursuance of these things that are charged in the Article the first they said they would pass over at that time and my Lord of Strafford also had notice that they intended to wave it for the present The Second is that 9 March 12. of the King he gave a Warrant to one Savill a Sergeant at Arms and to Captains and Soldiers of that Kingdom to Quarter on the Houses and Lands of such as would not conform to render Obedience to his Orders such number of Soldiers as the Sergeant at Arms
Savill being on the motion of the Earl Bath Examined Whether this was the occasion of his coming over and Whether he had not said He had brought all his Warrants with him He Answered That by the Oath he hath taken that he knew nothing of it till the night he came to the City That he had not said He had brought all his Warrants for he had none and should have spoken an Untruth if he had said it and he came on his own occasions not sent for Being Asked Whether he thought in his Conscience That it was a True Copy He Answered Yes I am confident for the Substance of it To Determine the Question their Lordships resolved to Adjourn to the House above Mr. Palmer desiring it might be Remembred That the Copy was Signed by Savill's Hand That Savill was the Person to whom the Warrant was directed and The Man that hath the Principal Warrant in his Custody That gave direction for the Copying of it and added That himself was ready to prove the substance and effect of it Their Lordships Adjourning and shortly after returning The Lord Steward Reported their Lordships Resolution viz. That their Lordships had taken into consideration this Copy and thought of it seriously and that in this individual Case they held it not fit to be read because it was not Attested And that their Lordships in no other Case since the Tryal began had admitted the like Copy but where it was Attested That they conceived this could be no Impediment or failer in the proceeding because the truth and verity of it would depend on the first general power given to execute it which they that manage the Evidence for the Commons say they can prove Mr. Palmer thereupon Alleadged That they would apply themselves to their Lordships Directions That the thing offered in Evidence had been executed That Soldiers according to what was deposed to be the effect of this Warrant have been Quartered on the houses and Lands of such Persons as have been Complained of on Paper Petitions either in case they have not appeared or after appearance did not render obedience Mr. Savill being Asked What he did in that kind and What Warrant he had for it He Answered That the Warrant by Vertue of which he laid Soldiers on several Delinquents Lands was delivered to him by my Lords Deputies Secretary Mr. Edmonds as he remembred by Virtue of which Warrant after five or six several times going for the Delinquents when they could not by any means be brought in he did according to my Lord Deputies Command make use of his Warrant and layed Soldiers on them till they had submitted themselves And that the Warrant was given under my Lord Deputies Hand Being Asked What he meant by Delinquents He Answered thus He ever observed on Complaints made to his Lordship my Lord Issued his Command This Command was served on the Party Complained of And on Return of that Oath being made of it that the Party gave not satisfaction A Warrant was Issued to the Pursivant On the Pursivants return he not meeting with the Party the Party possibly absenting himself or Rescued out of the Pursivants hands there is an Oath taken by the Pursivant a Warrant given to the Sergeant at Armes who goes in Person or sends his Deputy three or four or five times and when the Party cannot be got then he lays Soldiers Being Asked What he meanes by laying of Soldiers He Answered That he was to go to the Captain or Chief Officer of the next Company or Garrison to Complain of the Party he calls Delinquent and show my Lord Deputies Warrant and then he Commands them to rise with such a number as he shall think convenient and March to the Party Complained of in whose House they lie till they receive further direction Being Asked of the Questions severally He Answered That it was by a General Warrant he laid Soldiers on Delinquents and that he had a particular Warrant first but when that was disobeyed he used this General one that the Soldiers might not March but with an Officer That he did never see those Soldiers go on Service like Naked Men but they had such Armes as were fit for Soldiers That he hath seen them Armed with Muskets Swords and such furniture That they have meat and drink from the Party they lie on though for his own part he had never Meales Meat from him Being asked Whether they lie on the Parties Lands He Answered For that purpose they go Being Asked On how many several Persons he had done it and Whether it was ordinarily done He Answered That he had done it on several occasions and that he was afraid that sometimes he should be Complained of to my Lord Deputy in not putting it in Execution when the Parties have thought he the Deponent hath been favourable without cause That he had on several occasions executed his Command as namely he caused Soldiers to be laid on one Francis Ditton likewise on one Conolly and on Luke Borne as he takes it and some others whereof he doth not remember the particulars But those Men could not be brought in by any other meanes that he knew Being Asked Whether it hath been done ordinarily on all occasions and on Persons of Quality as well as others He Answered That when he had my Lord Deputies Warrant in a general way he never made any difference of Persons Being Asked Whether by Horse or Foot He Answered Never Horse that he knew of unless in case of Necessity when no Foot was to be had near them And that was but once Being Asked Whether the Number was left to his discretion or a certain number assigned He Answered The Warrant sayes he shall raise so many as shall be thought fit in the discretion of the Sergeant Being Asked Hath this been Executed on several parts of the Kingdom He Answered Yes as well in one part of the Kingdom as another when the occasion served Being asked Whether it was done by himself only or another He Answered There was none but himself till the Lord Deputy for the better Service of His Majesty was pleased to direct another Being Asked Whether my Lord Deputy ever spake to him about the Complaints made of him He Answered Never In Good Faith and he thinks my Lord will clear him of that Being Asked Was there not Complaints made of his showing Favour He Answered He must Confess there was Being Asked What he said on that occasion He Answered sometimes my Lords Secretary would demand Why he would not put the Warrant in Execution and he this Deponent would say They were poor Men but it never came to my Lords hands so far as he could remember Being Asked on my Lord of Straffords Motion What number of Soldiers he commonly laid and what was the greatest number usually He Answered That the greatest number was Five and an Officer but for the most part 2 or 3 or 4 but of
nor Horse to lye on Horseback or Foot to lye on the Kings people but on their own cost without consent And if any so do he shall be adjudged as a Traitor Mr. Palmer concluded that this hath been done and how their Lordships have heard that this hath been done by Soldiers that profess hostility brought from Garrisons the places of War in great numbers and indeed the number left indefinitely to the discretion of the Sergeant at Arms in Warlike furniture which is literally true in the case And so he concluded the Article expecting my Lord of Strafford's Defence My Lord of Strafford desired their Lordships would be pleased to give him liberty to look over his Notes and he doubted not but to give their Lordships a very clear satisfaction by the help of Almighty God After a little respite his Lordship began his Defence in substance as followeth And First He desired their Lordships would please to remember that if he proved not all things so clearly and fully the reason was obvious and plain the shortness of his time the Witnesses being to be fetched out of Ireland and he having none but such as come accidentally That the other day he read to their Lordships out of Sir Edward Cook 's Book that the Customs of Ireland are in many things different from the Customs of England That for the things done in Ireland he conceived he was to be judged by the Laws and Customs of Ireland and not by the Laws and Customs of this Kingdom and that his Commission was to execue the place of Deputy according to the Laws and Customs of that Kingdom That what hath been opened to their Lordships to be so extraordinary he must justifie as very ordinary frequent and usually exercised by the Customs of that Kingdom That in all times the Army of Ireland and the Officers and Soldiers of it have been the chief hands in executing all the Justice of the Kingdom and of bringing that due obedience to the Kings authority that 's necessary and fit and due That if they had not been so used he thinks those who know the State of Ireland will acknowledge the King's Writs had never run in Ireland they being all executed by their Power and Assistance First his Lordship undertook to make it appear that in case of bringing in Rebels and Offendors of that nature and forcing them to come in it had been the ordinary practice of the Deputy and Council before his time to Assess Soldiers not only on the party but the kindred of the partys till the party be brought in and yet it is no levying of War for all that And because his Lordship heard much speaking of Rebels and Traitors he desired to represent to their Lordships what they be viz. a company of petit loose fellows that would be here apprehended by a Constable Lord Robert Dillon was called for and my Lord of Strafford desired he might be asked whether it had not been the practice of the Deputy and Council to Assess Soldiers not only on the persons but the Septs and whole kindred of Rebels Here Mr. Palmer interposed that for saving of time if my Lord makes this the Case that Soldiers have been laid upon the Septs of Traitors or Rebels that lye out in Woods and esloigne themselves from the Kings protection whom they call Kernes Outlaws and Rebels they the Committee will admit the usage though it will not justifie the Case being expresly against Law for by a Stat. 22 Eliz. If any lye out as Traitors or Rebels five of the Sept that bears the Surname shall be Fined at the Council-Chamber but not have Soldiers laid on them and against a Statute there can be no Usuage To which my Lord of Strafford answered And these are but ordinary fellows And he desired their Lordships would clearly understand what is meant by Rebels for every petty fellow stealing Sheep and the like if the party be out in action they commonly term such Rebels Robert Lord Dillon being asked whether ordinary fellows in Ireland passed not under the name of Rebels His Lordship Answered That touching this point he hath observed that when a party hath committed some Felony or unjustifiable Act and withdraws himself into the Woods a Proclamation is made for his coming in by such a time to render himselfamenable to the Law and if he then comes not in but keeps out in commmon reputation he is accounted a Traitor or Rebel Sir Arthur Tyrringham being asked whether of his knowledge the Deputies and Council have not frequently Sessed Soldiers on Offenders and Rebels when they could not be brought forth to Justice and what is understood by a Rebel in Ireland He Answered That it hath been the ordinary practice ever since he knew that Kingdom since my Lord of Faulklands being Deputy there and hath been ever practised there both by him and the Justices that came after him That ordinary fellows be commonly reputed Rebels with this observation It is true That every man is not a Rebel at his first going out though he be called so but the course is first to proclaim them and if they be not ameneable to Law they be Rebels and so they may be for Felonies of a very small value To prove that most of the Kings Rents as well Exchequer Rents as Composition Rents have been levied by Soldiers in all the times of my Lord of Cork My Lord of Strafford desired Iohn Conley might be called for who being examined how long since he hath been in Ireland and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army He Answered to the First 15 years To the Second That he remembers it very well that in my Lord Faulklands time it was an ordinary course where the Kings Rents were due to send some Horse and Horsemen and takeup these Rents and lye on them till they were collected and taken up So in my Lord Grandisons time and in all Chichesters time and this is all he cansay Henry Dillon was called And First my Lord of Strafford desired liberty to defend the credit of his Witness as to some exceptions taken to him the other day and offered the occasion of the Order of Council-Board made against him to be only this That he said he heard some such thing said and thereupon was commanded to make an acknowledgement and to this he was invited and perswaded by my Lord Dillon for quietness sake rather than he should be troubled about so small a matter and that being granted he supposed the Gentleman stood upright and was a competent Witness in this or any other cause To which some of the Committee for the Commons answered That they except not against the hearing of him but offer to their Lordships memory his acknowledgement that he spake falsly as a weakening of his memory And then Henry Dillon being asked Whether he knew
should not extend to a Subject This is to take a power above Law and make himself equal to Sovereignty to say that he should not be comprehended more than the King himself He says he did not lead the Soldiers but only gave a Warrant and therefore this should not be Treason but though he leads them not the Commander is an Actor and to give Warrant for Treason is Treason He says this is a Statute-Law in Ireland and not examinable before their Lordships here Mr. Palmer alledged that he would do my Lord right that he submitted to their Lordships Judgements and craved leave to give answer to that point and said The Laws of Ireland are devised from the Crown of England the King being seized of it in the right of his Crown of England and as a parcel of this Crown The power they have to make Laws there is derivative from the Crown of England and they did thankfully accept them from the first Conqueror Since that they had power to make Acts of Parliament but that is subordinate the Laws there are the Laws of England applyed to that place As any particular custom of a place not the general Law of the Land is the Law of that place by a general custom and yet may be judged out of the precincts of that custom so the Laws of Ireland are the Laws of that Kingdom yet may be judged by this Supream Court out of the limits of Ireland Though in an inferior Court when a thing questioned in Ireland is brought by Writ of Error they judge according to the Laws of Ireland not of England And my Lord hath prayed and werequire that he may be judged according to the Laws of Ireland So this Law of 18 H. 6. may be judged by their Lordships though it be a Law in Ireland But my Lord urges that this Law is repealed and for that he gave reasons on many Acts of Parliament First a Statute made 8 Edw. 4. That is made to a particular purpose reciting one particular Statute and repealing that and then by a general clause ratifying and introducing all the Statutes of England into Ireland This being but on a particular occasion with such a general Clause will not be applyable however it will be the Answer to that that follows It is a general Clause to introduce the Laws of England and shall not have that reflexion to repeal any Law of force in Ireland This introducing of our Laws thither shall not work to repeal their Laws but make a consistance of both Laws so far as they may stand together On that Mr. Palmer said he would not enlarge himself it being not matter of Fact and it was not expected that matter of Law would have been insisted on and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law That which my Lord called a Judgement in Parliament 11 Eliz. recites that it was in time of desolation of Justice That the Captains had brought oppressions on the people It was in a time when though the Irish had been victi long before yet they were not brought perfectly under subjection of the Laws of England there then remained Rebellions and Tumults It was in time of Hostility and War And that Statute gives but an Implication neither that Captains should not Assess without the Deputies Warrant And it follows not that therefore he hath authority to do it But howsoever the thing be this was for defence of the people to make resistance against Rebels But the thing in charge was in time of peace and full government of the Law and so that Statute will give no justification at all My Lord of Strafford concluded that there was no Treasonable Intent in this and therefore it should be no Treason on the Statute of the 25 Edw. 3. My Lord recited the words of the Statute Not to be only the levying of the War but adhering to the Kings enemies but these glosses are not to be confounded but severed The adhering to the Kings enemies is one offence within that Statute Levying of War another so that if there be no Adherence yet if there be Levying of War it will be Treason And this levying of War it was on the Kings People perhaps there was no intent upon the Kings Sacred Person yet if it be against the Kings People such a levying of War is Treason ordinary Cases of Felony are to be against the Kings Crown and Dignity though it be the Homicide of a mean Subject it is against the Kings Crown and Dignity because it is against the protection and safety of that man that is the Kings Subject and so the levying of War on the Kings People by laying Soldiers in this hostile manner being against the protection by which they are governed against the safety by which the King is to defend them It is a War against the King his Crown and Dignity This is the Answer to the Defence And Mr. Palmer concluded That he conceived the Charge of the House of Commons in matter of Fact was fully maintained and for matter of Law if there remained any scruple a farther Argument and stronger Reasons should be offered hereafter And so a Recess being granted for a day upon the Humble Request of my Lord of Strafford the House was Adjourned and Saturday following was appointed for the next meeting THE Sixteenth Article The Charge 16. THat the Earl of Strafford the Two and twentieth of February in the 7 th year of His Majesties Reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from His Majesty an allowance thereof that no complaint of injustice or oppreision done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such usurped Tyrannical and exorbitant power expressed in the former Articles destroyed and oppressed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said power And to prevent the Subjects of that Realm of all means of complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the 17 th day of September in the Eleventh year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties service or attending in England by His special command to make their personal Residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of
the said Realm are restrained from seeking relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous ways as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earl April 3. 1641. Mr. Palmer Proceeded in further Maintenance of the Charge of High-Treason by the Commons of England against the Earl of Strafford and said They were now entring upon the Sixteenth Article of his IMPEACHMENT and shewed THat from the Former Articles had been represented several and divers sorts of Crimes and how that in every of them their Lordships might perceive a Power assumed by my Lord of Strafford above and contrary to the Laws and destructive to them in every part so far as concerned the Subject Matter and how these Multiplications of Acts did presuppose an Habit and evidently proved that main Charge wherewith he was Accused viz. His endeavouring the Subversion of the Established Laws and Government and to introduce an Arbitrary and Tyrannical Power And that by this Article it would appear unto their Lordships that those Exorbitances that were done in Ireland were prepensed and intended before his going thither That those Oppressions were so by him done and that he might Countenance it the Article Charges him that on the 22 th of February in the 7 th year of the King he procured from his Majesties own allowance that no Complaint of Injustice or Oppression should be received in England unless the Party made first his Address himself to the Deputy and this was obtained on his repairing to that Government And this was to be observed by the Secretaries here the Masters of Request and all others by whom Complaints might have passage to His Majesty and it remained as a Caution that none should be admitted It is true many specious Reasons and Arguments were subscribed to this Proposition but the effect of them was to take the Reines of Rule into his own hands to prevent the immediate access and approach of the Subjects to His Majesty in their seeking of redress for their Grievances And in the 11 th year of the King after some time spent there to prevent them of all meanes of Redress their Complaints being before Imbargued that they could not be received no person at all must come over without License There must not be a Rumour of what was done in Ireland but such as he should so Authorize To that end by colour of some Laws in Ireland concerning them that were to maintain their Lands against the Irish in times of Hostility and Rebellion and under colour of some Instruction for their keeping their Residence on their Lands as also of a Letter to that purpose from His Majesty he is Charged that on the 17 th of Sept. 11 Car. he issued a Proclamation and that Commands the Nobility Undertakers and others that held Estates in Ireland to reside there and not to depart without his Licence and so restrained them from seeking Relief against his Oppressions without his Licence To them that desired Licenses he deny'd them On them that adventur'd to repair hither without Licence he imposed Fines and Imprisonments for transgressing that Proclamation and howsoever this may be Coloured with Pretences of Instructions and Letters from His Majesty it is an Usurpation on Regality and an undermining of the Protection of His Majesty over His People For Proof thereof Iohn Loftus being Sworn Attested That the Copy of the Propositions made by my Lord of Strafford was taken out of the Clerk of the Councils Office and was a true Copy The said Propositions were Read At VVhitehall 22 th of Feb. 1631. Propositions to be considered of by His Majesty concerning the Government of Ireland These Propositions were entered according to His Majesties pleasure signified by Mr. Secretary Cooke These Propositions made to His Majesty by the Lord Wentworth Lord Deputy of Ireland and Lord President of the North were Read and Approved of at the Council Board 17 th Feb. 1631. There being Present c. THat no particular Complaint of Iustice or Oppression be admitted here against any unless it appear the Party made first his Address to the Deputy This is but Iustice to the Deputy who must needs in some measure be a Delinquent Whence Mr. Palmer Inferred It did appear that this was to be Entered and remain with the Secretaries Masters of Requests and all others whom it might concern The next thing is the Proclamation in effect as followeth 17 th of Sept. 11 Car By the Lord Deputy and Council A Proclamation That Noblemen Undertakers and others shall be Resident here After the Preamble it Imports WE therefore in Obedience to His Majesties Royal Command signified by the said Letter Do Publish Declare and make known His Princely Pleasure That all the Nobility Undertakers and others that hold Estates and Offices in the Kingdom such only excepted as are imployed in His Service in England do hereafter make their Personal Residences here And not depart to England or other place without Licence of us the Lord Deputy any former Letter to the contrary notwithstanding And in case we the Lord Deputy shall have notice of their Contempt of His Majesties Will We shall proceed against them in an Exemplary way to deter others Therefore we straightly Command all manner of persons to take notice of this Proclamation Mr. Palmer observed That by the Propositions all Complaints are prevented by the Proclamation all persons are restrayned from coming over without the Lord Deputies Licence And that in pursuance hereof several persons that have required Licences have been refused That many of their occasions to come over were Complaints against the Deputy himself That such use hath been made of this Act that the Committee of the House of Parliament there were restrained from coming over on pretence of this Prohibition Witnesses were produced And first Richard Wade being Sworn was Interrogated Whether my Lord of Esmond did not require Licence to come into England and if it was deny'd him And Whether he had not a Suit depending with my Lord of Strafford and he would not let him come over till Publication passed whereby he was prevented of examining his Witnesses He Answered That in August 1638 my Lord of Esmond sent him with a Petition to my Lord Deputy for Licence to go to make an end of the Cause wherein my Lord Lieutenant was Plaintiff That he delivered the Petition to my Lord Lieutenant himself and waited on him every day for his Answer that he could not get Licence on that Petition That after this in Michaelmas-Term 1638 as he takes it my Lord of Esmond procured the Kings Letter This Letter he delivered to my Lord Deputy by direction of my Lord of Esmond but in this could not get Licence So that he was deteined from Aug. 1638
turned over to Mr. Ralton my Lords Agent and must give Bond to repair and make his appearance in Ireland Before that Bond was discharged he did return and after his return he Petitioned to be Discharged of this Bond he conceiving he might come over without Licence having no Estate nor Office in Ireland yet notwithstanding he was Sentenced Fined and Imprisoned It is true the Cause expressed in the Sentence is Because he went away not being Examined and the Sentence expresses That he is not Fined for coming without Licence but because he came away without being Examined Henry Parry Sworn was Interrogated Whether the Copy showed unto him was a true Copy of Secretary Cooks Warrant He Answered That he examined it with the Original The Warrant was Read THese are in His Majesties Name to will and Command you to make your present repair to any place where you shall understand of the of Henry Parry Gent. lately come out of Ireland without Licence and by Vertue hereof to take him into Custody and keep him safe till you hear from me Greenwich 20 June 1633. To Thomas Welch Messenger of the Kings Chamber Henry Parry being Interrogated What were the Proceedings with him about his Examinations in Ireland before his coming over And What was the whole Process of the business He Answered That 21 April 1638 my Lord of Ely then Lord Chancellor his Lord and Master was Committed to the Castle of Dublin and no sooner Committed but he the Deponent was sent for to the Council Board and an Oath Administred to him by the Clerk of the Council on my Lord of Straffords direction That thereupon his Lordship Interrogated him Where the Great Seal was He answered his Lordship That he knew not where it was unless it was with my Lord of Ely And after his Lordship had Examined him to that he Commanded him to attend the Iudges the next day to be Examined on some Papers of his the Deponents which his Lordship had seized and brought to the Council 〈◊〉 and thereupon he was dismissed at night That Monday next this being Saturday he attended the Iudges alone to be Examined and attended not only that day but five dayes more from thence to Saturday That on Saturday my Lord of Ely told him He had occasion to send him over into England and desired him to go That he did come away with some Letters from his Lordship to some of his Lordships Friends here And as soon as he came here with Instructions from his Lordship the Instructions were given to his Lordships Friends to Sollicite His Sacred Majesty for his Relief and Enlargement out of Prison and he continued a matter of two Months or thereabouts and on that one Thomas Welsh by Vertue of Secretary Cookes Warrant attached him and kept him in Restraint about three weeks At the end of three weeks he was sent for to Mr. Ralton who told him It was Secretary Cookes pleasure he should enter into Bond to go into Ireland else he should be sent by a Messenger That he the Deponent Answered He could not pay a Messenger but if he could not get leave to stay he would enter into Bond to go to Ireland That Mr. Ralton took a Bond to appear the 10 th or 12 th of August following this being in Iuly 1638. That he came into Ireland according to the Tenor of his Bond. That my Lord of Strafford being to go into the Country he presented himself before his Lordship in the Gallery at the Castle and acquainted his Lordship that he was there to attend his Lordship according to the Tenor of the Bond. His Lordship Asked him Who took his Bond he acquainted his Lordship That it was his Agent Mr. Ralton His Lordship Asked What Warrant had Mr. Ralton to take Bond of you He the Deponent acquainted his Lordship He did not know any Warrant he had but he said He had direction from Secretary Cook My Lord Asked further Where he took the Bond if at the Signet-Office No said he the Deponent It was at his own house My Lord Answered That he the Deponent might do well to attend at the next sitting of the Council-Board And that he the Deponent going away his Lordship called him back and said Methinks Mr. Parry you are much Sun-burned the weather is very hot in England He the Deponent Answered again The weather is very fair His Lordship Interrogated him Where my Lady Moore was and How she did He the Deponent acquainted his Lordship She was in England Here my Lord of Strafford interrupted him Asking If this was to the Business but having direction to go on He Added That my Lord Asked him Why he did not stay abroad to help my Lady Moore to spread abroad her Malice against him my Lord of Strafford to which he the Deponent said He could say nothing and so was dismissed That afterwards he attended with a Petition of my Lord of Ely's and that my Lord Asked him Where his Petition was He said He had not any but presented his Person His Lordship told him That it was Councel-Board-day for Petitions and wished him to come some other time yet after was called back and had an Answer to the Petition That the Tuesday following as he takes it he appeared before his Lordship again without any Petition not knowing any cause he had to Petition That the next day after he Petition'd and on Reading his Petition the Constable of the Castle was called and thereupon he the Deponent was Committed and Censured as he was told the next day 500 l. That his Lordship Declared the Order of the Board That he the Deponent was Fined 500 l. Bound to his Good Behaviour Committed to the Castle of Dublin and to Acknowledge his Offence at the Board and to Mr. Ralton and there he continued in Prison and was utterly Ruined Being Asked Whether he was heard to Answer in the Cause or Whether he was Examined after his Return He Answered That he never put in Answer in Writing nor was there any Petition against him but only his own Petition nor further Required to be Examined from that day to this Being Asked How much of his Fine he paid He Answered That before he could see his Order he was fain to pay Sir Paul Davis 45 l. and when he saw his Order for reducing it for it was reduced from 500 l. to 250 l. of which he paid 184 l. Mr. Palmer proceeded observing That the next thing was a Refusal of the whole Kingdom to Present their Complaints It is true said he it was not by my Lord of Strafford himself but it ensued on these Acts and Proclamations and that was hindering the Committee of the Parliament that were to come over to make a Remonstrance of their Grievances to His Majesty Sir Robert Smith being Sworn and Interrogated Whether he was imployed by the House of Commons to come over hither and Whether he was deny'd Licence He Answered
That we were sent for by my Lord Deputy Wainsford and he put us as we conceived them several catching Questions as If they had not my Lord Deputies Licence and the Boards Whether they would repair to England or no We Answered That in obedience to the House of Commons we did intend to repair to England No sayes my Lord Deputy Answer me Catagorically Would you go or no If we would Command you not to go to this we Answered No being between two Jurisdictions both from His Majesty for we had a Command from the House of Commons and a Counter-Command from His Majesty and we were denied Licence and a restraint of Ships for that cause they conceived to restrain them Being asked whether the Deputy did know the House of Commons had ordered them to come over and yet refused He answered the Lord Deputy did know it it was apparently known to all the Kingdom Mr. Fitz-gerard being examined to the same points as Sir Robert Linch He Answered That after the the Session of Parliament 1 Octob. last and the House of Commons had travelled till the 6 Nov. in the affairs of the Kingdom the grand Committee had heard and discussed many grievances general and particular and voted them to the House That about the beginning of Nov. the House entred into consideration of those grievances and drew up a Petition of Remonstrances to be presented to the Lord Deputy which was voted in the House of Commons 7 Nov. 9 Nov. the whole House attended with the Speaker and the Speaker read it publiquely before him The grievances were of that nature that they did Humbly and of Right as he remembers petition for redress of those grievances that the House conceiving the Parliament would be Prorogued or Dissolved before Redress was given they entred into consideration of a course to present it to His Majesty And 11 Nov. made an Order that the Committee should be appointed to repair to England with a Caution That if Redress should not be had before Dissolution or Prorogation of the Parliament that Committee should not proceed 12 Nov. it was Prorogued without Redress that the next day after Prorogation the Committee was summoned to attend at the Board and there was interrogated severally on a question as far as he can remember viz. Of their intention to go into England whether they would aske leave to go into England and admitting my Lord Deputy should command them not to goe till His Majesties pleasure was known whether they would go To all they were severally to answer and Catagorically this was my Lord Deputies word after Answer given they were ordered to withdraw and being called in again it was made known by the Lord Deputy Wainsford That he and the Lords had considered the whole matter and bade them take notice there was a Proclamation restraining all the Subjects of Ireland to make repair to England till application was made to the Deputy That he engaged them in Allegiance not to depart till he the Lord Deputy had known His Majesties pleasure whether they should goe or no which he would labour to know speedily The next thing Mr. Palmer offered was the Irish Remonstrance which was read To the Right Honourable the Lord Deputy The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament THe Petitioners do conceive great and strong fears of a Proclamation published in this Kingdom Anno 1635. Prohibiting men of Quality or Estate to depart this Kingdom without the Lord Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to His said Majesty and Privy Council of England to obtain remedies against their just grievances as their Ancestors have had since the Reign of H. 2. and great Fees exacted for the said Licences And so Mr. Palmer summed up the Evidence That by the Proposition made before my Lord Deputies going over it appeared what was intended That no complaints of oppression should be made without address First to the Deputy and what followed declares plainly the execution of it That notwithstanding the injustice and oppression done complaints could not be received By the former Article their Lordships have heard what he did there and the great causes of complaint After in time is the Proclamation their Lordships see the use made of it that those who had made complaints against my Lord himself and his Orders were refused to have Licence some that adventured to come without Licence were Fined and Imprisoned to their utter ruine The whole Parliament when the Order was well known were refused to have Licence it is true not by my Lord of Strafford but the Deputy who coloured his denial from these Acts of my Lord of Strafford what fears they had their Lordships may apprehend by the Remonstrance My Lord of Strafford assumed a great power to himself all Addresses being first made to him and the Subject thereby excluded from His Majesty till such address was made so that his Lordship is not Par negotio but Supra above all the authority committed to him not an Accessary but Principal not in the nature of a Subject but Domini and so he expected his Lordships Answer My Lord of Strafford after a little time of recollecting himself began his Defence in substance as followeth That he should only apply himself to the things in charge as near as he could and give the fairest Answer he could where by the way he alledged That he might very justifiably say he had never in his life other thoughts or intentions before his going into Ireland or during his abode there but justly and faithfully in the service of His Majesty and the Kingdom nor did he ever desire or intend any thing so much as to introduce the English Laws and Government there And whereas he is charged with a subversion of the fundamental Laws he may say he thinks with Truth and Modesty that the Laws had never so free a passage that never any Deputy gave less interruption to the proceedings of the Law than it had during all his time That it did not appear by all that hath been said that there was any stay of legal proceedings for all the Causes spoken of him came originally and primarily before they depended in any other Court and that he never hindred but gave all furtherance to the passage of the Common-Law and therefore if their Lordships find as they cannot but expect from him much Error and mistakes he besought them out of their Goodness and Nobleness to apply it rather to his Infirmity and Weakness than to any habit of ill he had got as he trusts he should make appear to their Lordships The Charge is to have procured with an intent of oppression a stop of all complaints of Injustice that none might be received in England unless it appeared That the party did make his address to him To prove this the Gentlemen have read a Proposition of his made
before his going into Ireland and as appears by their own shewing such a Proposition as was allowed and approved of by their Lordships at the Council-Board He desires that in this as in all things else he might not be taken in pieces but altogether for if they take part and leave what they please they may make a man speak strange things and therefore he desired their Lordships would hear the reasons inducing that Proposition as well as the Proposition it self being under the Clerk of the Councils hand and so attested by Mr. Ralton The Proposition and Reasons were accordingly read as followeth in substance Feb. 1631. A Proposition amongst divers others entred in the Register of the Acts of Council 22 Feb. 1631. follows in haec verba THat no particular complaint of Injustice or Oppression be admitted here against any unless it first appear he hath made his Address to the Deputy And indeed this is but justice to the Deputy who must needs in some measure be a Delinquent if the complaints be true as being in chief universally to take care that His Majesties Justice be throughly complyed with in that place and therefore good reason his Judgement should be informed and his Integrity first tryed before either be impeached Nay it is but justice to the Government it self which would be exceeding scandalous through the liberty of complaints and the Ministery therein extreamly discouraged upon every petit matter to be drawn to answer here when the thing it self is for the most part either injurious or for which the party might have received good satisfaction at his own door But where the complaint appears formally grounded and where due application hath been made to the Deputy without relief to the party let it be throughly examined and severely punished wheresoever the fault proves to be especially if it be corrupt or malicious for so he shall not only magnify his Justice but punish an unfaithful Minister or clamorous Complainant and his service shall thereby be bettered From whence my Lord of Strafford inferred That by this it might appear to their Lordships his intent was not to assume any greater Authority than became him to desire but meerly to prevent clamors and unjust complaints and that they might be redressed nearer home without Complaint and no way to hinder any mans just complaint And so it had no relation nor aspect to himself but meerly to the furthering of the Kings Justice And so that Proposition could not he conceived be turn'd upon him otherwise then as Just and Honourable For the Proclamation it self and the staying of men from coming without Licence the thing complained of he begged leave to acquaint their Lordships with some particulars He conceived by the Laws of Ireland no man that is a Subject and Liege-man there can come from thence without Licence from the Deputy but it is very penal and to that purpose he would mention two or three Statutes of that Kingdom One is the 26 H. 6. ca. 2. The Title whereof is An Act that the Kings Subjects or Officers in Ireland may be absent by the Commands of the King or Governor or Council without Censure of c. The words of the Statute in substance Also it is decreed and agreed that none of the Kings Liege men who comprehend all as he conceives or Officers of the Land go out of the Land but by Commission from the King or his Heirs Lieutenant-Iustices c. All the Rents Benefits Offices or other Possessions by their said Absence shall be seized into the Kings hands c. Whence my Lord of Strafford inferred That if they go without the Governors Licence there is a forfeiture of all these Another is 25 H. 6. Ca. 9. It is ordained c. That if any Liege-man be out of the Kingdom by the Commandement of the King or his Heirs or the Lieutenant there Deputy-Iustices or Council Their Rents c shall not be seized c. Whence his Lordship inferred That if they go without Licence they are punishable for it The next is a certain Article preferred by certain Irish Agents then in England in May 1628. or thereabouts long before he was thought on for a Deputy in Ireland either by himself or any body else and this is from their own desire and Petition Being attested by Mr. Ralton to be a true Copy one Article was read being in substance as followeth May 1628. TO the Kings most Excellent Majesty the humble Petition of Your Majesties faithful Subjects appointed Agents to prefer certain humble Requests c. to your Highness in behalfe of your Kingdom of Ireland After the Preamble amongst other things it contained That His Majesty would be pleased that in respect of the non-residence of many great men who spending their Estates abroad the Kingdom was impoverished and great sums of Money transported Order might be taken that both they and all Undertakers on whom Estates have been bestowed for the better supporting and improving of the Kingdom may make their personal Residence at least half the year and not to depart without Licence His Majesties Answer was given in these words ALL the Nobility Undertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons excepted only as are imployed in Our Service in England or attend here by Our special Command Next my Lord of Strafford desired he might read the Lord Faulklands Instructions which as he conceived were pursuing to this and they were as he takes it 24 May 1628. which being attested by Mr. Brooks to be examined by the Original was read C. R. Instructions to be observed by or c. Henry Viscount Faulkland or Council there c. ALL the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their personal Residence there and not to leave it without Licence such persons only excepted as are employed in Our Service in England or attend here by Our special Command Next His Lordship offered His Majesties Letter of 20 th of Ianuary 1634. Commanding the publishing of this Proclamation which Mr. Ralton affirming to be a true Copy was read C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility Undertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or foreign parts as if they understood not what they owed to Us in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Undertakers and others that hold Estates and Offices such persons
redress of Grievances and Oppressions and that is in the Charge against my Lord of Strafford For the Instructions of May 1628 on a Petition by the Inhabitants the Petition was That they might make personal Residence at least half a year but that related to Undertakers and others that have Lands and Offices there and so was for the same purpose that the Lands should be safeguarded But certainly there is great difference between Residence and Restraining a Resort hither to make Complaint to His Majesty It is true there should be a Residence they were not to depart without Licence but if they had Temporary occasions or Reasons of Complaint it is not against the Instructions that Licences should be deny'd My Lord insists on this that it is the Law of the Land and agreeable to the Laws of this Land and he would willingly bring the Laws of this Land into Ireland But under favour the Laws of this Land are not so It is no offence or Contempt for any Subject to depart this Land without Licence Our Books are so The Statute 5 R. 2. did provide that none should depart without License a general Prohibition except they were Lords and good Merchants Therefore by the Law before that Statute was any Man might depart without License and that Statute is since Repealed by a Statute made 4 Iac. So that by the Common Law of England the passage is open again and it is no offence at all to depart without Licence It is true His Majesty may restrain by a Ne exeat Regno c. or by a Proclamation on special Causes but till then the passage is open and they may depart by the Law of the Land and the Penalty is only in the Case of the Absentees My Lord alledges the Kings Letter There is as much skill as can be for a Defence The Proclamation reciting these Letters and the Instructions But the grounds are false for that which is appliable to a Residence for Defence my Lord makes a ground to restrain all kind of Resort My Lord takes notice of his Moderation in Executing the Kings Letter in respect of the distance of time between the Letter Ianuary 1634 and the Proclamation Sept. 1635. If it had been a Service to His Majesty it should have been speeded sooner It was a disservice in being so long delayed if the matter required it but there was something else It was not fit for my Lords opportunity till then and when it was fit he publish'd it and not before My Lord deserting his Justification by the Proclamation as a Temporary Law as he may for Proclamations be not Temporary Laws in case they be against Law but Publication of Lawes Now he insists on this That by his Commission he himself hath not power to publish Proclamations but by advice of others So the power is not in himself alone for he had the Concurrence of other Counsellors joyned with him Mr. Palmer desired their Lordships to observe his own Answer and the Reason why that Unreasonable allowance was got which is That he is Responsible for the Justice of that place and if he be so he takes but their Concurring with him in a thing so much against Law it may make it an Offence in them it cannot extenuate his Offence He insists on a necessity of this that it is fit for that Kingdom and wishes it might be so continued and that in several respects in respect of O Neale and Tirconnel and the Rebels that adhere to them and that it might be dangerous if those in Ireland should go out at their pleasure Indeed if their Resort were thither it were true But the Commons having offered nothing but their Request to come into England where there is no O Neale nor Tirconnel to Complain to the King of Oppressions and however my Lord of Strafford doth conceive it fit in Ireland their Lordships hear by the Remonstrance what Just Fears they apprehended It is an Innovation brought on them which was never on their Ancestors from the time of Henry the Second The next thing was his Demeanor in the Execution of this Proclamation Then he made that General Protestation That these particulars were not Complained of To which Mr. Palmer said He must Answer as before My Lord hath put it in Issue That he never did deny Licence which casts the Commons on Proof That that in particular hath been deny'd The Case of my Lord of Esmond is observed to be in time 1638. And whereas it is said A License was deny'd because there was some Charge against him of practising against Sir Walsingham Cook This needs no other Answer but what Sir Adam Loftus has given That the business was continued in Examination no longer than three weeks or thereabouts and was then dismist whereas the Denyal continued longer But if it be truely informed This demand of Licence to come over was in August the Information came not till September after so that the Information cannot be applyed to avoid the Denyal of the License Torky being Asked the time of year the Summer Assizes used to be in Ireland He Answered That he hath observed them since his knowledge of that Kingdom to be in September for the County of Wexford Whence Mr. Palmer Inferred That if the Petition were in August the Assizes in September this could be no Reason why in August an Information in September should be the Cause of denying the License My Lord sayes afterwards He did give him a License but your Lordships may remember it was not till the opportunity was past of examining Witnesses And whereas it hath been said in Answer That my Lord of Esmond did joyn and Riley was produced yet Riley sayes There were two Defendants Sir Pierce Crosby and my Lord Esmond and for whom the Commission was he cannot tell And if there were a Commission it is very ordinary to have more then one and if it be desired a second is just as the first Mr. Ralton sayes he is confident there was a Commission if there was so Why is not that Record produced The next particular was my Lord Roche and the Answer to that is That there was an Information against him in the Starchamber It is true but that had ceased half a year before he desired a License and therefore could not be a cause to hinder a Licence For Dermond Mac-Carty it is said his Petition was for liberty to go over for breeding and therefore he might go to Doway or St. Omer c. But their Lordships might observe this Petition was to come into England and the occasion was his Relation to that Suit and that is conceived the cause of denying that Licence for my Lord could not but know that Mac-Carty had relation to the suit before him which was decreed after a double dismission and it is no Exception that the Witness is his Sollicitor in the Cause It is ordinary that the Sollicitor be admitted a Witness and the best
being satisfied with what was formerly offered spared his Examination And Mr. Whitlock observed That they did produce these Witnesses the rather because my Lord of Strafford sayes in his Answer they willingly came to Dublin and were Suitors for the Oath Whereas my Lord sent for them when they were there my Lord perswaded them threatned them contrived the Oath himself altered the Petition appointed who should draw it which disproves what is in his Answer alleadged To prove That because diverse of the Scotish Nation were tender and loth to take the Oath or submit to all the Commands of my Lord of Strafford though they would to the Kings they fled the Kingdom and left their Estates Sir Iohn Clottworthy being examined to that particular Answered That he could speak to this particular clearly to his own Knowledge for then my Lord was pleased to insert him as a Commissioner in the said Commission and he was there sometimes and beheld the Execution of it He did likewise see the Multitude when the Oath was generally prest on several Commands from my Lord Deputy to enforce it did leave their Dwellings and Habitations their Corn on the Ground and their Cattle and fled away but whether into Scotland or no he could not precisely say but so it was reported but that Multitudes went away he knew to be certainly true Being Interrogated Whether my Lord of Strafford did by his Instructions deny liberty to the parties to whom it was tendered to peruse the Oath He Answered That he cannot precisely charge himself with it for the Instructions are out of the way but that was as he verily remembers part of the Instructions That they should have the Oath Read over to them but no Copies delivered to them at all Being Asked on my Lord of Straffords motion Whether the Commission and Instructions were not under the hand of the Council as well as himself He Answered That he never saw a Commission under the hand of the Deputy or Council but under the Seal but the Instructions were under the hand of Deputy and Council And Mr. Whitlock observed That my Lord of Strafford drew in the rest to himself Mr. Whitlock then proceeded to the matter of the Sentence against Stuart and Gray who were Imprisoned Fined five times more than the value of their Estates deteined in Prison a very long time very hardly and cruelly used and on this Sentence were the words spoken by my Lord of Strafford which showes his Rancour to the Scotch Nation Richard Salmon Sworn and Interrogated What he knew concerning the Sentencing of Stuart his Wife and Daughters and Gray in Ireland He Answered That on the 10 th of October 1639 after the Kings Attorney Sir George Ratcliffe and many other Lords and Noblemen had given their Sentence concerning this Oath many of them pleading to make it High-Treason and that it was a merciful proceeding against Mr. Stuart his Wife and two Daughters and Gray in that Court My Lord Primate came to shew that if it had been against the first part of the Oath to deny Allegiance and Supremacy to His Majesty it had been so but being against the second part they were to be Judged in that Court My Lord of Strafford told my Lord Primate he was mistaken and that the Bishop of Derry had said well in that they would not Abjure all other Oathes Bonds Covenants whatsoever it was as palpable High-Treason as if it were against the first part of the Oath Thereupon my Lord said These people are mad and I know not how to express my self without going beyond my self they have almost made me lose my self But sayes he Mr. Sâ—t now you have heard my Lord Primate thus much What can you speak for your self Mr. Stuart Answered He was willing to take the first part of the Oath but in that the Oath seemed to bind them not onely in point of Allegiance and Supremacy but likewise in point of Ecclesiastical Duties therefore he durst not take it My Lord told him again he the said Mr. Stuart was not mistaken but had judged right the Oath was not only intended to bind them to Allegiance and Supremacy for that they had other Oaths but likewise to be obedient to the Ecclesiastical Ceremonies of the Church either established or that should be established by His Majesties Royal Command and that whosoever would be obedient to the Ecclesiastical Orders of the Church he would lay his hand under their feet to do them good but whosoever would resist he would prosecute them to the Blood Being Asked on the Earl of Clares motion Whether he be a Minister He Answered That he had Taught School in Dublin but hath not taken Orders Being Asked What other Orders my Lord of Strafford let fall concerning the Scotish Nation being Rebels He Answered He remembers my Lord said They had caused him to forget himself He said also That they were Traitors and Rebels and that if His Majesty would honor him so much as to send him back again he would eradicate root and branch even all of that Nation out of the Kingdom of Ireland saving such Lords and others that had taken the Oath Being Asked What Fines were Imposed on Stuart and the rest He Answered To the best of his Remembrance it was 5000 l. on him 5000 l. on his Wife 3000 l. a piece on his two Daughters and 3000 l. on Iames Gray Being Asked Whether they were worth these Sums He Answered That it is not known to him but he conceives Gray was not worth a hundred pound for he lived on the Maintenance of Mr Stuart in the Prison And he knows not whether they paid any thing of the Fine or no. But Mr. Whitlock observed That Stuart was fain to sell his Estate to pay his Fine Iohn Loftus being Sworn and Interrogated Whether he was present at the Sentence against Mr. Stuart and the rest And what it was He Answered He was in Dublin when Mr. Stuart his Wife and two Daughters and Iames Gray were brought by the Sergeant at Armes from their House to Dublin where they remained Prisoners in his Custody and were thence carry'd one by one to Mr. Attorney and Sworn by him and after their Examinations taken were called to the Court of Star-Chamber and proceeded against Ore tenus At which hearing he the Deponent was And after the rest of the Lords had delivered their Opinions he heard my Lord Deputy deliver his likewise and his in substance was He consented in fine to that the Lords had laid before viz. 5000 l. on Stuart 5000 l. on his Wife 2000 l. a piece on his Daughters and 2000 l. on Gray and my Lord exprest himself That he wanted termes to set forth the heinousness of this Cause and that he was to leave his Sword but if it pleased His Majesty to return him thither again he hoped to have such as would not Conform themselves to the discipline of the Church
rooted up Stock and Branch Being bid to repeat his Testimony He said He Declared he was then to leave his Sword and if His Majesty would return him thither again such as would not conform themselves to the Government of the Church who were of the Scotish Nation He hoped to root them up stock and branch or words to that effect Mr. Whitlock did then Sum up the Evidence That he conceives it proved that my Lord of Strafford Contrived the Oath sent for them of the Scotch Nation by Letter and then wrought with them to make it their own Work and Suit though it was his Command and by threats to some of them that did but desire to consider of it That diverse of the Scotch Nation being tender in their Consciences to take the Oath it being a new Oath and tendered without Authority of Parliament and so rather than they would take it were forced to leave their Habitations their Corn standing with all their Goods and Fortunes and to flie out of the Kingdom That Mr. Stuart his Wife and Daughters and one Iames Gray were Sentenced very deeply for refusing this Oath and that my Lord of Strafford declared That this Oath extended to the Ceremonies of the Church established and to be established That the Scotch Nation were Rebels and Traytors not going to any particular Man but the Nation in General And that if His Majesty would send him back again to that Government he would root them out root and branch This is to take a Power far above the Law this is to bind their Consciences by an Oath and to force them to that which they are tender of the Execution of this with so much rigor and cruelty showes the strength of my Lord of Straffords design to alter the Lawes and to do it with a strong hand with all his Force and with all this Cruelty And so my Lord of Straffords Answer was expected And then my Lord of Strafford after a little respit began to make his Defence in substance as followeth That almost every new Article sets forth a new Treason that for his part he never heard of before but for this that is now the Treason and concerns the Administring of an Oath to such of the Scotch Nation as were in Ireland He the Defendant besought their Lordships in the first place to take into consideration the time when this Oath was Administred because of something else that in the Conclusion for his further Justification he shall be bold to offer to their Lordships but he will begin with that which is matter in hand which though he cannot say was the true Reason that made him first think of it yet was a sufficient reason of it self if there had been nothing else The Proclamation for this matter he remembred was dated 20 th of May 1639 and in what condition the Kings Affairs then stood their Lordships and my Lord Steward in particular who was General are very well able to call to mind and what fears there were of the ill events of the things then in hand The apprehensions were That the Scots being a great Body in Ireland and not so few he is perswaded as 100000 by reason of their nearness to their own Countreys confining upon it might perhaps have Intelligence and Occurrence with their Countrymen called Those of the Covenant And this was the sence of all that were Ministers of that State under the King as well English as Irish and even those of their own Nation Thereupon they entred into Consideration how to secure that Kingdom and settle things in quiet Besides there was a Man afterwards Condemned of Treason for having a Plot and Design to have seized on Knock-fergus Castle and delivered it to a great Man in Scotland whom my Lord said he would not name for which he lost his life afterwards These particulars were confirmed by several Witnesses And to prove that there was a Debate at Council-Board for preventing of these Inconveniences my Lord of Strafford desired some Privy-Counsellors of Ireland might be examined Robert Lord Dillon being Asked Whether he and the State of Ireland were not very apprehensive of the danger that might happen to the Kingdom of Ireland If the Scots should declare themselves any way to the disquieting of that Kingdom He Answered That about that time there were some Advertisements out of the North of particular Meetings and Contrivances of some Plot or other by the Scots which made the State very apprehensive that there might be danger ensuing and that the consequence would be ill Being Asked Whether there was not a course taken upon that for an Oath to secure the quiet of the Kingdom He Answered It was debated at the Board and concluded That it would be a great Security and Obligation on those of the Scotch Nation in Ireland to keep them from Treating or Concluding any thing together if there should be any Invasion Being Asked Whether it was not thereupon resolved To Consult the Principal Gentry of that Nation and to speak with them and Whether my Lord of Straffords Letters were sent in persuance thereof He Answered That he thought the Letters were singly subscribed by the Lord Deputy himself but it was also with the privity of the Council Sir Philip Manwaring being Asked to the same Point Answered That at the time the Proclamation Issued he was in England which was the 16 th or 20 th of May But before he came from Ireland there were very many Apprehensions that Inconveniences might arise and many Considerations in Council which way to prepare and prevent them Sir Adam Loftus being Interrogated to the same Point Answered That there were at that time some Apprehensions and Fears of Danger that might arise from the People of the Scotch Nation in respect of their numbers there lest they should adhere to them of the Covenant in Scotland and thereby endanger the Kingdom of Ireland at that time And therefore it was debated at the Council-Table that some Oath or Bond might be made that might divert them from joyning in the Scotch Covenant and thereupon it was resolved That the Principal Noblemen and Gentlemen of Scotland that were then in Ireland should be sent for and there dealt withal both to express their Loyalty and Service to the Nation of Ireland by their due obedience and also to offer some Means that might be Security to the King and themselves And being further Interrogated Whether my Lord of Strafford's sending for these Principal Gentry of the Scotch Nation Was not with the Privity of the Council He Answered That he thought it was and Added He was very Confident it was though the reason was not exprest in those Letters Being Asked on M r Maynards Motion Whether he was there when my Lord Mountgomery and Sir Iames Mountgomery made Exception to the Form of the Oath contrived He Answered He was not present at any Exceptions taken at it Being
Asked on M r Whitlocks Motion who were those that took it so chearfully And whether the Bishops were not more chearful then others He Answered That indeed he observed no Reluctancy My Lord of Strafford here added That he speaks it truly to the honor of that Nation be it spoken the Oath was taken with much chearfulness and not any man made scruple in the whole business to his understanding save only Sir Iames Mountgomery but took it with all the readiness in the World This is as true as he lives and he thinks he speaks it for their honor and were he one of the Temporal men in that kind he should be very unwilling to be asked whether the Bishops had been more ready to give Allegiance to His Majesty than himself and he thinks he that asked the question doth them a great deal of prejudice in it Finding them thus prepared he was glad of it and they being willing to prefer such a Petition he went to them and served them with all willingness as he had reason The Petition was cheerfully brought to him to be looked over and to have his opinion how he liked it It was brought him by my Lord Mountgomery Sir Iames Mountgomery's Brother and some others whom he remembers not But these words he remembers particularly in it An offering of their Lives and Fortunes for vindicating the Authority of Regal Power which he said was too general and though they intended it well might be turned too strictly on them and therefore he desired it might be qualified with these words In equal manner and measure with other His Majesties Subjects and the words were put in by him as he is sure my Lord Mountgomery would justifie The Petition was read and the Act of State wherein it is recited being in substance as followeth By the Lord-Deputy and Council WENTWORTH Where we have lately made an Act of Council in these words WHereas divers Lords Spiritual and Temporal Knights and others inhabiting in this Kingdom have lately exhibited a Petition to us in these words following To the Right Honourable the Lord Deputy and Council c. The Humble Petition of c. The Petition recites The horror apprehended by the Petitioners His Majesties Subjects of the Scotish Nation inhabiting in Ireland for the Covenant sworn by some of their Countreymen in Scotland without His Majesties Authority and Consent Their dislike therof and their consideration that the causes of that action may be understood to reflect on the Petitioners though innocent They crave leave to vindicate themselves from so great a Contagion and desire his Lordship to prescribe a way by Oath or otherwise to free themselves from these proceedings to declare their acknowledgement of the Kings Regal Power and their dislike of that Covenant and of all other Covenants entred into c. without His Majesties Regal Authority which they are desirous to manifest by offering their lives and fortunes to vindicate the honor c. of their Sovereign which they are ready to do in equal manner and measure with other His Majesties Subjects c. and divers names were to the said Petition subscribed In consideration of which Petition we cannot but commend the wisdom of the Petitioners which we will not fail humbly to represent to His Majesty and for that we know many of this Kingdom have expressed good affection to His Majesty and His Service and dislike those disorders We hold it fit c. to free them the better from the Crimes and Scandals which their Countrey-men have gone into as also to free them from all prejudice and to approve to the King and to the whole world their Allegiance to him and his Regal Power and the dislike of that unlawful Oath and Covenant We do therefore ordain That all and every person of the Scotch Nation that inhabit or have Estates or any Houses Lands Tenements or Hereditaments within Ireland shall take the Oath herein expressed on the Holy Evangelists on pain of His Majesties High-displeasure The tenor of which Oath follows c. To several seect persons c. Authorizing them to call before them and administer the Oath to every person of the Scotch Nation c. At such time and place c. And such Instructions as shall be in that behalf given by the Deputy and Council c. And to certifie the names of all that take the Oath and if any refuse to certifie their Names Quality and Residences to the Lord Deputy c. And there is a Command that all of the Scotch Nation do appear before the said Commissioners at times by them to be appointed and to take the said Oath before them and that all persons may have due notice we think fit this be published Dated May 1639. To prove a design of seizing the Castle of Knock-Fergus my Lord of Strafford desired Mr. Slingsby might be examined and being Interrogated He Answered That about the time when it was supposed the King was in the Field of Berwick there was an Advertisement from Knock-Fergus that one Trueman had writ a Letter for betraying of the Castle there the party that sent the discovery was to be employed in the Letter and he enformed there were the hands of Twenty that should have subscribed it the Letter was conceived to be voluntarily from Trueman and not sollicited out of Scotland Trueman was sent to Dublin and examined and sent back to be tryed in the Countrey and there he received his Tryal and was Hanged Drawn and Quartered Being asked of what Nation he was He says he doth not know of what Nation but he supposes he was an Englishman For his further justification he saith at the same time there was the like Oath and Proceeding here in England The Copy of which Oath now read being affirmed by Mr. Ralton to be a true Copy 5 Iune 1639. A Copy of an Oath tendered to some of the Scotish Nation resident here in England as it is entred in the Scotish Book being in substance IN Doe faithfully swear profess and promise that I will faithfully obey my Sovereign Lord King CHARLES c. and defend and maintain His Royal Authority and that I will not bear Arms nor do any rebellious Act against him nor profess against any His Royal Commands c. And that I will not enter into any Covenant or Bond c. Of mutual Defence or Assistance against any person c. or into any Covenant Bond of mutual defence or assistance whatsoever without His Majesties Sovereign and Regal Authority And I do renounce and abjure all Covenants contrary to what is here sworn professed and promised And he submits it to their Lordships Wisdom and Justice what offence this had been for a Deputy of Ireland in a time thus conditioned for securing the publique peace of that Kingdom where he serves the Crown upon such apprehensions as these fairly without any constraint or violence offered to endeavour by such a manner of
power higher and above the Law He would frame a new Law and for not observing that a new Punishment too He sayes There is nothing of the Ecclesiastical Discipline in the Oath but the Witnesses expresse it that my Lord interpreted it to extend to the observation of the Ceremonies and Government of the Church established and to be established His denial to speak the words That he would root out the Scotch Nation doth not disprove that which is so clearly and strongly proved by two Witnesses He sayes He should be Frantick if he should speak such words but one of the Witnesses said He exprest himself to be transported and that he knew not what he said in that Sentence He sayes He never received wrong from that Nation but Curtesies then those words show the more Ingratitude He says Sir Iames Mountgomery speaks nothing that sticks on him It is true he speaks only to the Contravening of the Oath but he shows that to be expresly otherwise then in my Lords Answer He confesses he gave the Oath but whether he did or no his Authority Injoyning of it would have been all one He says Sir Iames Mountgomery desired the words Iust and Lawful Commands might be added and that my Lord expounded it No other were intended But then there was the less reason to deny the inserting some of them for their sakes that were tender and desired to have them put in for their satisfaction He sayes That Sir Iohn Clotworthy deposes That Multitudes of the Scotch Nation went away but he names none But if Sir Iohn be Asked he will give very good satisfaction Sir Iohn Clotworthy being Asked to that Point He Answered That he might easily amongst so great a Multitude Remember so few names and when he heard my Lord of Straffords Exception Multitudes did throng in upon him whereof he did now particularly name about six and said He could name a great many more Being Asked concerning the Execution of Trueman as a Traytor for the matter of Knockfergus He Answered That he was at Knockfergus at the Assizes when this Trial was concerning this Trueman and was then on the Bench and heard all the passages of the business whereof he made this brief Relation as followeth This Trueman was an Englishman that dwelt not far from Knockfergus and one that was sent about the Country but by whom Sir John could not tell but there were vehement Suspitions that he was Imployed to find out those that would engage in Discourse concerning the Scotch business he spake with one Captain Giles who feigned himself a great Friend of the Scotch Nation and said That he conceived they were greatly distressed and wished that he could use means whereby they might be eased Hence he discoursed with True-man who was but a silly Man and got from him words whereby he discovered a good will to the Scotch Nation and some discourse about the Castle of Knockfergus insomuch that he got Truemans Letter to recommend him into Scotland whether he pretended a desire to go to serve under that Command Upon this he produced the Letter and that was given in Evidence against him and so he was Condemned and Executed Mr. Whitlock proceeded and said My Lord alledgeth for his Justification another Oath enjoyned here to the Scots by the Authority of the Council-Board but this gives no Countenance to that in Ireland for the Oath enjoyn'd there was another after that enjoyned by my Lord of Strafford therefore that which came first can receive no colour from that which came last And the Oath here being the same as near as we can remember with that in Ireland was rather a Precedent for this Howsoever the Committee never heard that the Oath here was executed or enjoyned to any Though Richard Salmon was mistaken in point of time of speaking those words of the Scotch Nation at the Sentence yet he speaks to the substance and matter of the Sentence and Words and it was when my Lord of Strafford was in Ireland and though the name of the Month be mistaken it cannot weaken his Testimony and my Lord of Strafford confesses he was at the Sentence and the day before he came to England And with him concurs Loftus though not in Words yet in Substance My Lord produced Witnesses concerning these words Sir Philip Manwaring affirms my Lord said He was very sorry Stuart should be the only Man yet it is proved that diverse were brought to Dublin and Imprisoned there and many hundreds forsook the Kingdom and left their Estates therefore he could not be the onely man But though he and the rest remember not the words yet if the Witnesses produced do precisely remember them the forgetfulness of my Lord of Straffords Witness shall not at all Impeach the other So the Committee concluded thus That it stands clear that my Lord of Strafford hath assumed a power to himself above Law to Administer an Oath contrary to Law a new Oath to bind Mens Consciences with great severity He said formerly He would make an Act of State equal to an Act of Parliament and nothing can make an Oath but an Act of Parliament in this therefore he is as good as his word This is an assuming of a Power above Royal-Power for an Act of Parliament cannot be made without the Three Estates their Lordships and the Commons are Interested in it for this is not Penes Potestatem ministri Mr. Maynard added That some Exceptions had been taken against Sir Iames Mountgomery viz. That he was scrupulous to the Petition but not to the Oath My Lord of Strafford takes a Power to Administer an Oath It is hard to lay such Bonds on any but to put it on general and ambiguous words is much harder And how far that may intrench on any Man if for refusing such an Oath he shall be Sentenced in the Star-Chamber more then he is ever able to pay and more than my Lord of Strafford confesses he would expect payment of this is so transcendent an Incroachment that there cannot be a greater for it takes away Liberty of Conscience and endangers the whole Estate And the Kings Letter doth not justifie the proceeding at all for had my Lord persued that and gone no farther there had been no Complaint for His Majesty enjoyned him to take an Oath that might distinguish one from another but doth not enjoyn to punish them that refused it the Grievance is the Coertion of it and so under favour It is no Justification Mr. Stroude added That my Lord of Strafford at the end of his Speech said If this were Treason and the Occasion offered he would be ready to do it again And Mr. Stroude said He must confess he doth believe him and this makes him consider a heavy thing that once befel this Kingdom When Gaveston came to over-act his bold offences how heavy that befel the Kingdom he leaves to their Lordships Consideration My Lord of Strafford desired to
clear this Point and said The Gentlemen is a great way off him and may easily mistake For he said Were it again to do being no better informed then he was at that time he should do it But now he understands more than he understood before But Mr. Stroud Answered That under-favour he did not mistake my Lord for he remembred how fierce my Lord was upon an Oath in the Case of the Loane when he was a Commoner My Lord of Strafford did here desire a Motion or two The First Importing That he should be very unwilling any thing should befall him that might be a Prejudice to the Peerage of the Realm and out of the duty he owes to that he might crave leave humbly to enform their Lordships That he hath a great Family in Ireland his Wife and Children are there that all he hath is seized on So that he hath not as he protested but as he borrowes it Money to buy Meat to feed himself here And how his Wife and Children and Servants do in Ireland he knows not but that they are under the Providence of Almighty God That it is a heavy Case that being Impeached of Treason and Constructive Treason he hopes it will prove at the most that he should be thus used being a Peer of the Realm to have all he hath taken in this sort and his Wife and Children and Family thus unprovided for and left without so much means as to feed themselves he therefore besought their Lordships to take him into Consideration that he may not be worse than the meanest sort of people having the honor to be a Peer under the pretence of Treason The Second was That since my Lord-Keeper and my Lord of Northumberland may be very good Witnesses for him in the subsequent Charge that will next come before their Lordships And whether my Lord Cottington be in disposition to be here on Monday He knows not that therefore some course might be afforded that he might have the benefit of their Testimony when he shall come to Answer the next Charges Being demanded by the Lord Steward By whom his Goods were seized and Whether by the Orders of the House of Commons Read the other day that their Lordships might clearly understand him His Lordship answered Yes From whence Sir Iohn Clotworthy observed That by these Orders nothing could be Inferred but a Sequestration of the advantage that might possibly be had by the Tobacco And that his Lordship had a fair Estate in Ireland of per Annum acquired since he came into Ireland which is not at all touched To which my Lord of Strafford replyed That he had a Thousand a Year in Ireland and that was all And he had Two hundred and sixty in Family and how those can be maintained All the Customs being seized and a little Money he had having but narrowly escaped he desired their Lordships to take it into their Consideration For these Particulars his Lordship had direction to Petition to their Lordships And so the House was Adjourned and Monday morning next appointed to proceed about the ARTICLES The Council for the House of Commons having proceeded against the Earl of Strafford Article by Article till they came to Article 20 but then finding the following Articles so nearly related to one another they would tye themselves no more to these Rules but pleaded for Liberty to handle them not as they lay but as they were Related to one another And after my Lord Strafford had long and vigorously opposed this my Lord High Steward Determined the Case and Ordered They should be handled promiscuously and in cumulo as the Council for the Commons-House should think fit Therefore I have set down these Articles that were thus Debated here THE Twentieth Article The Charge 20. THat the said Earl hath in the Fifteenth and Sixteenth years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotch Nation And diverse and sundry times and especially since the Pacification made by His Majesty with His said Subjects of Scotland in Summer in the Fifteenth year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an Offensive War against His said Subjects of the Scotch Nation And the said Earl by his Counsels Actions and Endeavors hath been and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of Warr against them The said Earl having formerly expressed the height and rancour of his Mind towards His Majesties Subjects of the Scotch Nation viz. the Tenth day of October in the Fifteenth year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotch Nation both root and branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted and the said Earl hath caused diverse of the Ships and Goods of the Scots to be â—aped seized and molested to the intent to set on the said War THE One and Twentieth Article The Charge 21. THat the said Earl of Strafford shortly after his Speeches mentioned in the last Precedent Articles to wit in the Fifteenth year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and contiâ—ed his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much wisdom and goodness had composed the Troubles in the North and had a Paciâ—ation with His Subjects of Scotland he laboured by all means to procure His Majesty to break that Pacification Incensing His Majesty against His Subjects of that Kingdom and the Proceeding of the Parliament there And having Incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he compelled His Majesty to call a Parliament in England yet the said Earl intended that if the said Proceedings of that Parliament should not be â—ch as would stand with the said Earl of Straffords mischievous Dâ— he would then procure His Majesty to break the same and by ways of Force and Power to raise Monies upon the Subâ—cts of this Kingdom And for the encouragement of His Majesty to hearken to his Advice he did before His Majesty and Privy-Council then sitting in Council make a large Declaration That he would serve His Majesty in any other way in case the Parliament
and being demanded how the King would do if he were not supplyed by Parliament He said the King hath 30000 men and 400000 l. in his Purse and his Sword by his side and if he wants Money who could pity him That he said likewise he could make peace with the Scots when he list but that was the worst of Evils There were other words spoken by Sir George Wentworth my Lord of Strafford's Brother to a Gentleman a Member of the House of Commons that England was sick of Peace and it would never be well with it till it were again conquered These were the words of others his Creatures They shall prove his Lordship's own words and Counsels That he declared his opinion to my Lord Primate of Ireland that in case of necessity His Majesty might use his Prerogative to levy what he needed saving first to try the Parliament and if that supply him not then to use his Prerogative as he pleased That at another time when my Lord Conway a Nobleman of this House was pleased to ask him How the Forces raised and to be raised should be paid My Lord of Strafford said he doubted not but twelve Subsidies would be given My Lord Conway putting the doubt to him again What if they should not be given My Lord of Strafford was pleased to reply Then the King would be acquitted before God and Men if he took some other course to supply himself though it were against the Will of the Subject At another time when His Majesty had Graciously declared himself that he would have a Parliament he was pleased to say That in case the Parliament should not supply him he would be ready to serve him in any other way These Words and Counsels were all before the calling of the last Parliament In the time of the sitting of the Parliament the House of Commons were frequently urged by Messages procured by my Lord of Strafford from His Majesty to take consideration of the Kings Supply for a War a-against Scotland and before consideration and relief of the grievances in Religion and Government of the Kingdom 12 Subsidies were demanded for release of the Ship-money only and when the House of Commons were in debate concerning Supply and before they came to resolution by advise of my Lord of Strafford that Parliament was dissolved After the Parliament was dissolved they shall show how by divers Words and Counsels my Lord of Strafford endeavoured to incense His Majesty against His loving Subjects and so to slander them to His Majesty as to make a division between them And also of His design to bring in an Army upon us That he declared to His Majesty that the Parliament had denyed to supply him and had quite forsaken him and that he said to a Noble Earl of that House That the Parliament in this great distress of the King and Kingdom had refused to supply the King in the ordinary and usual way and therefore the King might provide for the Kingdom by such ways as he thought fit and that the King was not to suffer himself to be mastered by the frowardness and undutifulness of his people That he said at another time to a Nobleman in this House That the Parliament in denying to supply the King had given him advantage to supply himself by other ways And if worse words can be uttered or spoken than what have been mentioned they shall conclude with such of his words as none can be imagined to be of more fearful and dangerous consequence viz. The same day that the Parliament was dissolved my Lord of Strafford by way of advice and Counsel told His Majesty That now he had tryed the affections of His People and that he was loose and absolved from all rules of Government That he was to do all that Power would admit since he had tryed all ways and was refused and should in so doing be acquitted before God and men and that he had an Army in Ireland which he might employ to reduce his Kingdoms They began with that which concerned Scotland The Earl of Traquair being sworn was asked What he remembred to be spoken by my Lord of Strafford concerning the demands made by the Scots in their Parliament when he my Lord Traquair made relation of those demands with the time and other circumstances He Answered That it would be hard for him to answer to so general a question for their Lordships and a great many know that he made relation of the demands made by the Scotch Subjects in Parliament at two several times one by the King's Command here before the Lords of the Council Another by the like Command of His Majesty before the Peers at York But being directed to apply himself to the words spoken by my Lord of Strafford when he made his relation before the Council here His Lordship Answered That he could hardly give an Answer to such a general Question but he believed my Lord of Strafford when he was at Council gave his opinion in any thing brought in debate as the Lords of the Council did He knew what was brought in debate but cannot condiscend to every thing that my Lord spake there Mr. Whitlock here interposed and said That he mentioned not the particular words that might come from my Lord Traquairs own expression but the question he desired was Whether my Lord of Strafford did not say The demand of the Scotch Parliament was a sufficient ground for the War To which my Lord Traquair being Interrogated He Answered That he should very clearly declare to the best of his memory what he heard upon that occasion but for the present he could not remember particularly of any such words expressed by my Lord of Strafford here at Whitehall for he believes it was there when the Council met when he made the first relation But he remembred he was Deponed on these before and if it might stand with their Lordships pleasure and form he would willingly remit himself to his former Deposition Mr. Whitlock offered to their Lordships that for the recollecting of his memory my Lord Traquair might peruse the former Deposition But my Lord of Strafford opposed it because their Lordships having not yet made use of any thing taken on oath he desired that Rule might be still kept Mr. Palmer insisted on it it being not offered as a proof to be heard but because it was tender'd to him to vary being on his oath though but in a Syllable from what he had spoken before And Mr. Glyn added That this is very ordinary at Law But my Lord of Portland moved that the House might be Adjourned that the examinations should not be made use of My Lord Traquair desired that he might not be mistaken for he would express his Reasons and humbly submit it to their Lordships that he was by order of their Lordships examined on oath before and examined on the same question and he only submitted this to their
Interrogated What he heard Sir George Ratcliffe speak concerning the Kings levying Money by force or to that purpose He Answered That the words he is to inform their Lordships of and on which he was formerly examined proceeded from Sir George Ratcliffe not to him privately and only but they were spoken in a Council of War when they were assembled together upon that service My Lord-Lieutenant arrived in Ireland in March was 12 Months and after his Lordship had spent some days in Ireland within which time he the Deponent with others were commanded to attend at a Council of War departed that Kingdom leaving direction behind him how this affair should be proceeded in in his Lordships absence and as he takes it in the beginning of April my Lord departed out of Ireland and not long after they being assembled in a Council of War there was occasion to speak of all preparations that should be for the raising of an Army of 8000 Foot and Provision for transportation of 1000 Horse which was the Army of Ireland at that time In these discourses they found there was a great deal of Treasure to be consumed and much Money required to supply the occasion It was computed and he thinks Sir George Ratcliffe had a privy hand in the computing of it how much charge would maintain the Army for a year and to the best of his remembrance it was computed at 270000 l. and odd which gave them occasion considering the Army to be transported out of Ireland was but in proportion â…“ of what was prepared in England to speak of the Charge that must be raised in England according to that proportion And they finding it to amount to so great a sum it fell into question how the King should be supplyed with Money for so great expence of Treasure if he were not supplyed by Parliament Sir George Ratcliffe Answered The King hath his Sword by his side and 30000 men at command and if he want money let no man pity him It was thereupon replyed and as he the Deponent takes it by himself how can Money be raised when the Scotch Army is on foot and so strong Sir George Answered We can make peace with the Scots when we list but that is the worst of evils and this is in substance as much as the Deponent can remember Whence Mr. Whitlock observed That their Lordships heard what passed from Sir George Ratcliffe in Words and Counsels and that their Lordships knew the nearness and relation between Sir George Ratcliffe and my Lord of Strafford and this was after direction was left for raising the Army and when my Lord of Strafford was come away himself it seems he had left his directions with Sir George Ratcliffe as it will appear by my Lords own words concurring with these And Mr. Maynard desired their Lordships to take notice of these words We can make peace with the Scots when we will it was not Sir George Ratcliffe alone Sir Tho. Barrington being Sworn and Interrogated what words passed from Sir George Wentworth to him About Englands being sick of peace c at what time it was and on what occasion He Answered That immediately after the last Parliament Sir George Wentworth had accidentally a discourse with him being a Gentleman with whom he the Deponent never had intercourse or interlocution before that time On some discourse betwixt them concerning the former Parliament in the close of his discourse he was pleased to express himself thus This Commonwealth is sick of Peace and will not be well till it be conquered again The application of these words he the Deponent said he must leave to their Lordships better Judgements he not being able to decide it And to the occasion according to the truth which shall be ever present with him he the Deponent said he would deliver it cleerly They had some occasion to discourse of the former Parliament and speaking now on his oath he must express that which otherwise he should not being the words of a private discourse which in the course of his life he hath ever avoided especially in the Case of a Gentleman They were in discourse of the former Parliament and the carriage of that and Sir George Wentworth was of one opinion and he the Deponent of another Sir George expressed himself in this sence That he conceived the Parliament had no intention to give the King Money he the Deponent said That if the Kings Majesty had pleased they had sate awhile together they had supplied him And on the close that expression fell from him that which he the Deponent said he shall not not need to repeat Sir Robert King being Interrogated what sense and apprehension was in my Lord Ranalaugh on the words that fell from Sir George Ratcliffe at the Council-Board He Answered That my Lord Ranalaugh did conceive there was an intention to take Money forcibly in England and was much troubled with the words and cast out some such Speeches That we shall turn our swords on them from whom we are descended and having cut their throats make way for our own safety or some such words Lord Ranalaugh being Interrogated what his sense was of these words spoken by Sir George Ratcliffe He Answered That the expression of these words and some other words that fell from my Lord-Lieutenant to himself before his Lordships departure out of Ireland made him doubt that there might be some danger intended by the transportation of the Army and it was not his sense alone for upon discourse betwixt others that were of the Council and himself the like apprehensions were amongst them as between my Lord President of Munster and him and also between Sir Adam Loftus and him Those that durst be free one to another did express their fears and apprehensions about it Being asked what the words were my Lord of Strafford spake to him on which the apprehensions were grounded He Answered That it was thus My Lord of Strafford at his last being in Ireland was pleased to say to him My Lord will you buy any Land I will sell you all the Land I have in Ireland To which he the Lord Ranalaugh Answered That he is not able to buy Land being in debt and God forbid his Lordship should sell his Land in Ireland Truly says he my Lord we are like to have a troublesome world and I am willing to part with it To which the Lord Ranalaugh replyed it will be hard then with us that have no Estates but in Ireland No my Lord says my Lord of Strafford I do not mean it so for I believe you will be quieter here than they will be in England But he doth not think that ever he spake these last words to Sir Robert King in his life Being asked How he expressed his sense of those words to Sir Robert King He Answered That the first discourse was from Sir George Ratcliffe the latter was from my Lord
to himself He apprehended there was some design as he feared in England and he had this reason for it too For in that condition they were then in they of the Council of Warr saw no possibility to make this Army in a readiness to invade Scotland within the time limited for by directions of my Lord of Strafford left with them they were to be ready at the Provincial Rendezvous by the 18 th of May and that by subsequent directions was forborn till 18 th Iune then they all met to march to the general Rendezvous The Arms Ammunition and Preparations could not be ready so soon nor were they in readiness till the end of Sept. following So that on the whole matter those amongst them that might be free their consultations all agreed that it might tend to the purposes here declared And from the time observed by my Lord Ranalaugh for the raising of the Army in Ireland Mr. Whitlock observed That it could not be intended for Scotland for no Army was raised in Scotland till some months after To prove the words spoken by the Lord of Strafford himself to shew his designe to bring the Army to England Sir Tho. German Comptroller of His Majesties Houshold being Interrogated whether he heard not the Earl of Strafford tell the King that the Parliament had denyed to supply him and had sorsaken him or words to that effect He Answered That he should humbly presume to crave one thing of their Lordships and it was briefly this There is nothing that he can be Interrogated upon in this Cause but it must fall within the cognizance and knowledge of many of my Lords here present who must needs remember all that he hath to say as well or perhaps better than he can himself His humble desire therefore to their Lordships is That if through distance of time and the weakness of his memory there be any thing that may be better remembred by some of their Lordships than is at this time by himself it may not be imputed to him as from a desire of concealing any part of the truth but a failor in memory and that their Lordships will believe of him that in this great Assembly he shall be very unwilling to speak any thing but that that shall perfectly occurr to his remembrance and that request granted he shall humbly answer to every thing And to the question he remembers very well that he was Interrogated upon the same terms heretofore that he is now His Answer was then as he takes it in these words That he remembred that he heard my Lord of Strafford say something of the Parliaments deserting or forsaking the King or something to that effect or purpose but he did not remember then what inference my Lord made upon it nor what he did conclude thereupon neither can he now call himself to further remembrance on that point than he then deposed The Earl of Bristol Sworn and Interrogated Whether he heard any words spoken by my Lord of Strafford That in this great distress of King and Kingdom the Parliament had refused to supply the King in the ordinary and usual way and that therefore the King might provide for the Kingdom by such ways as he thought fit and was not to suffer himself to be mastered by the frowardness and undutifulness of his people or to that effect He Answered That it is very true that about 12 months since by meer accident he had a private discourse with my Lord of Strafford and some months after had discourse with a Peer of this House my Lord Conway by name meerly to let him know the difference that was between some Tenants of my Lord of Straffords and himself the Earl of Bristol What use hath been made of it he doth not know But upon this he doth conceive he comes to be Interrogated It is almost Twelvemonths agoe since this discourse did happen yet afterwards he was called now a month or six weeks since and was examined on oath on several Interrogatories After he had well recollected himself he did set down for his memory what he could think of and out of those Notes and Papers he did then make his Answer Now his examination being upon oath he shall be very loath to depose particularly to words but to the effect of what passed And therefore he shall crave leave not out of his examinations but out of the words he then set down to read the effect of what he then spake for if a man be deprived of words and tell not the sense and coherence and subsequents he shall not do himself right but may do a great deal of wrong to the party accused and therefore though it be somewhat the longer he shall tell the circumstances It is true That after the disso lution of the last Parliament he had discourse accidentally with the Earl of Strafford but being many months since he cannot precisely depose unto the words that then passed But he remembers that speaking then together of the great distractions of those times Videlicet touching the present things that were then at Lambeth for it was just about that time of the Mutiny of some Soldiers against their Officers of the present great danger apprehended by the ensuing War as was feared of Scotland and of the said Parliament being broken without supplying the King he the Earl of Bristol did then in his discourse chiefly attribute these disorders to the breach of the Parliament And speaking what might be the best way for help in these distressed times he then conceived and said that he thought the best way to prevent any desperate undertakings would be to Summon a new Parliament that might quiet the times for the present The expectation thereof might quiet the Distempers at that time And as for the War of Scotland he did much fear the success of it unless the King should be assisted both with the Purse and Affections of his People And he Alleadging to my Lord of Strafford many Reasons for it conceiving it was not likely that our Nation lying under great Grievances should go willingly and chearfully to a War labouring under the same grievances with themselves My Lord of Strafford he must speak it and confess it very ingenuously seemed no way to dislike the Discourse but said he did not conceive it to be Counsellable at that time neither did the present dangers of the Kingdom which were not now imaginary but real and pressing admit of so slow and uncertain a remedy as a Parliament was for that the Parliament had in the great distress of the King and Kingdom refused now to supply the King by the ordinary and usual way of Subsidies and therefore the King must provide for the safety of his Kingdom by such wayes as He should think fit in his wisdom And he the Earl of Bristol doth remember that the said Earl of Strafford at the same time did use the Sentence Salus Reipublicae Suprema
You are acquitted before God and Men You have an Army in Ireland which You may Imploy here to Reduce this Kingdom or some words to this effect And Sir Henry Vane added That he desires to speak clearly to it It is true My Lord of Strafford said these words You may But by that he the Examinant cannot say it was intended but that the words were spoken and if it were the last hour he is to speak it is the Truth to his best Remembrance Being Asked on the several Motions of my Lord of Clare and my Lord Savil Whether by this Kingdom he meant the Kingdom of England or Scotland and Whether it was meant That he might imploy the Army in England or in Ireland because he said The Army might be there imployed He Answered That he shall as near as he can And because he would have-Truth appear he shall desire That if in this Case any word fall which may be uncouth in the Sence they would resort to his Examinations for there it remains under his Hand and Oath But to his best remembrance he thinks neither then nor there were used But Your Majesty hath an Army in Ireland You may Imploy to reduce this Kingdom But far be it from him the Examinant to Interpret them He tells their Lordships the words and no other Being directed by the Lord Steward to repeat what he had spoken He Answered That he shall plainly and clearly do it These words were spoken as my Lord of Northumberland hath testified at the Committee of Eight for the Scotch Affairs It was an occasion of a Debate Whether an Offensive or a Defensive War with the Kingdom of Scotland That on some Debate then some being of Opinion for a Defensive some for an Offensive War he did say the words related as he conceives That in a Discourse the Earl of Strafford said these words or words to this effect Your Majesty having tryed all wayes and refused in this case of extream necessity and for the Safety of Your Kingdom and People You are loose and absolved from all Rules of Government You are acquitted before God and Men You have an Army in Ireland You may imploy it to reduce this Kingdom Being Asked How long this was after the Parliament was Dissolved He Answered He cannot tell the time but it was suddenly after or within few dayes after the dissolution of the Parliament Being Asked on my Lord of Clares motion Whether these words You have an Army in Ireland did immediately follow these words You are Absolved c. He Answered That to his best remembrance it did interpose and my Lord of Strafford did speak it once or twice And to his best remembrance at first it was agitated to press the Offensive War for there were divers Reasons given as the Kingdom stood then that there should be no Offensive War and he must speak clearly and plainly he the Examinant did move for a Defensive War For the Subjects of England how they stood affected to this War they knew and besides a breach of a Parliament he thought it would but induce an ill effect On these Controversions the words were spoken Here Mr. Whitlock observed That these words were spoken in England on this occasion Of the Kings trying His People c. which cannot be intended any other place but England where the Parliament was broken and where the King had tried his People Being Asked on the motion of the Earl of Southampton Whether he sayes positively my Lord of Strafford did say these words or words to that effect or whether to his best remembrance He Answered That he speaks positively either those words or words to that effect The Earl of Clare desiring further satisfaction to the Question formerly proposed on this Motion Whether he meant by this Kingdom the Kingdom of England or the Kingdom of Scotland The Lord Steward put his Lordship in mind That Sir Henry Vane testifies to the Words not to the Interpretation And Mr. Maynard said The Question is put Whether this Kingdom be this Kingdom And so Mr. Whitlock said They should conclude their Evidence conceiving the last words spoken to be very fully proved and by connexion with those other words proved before he thinks it is very clear and manifest That my Lord of Strafford had a strong Design and Endeavour to subvert and change the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he shall not trouble their Lordships with repitition of words nor with the Application of them for indeed they be above Application and to aggravate them were to allay them they have in themselves more bitterness and horror then he is able to express and so he left them to their Lordships consideration and application expecting my Lord of Straffords Answer to them Only he desired their Lordships in one point to hear what Mr. Treasurer can say further concerning the breach of the last Parliament and what Words and Messages he heard of during the sitting of that Parliament procured by my Lord of Strafford unless their Lordships will reserve that till the rest of the Witnesses come to morrow morning and then they shall be ready to produce all relating to that point together Whereupon liberty was granted for the reserving of them accordingly My Lord of Strafford did hereupon crave of their Lordships leave to recollect his Notes being as he said a little Distracted how to give Answer to these things for diverse Articles are mingled together which will make his Answer not so clear as otherwise he had hoped to have made it but trusts he shall do it still He desires leave to Answer Article by Article and how much horror soever this Gentleman is pleased to say there is in these words he trusts before he goes out of the Room to make it appear that though there may be error of Judgment yet nothing that may give offence when the Antecedents and Consequents are brought together and that he shall give such an account that whether or no their Lordships will clear him as to the Charge of an Indiscreet Man he knows not but as for Treason to the King and His People he shall give clear satisfaction that no such thing was spoken or intended His Lordship desired He might be favoured with the sight of my Lord of Northumberlands Examinations But this Mr Glyn opposed and said His Lordship being to Answer to matter of Fact let him first say how it stands and then prove it To which my Lord of Strafford Answered That in truth they make much more of it then he did for he trusts by the blessing of Almighty God to give the Answer of an honest Man to all Objections he will not say of a discreet Man and once for all he humbly besought their Lordships and so he knows in their Wisdom and Judgment they will to
Opinion though he seems to Argue against it Is any thing more familiar than for a Man to seem to be of an Opinion to gain a Reason to confirm that Opinion which he is of and contrary to that he seems to defend by this means to get the strength of other Mens Reasons to confirm his own by Again Is any thing more familiar in private Discourse between Man and Man than when one is so far on that side the Line for the other to go as far himself that he may meet the first Man in the midst If a man meet with one that is as far below as himself is above and shall seem to maintain further than his Reason and Belief carries him to bring the other to moderation Shall this be charged on him as a Treason If words spoken to Friends in familiar Discourse spoken in ones Chamber spoken at ones Table spoken in ones Sick-Bed spoken perhaps to gain better Reason to give himself more clear light and judgment by reasoning If these things shall be brought against a man as Treason this under favour takes away the Comfort of all Humane Society By this means we shall be debarred of Speaking the Principal Joy and Comfort of Society with wise and good Men to become wiser and better our lives If these things be strained to take away Life and Honor and all that is desirable it will be a silent World a City will become an Hermitage and Sheep will be found amongst a Crowd and Press of People and no Man shall dare to impart his Solitary Thoughts or Opinion to his Friend and Neighbor but thereby be debarred from consulting with wiser Men then himself whereby he may understand the Law wherewith he ought to be governed But these be but words all the while and if he shall shew that words of a higher nature shall by the Judgment of an English Parliament be thought not to be Treason Why should he think or imagine or fear that their Lordships will make these indiscreet and idle Expressions of his reach so high as his Head and take the Comfort of his Life and Children from him No Statute makes Words Treason and if the Fundamental Law the Common Law of the Land had made them Treason surely the Parliament would never have set a Mulct upon them This Statute is 1 Ed. 6. cap. 12. as followeth BE it Enacted by the Authority aforesaid if any person or persons do compass and imagine by open Preaching express words or saying to depose or deprive the King His Heirs or Successors from His or their Royal Estate or Title or openly publish or say by express words or saying That any other person or persons other then the King His Heirs or Successors of right ought to be c. These be words of higher nature than those charged upon himself and yet the first offence is made but loss of Goods and Imprisonment for the second loss of Lands Goods and Imprisonment the third time is only made Treason He added That their Lordships will never think these words being flym-flam that pass in a negligent manner betwixt Man and Man shall ever be brought to be Treason And whereas 25 E. 3. hath these words When a Man doth Compass or Imagine the death of our Lord the King The very words are mentioned in 1 E. 6. When a man doth compass or imagine by open Preaching c. to Depose the King And the first Statute provides That if a Man shall compass the Death of the King and be not thereof attainted by open Deed it is not Treason And the Statute of H. 4. and 1 Mar. concurr with this and shew That the intent of these was to take away the danger the Subject might incurr if bare words should be brought against him as Treason And it hath been the Wisdom of their Lordships noble Ancestors and this State that they have alwayes endeavoured to conclude the danger that may fall on the Subject by Treason that it might be limited and bounded and that it might be so understood as to be avoided and he hopes we shall never be so improvident as to sharpen this two-edged Sword against our selves and the faces of our Posterity and to let the Lion loose to tear us all in pieces for if way be given to Arbitrary Treason and to the Wits of Men to work upon it to prejudice or question Life it would be very dangerous And he believes That in this Hall there would be Actions of Treason that would fly as familiarly up and down as Actions of Trespass and therefore since by the goodness of our King and the wisdom of our Ancestors we have been thus provided for why we should entangle our selves into the straights they could not endure but endeavoured by all means to free themselves from the dangers that familiarly follow them he cannot see To the First Part of the 23 d Article concerning the last Parliament the Gentlemen have reserved themselves till to morrow and therefore he shall not need to speak to that and so there will remain nothing for him to Answer but the last part of the Act with the next Charge concerning words spoken at the Council-Board or at the Committee for Scotch Affairs viz. That His Majesty having tried the Affections of His People He was loose and absolved from all Rules of Government and was to do every thing that Power would admit and that His Majesty had tried all wayes and was refused and should be acquitted both before God and Man and that he had an Army in Ireland which he might employ to reduce this Kingdom to Obedience Concerning this particular he says he remembers not anything but what Mr. Treasurer is pleased to speak of And whereas Mr. Treasurer as concerning that part said He loves to speak the truth my Lord of Strafford said He doubts not but he doth for that we should all do he is sure of it But Mr. Treasurer has reversed his Testimony in saying that he will not speak to the very words themselves but to these or words to the like effect and if he be not mistaken and to the best of his remembrance That His Majesty having tryed all wayes and being refused in this extream necessity and for the safety of the Kingdom and People He might do c. And that Your Majesty hath an Army in Ireland which You may employ there he said at first And afterwards which You may employ to this Kingdom And he saith he doth not interpret these words but gives the words clearly and plainly as my Lord of Northumberland hath declared and that it was soon after the Dissolution of the last Parliament to his best remembrance and at the Committee of 8 and he thinks my Lord spake them positively or something to that effect Now whereas he calls in to his aid my Lord of Northumberland under favour my Lord of Northumberland declared no such words but absolutely denies in his Examination that he ever
heard my Lord of Strafford mention the reducing of England by an Irish Army It is true my Lord of Northumberland goes thus far That he hath heard him say something whereby he might conceive there was intended some Course of raising Moneys by extraordinary wayes And that my Lord of Strafford confesses is very true for if it were by borrowing 3 or 400000 l. it is an extraordinary way the Kings Revenue could not serve these occasions there must be other wayes and Loan was one and that fair and honourable and just So then as to this Testimony the Defendant offers to their Lordships that he hath examined my Lord of Northumberland and he knows no such thing He hath examined my Lord Marquiss of Hamilton and his Lordship is pleased to say He remembers no such thing at the Committee of 8. He desired my Lord Treasurer might be Examined to the same Words The L. Treasurer being Asked Whether ever he heard my Lord of Strafford in any private Council or Debate with the King tell him the said words He Answered That he never heard my Lord speak those words of the Irish Army nor any thing like it and he repeated That he never heard his Lordship speak it in the manner proposed nor any thing like it Being Asked on Mr. Maynards motion Whether he ever heard my Lord of Strafford say The King was loose and Absolved from all Government He Answered That he desired time to consider of that He remembers not any such thing but he reserves himself for that Being Asked on the like motion Whether he heard my Lord of Strafford say any thing to that purpose That the Parliament had deserted or forsaken the King He Answered That he remembers not that he heard any such thing Lord Cottington being Asked on my Lord of Straffords motion Whether he heard my Lord of Strafford say such words That the King had an Army in Ireland and he might employ them to reduce this Kingdom He Answered That he hath heard the Question heretofore and is very confident he did never hear him say it in his hearing and that he hath a great deal of Reason to be confident of it Being Asked on Mr. Maynards Motion Whether he heard my Lord of Strafford say That the King was Absolved or Loose from all Rules of Government or words to that effect He Answered That as he takes it he hath been Asked to that Question too and he thinks he never heard the words for it was as he thinks a very absurd Proposition and he should not have heard it with patience Being Asked on the like motion Whether he heard him say The Parliament had forsaken or denyed or deserted the King or words to that effect He Answered That for saying The Parliament had not provided for the King The Parliament was ended and had not provided for the King and That the Parliament had not provided or left the King without Money It is very probable he did say it and he thinks he did so for it was the truth Being Asked Whether he said The Parliament had denyed the King He Answered That what his words were It is a hard matter for him to say That he said The Parliament had denyed or left the King he will not Swear Being Asked on like motion Whether he perswaded the King that he was to be supplyed in extraordinary wayes He Answered That he cannot Swear that neither Where Mr. Maynard observed That my Lord of Strafford himself granted and yet that 's forgotten To which my Lord Cottington Answered That if the Gentlemen would have heard him out he should have given good satisfaction He hath been Examined Whether my Lord of Strafford used these words Extraordinary wayes and he cannot say he did but he hath heard him say The King ought to seek out all due and legal wayes and to employ His Power and Authority and Prerogative Castè Candidè he remembers these words very well For close of his Defence to these words That His Majesty had an Army in Ireland to reduce this Kingdom witnessed by Mr. Treasurer My Lord of Strafford said Mens memories are weak and the best may be mistaken or misremember and may think one man says that which another man says or that a man says that which in truth he did not say as it is in this Case Their Lordships have had all the light that is possible for him the Defendant to give them My Lord of Northumberland being examined on oath sayes he remembers not the words My Lord Marquis Hamilton remembers them not My Lord Treasurer of England remembers neither that nor any thing like it My Lord Cottington remembers no such thing and is well assured he never heard him say any such thing Here are all that are left of the Committee save my Lord of Canterbury and him the Defendant cannot examine otherwise he would Secretary Windebank is a little too far off to be heard at this time and if their Lordships could ask him whether the Defendant ever spake the words on the faith of a Christian and a Gentleman he will take his oath he doth not think nor believe he ever spake them but believes as constantly as possible can be that he never spake them He would be loath to swear he did not it being so long since But when his words shall more particularly and specially be remembred by another man than by himself he must commend that memory that observed what he said so perfectly as to be able to give a better account of them than himself the party that spake the words or any man in the company besides My Lord further insisted That this concerns him very nearly for it would be a grievous charge that is on him by this means though not in the intendment of the Gentleman that urges it who he hopes wishes him well if he should be thought to be an overthrower of the Liberties of the Subject by a foreign Army However it is a single Testimony and no more and that single Testimony without any prejudice to the Testimony cannot rise in Judgement against him Nay he cannot be Indicted nor Arraigned of High Treason for it by the Statutes of 1 E. 6. Ca. 12. the last Proviso of it in these words BE it Enacted by the Authority aforesaid That no Person or Persons after the First day of February next coming shall be Indicted Arraigned Condemned or Convicted of any offence of Treason Petty-Treason or Misprision of Treason or any words before specified after the First day of February for which the said Offender or Speaker shall suffer any pain of Death Imprisonment Loss Forfeiture of Goods Lands or Tenements unless the said Offender or Speaker be accused by two sufficient and lawful Witnesses orshall willingly without violence confess the same And if their Lordships will give leave to consider the first part of the words being fairly and indifferently interpreted and with
the Money thought it unequal some should pay and some go free And Secondly he said it was the opinion of the City of London That a Writ for Ship-Money and a Writ for a Parliament did not agree well together and for these reasons he found it very difficult they were called up and hastened both in the Assessment of Collection and in respect they found every man adverse to it the business had not that progress nor speedy execution it might otherwise have had and as it had in former times And when he had told His Majesty this it was ill taken that he should deal so plainly because he did discover himself clearly and freely what was the fruit of the business And it pleased my Lord of Strafford then in the presence of the King to speak Sir you will never do good on this man till you have made him an example he is too Diffident or to this purpose unless you commit him you shall do no good upon him This concerning the Ship-Money Concerning the Loan-Money when they came with the Aldermen together he the Examinant desired he might be call'd in singly because he was very loath knowing the humour of the Court of Aldermen how they stood affected that they should give the King a negative Answer at the Board and it pleased His Majesty to call him the Examinant in singly and he told His Majesty in his hearing at that time That there was no good to be done for amongst all the Aldermen he could not yet consent to raise above 6 or 7000 pound at the most And then they were to bring in out of every of the several Wards the Names of all the able men of the City of London that could lend Money wherein it was required they should set it down what every man was fit to lend This they altogether declined for we thought it not fit we should rate mens purses and he the Examinant himself presented the Size-Cinque the Quater-tres men and the Deux-ace men according to their qualities but set a rate on men we did not and desired His Majesty we might be spared Hereupon my Lord of Strafford at that time burst out into these words Sir You will never do good to these Citizens of London till you have made examples of some of the Aldermen This to his best remembrance he said Unless you hang up some of them you will doe no good upon them This is the substance of what he heard Being asked whether this was immediately after the breach of the Parliament He Answered That he cannot confine himself in time he desired to be spared in that but he was several times at the Council-Table but it was after the breaking of the Parliament My Lord of Strafford observing that Alderman Garaway spake it only to his best remembrance he was Interrogated Whether he could speak it positively He Answered That it is a great while ago and he did hear the words that 's certain Being asked by my Lord of Strafford whether he himself spake them He Answered Yes my Lord your Lordship did speak them My Lord desiring leave to recollect himself a little said he will speak with as much truth albeit not with so much confidence as this Gentleman And after a little respite he began his Defence as followeth The Defendant must still insist on this ground which hitherto he hath gone upon under their Lordships good leave That there is nothing in this Article that can possibly convince him of High-Treason admit it all proved as it is laid down in the Charge he hath very little to Answer for there is little proved the greatest part is offered on a single Testimony which as he hath heretofore mentioned he humbly conceives by the Laws of the Land cannot be charged upon him in case of Treason for nothing can be charged upon him in case of Treason without two lawful Witnesses For the advice my Lord Treasurer says he gave in case of levying Ship-Money surely he advised no other ways than as had been formerly used 3 or 4 years before his coming into the Kingdom so that if it be an error he was led into it by the practice of former times and of wiser men than himself Besides there was then as he conceives a Judgement given in the Exchequer-Chamber and he hath learnt always in his own practice by reason of his own weakness of judgement never to be wiser than his Teachers or to pretend to know more in other mens professions than they know themselves And therefore there being a Judgement given in point of Law by the Judges it was not for him to dispute what they had done but with all humility to submit it to better judgements than his own so that to advise such a thing as it then stood he hopes will be excusable and pardonable in him albeit he doth not justify himself in it in respect of something he hath heard and learnt since that time and taught him likewise by wiser men than himself And as he then followed that which was delivered by the Judges so he shall for the future follow what he hath learnt by others that ought to be believed and by him credited before himself But in the mean time he conceives it a pardonable fault and shall never be drawn up or put into the Scale against him as Treason To the other words testified to be spoken by him at the Council-Table He Answers That he might hold the Aldermen lyable or subject to Fine and Ransome in case they did not submit to the Kings Demands for so on the matter my Lord of Berkshire repeats the words truly such hath been and shall be his ingenuity in all things concerning this business that these words he hath already acknowledged and confest to be by him spoken and he confessed now he did say That in his opinion in a Case of that great necessity and imminent danger which he conceived the Kingdom to be in their refusal might perchance make them lyable to Fine and Ransome but the words as he remembers them were appliable not to that particular but to another For he says and he says truly the words were spoken to hasten and speed my Lord Mayor in the services that were commanded him not out of any intention or purpose to do him hurt by further moving or prosecuting any thing against him He confesses he wishes he had not spoken them but being spoken and spoken to that end and purpose as high a thing as this might have been passed over and not charged on him as a crime but rather as an extravagant saying which God forbid a man should be Arraigned for in this kind as he is and a little excess of Speech he trusts by their Lordships Favour and Goodness may be excused if not pardoned at least so much pardoned as it shall not be laid to him as Treason when it is but a hasty word and nothing follows upon it For the other words
and Recusants prefer another Petition but it was when the Gentlemen of the Countrey were gone and so there was no consent of the Countrey The other thing he pretends is That the Lords of the great Council had consented to that Imposition which we say is not true there was no such Consent or Direction yet this he said both in the Countrey and in his Answer and their Lordships best know that the Lords of the Great Council did not give that direction The first thing offered was the Petition first intended which Sir Hugh Cholmley and Sir Philip Stapleton affirming on oath to be the true Petition their Hands being to it amongst others was read being in effect The Humble Petition of the Gentlemen of the County YORK WHEREAS Your Majesty imparted to us the danger by the incursions of the Scots and the necessity of continuing the Trained-Bands of this County in entertainment for two Months and raising Money so long and did Royally assure us That the Wardships of such as dyed in this Imployment should be freed and one third part of the Trained-Bands should be abated for which we acknowledge our bounden thankfulness in ready obedience of Your Majesties Command we have represented to Your Majesty our present Condition and in the entrance of the business we found a great impediment and discouragement by certain Warrants produced for levying Money towards this new service wherein in the first place we cannot omit to let your Majesty know the great grief we have in that the County is there charged with disaffection and backwardness therein which as we are confident we never were guilty of so we were in good hope your Majesty had received no such Impression of us And in the next place we find our selves much grieved that the execution of such Warrants which we conceive illegal should be concluded and urged on peril of life notwithstanding the strictness of which Warrants we find divers parts of the County have not been able to pay the Money demanded and from thence and the attestation of divers Gentlemen we are assured the scarcity of Money is such that it is diabled from satisfying your expectation therein And that Your Majesty may know it is no pretence but a real poverty we are bold to represent the Charges viz. of Ship-Money Vast expences the last year in Military affairs The Billeting and Insolency of Soldiers this Summer part of the time on the credit of the County Decay of Trade Stop of Markets Charge of Carriages especially in Harvest by which means not only the common people but most of the Gentry by the failing of Rents are much impoverished And therefore we petition Your Majesty You will accept our endeavour to prevail with the Countrey to raise so much Money as will pay the County one whole month from their first rising within which time as is generally reported Your Majesty hath Commanded the attendance of the Peers to consult for the safety of the Kingdom and pray the Trained-Bands may be continued in the Villages where they are Quartered except Your occasions otherwise require it and in the interim for the redress of these Grievances and security of Your Kingdom Your Majesty will please to Declare Your Pleasure for summoning the High Court of Parliament c. To prove that my Lord of Strafford refused to deliver this Petition and that another was framed to which the Countrey consented not Sir Hugh Cholmley was Sworn and Interrogated whether this Petition was shewed my Lord of Strafford and whether he was not unwilling to deliver it and why He Answered That this Petition was shewed to my Lord of Strafford in the name of the Gentlemen that had subscribed it and it was delivered to him by my Lord Wharton and of those Gentlemen that subscribed their Hands many were gone out of Town and desired that those that staid in Town might attend my Lord Wharton and intreat him to deliver it to my Lord of Strafford and when it was delivered my Lord of Strafford took only exception at least he the Examinant is sure that was the chief exception because they petitioned for a Parliament and said that leaving out that Clause he would joyn with him in the Petition Being asked what he knew of another Petition framed afterwards He Answered That at that time no other Petition was framed by the Gentry of the Countrey this Petition being rejected for my Lord of Strafford went and delivered some message to the King he thinks for the maintaining of the Trained-Bands a month and many of them that did subscribe to the Petition not consenting to it met together intending to make a Petition and Protestation against it and did so intending to deliver it to His Majesty but it was not delivered Being asked what Moneys were levied by whose Warrants and for what time He Answered That he can say nothing to the levying of Money but in general he thinks Money was levied Sir Henry Cholmley Sworn and Interrogated what my Lord of Strafford said concerning Money He Answered That he had the Honor to be one of the Colonels of the Trained-Bands and received Command from my Lord of Strafford being Lieutenant-General of the Army to give account in what state his the Examinants Regiment stood of what strength it was and how provided of Money That he repaired to his Lordship and told him That notwithstanding the Warrants sent out they came not to him and unless he had Money shortly the Regiment would disband That his Lordship answered him he would send a Levy on the Goods of those that refused Being asked on my Lord of Straffords motion whether he did so send He Answered No that he knows of Sir Iohn Hotham Sworn and Interrogated what he knew touching the Petition and my Lord of Straffords rejecting it He Answered That concerning the Petition it is true that being to meet together in the afternoon at the Common Hall they did first consult what to represent to my Lord. But when they came there my Lord refused and made doubt of delivering the Petition unless they would put out the clause concerning the Parliament and some thought it fit to preferr it without it Some of the Gentlemen that had petitioned went out and delivered in something to the King but what it was he knows not And for levying of the Money he can say nothing to it Warrants were sent out by the Vice-President but how far my Lord was interested in it he can say nothing at all Sir Philip Stapleton Sworn and Interrogated as to the delivering of the Petition He Answered that for the Petition he can say his Countrey-men being sent for to York by the King and intimation given that they should keep their Trained-Bands for two months they desired time to give an answer which was allowed them as they desired till the next day They met that night and though my Lord-Lieutenant desired to meet with them they met first
and prove the Charge For him to say That as he was then qualified because he was Lieutenant General of the Army he might send his Warrants to Tax the Kings Subjects without Parliament is to take on him the Power of a Parliament for under favour no such Tax can be made without assent in Parliament So that what my Lord of Strafford hath declared as a ground of his Defence is a good ground of his Condemnation My Lord of Strafford did here desire liberty to speak to the Testimony of Mr. Cholmley which is new matter and he besought their Lordships to observe That he did not say as Sir William Ingram That the Money should be paid and he that paid not the Money should be in little better condition then High Treason But he that denies his Allegiance to the King to go with Him in His Wars in Defence of the Realm is little better than guilty of Treason or is Fineable in the Star-Chamber But because these are tender Points and he little understands them and they take hold of all that falls from him he shall say no more but that the Testimony of the one and the other are two several things And his Lordship proceeded to speak something touching Sir William Ingrams Testimony which Mr. Glyn interposed and said That 's no new matter but it only arises out of his Answer and therefore he desired no more might be said to that He proceeded to other matters contained in the Reply and offered to their Lordships That it had been said he did publiquely justify at the Bar that he had power to lay Taxes and to force payment but he said under favour no such thing but that he having the Kings Commission and Power to call in such as he should think fit to serve the King for defence of the Realm and this being pursuant to the Act of Parliament of 11 H. 7. he said he might justify as he conceives the calling of the Regiments to relieve by turns one another as there should be occasion but to say he had power to Tax what he pleased God forbid he should say or think such a thing He is not the wisest man in the world yet not so ignorant but to know that the one were a great breach on the fundamental propriety and liberty of the Subject but to call men to perform their Duty for preservation of the King and Kingdom he conceives to be a quite different thing His Lordship proceeded to speak to some part of the Reply concerning his sending forth of Warrants to levy by force Which being excepted against as new mattermy Lord of Strafford answer'd That if he speaks new matter it is sufficient punishment to him My Lord of Strafford proceeded That he is charged to be the procurer of Sir William Pennymans sending a Warrant to levy by force whereas he said the Warrant was issued by him and the Deputy-Lieutenants But that being denyed and apprehended to be new matter Mr. Whitlock desired to Reply to my Lord of Strafford's Answer to what he had formerly opened wherein he conceived he was not mistaken but if he were he submitted but he opened it thus That as my Lord of Strafford with the Power and Commission he had he said he might justify what he had done and it proved that he sent Warrants to levy Money and these Moneys were levyed by force Mr. Maynard added That they are here for the King and Common-wealth and desired that Right might be spared them and that there might not be continual Replyes That no colour of Answer is given that because a man must serve in person therefore Money must be required of him else he must be brought by Head and Shoulders to serve in person They offered a Warrant made upon peril of Life under the Hand and Seal of Sir Edward Osborne Whence Mr. Maynard observed That there is Imprisonment Levying of Money charging upon pain of Life levying of Goods nothing can be put upon the Subject but it hath been offered in this Case Mr. Glyn Summ'd up their Proofs saying Since my Lord of Strafford will have another Reply they have produced their Proofs That he hath levied War against the Kings Subjects and did before declare an Intention to levy Money which was afterwards done by his direction Sir William Pennyman proves that Warrants were issued and in such sort as mentions a coertion They have in pursuance proved it to be levied by four Musquetiers if he gave direction another gave execution and the parties Body must be carried away if he pays not which is a levying of War against the Kings Subjects and Gogan 5 R. 2. was accused of Treason for forceing a man to enter into Bond which is not so much as to force those payments on the Kings Subjects They produced Sir Edward Osborns Warrant attested by Mr. Cholmley to be the Original Warrant that he had from Mr. Vice-President to send for the levying of the Money To the c. WHereas His Majesty is informed that the Regiment under Command of Col. Cholmley is set forth with little Money which expresses great disaffection to His Majesties service and wilful neglect of your own and the whole Kingdoms safety the Scotch Army having taken Newcastle and being on their march towards these parts These are therefore to Will and require you in His Majesties Name and by His special Command to raise and cause to be raised by the Port Constable or otherwise as you shall think best the sum of 20s 8d at least for each common Soldiers belonging to such Towns or Parishes and to send the same immediately to York to be delivered to the Colonel for Pay and Supply of the said Soldiers and likewise to charge and command all and every person and persons who find private Arms or contribute thereunto forthwith to send the like sum at least to York to be disposed as aforesaid And in case any of them refuse to contribute you are required by like Command to certify me the Names of such refusers that a Messenger may be sent to bring them hither to serve in person and be severely punished according to the Quality of so high an offence seeing the safety of His Majesties Person and the safety of the Kingdom depends on this Fail not in the speedy execution thereof as you will answer to the contrary on peril of your life Dated the last of August 1640. Mr. Maynard desired their Lordships to observe the former Deposition that my Lord of Strafford should say The Vice-President shall or may send forth Warrants and it is originally my Lord of Straffords fault And so they concluded the 27th Article Mr. Glyn did offer to their Lordships that there is the 28th Article remaining wherein whether shall proceed or no they have not yet resolved But they desired another day to be heard they having something more to say And so the Court was Adjourned and the next day was
there is nothing at all of it that I am to Answer it being wholly done by the Order of Chancery and I having no more to do with it then any man that hears it the Matter that stayes with me in this Article is the alleadged Warrant to Mr. Savill Sergeant at Armes and the Execution of it for that I shall humbly beseech your Lordships I may mind you with all humility that that Warrant is not shewed and I do think that my Lords the Judges do in the Tryals before them observe that Deeds are to prove themselves in ordinary Tryals betwixt Men and Men Now how much more in a Tryal for life and which is more than that though my Misfortune will have me to own it in the Tryal of a Peer The Witnesses my Lords say They have seen such a Warrant But no Witnesse sayes he knowes it and will Swear it to be my Hand and Seal or that I set my Hand or Seal to it for it may be Counterfeited for any thing they know For Mr. Savill upon Oath I thought under Favour he ought not to be admitted against me for he Swears directly to justifie himself for if there be no such Warrant he is answerable for the Fact not I. But my Lords admit there were such a Warrant I humbly conceive I gave your Lordships a very clear and full Answer to it I shewed you and proved it as I conceive that the Sessing of Soldiers hath been a Coercive means used in Ireland alwayes to enforce obedience to the Kings Authority I proved it to have been used to fetch in the Kings Rents of all kinds Contributions Compositions and Exchequer Rents I proved it to have been used to bring in Offenders and Rebels and as my Lord Ranalagh deposes for any Unjustifiable Act. Sir Arthur Terringham for a small Debt which appears not to be the Kings Debt My Lords nothing at all is proved against it but Negatively the Witnesses say they did not know such a thing they had not heard the like and I think none of your Lordships had before this Cause and yet that thing might be too And my Lords I beseech your Lordships How should it be not Treason to Assess Soldiers for the Kings Debts and yet the Assessing of Soldiers on the Contempt of the Kings Authority should be Treason for certainly the Kings Authority is of far more Dignity and more respect is to be had to it then the getting of a few poor Debts and why it should be Treason in one Case and not in another methinks it is very strange My Lords in the next place I conceive that not in any Construction this can be said to be a Levying of War against the King and His People being but the Imployment of two or three Soldiers to procure obedience to His Majesties Government because as I conceive likewise I had Commission to make War as I saw Cause for punishing the Rebels and securing the Publick Peace and therefore How can I be charged with that I have power to do The worst that can be made of it is an absurd execution of a Power but to make it Treason when I had Commission and Liberty so to do methinks that is very hard And it was no absurd execution of a Power under favour neither when I had the Precedent of all the former Deputies and Lieutenants in the Case My Lords it was never Complained of all the while I was there for ought appears to your Lordships so that it seems there was no great Innovation nor Inconvenience for if there were I should have heard of it But the Statute 11 E. 1. ca. 7. sets a penalty upon any Subject that shall Assess without the Deputies Authority Now I do most humbly beseech your Lordships that you would be pleased to remember that and let me know how it should be but Penal in a Common person to do it and yet Treason in a Deputy My Lords I shall likewise humbly mind your Lordships for the Statute or rather two Statutes as I take it whereby I conceive this Statute that made a Treason in Ireland was repealed But howsoever the practice in all time hath gone quite contrary to that Statute and the best Interpretation of Law is the Practice of Law and therefore the Practice having been otherwise it is an Argument very strong and prevalent that the Deputy as Chief Governor was never intended to be Concluded within that Act nor never to be brought in by General Words onely And that this should be a Levying of War against the King within the Statute of 25 E. 3. in England surely I conceive it cannot be for the Burning of Towns the Taking of Forts Killing and Slaying that I conceive to be a Levying of War but this is a strange Levying of War with two or three Soldiers to rest in Peace and Quietness eating on Contemners onely and not Killing and Slaying and all to procure Obedience to the King not in Disobedience to His Command If to lie upon them and eate be High-Treason in this Case What shall become of a great Company of good Fellowes that at this time eate at the Charge of the Country No my Lords This in the Case of a private Man had been but a Forcible Entry or a Ryot at the most if a man had done the same thing Mr. Savil did of his own Authority without the Deputy it had been but a Force and Ryot and How shall this be in my Case High Treason The next Charge in that Case is concerning a Warrant to one Piggot another Sergeant at Armes and the great and crying Miscarriages and Misimployments of such a War if there had been any it was when I as your Lordships may please to remember was out of Ireland and that was the Case of Bern a very Foule Misdemeanor as it proved But my Lords I being out of the Kingdom and no such Warrant shown I conceive I am absolutely dismissed as unto that and have nothing to Answer for it there was nothing done while I was in the Kingdom there is no Warrant of mine shown therefore I conceive I stand clear of that likewise But admit there were such a Warrant the Answer goes to that as to the test and certainly I hope will fully acquit me of this Fifteenth Article as Treason And so I must in humility submit to your Lordships wiser and better Judgments The next Statute Treason is an Intendment or Design or what you will have it for bringing over the Irish Army into this Kingdom to reduce it or to do I know not what nor I think no body else for there is no such thing But my Lords for proofe in this Case you have two offered there and no more under favour at all the first proof is the Fears and Doubts of my Lord Ranalaugh that tells you he Fears such a thing and Doubts such a thing My Lords if Fears and Doubts may be sufficient to Condemn me for Treason
By my Faith I fear and doubt very much these Fears and Doubts might Accuse me and Condemn me of Treason more then once a Year But my Lords his Fears and Doubts he may keep to himself I hope they shall not be brought any way to the prejudice of me I am I thank God both confident and knowing there is no such thing The next is the Testimony of Mr. Treasurer Vane and the Words Mr. Treasurer doth Witness against me in that particular are as I conceive these that I should say to His Majesty in an Argument concerning an Offensive or Defensive War with Scotland Your Majesty hath tryed all wayes and are refused and in this extream necessity for the safety of the Kingdom and Your People You may imploy the Irish Army to reduce this Kingdom My Lords To this I say that under favour Mr. Treasurer was in this methoughts a little Dubious he was something doubtful for at the first he told your Lordships he would deal plainly and clearly with you that he knew before whom he spoke and then my Lords it was but to the best of his Remembrance that these and these words were spoken At the last my Lords being put to it more he was pleased to say that these were positively the words or something to that effect So my Lords here is but a dubious and uncertain Witness under favour and these Professions of his speaking clearly and plainly and of his Consideration before whom he was which are something unusual Clauses to Men that come to Swear upon Oath make me conceive him something Dubious in this point Secondly My Lords he is a Single Witness and not onely so but under favour disavowed by all the rest that were present at the Council my Lord of Northumberland remembred no such thing my Lord Marquiss of Hamilton remembred no such thing my Lord Treasurer remembred no such thing my Lord Cottington is very well assured he said no such thing for if he had he should have taken offence at it himself which he never did My Lords in the Third place He is pleased to mention That it was in a Debate Whether an Offensive or Defensive War and that then I should say The King had an Army in Ireland c. My Lords It falls out in time to be as I conceive to be about the 5 th of May last not many dayes sooner or later the Army of Ireland was not raised till Iune following So it seems I should tell the King a great untruth that he had an Army in Ireland which he might imploy for His Service before that Army was raised for it is a notorious thing and any of that Country knows that the Army was not raised till the Fifteenth of Iune as I remember Lastly In farther taking away of this Testimony I have proved it by a great many Witnesses beyond all exception that there was never any such intendment of the bringing this Army into England nay that the Design was quite otherwise and this hath been apparently cleared before your Lordships By the Testimony of my Lord of Northumberland Marquess of Hamilton Sir Thomas Lucas and Mr. Slingsby And might have been further justify'd by the Testimony of my Lord of Ormond President of Munster and Sir Iohn Burlace Master of the Ordnance in Ireland if they had been here to have been produced So that all these laid together the strong and clear proof on my part the producing of a single Witness which by the Proviso of 1 Edw. 6. cannot rise in Judgment against any man for High-Treason I trust all these laid together I shall appear to your Lordships clear and free from these two points whereupon they enforce me to be within the compass of Treason by the Statute alleadged The Third Treason that is laid to my Charge is upon the 27 th Article where Four Musquettiers being sent to Egton by Sergeant Major Yawerth to call for their Eight pence a day is prest upon me as a Levying of War upon the King and His People and to be High-Treason upon the Statute of 25 E. 3. These be wonderful Wars if we have no greater Wars then such as four men are able to raise by the Grace of God we shall not sleep very unquietly But How do they prove this to be done by me they produce to your Lordships the VVarrant of Sir William Pennyman but had no VVarrant at all of mine to shew Sir William Pennyman doth not alledge any VVarrant of mine to that purpose he speaks of a General VVarrant wherein I and the Deputy-Lieutenants joyne for the paying of the Fortnights pay as they call it and that is very true but that I should give VVarrant to Levy by Soldiers no such thing is proved no such thing is shewed no such thing is alleadged by Sir William Pennyman that best knew it and should do it in his own Justification if there were such a thing but on the other side I must humbly beseech your Lordships to mind you what a clear and full proofe I made thereof to you till you were weary though I think I could have continued it a year longer if need had been that there was nothing done by me in the Levying of the first Months pay or the second Fortnights pay but with full consent of the Country nothing being of Constraint nothing being of force put upon them The Second point was a VVarrant shewed to your Lordships or at least pretended from Sir Edward Osborne the Vice-President wherein he charges them to obey and persue the substance and direction of his VVarrant on pain of Death and this must likewise be laid to me My Lords I confess I have faults enough more then a good many though I trust neither so crying nor grievous as some would pretend them to be but Faults I have more then too many I need not take nor add to my self other Mens but whether this be a Fault or no I cannot undertake to Judge But certainly I am in no Fault for I was at when this VVarrant issued from Mr. Vice-President and I dare say he is a Gentleman so worthy and noble and so great a Lover of Truth that let him be examined upon Oath if he shall not absolutely clear me from Privity or Direction of it I so much rely on him that I will be thought Guilty before your Lordships for this Charge Now my Lords having gone over all that first part which I thought fit to apply my self to and that is Statute-Treason There is no Statute-Treasons in the whole Charge nor colour or pretence thereof save onely that of Newcastle which was waved In these my Lords I hope I am clear before your Lordships and sure I am they give me little disquiet for in good faith I am clear in my own poor Judgment Then comes in the second Condition of Treason in the charge and that is Constructive-Treason and it is laid down in the first Article of the General Charge For my
Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Lawes and Government of the Realmes of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel His Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallible interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen years in the Kings Service ever Resolving in my heart Stare super vias antiquas to prove with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Haires charged as an under-worker against that Government a Subverter of that Law I most affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by words by Councils and by Actions in Ireland and in England My Lords I shall first give you an Accompt of the words wherewithall I am Charged forth of Ireland and the first words are in the third Article where I am Charged to have said That Ireland is a Conquered Nation and that the King may do with them as he pleaseth And to the City of Dublin That their Charters are nothing worth and bind the King no farther than he pleaseth These are the words Charged My Lords methinks it is very strange under favour that this can be made an Inducement to prove this Charge because I said That Ireland is a Conquer'd Nation therefore I endeavour to subvert the Fundamental Laws when I speak the Truth for certainly it is very true it was so My Lords under favour I remember very well there was as much said here at this Bar since we began and yet I dare well Swear and acquit him that spake it from intending to Subvert the Lawes For my Lords you were told and told truely That Ireland was a Conquered Nation and that it was Subordinate to England and God forbid that it should be otherwise and that they have received Lawes from the Conqueror My Lords the words testified by my Lord Gormonstone and Kilmalock to be spoken are not the words wherewith I am charged and so under favour I conceive cannot be brought to my prejudice as to this Tryal and they are words that are denied by me For my words concerning their Charters your Lordships remember very well I doubt not wherefore I said they were void For their misuse of them and that I told them so not with the intent to overthrow their Patents or Charters but to make them more conformable to those things that the State thought fit for encrease of Religion and Trade and encouraging and bringing English into that Town And that it was meant so and no otherwise Whatsoever was said it appeares by this their Charters were never touched nor infringed nor medled withal by me during the time I was in that Kingdom so that words so spoken and to such a purpose that they should go to prove such a Conclusion I conceive there is great difference betwixt those Premises and that Conclusion The next Charge for words in Ireland is in the Fourth Article where I am Charged to have said That I would neither have Law nor Lawyers Dispute or Question my Orders and that I would make the Earl of Cork and all Ireland know that as long as I had the Government there any Act of State should be as binding to the Subjects of that Kingdom as an Act of Parliament My Lords I humbly beseech your Lordships to give me leave to say for my self that these words of the Charge are onely Sworn by my Lord of Corke and no man else and his Lordship appeared a little mistaken the other day in one point on the Reading of an Order of the Council-Board for so it appears as I conceive so that for one single Witness and he the Party Aggrieved by these words to be the Man that must convince me I conceive your Lordships will not think that to stand with the ordinary Rules of proceeding For the rest to say Acts of State in Ireland should be Binding so long as they are not contrary to Law I confess I then conceived it had been no Offence for I thought them to be as binding being not contrary to Law but the Elder we grow the wiser we may grow if God give us the Grace and Attentions and so I trust I shall by these Gentlemen that have taught me to forbear those kind of Speeches hereafter My Lords These are all the Words charged against me for Ireland saving onely some things that I shall come to anon that is Charged upon me in one of the latter Articles concerning Scotland I say my Lords these are all the Words that have slipped from me in Seven years time having been well watched and observed as your Lordships may perswade your selves I have been But in Seven years time I say these are all the words brought to my Charge and in truth I conceive a wiser Man than my self might be forgiven for one Error or slip of his Tongue of that Nature in a years time seeing it is in
doth cease nay he says that in War Inter Arma silent Leges Now my Lords these are as highly said as any thing you have heard by me and yet certainly is no subverting of the Fundamental Laws for all that and therefore if a man must be judged he must not be judged by pieces but by all together My Lords Whatsoever I said at Council-Board was led in by this Case what a King should do in case of a Foreign Invasion of an Enemy when the ordinary wayes and means of levying Money would not come in seasonably to prevent mischief for what a King may do in case of absolute necessity certainly in these cases the ordinary Rules do not take place as this was the Case that let in the Discourse so I most humbly beseech your Lordships for it is fully proved to remember what was the conclusion of that Discourse which was That after the present occasion provided for the King was obliged in Honor and Justice to vindicate and free the Liberty of the Subject from all prejudice and harm it might sustain in that extraordinary occasion and that this was to be done by a Parliament and no other way but a Parliament and the King and his People could never be happy till the Prerogative of the Crown and the Liberty of the Subject were so bounded and known that they might goe hand in hand together mutually to the assistance of one another My Lords give me that which precedes and that which follows both being proved to be the Case in these words in the Charge I think considering these two I should be far from having committed any great crime or offence in saying these words But I say as I said before I shall be more wary for the time hereafter if it please God to give me that Grace and Life which I submit to him and shall readily and willingly resign to his good Will and Pleasure I conceive therefore that as these words are accompanied they be not words that do amount to Treason and are so qualifyed and so weakly proved that I trust they shall not stick with your Lordships The next words that I am charged withal in England be on the 25th Article and that is that I should say that the Aldermen that would not give in the names of the able men of the City deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up In the first part of the Article there is something concerning my advice for raising the Money but it is not proved that I did any thing therein but as others did and as in former years had been done before my coming into the Kingdom For the words that they deserved Fine and Ransome I confess them in my Answer just in the same manner as my Lord of Berkshire was pleased to testify them the other day that is That if they should not do the thing desired they might in my opinion be liable to Fine and Ransome And my Lords admit I were mistaken in my opinion shall it be a Treason to be mistaken I say in my opinion they might be lyable to Fine and Ransome but what is this to Treason Under favour nothing at all as I conceive For the other part that it would never be well till some of the Aldermen be hanged it proves to be testified by Mr. Alderman Garroway and he owns it only for himself for it was not that some of the Aldermen should be hanged but he said at the Bar till he himself were hanged My Lords This is a single Testimony and these words as he says were by me spoken to the King at the Council-Board That it would never be well till some of them were hanged meaning himself truly my Lords I thank God I never spake such unmannerly Language all the dayes of my life I have had more regard to my words than to say such things to my Master and your Lordships must needs be many of you by and I am very confident there is not one among you that can remember any such words were spoke for in good faith I did not speak them And my Lords before this misfortune did befall me I should with modesty have thought my self a person on equal terms to have been believed as well as Mr. Garraway and I speak it with as great confidence as he that I never spake the words My Lords The next is the 26th Article and that is that I should say the City of London dealt undutifully with the King and they were more ready to help the Rebels than to help His Majesty and if any hurt came to them they might thank themselves My Lords I am in the first part of this Article charged to have counselled and approved two dangerous and wicked Projects the one concerning the stay of the Bullion in the Tower the other concernin Copper-coyn and no proof hath been offered that I either compelled or approved either of those two Projects And my Lords it is proved to your Lordships that when the Merchants came I told them I knew nothing of the business as to the Bullion neither indeed did I ever know there was any Bullion nor any thing of that nature in the Tower But for the words I conceive it had been no Treason for me to think at that time that the Londoners had dealt unthankfully with His Majesty I thought I might have said it freely without danger of such a thought as might conduce to the convicting me of Treason But whatsoever I then thought or on what grounds soever it may be remembred that then I alledged and now I speak it when news was brought to York that the City had sent the King Two hundred thousand pounds I took notice that notwithstanding all I had thought formerly they nad now made such recompence and so cleared their Faith and Duty to the King that I should be their servant and lay my hand under their feet as those that heard me are able to speak for though at first I said they had dealt unthanfully with the King yet afterwards I was ready and willing upon all occasions to testify the contrary of them and to profess that I was ready to serve them upon all occasions just and honest and honourable As for my saying that they were readier to help the Rebels than the King In truth I am a man that cannot justify a thing I do not approve I must needs say it was an unadvised Speech and I wish I had not spoke it it seems I did speak it for I have reason to believe honest men when they Swear though in truth I remember it not but I have no reason or cause to think they would take an Oath otherwise then truth I have no exception to the Men and therefore upon their words I must Credit them before my own memory but it
but only the Estimate of a Merchant and how far your Lordships will be guided by the Estimate of a Merchant I known not but I have had Trial of some of them and their Estimates never hold for they have alwayes told me I shall gain much and when I came to the point I gained nothing and if Sir George Ratcliffe should be Sworn to the Point he should say confidently that we are Fourscore and six thousand out of Purse and when he came out of Ireland but Fourscore thousand pounds received and this is the Profit Estimated by the great Merchants at a Hundred and Forty thousand pounds a year But at the worst it is but a Monopoly and a Monopoly of the best condition because it was begun by a Parliament I have seen many Monopolies question'd in Parliament and many overthrown in Parliament but I never heard a Monopoly charged for a Treason My Lords The next is the 13th Article and that is concerning the Flax business For that my Lords if I had thought it any way concerning me I could have cleared it in a very great measure But I had no private Interest in the business much less of private profit but onely an endeavour and desire to bring in the Trade of Linnen-Cloth to that Kingdom which would be much advantage to both Kingdoms and no prejudice to this Kingdom which a Woollen Trade would have been if set up these And the Prolcamation when it was found not so well liking to the People was called in of our own accord before it was question'd and so laid aside and given over For any matter of private Benefit you have no Witness but Crokay a Fellow brought out of Prison Here is but a single Witness and a sorry one a Fellow who by misbehaving and misusing the trust committed to him was turned out and upon the turning of him out the Proclamation was absolutely called in and now he comes to be a Witness being himself the onely offended in the Cause But I beseech your Lordships to think I have not lived with so mean a heart in the World that I should look to gain Four Nobles more or less upon a Cart Load of Flax It is very well known my thoughts have carryed me free enough from gaining so poor and petty a matter as that is I know nothing in the World of it no more than the man in the Moon but when it comes to be heard your Lordships will find me extreame pure in that for I thank God I have clear hands I assure you The 14th is waved by them concerning an Unlawful Oath given to Masters and Officers of Ships and it might very well be waved for I conceive it to be Warranted by the Law Sure I am it is both the Practice of England and Ireland and hath alwayes and at all times been practised and used and is onely for the preventing of Fraud and Deceipt in Merchants by not paying the Kings Duties and Customes The 15th is Answered already I hope The 16th doth Charge upon me certain Propositions I made before I went into Ireland And in good Faith my Lords you may see how short-sighted men may be to their own Actions for I did very well believe I should never have reaped any thing from those Propositions but Thanks I am sure they were well received then when they were offered to His Majesty and the Council and I must truely Confess I never thought they should be objected against me as a Fault My Lords The Proposition was That no Man should be allowed to Complain of Injustice or Oppression in Ireland unless he first addressed himself to the Deputy My Lords there was no Original Intent but onely to prevent Clamours and Unjust Vexations of the Kings Ministers there that after men had received Judgment of the Kings Courts they might not presently come and by Clamours call over a Chief Justice or a Chancellor or President to Answer here and be at charge of five or six hundred pounds unless they acquaint the Deputy with it that they might be righted in the place and this is Charged against me as a great Crime Truely my Lords I shall Confess and Amend any thing and trust other Judgments rather than mine own but I see not how this can Charge me as intending to subvert the Laws of the Land but rather to preserve them The other concernes a Proclamation That none shall depart the Kingdom without License My Lords for that I have shewed that no man out of that Kingdom can come without License but upon very great Penalties I have shewed likewise it was the desire of their own Agents some 15 or 16 years since That there might be such a Restraint and none might come over without License I have shewed you likewise the Instructions to my Lord of Faulkland by which he was Commanded in persuance of that Desire that none should come over without his License I have shewed the express Command of His Majesty to me to have it so I have shewed you likewise the Reasons of State why it should be so to prevent that practice and Intelligence which might otherwise arise betwixt them of that Nation serving under Tir-Connell and O Neale and likewise to prevent the going over and transplanting the Prime Nobility and Gentry to Seminaries and other such places there to be brought up and therefore in reason of State it is a Restraint and ought so to be But having these grounds of Law Warrant Practice Former Instruction and all Why this should be brought to me in particular Charge to Convince me of endeavouring the Subversion of the Laws I must submit to your Lordships My Lords There is in the latter part of this another Charge concerning the Sentenceing of one Parry who was Sentenced as I conceive very Justly and I have no more to answer for in that Sentence then any of the rest having but a single Voice and that I should answer for all I confess is something hard But there is no manner of Testimony in the World in this save the Testimony of Parry himself Now if Parry the Man offended his Testimony shall be taken against the Judge I know no Man can be safe and other Testimony is not offered and therefore I trust that that will easily fall off of it self The 17th is likewise waved and is in Truth of no great Consequence one way or other and therefore I shall give no other Answer to it It was well waved and had been as well left out having no great matter in it The 18th is likewise waved but it is that which sticks very heavy upon me and wherein I find my self as much afflicted as in any one part of the Charge For my Lords here I am Charged up and down to endeavour to draw upon my self a Dependance of the Papists in both Kingdomes of Ireland and England and that I have during the time of my Government restored diverse Mass-Houses in Dublin and elsewhere
that have been by Precedent Deputies taken away I am likewise Charged to have drawn to my self a Dependence of the Irish Army Eight Thousand all Papists and likewise to have miscarried my self in a Commission intrusted with me before my going into Ireland concerning Compositions for Recusants This is a very heavy and grievous Charge and hath raised a great deal of Ill Opinion against me in the World to be a Fafourer and Contriver with Papists and I know not whom against the Religion I profess a Greater and Fouler Crime there cannot be against God or Man and yet this goes in Print all over the World and when it comes to the Point here is no Proof nor any part of the Charge made good And therefore since it is not made good by the Charge I humbly desire I may be vindicated in your Lordships Noble Opinions and the Opinions of all that hear me that I am in my Religion what I ought to be and that which I will Dye in and Maintain against all the World And I am so far from Contriving any thing to the hinderance of it that if God give me life I will serve it and prevent any inconvenience to it and my Religion and Duty to God is so Dear and precious to me that there is nothing in this World but I shall lay it down as Straw and Stubble under my feet and trample upon it rather then in any kind forfeit that but in the mean time I suffer and must be content My Lords The next is the 19th Article and that was for framing a New and Unusual Oath which the Scots did take in Ireland to give Pledges of their Allegiance to the King I have shewed you for that that the Oath was framed by the Kings express Command in Ianuary before the Oath was given which was I think in May. And I did then humbly conceive it lawful for me so to do being onely to take from them a Pledge of their Allegiance to the King I confess I conceived such an Oath might have been lawfully Administred to the People and shewed that the same Oath was Administred here in England to those of that Nation I shewed that it was taken in Ireland voluntarily And I humbly represent to your Lordships the time when this Oath was required when the King and both the Armies were in the Field lodged not far from one another And whereas it is said it should oblige the Clergy in Ecclesiastical Matters if your Lordships call to mind the very Oath it self cleares that Point requiring onely a Temporal Obedience and Allegiance in a time of that Danger and Distraction given by the Kings own Command and to no other purpose And my Lords the Proofes are nothing at all on the matter Sir Iames Mountgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir Iohn Clotworthy there is nothing at all in it concerning Treason Stewarts Sentence remains onely to be Answered in this Article for that I conceive it was Justly and Fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against His Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traitors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proofe it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by my Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are onely testify'd by one single Witness Salmon the School-Master Swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness Iohn Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and Root them out Root and Branch and I cannot tell what But Iohn Loftus said indeed that I said I hope that such of the Scotish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I neither spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no Proofe in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the Kings Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the Kings Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will Justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships beliefe that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deale a new and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under Gods goodness and the Protection and Benefit of His Majesties Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it
these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Lawes of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Lawes to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Iesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deale to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Tokens set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your selves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the Plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those Killing Arts then our Fore-fathers were before us My Lords It is now full Two hundred and forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly least it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the publick Affaires of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self it is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur THE SPEECH OR DECLARATION Of John Pym Esq MY LORDS MAny dayes have been spent in maintenance of the
very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this Prisoner having committed so many Treasons although he should pay all these Forfeitures will be still a Debtor to the Common-wealth nothing can be more equal then that he should perish by the Justice of that Law which he would have Subverted neither will this be a new way of Blood There are Marks enough to trace this Law to the very Original of this Kingdom and if it hath not been put in Execution as he alleadgeth this 240 years it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no whit less liable to punishment because he is the onely Man that in so long a time hath ventured upon such a Treason as this It belongs to the Charge of another to make it appear to your Lordships that the Crimes and Offences proved against the Earl of Strafford are High-Treason by the Lawes and Statutes of this Realme whose Learning and other Abilities are much better for that Service But for the time and manner of performing this we are to resort to the Direction of the House of Commons having in this which is already done dispatched all those Instructions which we have received and concerning further Proceedings for clearing all Questions and Objections in Law your Lordships will hear from the House of Commons in Convenient time THE ARGUMENT Of Mr. LANE The PRINCE'S ATTORNY-GENERAL On the Behalf of the Earl of STRAFFORD In Point of Law MY Lords I shall not at all touch the Matter of Law further than to clear your Judgments of one Statute only viz. 25 E. 3. because when the same was Alleadged by the Lord Strafford in his own Defence that not being Convict of the Letter thereof he could not be Convict of Treason Remember the Salvo of the Statute was much insisted upon by those from the House of Commons as much Conducing to their Ends. My Lords I will first speak of the Statute it self and then of it's Salvo or Provision The Statute is That if any Man shall Intend the Death of the King His Queen their Children kill the Chancellor or Judge upon the Bench Imbase the Kings Coyn or Counterfeit the Broad-Seal c. he shall be Convict and Punisht as a Traytor That the Lord Strafford comes not within the Letter of this Statute is not so much as once alleadged nor indeed it cannot be with any Reason All that can be said is That by Relation or by Argument a Minore ad Majus he may be drawn into it yet that this cannot be 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 Laws but Lawes of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestion'd hold good can admit of no Constructions or Inferences for Penalties are to perswade the Keeping of Known Lawes not of Lawes Conjectural Ambiguous and by Consequence which perhaps the most Learned may not in their Disputes question much less the Subject who is not obliged to Interpret the Statute doubt of in the point of Obedience yea rather without any doubt he is rather to obey the Letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a Notable Law 13 Eliz. cap. 2. whereby it is declared That the Bringing in of Bulls from Rome to stir up the Subject to Mutiny and Rebellion shall be punished as Treason Now if by Interpretation or by Consequence this Sence might have been thrust upon the Preceding Statutes the making of this had been superfluous yea the Persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Anno 21 Edw. 3. We have a Statute declaring That for a Servant to Kill his Master is an Act of Treason and in the 23 th year of the same King a Process of Treason was framed against a Man for Killing his Father grounded upon the same Argument a Minore ad Majus But it was found and the Sentence is yet in Records that although in the 21 th year of Edward the Third that Argument might have been admitted yet in the 27 th it could not by Reason of the Declarative Law Intervening in the 25 th year and this Case comes very home to the Point in Law My Lords I will not demand What kind of Offence it may be for a Man to Subvert the Fundamental Laws of the Kingdom the Crime doubtless is Unnatural and Monstrous and the Punishment must keep the same Proportion only I Presume to Offer these few things to your Lordships Consideration 1. That one or more Acts of Injustice whether Malitiously or Ignorantly done can in no sence of Law be called The Subversion of the Fundamental Laws if so as many Judges perhaps so many Traytors 't is very Incident to Mans Nature to erre nor doth the Lord Strafford plead his Innocency in Oversights but in Treason 2. I do Remember the Case of Iohn de la Pole Duke of Suffolk this Man in the 28 th of Henry the Sixth was Charged by the House of Commons with Articles of Treason and those too very like to these against my Lord Strafford I. That he had given the King bad Advices II. That he had Embased His Coyn. III. That he had Sessed Men of War IV. That he had given out Summary Decrees V. That he had Imposed Taxes VI. That he had Corrupted the Fountain of Justice VII That he had perswaded the King to Unnecessary War and the giving over of Anjou in France And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after a long agitation the Matter was found by the Lords of the Parliament not to Imply Treason but only Felony Add to this another who in the 23 d of Henry the Eighth was Charged for subverting the English Laws and yet no Treason charg'd upon him Add to both the Charge of Richard Larkes Pleaded at the Common-Pleas who was Charged with Treason for Subverting the Law but Convicted onely of Felony By which you may see my Lords what to this time hath been Subverting the Lawes 3. It is very considerable That the Lord Strafford is not charged to have Subverted but onely to have Intended to Subvert the Fundamental Lawes and this I conceive if there were no more might keep him free from that Statute the 25 th of Edward the Third For although as touching the
the Conscience of the Judge in giving Judgment according to them In several Countries there is not the same measure of Punishment for one and the same Offence Willful Murder in Ireland it is Treason and so is the wilfull Burning of a House or a Stack of Corne In the Isle of Man it is Felony to Steal a Hen but not to steale a Horse and yet the Judge in Ireland hath as just a Ground to give Judgement of High-Treason in those Cases there as here to give Judgment onely of Felony and in the Isle of Man of Felony for the Hen as here of Pety-Larceny My Lords in the other Consideration of using the Supreame Power the same Law gives power to the Parliament to make new Lawes that enables the inferiour Court to Judge according to the old The Rules that guides the Conscience of the inferiour Court is from without the Prescripts of the Parliament and of the Common-Law in the other the Rule is from within that Salus populi be concerned that there be no wilful oppression of any of the Fellow-Members that no more Blood be taken then what is necessary for the Cure the Lawes and Customes of the Realm as well enable the Exercise of this as of the Ordinary and Judicial Power My Lords What hath been said is because that this proceeding of the Commons by way of Bill implies the use of the meer Legislative Power in respect new Lawes are for the most part past by Bill This my Lords though just and legal and therefore not wholly excluded yet it was not the onely ground that put the Commons upon the Bill they did not intend to make a new Treason and to Condemn my Lord of Strafford for it they had in it other considerations likewise which were to this effect First The Commons knew that in all former Ages if doubts of Law arose of great and general concernments the Parliament was usually consulted withal for resolution which is the reason that many Acts of Parliament are onely Declarative of the Old Law not Introductive of a New as the Great Charter of our Liberties The Statute of Five and Twentieth year of Edward the Third of Treasons The Statute of the Prerogative and of late the Petition of Right if the Law were doubtful in this Case they perceived the Parliament where the old way is altered and new Lawes made the fittest Judge to clear this Doubt Secondly My Lords they proceeded this way to obviate those Scruples and Delayes which through disuse of proceedings of this nature might have risen in the manner and way of proceedings since the Statute of the First of Hen. 4. Cap. 17. and more fully in the Roll number 144. The proceedings of Parliament have usually been upon an Indictment first found though in Cases of Treason particularly mentioned in the Statute of 25 Edw. 3. which had not been done in this case doubts likewise might rise for Treasons not particularly mentioned in the Statute of 25 Edw. 3. whether the Declaratory Power of Parliament be taken away in what manner they were to be made and by whom they find not any Attainders of Treason in Parliament for near this 200 years but by this way of Bill and again they know that whatsoever could be done any other way it might be done by this Thirdly In respect of the Proofs and Depositions that have been made against him for First although they knew not but that the whole Evidence which hath been given at the Barr in every part of it is sufficiently comprehended within the charge yet if therein they should be mistaken if it should prove otherwise use may justly be made of such Evidence in this way of Bill wherein so as Evidence be given in it 's no way requisite that there should have been any Articles or Charge at all and so in the case of double Testimony upon the Statute of the 1 of Edw. 6. whether one direct Witness with others to circumstances had been single or double Testimony And although single Testimony might be sufficient to satisfy private Consciences yet how far it would have been satisfactory in a judicial way where forms of Law are more to be stood upon was not so clear whereas in their way of Bill private satisfaction to each mans Conscience is sufficient although no Evidence had been given in at all My Lords The proceeding by way of Bill it was not to decline your Lordships Justice in the judicial way in these exigends of the State and Kingdom it was to Husband time by silencing those doubts they conceived it the speediest and surest way My Lords these are in effect the things the Commons took into their Consideration in respect of the manner and way of Proceeding against the Earl In the next place I am to declare unto your Lordships the things they took into their Considerations in respect of the Matter and Merits of the Cause and they are comprehended within these six heads 1. That there is a Treason within the Statute of 25 of Edw. III. by Levying of War upon the Matter of the 15th Article 2. If not by actual levying of War yet by advising and declaring his intention of War and that by Savil's Warrant and advice of bringing over the Irish Army upon the Matter in the 23 Article then intending of a War if not within the clause of levying of a War in the Statute of 25th Edw 3. yet within the first Treason of compassing the death of the King 3. If either of these two single Acts is within the Statute of 25th Edw. 3. yet upon putting all together which hath been proved against him that there 's a Treason within the first Clause of Compassing the death of the King Et si non Prosunt singula juncta juvant 4. That he hath Sessed and laid Soldiers upon the Subjects of Ireland against their Will and at their Charge within the Irish Statute of the 18th year of Hen. 6th that both Person and thing are within the Statute That the Statute remains in force to this day that the Parliament here hath cognizance of it and that even in the ordinary way of Judicature that if there be a Treason and a Traitor that the want of Jurisdiction in the judicial way may justly be supplied by Bill 5. That his endeavouring to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce a Tyrannical Government against Law is Treason by the Common-Law That Treasons at the Common-Law are not taken away by the Statute of 25th Edw. 3. 1 Hen. 4th c. nor any of them 6. That as this case stands it 's just and necessary to resort to the Supream Power in Parliament in case all the rest should fail Of these six five of them are Treason within the compass of the Laws already established Three within the Statute of 25th Edw. 3. and one within the Irish Statute the other by the Common-Law of
to the King and Commons and that they would take nothing but what they paid for punished all theft with death here 's no intendment against the Person of the King The intent was to establish the Laws of Villanage and Servitude to burn all the Records to kill the Judges This in the Parliament of the 5th year of R. 2. No. 31 32. the First Part is declared to be Treason against the King and against the Law In the 11th year of R. 2. in Parliament the raising of Forces against the Commissioners appointed by Act of Parliament the year before adjudged Treason by all the Judges The Statute I mo Mary Cap. 12. Enacts That if 12 or more shall endeavour by force to alter any of the Laws or Statutes of the Kingdom he shall from such a time there limited be adjudged only as a Felon This Act was to continue but to the next Parliament it is expired it shews by the words only that the offence was higher before the making it My Lords In Queen Elizabeths time Grant and divers Apprentices of London to the number of 200. rose and assembled at Tower-hill carried a Cloak upon a Pole instead of a Banner their intent was to deliver divers Apprentices out of Prison that had been committed upon a Sentence in the Star-Chamber for Riots to kill the Lord Mayor of London and for setting prizes on Victuals In Trinity Term 37 Eliz. divers of the Judges were consulted withal and resolved That this was a Levying of War against the Queen being intended against the Government and Officers of the Queen and therefore Grant and others were executed as Traitors Afterwards in that Queens time divers of the County of Oxford consulted to go together from House to House in that County and thence to London and other parts to excite them to take up Arms for the throwing in of all inclosures throughout England Nothing was done nor no assembly Yet the Statute of 13 Eliz. Cap. 1. during the Queens Life made it Treason to intend or advise to Levy War against the Queen In Easter Term 39 of Eliz. all the Judges of England met about the Case it was resolved by them that this was a War intended against the Queen they agreed That if it had been of one Township or more upon private interest and claim of right of Common it had not been Treason but this was to throw in all Inclosures through the Kingdom whereunto these parties should pretend no claim That it was against the Law in regard that the Statute of Merton gave power of Inclosures in many Cases upon this resolution Bradsaw and Burton were executed at Aynestow-hill in Oxfordshire the place where they intended the first Rendezvous So that my Lords if the end of it be to overthrow any of the Statutes any part of the Law and setled Government or any of the great Officers intrusted with the execution of them This is a War against the King My Lords It will be further considerable what shall be accounted a Levying of War in respect of the actions and things done there 's a design to alter some part of the Laws and present Government for the effecting thereof People be provided of Arms gathered together into Troops but afterwards march not with Banners displayed nor do bellum percutere whether the Army themselves and gathering together upon this design be a War or such prosecution of the Design with force as makes it Treason within the Statute First If this be not a War in respect that it necessarily occasions hostile preparations on the other side Secondly From the words of the Statute shall Levy War and be thereof probably Attainted of open Deed by People of their condition altho the bare conspiring be not an open Deed yet whether the Arming and Drawing of men together be not an open Declaration of War In Sir Thomas Talbots Case before cited in the Seventeenth year of R. II. the Acts of Force are expressed in the Parliament Roll That he caused divers of the People of the County of Chester to be armed in a Warlike manner in Assemblies here is no Marching no Banners displayed In the Eighth year of Hen. VIII William Bell and Thomas Lacy in Com. Kanc. conspired with Thomas Cheyney called the Hermite of the Queen of Faries to overthrow the Law and Customs of the Realm and for the effecting of it they with Two hundred more met together and concluded upon a course of raising greater Forces in the County of Kent and the adjacent Shires This adjudged Treason these were open Acts. My Lords For the application of both these to the case in question First In respect of the end of it here was a War against the King it was to subvert the Laws this being the design for the effecting of it he assumed to his own Person an Arbitrary Power over the Lives Liberties and Estates of His Majesties Subjects and determined Causes upon Paper-Petitions at his own Will and Pleasure Obedience must be forced by the Army this is declared by the Warrant My Lords If it be said that the Warrant expresseth not any intent of subverting the Laws It expresseth fully one of the principal means whereby this was to be done that is obedience to his arbitrary Orders upon Paper-Petitions This was done in reference to the main design In the cases of the Town of Cambridge and Sir William Cogan they have formerly been cited to your Lordships upon other occasions the things in themselves were not Treason they were not a Levying of War In that of Cambridge the Town met together and in a forcible manner broke up the University-Treasury and took out of it the Records and Evidences of the Liberties of the University over the Town In the other they of Bridgewater marched to the Hospital and compelled the Master of the Hospital to deliver unto them certain Evidences that concerned the Town and forced him to enter into a Bond of 200 l. These if done upon these private ends alone had not been a Treason as appears by the very words of the Statute of 25 Edw. 3. before-mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the Villains as appears in the Parliament-Roll of the First year of Rich. the 2. Numb 311. and 32. where the Towns of Cambridge and Bridgewater are expresly excepted out of the general Pardon made to the Villains this being done in reference to that design of the Villains of altering the Laws this was that which made it Treason If the design went no further than the enforcing Obedience to these Paper Orders made by himself it was sufficient it was to subvert one fundamental part of the Law nay in effect the whole Law what use of Law if he might order and determine of mens Estates at his own pleasure This was against the Law notoriously declared in Ireland In the close Roll in the Tower in the 25th
year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King Iames His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end 2. In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savill for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the Kings Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more than sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-Bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of His Majesties Subjects and the Laws In the 23 Article having told His Majesty that he was loosed and absolved from Rules of Government and might doe every thing which Power might admit he proceeded further in speech to His Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practice an advice to Levy War and by force to oppress and destroy His Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the Kings Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen 6. fol. 49. there adjudged That the conspiring and aiding to counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet it is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Hen. 4th one Balshal coming from London found one Bernard
Soldiers upon the Refusers in an Hostile manner Sixthly Was an Incendiary of the War between the two Kingdomes of England and Scotland My Lords We shall leave it to your Lordships Judgments whether these Words Counsels and Actions would not have been a sufficient Evidence to have Proved an Indictment drawn up against him as those before mentioned and many others are That they were spoken and done to the Intent to draw the Kings heart from the People and the Affections of the People from the King that they might leave the King and afterwards rise up against him to the destruction of the King If so here is a Compassing of the Kings Death within the Words of the Statute of 25th year of Edward the Third and that Warranted by many former Judgments My Lords I have now done with the Three Treasons within the Statute of the Twenty fifth of Edw. 3d. I proceed unto the Fourth upon the Statute of the Eighteenth year of Henry the Sixth Chapter the third in Ireland and I shall make bold to read the words to your Lordships That no Lord nor any other of what condition soever he be shall bring or lead Hoblers Kernes or Hooded Men nor any other People nor Ho rses to lie on Horseback or on Foot upon the Kings Subjects without their good wills and consent but upon their own costs and without hurt doing to the Commons and if any so do he shall be adjudged as a Traytor 1. The Argument that hath been made concerning the person that it extends not to the King and therefore not to him weighs nothing with your Lordships Rex non habet in Regno parem from the greatness of his Office to argue himself into the same impossibility with His Sacred Majesty of being incapable of High-Treason it 's an Offence no Treason The words in the Statute No Lord nor any other of what condition soever he be include every Subject In Trinity Terme in the Three and thirtieth year of Henry the Eighth in the Kings-Bench Leonard Lord Gray having immediately before been Lord Deputy of Ireland is Attainted of High-Treason and Judgment given against him for letting diverse Rebels out of the Castle of Dublin and discharging Irish Hostages and Pledges that had been given for securing the Peace for not punishing one that said That the King was an Heretique I have read the whole Record there 's not one thing laid to his Charge but was done by him as Lord Lieutenant He had the same Plea with my Lord of Strafford That these things were no adhering to the Kings Enemies but were done for Reasons of State that he was not within those words of the Statute of the 25 of Edw. 3. himself being Lord Lieutenant there Object It hath been said That the Soldiers sessed upon the Subjects by him were not such persons as are intended by that Statute Hoblers Kernes and Hooded Men those Rascally people Answ. My Lords they were the names given to the Soldiery of those times Hoblers Horsemen the other the Foot But the words of the Statute go further Nor any other People neither Horse nor Foot His Lordship sessed upon them both Horse and Foot Object The Statute extends onely to those that lead or bring Savil led them my Lord onely gave the Warrant Answ. To this I shall onely say thus Plus peccat author quam Actor by the rule of the Law Agentes consentientes pari plectuntur poena if consent much more a Command to do it makes the Commander a Traytor If there be any Treason within this Statute my Lord of Strafford is Guilty It hath been therefore said That this Statute like Goliah's Sword hath been wrapt up in a Cloath and laid behind the door that it hath never been put in execution My Lords if the Clarke of the Crown in Ireland had certified your Lordships upon search of the Judgments of Attainders in Ireland he could not find that any man had been attainted upon this Statute your Lordships had had some ground to believe it Yet it s onely my Lord of Straffords Affirmation besides your Lordships know that an Act of Parliament binds until it be repealed It hath been therefore said That this Statute is repealed by the Statute of the 8 Ed. 4. Cap. 1. and of the 10th of Hen. 7. Cap. 22. because by these two Statutes the English Statutes are brought into Ireland The Argument if I mistook it not stood thus That the Statute of the First of Henry the 4th the 10th Chap. saith That in no time to come Treason shall be adjudged otherwise then it was ordained by the Statute of the 25 E. 3. that the reason mentioned in the Eighteenth year of Henry the Sixth in the Irish Statute is not contained in the 25 Edw. 3. and therefore contrary to the Statute of the 1 Hen. 4. it must needs be void If this were Law then all the Statutes that made any new Treason after the First of Henry 4th were void in the very Fabrick and at the time when they were made hence likewise it would follow that the Parliament now upon what occasion soever hath no Power to make any thing Treason not declared to be so in the Statute 25 Edw. 3. This your Lordships easily see would make much for the Lord of Straffords advantage but why the Law should be so your Lordships have onely as yet heard an Affirmation of it no reason But some touch was given that the Statute of the tenth year of Henry the Seventh in words makes all the Irish Statutes void which are contrary to the English The Answer to this is a denial that there are any such words in the Statute The Statute declares that the English Statutes shall be effectual and confirmed in Ireland and that all the Statutes made before time to the contrary shall be revoked This repeals only the Irish Statutes of the tenth year of Henry the Fourth and the Nine and twentieth year of Henry the Sixth which say that the English Statutes shall not be in force in Ireland unless particularly received in Parliament it makes all the Irish Statutes void which say that the English Statutes shall not be in force there It is usual when a Statute sayes that such a thing shall be done or not done to add further that all Statutes to the contrary shall be void No likelihood that this Statute intended to take away any Statute of Treason but when in the Chapter next before this Murder there is made Treason as if done upon the Kings Person That this Statute of the Eighteenth year of Henry the Sixth remains on foot and not repealed either by the Statute of the Eighth year of Edward the Fourth or this of the Tenth year of Henry the Seventh appears expresly by two several Acts of Parliament made at the same Parliament of the tenth year of Henry the Seventh By an Act of Parliament of Henry the Sixth's time in Ireland it was made Treason for any Man
in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the First in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the Common-Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King Iohn and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent-Rolls of the 30th year of King Henry 3. the first Membrana the words are Quia pro Communi Utilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Iohannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Court in England where they receive their Degree and of them and of the Common-Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such as upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edw. 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgement belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of judging upon an Irish Statute the Pleas of the Crown for things of life and death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ. This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By
not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traitor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgement I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6. My Lord of Strafford hath offended against both the Kingdoms and is guilty of High Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away Englands but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if His Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Iudges they shall not proceed to Iudgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings death Levying War Counterfeiting the Money or Great Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 Therebe two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quotîes the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen M. cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or the Declaration of Treason and no others And further provides That no pains of death penalties or forfeiture in any wise shall ensue for committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others refer still to offences made Treason by Act of Parliament they restrain not to the Treasons only particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason as appears by the words immediately foregoing By the Second Part for the peins and forfeitures of Treasons if it intend only the punishment of Treason or if it intend both Treason and Punishment yet all is referred to the Provision and Ordinance of 25 Edw. 3. any Act of Parliament or other Declaration or thing notwithstanding It saith not other then such Penalties or Treasons as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned no it refers all Treasons to the general Ordination and Provision of that Statute wherein the Common Law Treasons are expresly kept on foot If it be Asked What good this Statute doth if it take not away the Common Law Treasons 1. It takes away all the Treasons made
by Act of Parliament not only since the first of Hen. 4. which were many but all before 1 Hen. 4. even until the 25 E. 3. by express words 2. By express words it takes away all declared Treasons if any such had been in Parliament Those for the future are likewise taken away so that whereas it might have been doubted whether the Statute of the 1 H. 4. took away any Treasons but those of the 22 d and 23 d years of R. 2. This clears it both for Treasons made by Parliament or declared in Parliament even to the time of making the Statute This is of great use of great security to the Subject so that as to what shall be Treason and what not the Statute of 25 E. 3. remains entire and so by consequence the Treasons at the Common Law Only my Lords it may be doubted whether the manner of the Parliamentary proceedings be not altered by the Statute of 1 H. 4. Chap. 17. and more fully in the Parliament Roll Number 144 that is whether since that Statute the Parliamentary power of Declaration of Treasons whereby the inferiour Courts Receive Jurisdiction be not taken away and restrained only to Bill that so it might operate no further then to that particular contained in the Bill that so the Parliamentary Declarations for after-times should be kept within the Parliament it self and be extended no further Since 1 H. 4. we have not found any such Declarations made but all Attainders of Treason have been by Bill If this be so yet the Common-Law Treasons still remaining there is one and the same ground of reason and equity since the 1 H. 4. for passing a Bill of Treason as was before for declaring of it without Bill Herein the Legislative power is not used against my Lord of Strafford in the Bill it s only the jurisdiction of the Parliament But my Lords because that either through my mistaking of the true grounds and reasons of the Commons or my not pressing them with apt agreements and presidents of former times or that perchance your Lordships from some other Reasons and Authorities more swaying with your Lorpships Judgments then these from them may possibly be of a contrary or dubious opinion concerning these Treasons either upon the Statutes of 25 E. 3. 18 H. 6. or at the Common-Law My Lords If all these five should faile they have therefore given me further in Command to declare to your Lordships some of their Reasons why they conceive that in this case the meer Legislative Power may be exercised Their reasons are taken from these three grounds 1. From the nature and quality of the Offence 2. From the Frame and Constitution of the Parliament wherein this Law is made 3. From Practices and Usages of former times The horridness of the Offence in endeavouring the overthrowing the Lawes and present Government hath been fully opened to your Lordships heretofore The Parliament is the Representation of the whole Kingdom wherein the King as Head your Lordships as the most Noble and the Commons the other Members are knit together into one Body Politick This dissolves the Arteries and Ligaments that hold the Body together the Lawes He that takes away the Lawes takes not away the Allegiance of one Subject alone but of the whole Kingdom It was made Treason by the Statute of 13. Eliz. for Her time to affirm that the Lawes of the Realm do not bind the Descent of the Crown no Law no Descent at all No Lawes no Peerage no Rankes or Degrees of men the same Condition to all It 's Treason to kill a Judge upon the Bench this kills not Iudicem sed Iudicium He that borrowed Apelles and gave Bond to return again Apelles the Painter sent him home after he had cut off his Right Hand his Bond was broken Apelles was sent but not the Painter There are Twelve Men but no Law there 's never a Judge amongst them It 's Felony to Imbezle any one of the Judicial Records of the Kingdom this at once Sweeps them all away and from all It 's Treason to Counterfeit a Twenty shillings piece here 's a Counterfeiting of the Law we can call neither the Counterfeit nor True Coyn our own It 's Treason to Counterfeit the Great-Seal for an Acre of Land no property hereby is left to any Land at all nothing Treason now either against King or Kingdom no Law to punish it My Lords If the Question were Asked at Westminster-Hall Whether this were a Crime punishable in Star-Chamber or in the Kings-Bench by Fine or Imprisonment they would say it went higher If whether Felony they would say that 's for an Offence only against the Life or Goods of some one or few persons It would I believe be answered by the Judges as it was by the Chief Justice Thurning in 21 R. 2. that though he could not Judge the Case Treason there before him yet if he were a Peer in Parliament he would so Adjudge it My Lords if it be too big for those Courts we hope it 's in the right way here 2. The second Consideration is from the Frame and Constitution of the Parliament the Parliament is the great Body Politick it comprehends all from the King to the Beggar if so My Lords as the Natural so this Body it hath power over it self and every one of the Members for the preservation of the whole It 's both the Physitian and the Patient If the Body be distempered it hath power to open a Vein to let out the corrupt blood for curing it self if one Member be Poysoned or Gangred it hath power to cut it off for the preservation of the rest But my Lords it hath often been inculcated that Law-makers should imitate the Supreme Law-giver who commonly warnes before he strikes The Law was promulged before the Judgment of death for gathering the Sticks No Law no Transgression My Lords To this rule of Law is Frustra legis auxilium invocat qui in legem committit from the Lex talionis he that would not have had others to have a Law Why should he have any himself Why should not that be done to him that himself would have done to others It 's true we give Law to Hares and Deers because they be Beasts of Chase It was never accounted either cruelty or foul play to knock Foxes and Wolves on the head as they can be found because these be Beasts of Prey The Warrener sets Traps for Polcats and other Vermine for preservation of the Warren Further my Lords most dangerous Diseases if not taken in time they kill Errors in great things as War and Marriage they allow no time for repentance it would have been too late to make a Law when there had been no Law My Lords for further Answer to this Objection he hath offended against a Law a Law within the endeavouring to subvert the Lawes and Polity of the State wherein he lived which had so long and with such
faithfulness protected his Ancestry Himself and his whole Family It was not Malum quia prohibitum it was Malum in se against the Dictates of the dullest Conscience against the Light of Nature they not having a Law were a Law to themselves Besides this he knew a Law without that the Parliament in Cases of this Nature had Potestatem vitae necis Nay he well knew that he offended the Promulged and Ordinary Rules of Law Crimes against Law have been Proved have been Confessed so that the Question is not De culpa sed de poena What degree of Punishment those Faults deserve We must differ from him in Opinion That twenty Felonies cannot make a Treason if it be meant of equallity in the use of the Legislative Power for he that deserves death for one of these Felonies alone deserves a Death more Painful and more Ignominious for all together Every Felony is punished with loss of Life Lands and Goods a Felony may be aggravated with those Circumstances as that the Parliament with good reason may add to the Circumstances of Punishment as was done in the Case of Iohn Hall in the Parliament of the 1 H. 4. who for a Barbarous Murder committed upon the Duke of Glocester Stifling him between two Feather-Beds at Calice was Adjudged to be Hanged Drawn and Quartered Batteries by Law are only punishable by Fine and single Damages to the Party Wounded In the Parliament held in 1 H. 4. Cap. 6. one Savage committed a Battery upon one Chedder Servant to Sir Iohn Brooke a Knight of the Parliament for Somersetshire It 's there Enacted that he shall pay double Damages and stand Convicted if he render not himself by such a time The manner of proceedings quickned and the penalty doubled the Circumstances were considered it concerned the Common-Wealth it was a Battery with Breach of Priviledge of Parliament This made a perpetual Act no warning to the first Offender and in the Kings Bench as appears by the Book-Case of 9 H. 4. the first leaf Double Damages were recovered My Lords in this of the Bill the Offence is High and General against the King and the Common-wealth against all and the best of all If every Felony be loss of Life Lands and Goods What is Misuser of the Legislative Power by Addition of Ignominy in the Death and Disposal of the Lands to the Crown the Publick Patrimony of the Kingdom But it was hoped that your Lordships had no more skill in the Art of killing Men then your worthy Ancestors My Lords this Appeal from your selves to your Ancestors we do admit of although we do not admit of that from your Lordships to the Peers of Ireland He hath appealed to them your Lordships will be pleased to hear what Judgment they have already given in the case that is the several Attainders of Treason in Parliament after the Statute of 25 E. 3. for Treasons not mentioned nor within that Statute and those upon the first Offenders without warning given By the Statute of 25 E. 3. it 's Treason to levy War against the King Gomines and Weston afterwards in Parliament in the 1 R. 2. n. 38 39 adjudged Traytors for surrendring two several Castles in France only out of fear without any Compliance with the Enemy this not within the Statute of 25th E. 3. My Lords In the 3 d of Rich. 2d. Iohn Imperiall that came into England upon Letters of Safe Conduct as an Agent for the State of Genoa sitting in the evening before his door in Breadstreet as the words of the Records are Paulo ante ignitegium Iohn Kirkby and another Citizen coming that way Casually Kirkby troad upon his Toe it being twilight this grew to a Quarrel and the Ambassador was slain Kirkby was Indicted of High-Treason the Indictment finds all this and that it was only done se defendendo and without malice The Judges it being out of the Statute 25 E. 3. could not proceed the Parliament declared it Treason and Judgment afterwards of High-Treason there 's nothing can bring this within the Statute of 25 E. 3. but it concerns the Honor of the Nation that the Publick Faith should be strictly kept It might endanger the Traffique of the Kingdom they made not a Law first they made the first man an Example this is in the Parliament-Roll 3 R. 2. Number 18. and Hillary Terme 3 R. 2. Rot. 31. in the Kings-Bench where Judgment is given against him In 11 R. 2. Tresilian and some others attainted of Treason for delivering Opinions in the Subversion of the Law and some others for plotting the like My Lords the Case hath upon another occasion been opened to your Lordships only this is observable that in the Parliament of the first year of Henry the Third where all Treasons are again reduced to the Statute of 25 E. 3. These Attainders were by a particular Act confirmed and made good that the memory thereof might be transmitted to succeeding Ages they stand good unto this day the offences there as here were the endeavouring the Subversion of the Laws My Lords after the 1 H. 4. Sir Iohn Mortimer being committed to the Tower upon suspition of Treason brake Prison and made his escape This no way within any Statute or any former Judgment at Common-Law for this that is for breaking the Prison only and no other cause in the Parliament held the second year of Henry the Sixth he was attainted of High-Treason by Bill My Lords Poysoning is only Murder yet one Richard Cooke having put Poyson into a Pot of Pottage in the Kitchin of the Bishop of Rochester whereof two persons dyed he 's Attainted of Treason and it was Enacted that he should be Boyled to Death by the Statute of 22 H. 8. c. 9. By the Statute of the 25 H. 8. Elizabeth Barton the Holy Maid of Kent for pretending Revelations from God That God was highly displeased with the King for being Divorced from the Lady Katherine and that in case he persisted in the Separation and should Marry another that he would not continue King not above one Moneth after because this tended to the depriving of the lawful Succession to the Crown she is Attainted of Treason My Lords all these Attainders for ought I know are in force at this day The Statutes of the First year of Henry the 4 th and the First of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferiour Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative power had been exercised There 's nothing in them whence it can be gathered but that they intended to leave it as free for the future My Lords In all these Attainders there were Crimes and Offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Lawes
and Statutes made by these our Ancestors they are the Rules we go by in other Cases Why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships Upon the Close of Mr. St. Iohns Speech the House Adjourned nor was there one word spoken but by Master St. Iohns onely the Lord Lieutenant used the last part of his Rhetorick and by a dumb Eloquence Manibus ad sydera tensis often holding up his hands towards Heaven all along Mr. St. Iohns Speech made his Replies with a deep silence Upon Fryday April the 30th he Petitioned the Lords to be heard again alleadging That his Lawyers had not fully spoken at their last meeting but this was denyed him because the House of Commons were to have the last Speech nor were they content to speak again The following SPEECH of Mr. Glyns is by a Mistake Misplaced for it ought to be next to my Lords Summary of the Evidence Mr. GLYN'S REPLY TO THE Earl of Strafford's DEFENCE My Lord of Strafford having concluded the Recapitulation of his Evidence Mr. Glyn applyed himself to their Lordships in manner following May it please your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any we shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Laws of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hath made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships looking upon your Notes and observing his recollection that he hath used the repetition of Evidence on both sides in such manner as you know who useth Scripture that is to cite as much as makes for his purpose and leave out the rest And likewise that in repetition of the Evidence he hath mis-recited plainly very much of the proofs on both sides and likewise hath pretended some proofs to be for his Defence which indeed were not and he hath taken this farther advantage when it makes for his Defence he hath disjoynted the Proofs and Testimonies and severed them asunder that it might appear to your Lordships like Rain falling in drops which considered in distinct drops bring no horror or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the face of the earth He would not have your Lordships look on those Testimonies together but distinctly and asunder which being put together look horrid as will appear to your Lordships when you duly consider of them These be the general observations which in my Answer I doubt not but to make good But before I shall enter into observations of what he hath spoken I shall answer in general to some things which he hath in general alledged In the first place he hath made a flourish this day and several other days in the way of his Defence That if he could have had longer time he could have made things appear clearer and have produced more proofs Give me leave to inform your Lordships that he is no way streightned of time for he hath been charged above three months since he knew what was laid to his Charge and therefore his pretence of want of time and of his disabilities to make better proofs are but flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though he fetched it from Ireland there is not one wanting he hath copies of Papers from the Council-Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that flourish that if he had had time he could have made it more clear My Lords He hath mentioned often this day and oftner the days before That many of the Articles laid to his charge are proved but by one Witness and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for High Treason without two witnesses My Lords This is a fallacy known to his own breast I doubt not and not taught him by any of his Counsel or others Learned The Treason laid to his charge is The subverting of the Laws the Evidence is the Article proved and though some one Article appears to be proved but by one yet put the Evidence together you shall never find it to be within the words or meaning of the Statute for the Charge is proved by a hundred Witnesses and because one part of the Evidence is proved only by one Witness since when you put them together you will find a hundred Witnesses it is not within the words nor meaning of the Statute neither will his Counsel direct him to say so I am confident My Lords another observation I shall be bold to make is that he was pleased to cast an aspersion as we must apprehend upon them that are trusted by the House of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved He might have pleased to have spared that language we stand here to justify our selves that we do not use to express any language
what the effect of the Warrant is sworn to be that howsoever the Sergeant at Arms and his Ministers that executed it brought but four or six or ten yet the Sergeant might have brought all the Army of Ireland for there was authority so to do And admitting the matter of Fact proved he mentions an Act of Parliament made 11 Eliz. whereby a penalty is laid upon men that shall lay Soldiers on the Kings Subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords The very casting of an eye upon that Act shews it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the Command of an Army in Ireland and therefore I may turn them upon the bowels of the Kings Subjects It is no more in effect Your Lordships heard him the other day mentioning two Acts of Repeal and I expected he would have insisted upon them but it seems he hath been better advised and thinks them not worthy repetition nor indeed are they And if the matter of Fact be proved upon the Fifteenth Article I am confident he will find the Statute of 18 H. 6. to be of ful force My Lords I am very sorry to hear that when levying of War upon the Kings Subjects is in agitation and he charged with High Treason he should make mention of the Yorkshire men and the Army now on foot whereby he would insinuate that if he be charged with High Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill blood for ought I know From the Fifteenth Article he descends to the three and twentieth and that is the Article whereby he stands charged with speaking of Words and giving of Counsel to His Majesty to incense him against His Parliament pretending a necessity and telling him he is loose and absolved from all rules of Government that he had an Army in Ireland which he might make use of to reduce this kingdom In this he is pleased to begin with the Testimony of my Lord Ranelagh conceiving an apprehension and fear in him that the Army should go over to England which my Lord says is no more but his saying and Mr. Treasurer Vane ' s. I pray God my Lord Ranelagh had not much cause to fear but by the same rule he may lay a charge of unwarrantable fear upon all the Commons for sure the Commons of England did fear it else they would not make an Article of it but my Lord Ranelagh's fear did not arise from a slight cause and he shewed himself a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single Testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shews to three or four Articles what he could have proved as to the Article concerning the Army he could have proved the design of it by Sir John Burlacy and some others if they had been here But by this rule and liberty he hath taken to alledge what he could have shown give me leave to tell you what we might have shown and are ready to show we could have made it express and proved it by Notes taken by Secretary Vane the 5th of May when the words were spoken which Notes should have been proved if we had proceeded on the Three and twentieth Article to corroborate the Testimony of Mr. Secretary Vane and that by two Witnesses We could likewise have shown how we came to the knowledge of it it being by means unknown to Mr. Secretary Vane and have made him an upright Counsellor and Witness but we shall prove his intentions to bring in the Irish Army another way when I come to open my own course and method My Lords he pretends these words were spoken the 5th of May but when they were testified by Mr. Treasurer he did not speak of the 5th of May and yet now my Lord remembers the day and I wonder how he came to the knowledge of the day unless he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a month after This my Lords is plainly answered and if he had thought of his own answer he had answered himself for he tels you That in April before he had taken a course for the levying of the Army he had nominated the Officers giving direction for raising it and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the seven and twentieth Article whereby he stands charged with Levying Money by force upon the Kings people in Yorkshire he is pleased to observe that all the proofe for the maintenance of that Article is only the levying of Money by four Soldiers by Sergeant-Major Yaworth where he is pleased to disdain the War because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the Warrant was not from him I shall reserve that till I come to the Article and when I come to the proofs I believe it will remain fixed upon him And there he left his Statute-Treason and now he falls to the second kind of Treason and that was the introductive or constructive Treason He begins with the third Article that is concerning some words that he should be charged to have spoken in Ireland and I shall desire that your Lordships would be pleased to look upon your Notes how he answers that Article My Lords says he I am charged to say that Ireland was a conquered Nation and that their Charters were nothing worth and bind the King no further than he pleaseth therefore I am a Traitor because I speak the Truth There was his Answer in his Collection And for their Charters he sayes he might very well say so for he intended it no otherwise but according to the validity of them for they were several ways questionable and ought not to bind unless they were good in Law But if you look upon his Arguments he hath like a cunning Orator omitted the principal part of the Article and that is That Ireland is a conquered Nation and they were to be governed as the King pleaseth the King might do with them what he list this he omits although they be proved by three witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the
rest like your Lordships know whom Then he descends to the fourth Article and this concerns some words he should speak upon an occasion betwixt him and my Lord of Cork that he should tell my Lord of Cork He would have neither Law nor Lawyers dispute or question his Orders And upon another occasion That he would make my Lord of Cork and all Ireland know that all Acts of State which are Acts of Council there made or to be made should be as binding as any Act of Parliament This he said was proved but by one witness and I extreamly marvel to hear him say so for the latter words we proved by four or five or six witnesses that is That he would have Acts of State as binding as Acts of Parliament Whereas he sayes these are all the words produced against him in the time of seven years Government there your Lordships have heard of many words and if we would trouble your Lordships further in this kind we could prove such words spoken as often almost as he remained dayes in Ireland that is for the mis-recital The other part two witnesses proved but the residue That they must expect Law from the King as a Conqueror That Acts of State should be equal to Acts of Parliament and when an Act of Parliament would not pass he would make it good by an Act of State these speeches at other times were proved by five witnesses Then he falls back to the second Article touching the words That the Kings little finger should be heavier than the loins of the Law My Lords These words were proved expresly by five witnesses to be by him spoken and if he had produced five hundred that had said he did not speak them they had not been equivalent to disprove five but he produces none Sir William Penniman repeats other words and inverts them and none but he Another party a Minister reports a report that he heard concerning these words but my Lord he saith the occasion of the speaking of them was not mentioned Truly perhaps it might be the forgetfulness of my Lords memory but let me put him in mind and your Lordships remember that the occasion was exprest by one and that is Sir David Fowles that he laying a command upon Sir David to repair a Bridge and calling him to an account why it was not repaired Sir David Fowles told him he could not do it by Law And therefore omitting it my Lord said to him Sir some are all for Law and Lawyers but you shall know that the Kings little finger will be heavier than the loins of the Law Here is the occasion though he would have another business the knighting Money to be the occasion From the second he falls to the three and twentieth Article that is concerning words that he should counsel His Majesty that he might use His Prerogative as he pleased but in saying there was no proof offered he here begins to fall upon the other fallacy that is to pull things asunder whereas we produce them together and would make that which is a Fagot to be but a single Stick but under favour when I come with your Lordships patience to open the force of the proofs and put them together he shall find contrary to his expectation that they are fully proved by the testimony of many witnesses upon consideration of the precedent concurrent and subsequent Acts and Intentions of my Lord of Strafford I shall not now run over my Lord Primates testimony or my Lord Conwayes or master Treasurers or my Lord of Bristols but make use of them in their proper places when I shall put all together to shew his design and to prove his speaking of the words Then he comes to the five and twentieth Article which I shall not insist on though he pretends it not proved I shall refer that to my recollection that I may not answer to his pieces but bring all together and then the horror of his Fact shall more speciously appear Only this under favour I cannot pass over when he comes to justify an Advice and Counsel of the Kings being loose and absolved from all rules of Government and that he might use his Prerogative as he pleases he is pleased to mention the Argument of the Judges in the Ship-money and what they should deliver he makes the Warrant of his Counsel Now your Lordships may observe he would justify his actions by Law in some cases where it is to his advantage but in other cases he must be ignorant of the Law But my Lords for him to mention any thing in the Argument of the Judges concerning the Ship-money which is now cendemned and to make that a ground of his Counsel and advice to the King and not the judgement in truth but the Argument of the Counsel at Bar that therefore he is loose and absolved from all rule of Government for him to make the Parliaments deferring to give supply to be that necessity which was insisted upon in the Counsels Argument and to be such an unavoidable necessity as to beget an Invasion upon Propriety and Liberty it rests in your Judgements and the judgements of all that hear me what argument this is and what he declares his opinion to be this day In the latter part let me close hands and agree with him he sayes Proofs must be taken by themselves they must not be judged by pieces but together and now in good time I shall joyn with him and shall desire the same judgement that things may not be taken asunder but judged together according to his own words For the twentieth Article he is thereby charged with being an Incendiary between both Nations and an occasion of drawing two Armies into this Kingdom and to incense the War My Lords I remember if I did not mis-conceive and my memory misprompt me my Lord said He could have no occasion to incense a War being a man of an Estate and should have no benefit by it having sufficient to live without it but in due time I shall make it appear to my apprehension and I believe to your Lordships when you have heard it that the incensing of this War and provoking of it was the principal instrument of bringing to pass his design of subverting the Laws through the whole work of it My Lords in the passage of this he takes occasion to speak of the testimony of Mr. Secretary Vane who testifies That my Lord was for an offensive and himself for a defensive War Whence my Lord argues here is no great difference for both were for a War But my Lord Is there no difference between an offensive and defensive War in case of Subjects that live under one King is there no difference to bring an Army to offend them and for the King to raise a force to defend himself truly I think there is a great difference and a very material one too but your Lordships see he makes no difference between them My Lords
the Subject but then he goes into Ireland and as his authority increases so he ampliates his design and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principal City of Ireland presented the Mayor upon a solemn Speech and Discourse concerning the Laws and Liberties as your Lordships know that is the subject matter of a Speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordship observe the words he then used They were a conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the Kings pleasure I am to seek if I were to express an Arbitrary Power and Tyrannical Government how to express it in finer words and more significant terms than these That the people shall be governed at the Kings Will that their Charters the sinews and ligatures of their Liberties Lands and Estates should be nothing worth and bind no longer than the Kings pleasure especially being spoken upon such an occasion and the words proved by two or three Witnesses of credit and quality From thence we descend to Articles that shew the execution of his purpose There are three things a man enjoys by the protection of the Law that is his Life his Liberty and his Estate And now my Lords observe how he invades and exercises a Tyrannical Jurisdiction and Arbitrary Government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peer of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoeve he pretends himself not to be a Judge in the cause yet how far he was an Abettor and Procurer and Countenancer and drawer on of that Sentence your Lordships very well remember he was sentenced to death without Law for speaking words at a private Table God knows of no manner of consequence in the world concerning the treading upon my Lord of Strafford ' s Toe the Sentence procured seven months after the words spoken and contrary to Law and himself being put in mind of it my Lord Mountnorris desiring to have the benefit of the Law and yet he refusing it And then it was in time of Peace when all the Courts of Justice were open and to sentence a man to death of that quality my Lord of Strafford himself being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends His Authority by a Letter from His Majesty I shall in due time give a full answer to that so that it shall rise up in judgement against him to aggravate his offence and that in a great measure Here he exercises a Power over Life his excuse was That he procured a Pardon from my Lord Mountnorris but the Power was exercised and the Tyranny appeared to be the more He would first sentence him to death and then rejoyce in his Power that he might say There remains no more but my command to the Provost Marshal to do execution To exercise a power over his life and to abuse him afterwards is very high but no thanks to him that the sentence of death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in this thoughts that he might hang the Kings Subjects when he would and then get a Pardon of course for it The Lord bless me from his jurisdiction My Lords give me leave to goe back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee divolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's inheritance and that which he ought to enjoy he tels him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was in my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord Deputy my Lord Deputy himself judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a mans private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article we produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgement against him but I had not mentioned it now if he had not mentioned it
to fix this offence to fasten this oppression upon the King himself to make it to be believed that the occasion of these their groans proceeded from His Sacred Majesty yet God be thanked the strength of that Sun is powerful enough to dispel these vapours and to disperse the cloud that he would have raised but in the mean time my Lord is nothing to be excused My Lords he may pretend zeal to the Kings Service and affection to His Honor but give me leave not to believe it since when he is questioned by all the Kings people and in the face of his people and offences laid to his charge which himself now confesses to be against Law he should justify it under the Kings authority that savours not of a good servant I will say no more My Lords he is charged with exercising a tyrannical power over the Kings people and in his Defence your Lordships have often heard and I may not omit it that he shelters himself under the protection of the Kings Prerogative though he be charged with Tyranny of the highest nature that may be see then how foul and malignant an aspect this hath My Lords what is it else but to endeavour as much as in him lies to infuse into the Kings heart an apprehension that His Prerogative is so bottomless a Gulf so unlimited a Power as is not to be comprehended within the rules of Law or within the bounds of Government for else why should he mention the Prerogative when he is charged to exceed the Law What is it else but as far as in him lies to make the people believe for I may not forget the words he hath used by his magnifying of the Prerogative that it hath a special stamp of Divinity on it and that the other part of the Government that God pleases to put into the Kings hands had not that stamp upon it as if any thing done by one was to be justified by authority derived from Heaven but the other not These expressions your Lordships remember and I may not omit to put your Lordships in mind of them and I can expound them no otherwise than as much as in him lies to make the subject believe and apprehend that which is the buckler and defence of his protection to be the two-edged sword of his destruction according to the Doctrine he Preached and that that which is the Sanctuary of their Liberty is the snare and engine of their slavery And thus he hath cast a bone of contention as much as in him lay betwixt King and People to make the Subjects loath that glorious Flower of his Crown by fixing a jealousie in them that it may be a means of their bondage and slavery But there is so much Piety and Goodness in the Kings heart that I hope upon fair understanding there will be no such occasion but no thanks to the party that so much advanced the Prerogative in the case and condition he stands in to justify that which is laid to his Charge of High Treason My Lords I beseech you give me leave there is no greater safety to Kings and People than to have the Throne incircled with good Counsellors and no greater danger to both than to have it encompassed with wicked and dangerous ones and yet I beseech you call to mind how he hath attempted to deprive the Subject of all means to discover this danger by insinuating to your Lordships what a dangerous thing it were if Counsellors should be called in question for giving of Counsel for who then saith he would be a Counsellor where is your safeguard where is the Kings service Is not this as much as in him lies to deprive the people of the means whereby they must make themselves happy and whereby the King must be happy that is by his having good Counsellors about him and yet he infuses that venom that the questioning of Counsellors is dangerous both to King and Peers if it should be brought into example My Lords for many years by-past your Lordships know an evil spirit hath moved amongst us which in truth hath been made the Author and ground of all our distractions and that is necessity and danger this was the bulwarke and the battery that serves to defend all exorbitant actions the ground and foundation of that great invasion of our Liberties and Estates the judgement in the Ship-money and the ground of the Counsel given of late to do any thing and to perswade the King that he was absolved from all rules of Government and yet your Lordships have observed in the course of his defence how often he hath raised this spirit that God be thanked hath been laid to the great comfort of King and Kingdom by your Lordships and all the Commons in Parliament And when he stands under this question and goes about to justify his exorbitant actions how often hath he created this Idol again and therefore I am afraid he discovers too much his own heart in it My Lords I may not omit some other passages in his Defence How he hath cast scandals upon three Nations in this place that is in his first day of Defence when the Irish Remonstrance made by all the Commons of Ireland was produced by the Commons of England he expressed in a passion that things were carried against him by faction and correspondence and if he had time he would make it appear with a strong conspiracy Here is a scandal cast upon the Parliament of Ireland with a reflection on the Commons of England howsoever it is true your Lordships may remember the recantation he made that day which I will not omit desiring not to lay any thing to his charge but what is true but it is the reflection of a scandal that I cannot omit to put your Lordships in mind of and the rather because this Remonstrance presented from the Parliament of Ireland did bear date before my Lord of Strafford was charged here which is very remarkable viz. the 7th of November and therefore though he pretends a correspondence certainly there could be none then for he is not charged here till the Tenth And the same day justifying a Sentence in the Castle-Chamber your Lordships remember he affirmed that unless a strict hand were kept upon the Nation there they would find it hard to prevent perjury one of the most crying sins in Ireland Now to lay an aspersion upon the Subjects of Ireland being under the Government of the same King with us how fit this is to be done by a man in that condition that my Lord of Strafford is I referr to your consideration Another passage I remember whereby in his Defence he fell upon that Nation in answer of which I may not omit to do the service I owe to the Commons for whom I am trusted and that is that talking of an Arbitrary and Tyrannical Government in reference to some Orders of the Commons-House in Ireland he used words to this purpose You
talk of an Arbitrary Government look upon these Orders here is an Arbitrary Government and yet when he produced the Orders they appeared to have so much justice and discretion in them that he can lay nothing to the charge of them though in a passion he is not backward to asperse them My Lords If this Lyon to use his own language now that he is chained and muzled under the restraint and question of High Treason will here take the boldness to vent this Language and express this Malignity How would he doe if he were unchained How would he devour How would he destroy c. My Lords Something concerns your Lordships your Lordships remember that he was not backward in his own answer to fix a Charge of High Treason upon the Lords of the Great Council and howsoever he hath affirmed this day I must open it again That the Charge of the Seven and twentieth Article he fixes in his Answer to be by consent of the Lords of the Great Council though he hath since recanted it and yet you have heard him alledge that he will stand and fall by the truth of his answer My Lords I am now at an end You have my Lord of Strafford here questioned for High Treason for going about to subvert the Fundamental Laws of both Kingdoms in defence whereof your noble Ancestors spent their Lives and Bloods My Lords you are the Sons of those Fathers and the same Blood runs in your veins that did in theirs and I am confident you will not think him fit to live that goes about to destroy that which protects your Lives and preserves your Estates and Liberties My Lords You have the complaints of Three Kingdoms presented before you against this great person whereby your Lordships perceive that a great storm of distemper and distraction hath been raised that threatens the ruine and distraction of them all The Commons with much pain and diligence and to their great expence have discovered the Ionas that is the occasion of this Tempest They have still and will discharge their Consciences as much as in them lies to cast him out of the Ship and allay this Tempest They expect and are confident your Lordships will perfect the work and that with expedition lest with the continuance of the storm both Ship and Tackling and Mariners both Church and Common-wealth be ruined and destroyed Saturday May 1. 1640. The King came to the House of Lords and sent for the Commons thither and made this Speech to both Houses I Had not any intention to speak of this business which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this THAT in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publique Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfy justice and your own fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you that to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chaulk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons as soon a they returned seemed to be much discontented with what the King had spoken and immediately Adjourned till Monday following on which day being the Third of May Mr. Pim makes known to the House that there are divers Informations given of desperate Designs both at home and abroad against the Parliament and the Peace of the Nation and that the persons engaged in it are under an oath of Secresie that there is an endeavour to disaffect the Army not only against the proceedings of the Parliament but to bring them up against the Parliament That there is a design upon the Tower that there is an endeavour for the Earl of Strafford to escape That those Combinations at home have a Correspondency with practises abroad and that the French are drawing down their Forces in all hast to the Sea-side and that there is cause to fear their intent is upon Portsmouth That divers persons of Eminency about the King as by good Information appears are deeply ingaged in the Plot That it is necessary the Ports be stopt and that His Majesty be desired to Command that no person attending upon the King Queen or Prince do depart without leave of His Majesty with the humble Advice of His Parliament The Commons hereupon fell into serious debate of this matter and the same day came to a Resolution of taking a Protestation which was accordingly taken by the Speaker and about 300 Members then present Man by Man WE the Knights Citizens and Burgesses of the Commons-House in
yet by his Speeches full of Oaths and Asseverations that we were Traitors and Rebels casting off all Monarchical Government c. He extorted from them four new Subsidies indicta causa before we were heard procured that a War was undertaken and Forces should be levied against us as a rebellious Nation which was also intended to be an example and precedent to the Parliament of England for granting Subsidies and sending a joynt Army for our utter ruine According to his appointment in Parliament the Army was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion Liberties and Laws and thereby laying upon us a necessity of vast charges to keep Forces on foot on the West Coast to wait upon his coming And as the War was denounced and Forces levied before we were heard So before the denouncing of the War our Ships and Goods on the Irish coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts by which they did take some and burn others of our Barques Having thus incited the Kingdom of Ireland and put his Forces in order there against us with all hast he cometh to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I return to that Honourable Sword I shall leave of the Scots neither root nor branch How soon he cometh to Court as before he had done very evil Office against our Commissioners clearing our proceedings before the point So now he useth all means to stir up the King and Parliament against us and to move them to a present War according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designs succeeded not that way in his nimbleness he taketh another course that the Parliament of England may be broken up and despising their Wisdom and Authority not only with great gladness accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as General Captain with power to invade kill slay and save at his discretion and to make any one or more Deputies in his stead to do and execute all the Power and Authorities committed to him According to the largeness of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their Declarations sent before them were coming in a peaceable way far from any intention to invade any of His Majesties Subjects and still to supplicate His Majesty for a setled Peace he gave order to his Officers to fight with them on the way that the two Nations once entred in Blood whatsoever should be the success he might escape Trial and censure and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms When the Kings Majesty was again enclined to hearken to our Petitions and to compose our differences in a peaceable way and the Peers of England convened at York had as before in their great wisdom and faithfulness given unto His Majesty Counsels of Peace yet this Firebrand still smoaketh and in that Honourable Assembly taketh upon him to breath out threatenings against us as Traitors and enemies to Monarchical Government and threatened that we be sent home home again in our blood and he will whip us out of England And as these were his Speeches in the time of the Treaty appointed by His Majesty at Rippon that if it had been possible it might have been broken up So when a cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for War his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to pass that the Ports of Ireland are yet closed our Countreymen for the Oath still kept in Prison Traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiary upon these and the like offences not against particular persons but against Kingdoms and Nations may be put to a Tryal and from their known and renowned Justice may have his deserved punishment THis Noble Earl was in person of a tall stature something inclining to stooping in his Shoulders his Hair black and thick which he wore short his countenance of a grave well composed Symetry and good Features only in his Forehead he exprest more Severity than Affability yet a very courteous Person And as he went from the Tower to the Scaffold his Countenance was in a Mild posture between dejection in contrition for Sin and a high Courage without perceiving the least affection of disguise in him He saluted the People as he walked on foot from the Tower to the Scaffold often putting off his Hat unto them sometimes to the right and sometimes to the left hand being apparelled in a Black cloth Suit having White Gloves on his Hands And tho at this time there were gathered together on the great open place on Tower-Hill where the Scaffold stood a numerous croud of people standing as thick as they could by one another over all that great Hill insomuch as by the modest computation they could not be esteemed to be less than 100000 people yet as he went to the Scaffold they uttered no reproachful or reflecting Language upon him He had Three Wives the First the Lady Margaret Clifford Sister to the Earl of Cumberland who left no issue The Second the Lady Arabella Hollis Sister to the Earl of Clare who left him his only Son William now Earl of Strafford and Two Daughters The Third Wife was Daughter to Sir Francis Rhodes of Yorkshire by whom he had one Daughter an Infant at the time of his death On the First of December in the 17th year of the Kings Reign by His Majesties Letters Patents his Son William was restored to all his Fathers Dignities and Titles and was made Knight of the most Noble Order of the Garter having doubled his Paternal Glorys and his own by marrying the worthy Daughter of two incomparable Parents Henrietta Maria the Daughter of Iames Earl of Darby and Charlotte Daughter of Claude Duke de Temoille and Charlotte of Nassaw Daughter to William Prince of Orange A brief Account of his Secretary Slingsby MR. Slingsby his Secretary after the death of this Noble Lord presently left the Kingdom and was received beyond the Seas into the Queens favour and by Her
any clear Law guilty of death that I never did bear any touch of Conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and Men as an act of so sinful frailty that it discovered more a fear of man than of God whose Name and Place on Earth no man is worthy to bear who will avoid inconveniencies of State by Acts of so high injustice as no publique convenience can expiate or compensate I see it a bad exchange to wound a mans own conscience thereby to salve State sores to calm the storms of popular discontents by stirring up a Tempest in a mans own bosom Nor hath Gods Justice failed in the event and sad consequences to shew the world the fallacy of that Maxim Better one man perish though unjustly than the people be displeased or destroyed For in all likelyhood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Straffords innoncency at least by denying to Sign that destructive Bill according to that justice which my Conscience suggested to me then I have done since I gratified some mens unthankful importunities with so cruel a favour and I have observed that those who counsell'd me to Sign that Bill have been so far from receiving the rewards of such ingratiatings with the people that no men have been harassed and crushed more than they he only hath been least vexed by them who counselled me not to consent against the Vote of my own Conscience I hope God hath forgiven me and them the sinful rashness of that business To which being in my Soul so fully conscious those Judgments God hath pleased to send upon me are so much the more welcome as a means I hope which his mercy hath sanctified so to me as to make me repent of that unjust Act for so it was to me and for the future to teach me that the best rule of policy is to preferr the doing of Justice before all enjoyments and the peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Straffords business Not that I resolved to have employed him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltlesness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Ld. of Straffords Greatness and Power yet unsatisfied of his Guilt in Law durst not condemn him to dye who for their integrity in their Votes were by posting their Names exposed to the popular Calumny Hatred and Fury which grew then so exorbitant in their clamors for Iustice That is to have both my Self and the Two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in shedding one mans Bloud unjustly though under the colour and formalities of Justice and pretences of avoiding publique mischiefs which may I hope be some Evidence before God and Man to all posterity that I am far from bearing justly the vast Load and Guilt of all that Blood which hath been shed in this unhappy War which some Men will needs charge upon me to ease their own Souls who am and ever shall be more afraid to take away any mans Life unjustly than to lose my own An ACT for Reversing the Earl of Strafford's Attainder WHereas Thomas late Earl of Strafford was impeached of High-Treason upon pretence of endeavouring to subvert the Fundamental Laws and called to a publique and solemn Arraignment and Tryal before the Peers in Parliament where he made a particular Defence to every Article objected against him insomuch that the turbulent party then seeing no hopes to effect their unjust Designs by any ordinary way and method of proceedings did at last resolve to attempt the Destruction and Attainder of the said Earl by an Art of Parliament to be therefore purposely made to condemn him upon accumulative Treason none of the pretended crimes being Treason apart and so could not be in the whole if they had been proved as they were not and also adjudged him guilty of Constructive Treason that is of Levying War against the King though it was only the Commanding an Order of the Council-Board in Ireland to be executed by a Sergeant at Arms and three or four Soldiers which was the constant practice of the Deputies there for a long time To the which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition than they expected they caused a multitude of tumultuous persons to come down to Westminster armed with Swords and Staves and to fill both the Palace-yards and all the approaches to both Houses of Parliament with Fury and Clamor and to require Justice speedy Justice against the Earl of Strafford and having by those and other undue practices obtained that Bill to pass the House of Commons they caused the Names of those resolute Gentlemen who in a Case of innocent Blood had freely discharged their Consciences being Fifty nine to be posted up in several places about the Citys of London and Westminster and stiled them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the People whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Peers where it having some time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested a gainst it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majestys
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8
Straffords Defence Lord Cottington a Witness E. of Strafford Lord Cottington a Witness E. of Strafford Lord Cottington a Witness Sir Arthur Ingram a Witness E. of Strafford E. of Strafford Lord Dillon a Witness E. of Strafford Mr. Maynard's Reply Article XII Charge Mr. Maynard Proclamation Proclamation Mr. Maynard Mr. Crosby Witness Mr. Maynard Mr. Allen. Winness Mr. Welsh Witness Mr. Gough Witness Patrick Gough Witness E. of Strafford Mr. Maynard Mr. Glyn. Mr. Blunkett Witness E. of Strafford Mr. Glyn. Mr. Crosby Mr. Maynard Mr. Maynard Mr. Gibson Mr. Slings by E. of Strafford Lord Robert Dillon E. of Strafford Mr. Gibson Mr. Maynard Mr. Gibson Article XIII Charge Benjamin Croky Witness Sir Iohn Clotworthy Witness E. of Strafford L. Rainalaugh Sir Iohn Clotworthy Witness L. Rainalaugh Witness Mr. Gough Witness Mr. Firzgarret Witness Mr. Maynard Mr. Maynard Mr. Glyn. Article XV. Charge Mr. Palmer Mr. Savill Witness Mr. Glyn. Mr. Savill Mr. Palmer Mr. Savill Mr. Maynard L. Strafford Mr. Palmer Mr. Pym. Mr. Savill Witness Mr. Palmer L. Steward Mr. Palmer Mr. Savill Gough Witness Richard Welsh Witness Patrick Cleare Witness Nicholas Ardah Witness Berne Witness Mr. Palmer Mr. Maynard Mr. Kennedy Mr. Palmer Mr. Little Witness Mr. Palmer Mr. Maynard Lord Strafford Lord Rana laugh Mr. Palmer Mr. Palmer E. of Strafford Defence Lord Dillon Mr. Palmer E. of Strafford Lord Dillon Tyrringham Conley Witness Henry Dillon Tyrringham Ranailaugh Strafford Palmer E. of Strafford E. of Strafford Mr. Palmer Mr. Pym. Mr. Palmer E. of Strafford Ardah Witness Savill Witness Dillon Witness E. of Strafford Mr. Palmer Reply Sir Arthur Tyrringham Article XVI Charge Iohn Loftus Witness Wade Witness Lorky Witness Richard Wade Witness Mr. Palmer Lord Roche Witness E. of Strafford Nash Witness Parry Witness E. of Strafford Mr. Palmer Afterwards His Majesties Attorney-General Linch Witness Fitz-gerard Witness Mr. Palmer E. of Strafford E. of Strafford Mr. Riley Witness Mr. Maynard Mr. Ralton E. of Strafford Mr. Gibson Dillon Wit ness Mr. Maynard Mr. Maynard E. of Strafford Mr. Wether inge Ralton E. of Strafford Slingsby Witness Little Witness E. of Strafford Mr. Palmers Reply Mr. Palmer Torky Witness E. of Strafford E. of Strafford Richard Wade Witness Patrick Gough Witness Mr. Glyn. Article XIX Charge Mr. Maynard Mr. Maxwel Mr. Whitlock Sir Iohn Clotworthy Witness Mr. Whitlock Mr. Salmon Witness Iohn Loftus Witness Mr. Whitlock Defence E. of Strafford Robert Lord Dillon Witness Manwaring Sir Adam Loftus Witness Maynard Whitlock E. of Strafford Mr. Slingsby Witness Trueman Witness Little Witness Ralton Sir Philip Manwaring Witness Robert Lord Dillon Witness Sir Adam Loftus Witness Sir Philip Manwaring Witness Whitlock's Reply Mr. Whitlock Mr. Maynard Stroud E. of Strafford Stroud E. of Strafford Article XX. Charge Article XXI Charge Article XXII Charge Artic. XXIII Charge Art XXIV Charge L. High Steward Whitlock E. of Strafford Whitlock Maynard L. H. Steward Mr. Whitlock E. of Strafford Mr. Maynard E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Traquair Mr. Whitlock E. of Traquair Mr. Palmer Mr. Maynard E. of Strafford E. of Traquair E. of Strafford L. Digby Mr. Glyn. E. of Strafford Mr. Glyn. E. of Traquair Mr. Whitlock E. of Strafford Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Strafford L. H. Steward E. of Morton Mr. Whitlock Mr. Whitlock E. of Traquair Witness Mr. Glyn. Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Strafford Mr. Whitlock E. of Northumberland Witness Bish. of London Witness Mr. Barnewell Witness Mr. Whitlock Archbishop of Armagh Witness L. Conway Witness Sir Henry Vane Witness Mr. Whitlock Sir Ro. King Witness L. Ranalaugh Witness L. Ranalaugh Witness Mr. Whitlock Mr. Maynard Sir Thomas Barrington Witness King Witness Ranalaugh Witness Mr. Whitlock Sir Tho. German Witness E. of Bristol Witness E. of Holland Witness Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Clare L. H. Steward Mr. Maynard Mr. Whitlock E. of Strafford Mr. Glyn. E. of Strafford Slingsby Witness E. of Strafford Marquis Hamilton Witness Mr. Slingsby Witness Sir George Wentworth Mr. Maynard E. of Strafford L. Treasurer Witness Mr. Maynard L. Treasurer Witness L. Cottington Mr. Maynard L. Cottington Mr. Maynard L. Cottington Marq. Hamilton Witness E. of Strafford M. Hamilton L. Goring Witness Mr. German Witness Mr. Glyn. L. Treasurer L. Cottington E. of Strafford Mr. Whitlock's Reply L. Conway Mr. Maynard Mr. Maynard Mr. Glynn L. Cottington Mr. Glynn Mr. Pym. Artic. XXV Charge Mr. Maynard L. Treasurer Tho. Wiseman Witness Tho. Wiseman Witness E. of Berkshire Garaway Lord Mayor of London E. of Strafford Garaway Defence of the E. of Strafford Mr. Glyn. Art XXVI Charge Robert Edwards Witness Palmer Witness Mr. Maynard Mr. Maynard Mr. Henley Witness E. of Straffords Defence I. Cottington Witness Mr. Maynard Mr. Maynards Reply Mr. Whitlock Mr. Strowd Garaway Witness Mr. Glyn. Mr. Strowde Art XXVII Charge Mr. Maynard Sir Hugh Cholmeley Witness Sir Henry Cholmley Witness Hotham Witness Stapleton Witness L. Wharton Witness Pennyman 〈◊〉 Mr. Maynard Griffin Witness Lord Clare Mr. Glyn. Mr. Strickland Witness Burroughes Witness Cholmeley Witness Dowsen Witness Pierson Witness Ingram Witness Griffin Witness Cholmley Witness Mr. Maynard E. of Straffords Defence Neale Witness Osborne Witness Mr. Maynard Pennyman Witness E. of Strafford L. Wharton L. Wharton Pennyman Witness Mr. Maynard Mr. Glynn Mr. Maynard E. Strafford Pennyman Witness Savill Witness Pennyman Witness Osborne Witness Savill Witness Rhodes Witness Danby Witness Mr. Maynard Wentworth Witness E. of Strafford Strickland Witness Edw. Osborne Wil. Pennyman E. of Strafford Mr. Maynard Cholmeley Witness E. of Strafford Mr. Glyn. Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Maynard Mr. Glyn. Mr. Maynard Mr. Glyn. Object Answ. Object Answ. Owen ' s Case of Sandwich in Kent The House of Commons Adjourned upon this Speech of the Kings in some dissatisfaction May the 3. the Commons having a Plot discovered fall into the Debate thereof And the same day Resolve upon a Protestation The Preamble to the Protestation The Commons send a Message to the Lords concerning the Plot. And desire a Select Committee to take Examinations upon Oath And that no Servant of the King or Queens Majesty departs the Kingdom till they be examined And sent a Letter to the Army to assure them of the Parliaments care of them The Commons past several Resolves These Resolves and the Protestation commuicated to the Lords Mr. Hollis his Speech in a Message to the Lords about the Plot. Multitudes of people flock to Westminster crying Iustice Iustice c. The people assemble again in multitudes which the Lords communicate to the Commons at a Conference And communicates the Petition of the multitude as followeth Desiring Justice and Execution upon the Earl of Strafford To be secured against Plots And against a Garrison newly put into the Tower To make way forth Earl of Straffords escape The Lords send Six Peers to the Tower to inquire of this business The Lieutenant said he had His Majesties Command to receive 100 men The Lords at the Conference declared That the Tumults hindred their proceeding upon the Bill of Attainder The Lords took the Protestation And the multitudes departed A Bill for the continuance of the present Parliament twice read The Earl of Straffords Letter to the King A great Hubbub in the City Conspirators fled The Queen desigas to goe to Portsmouth Proclamation to call in the Conspirators A Letter to prevent the design to engage the Army against the Parliament sent to Sir Iacob Ashly and Sir Iohn Conyers The Plot consisted of thre heads Capt. Bilingsly his Examination that he had Orders to get 100 men into the Tower The Earl expostulates about his escape Examination of three Witnesses more as as to the Earls escape Col Gorings examination about the Plot. Mr. Peircy his better against the Plot. Father Philips his Letter against the Parliament Earl of Holland General of the Army Father Philips to be sent for He appears Several Votes against Ar. Peircy about the Plot. Barkley and O-Neal are fled Mr. Peircy charged with High Treason A Vote to vindicate Col. Goring Bill of Attainder and for continuance of the Parliament passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder To Press Mariners The King Judges and Bishops consult about Strafford The King gives Warrant for a Commission to give His Assent to the Bill for execution of the Earl of Strafford The Royal Assent given this day and the Bill passed The King consents that the Irish Army should be instantly disbanded Thanks returned to His Majesty The Earl of Strafford's Petition to the House of Peers The Bill of Attainder * This Proviso hath occasioned the common discourse and opinion that this Judgment against the Earl was Enacted never to be drawn into President The Kings Letter on behalf of the Earl of Strafford Twelve Lords sent to the King QueenMother The Earl of Strafford brought to the Scaffold His Speech His Majestys Propositions tothe House of Commons touching Supply See page in the First Part of Historical Collections The Charge of the Scotch Commissioners presented to the Parliament The description of his Person and Family Mr. Slingsby's Interment His Extraction and Education
above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom XXIV That in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and declared before others of His Majesties Privy-Council that the Parliament of England had forsaken the King and that in denying to supply the King they had given Him advantage to supply Himself by other ways and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such waies as He should hold fit and that He was not to suffer Himself to be mastered by the frowardness and undutifulness of the people And having so maliciously standered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Kéeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book entituled His Majesties Declaration of the Causes that moved Him to Dissolve the last Parliament full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons XXV That not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber and afterwards by his advice they were sued in Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his advice to the Council-Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the Names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these and the like Speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the héels and some of the Aldermen hanged up XXVI That the said Earl by his wicked Counsels having brought His Majesty into excessive Charge without any just cause he did in the month of July last for the support of the said great Charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London Owners of the said Bullion and Money came to his house to let him understand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their Occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them That the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise monies by force was a point worthy of his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant General of all His Majesties Forces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintenance of every Souldier of the Trained Bands of that County which sums of money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terrour to yield to the payment of the same he did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and and they that refused it were in very little better condition than of High Treason XXVIII That in the months of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of His Majesties Army he did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malitious desire to engage the Kindgoms of England and Scotland in a National and bloody War he did write to the Lord Conway the General of the Horse and under the said Earls Command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl that His Majesties Army then under his Command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray His Majesties Army then under his Command to apparent danger and loss All and every which words counsels and actions of the said Earl of Strafford were spoken given and done by him the said Earl of Strafford traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege-people of all His Realms from His Majesty and to set division between them and to ruine and destroy His Majesty and Majesties said Kingdoms for which they do further impeach him the said Thomas Earl of
the like case And he remembers too that it was given over Also that he was one of the Committee to take Information of the Reasons for it and against it and to report and further then that he medled not with it For the rest of the Charge in telling the City They dealt undutifully with His Majesty c. he conceives the Proofs are full in the Point and fuller then any thing of the Charge since the Trial began And it is true he did not at that time think the City had dealt thankfully with His Majesty they having received so many Favours from him and He residing amongst them should refuse the Loane of 100000 l. on good security given and it might very well be as he thinks he did at that time he might say so And if he spake it out of overmuch sence towards His Majesty and His Service surely he doth not conceive it to be any great Crime to say They dealt undutifully with the King But whatsoever it was he is sure he is ready to amend it and to be of another Opinion For he remembers very well and he thinks many of their Lordships will call it to mind that when upon the return of diverse Noble Persons to York he understood that the City of London had lent the King 200000 l. he then said That he was glad for his part extreamly glad of it and all that was past formerly was now fully satisfied as to him and he should be ready to serve them with his Life for it as long as he lived And this he spake in the Great Council of the Peers at York and that he would be as ready to serve the City of London as any poor Gentleman in the Kingdom and so he sayes again he will and if at that time or other time he was so sensible of the Service of His Master as not to think it well done of them to refuse so small a Curtesie and exprest something that might have been spared Men oftentimes offend with the Tongue when they offend not with the heart And he hopes this can be no such Bloody Crime it arguing him rather to be innocent from doing any great evil when words are so often charged on him rather than doing But there are some things not proved that perhaps will be mentioned because they be singly spoken of but not doubly proved The next Charge is a Letter that he should shew about the King of France appointing Officers to take Accompts and to view mens Books and that it might be an Example for us here Which words he doth absolutely deny He never spake them He never thought them And Mr. Palmer only speaks it But sayes the very words he cannot express and if he cannot the Defendant appeales to their Lordships whether he should be Condemned for words which cannot be exprest and he hopes it will be of very little force with their Lordships when it is so uncertainly delivered But however it is a single Testimony none of the other Witnesses testifying the words as he conceives Sir William Parkhurst denies expresly that he heard them Mr. Gogan is a single Testimony in saying what my Lord of Strafford should say to my Lord Cottington That they might be worthy of his Lordships consideration And Sir William Parkhurst denies that he heard them But it will be necessary for him to let their Lordships know clearly and plainly what this great matter was concerning the French Letter for he trusts my Lord Cottington would remember it and my Lord Treasurer too if need were but this is no way in his Charge and therefore he shall not insist in the proof of it His Lordship having the honor to be of the Foraign Committee my Lord of Leicester was pleased to send weekly Letters to divers of their Lordships and among the rest he received one being in the nature of a Gazette In which Letter nothing was mentioned of Commissaries of Horse but it was mentioned that the Cardinal had given direction to certain Commissioners to go into the Houses of divers Merchants not over the Kingdom but at Paris and Inform themselves by their Books of Accompt what Estates they had that they might demand Supply This Letter he sayes he Read with this Clause You may see what is done in other places but God be thanked you have so pious and gracious a King that he thinks on none of these things he read it to them as a Gazette a foolish idle Letter and no more My Lord Cottington being Interrogated touching the Letter c. He professes that he knew nothing of such a Letter but because he would remember it he spake with Sir William Parkhurst and Mr. Palmer and some others and they told him that when my Lord was Reading the Letter he was Writing in another Room and asking Why it was said he was present they told him then That they thought Gogan had said so when there was no such matter For he having seen his name in the Printed Book he hath been careful to inform himself what kind of Letter it was for he profest to their Lordships he remembred not the Letter nor the discourse and asking Sir William Parkhurst and the rest why it was said such words were spoken to him by my Lord of Strafford they say they had been examined upon it and had denyed it For Sir Ralph Freeman's Deposition that my Lord of Strafford should say That if the poor men that work on the Money should refuse to work they might be sent to the House of Correction That he conceives he might say without offence but it is no part of his Charge My Lord Cottington being asked on Mr. Glyns motion whether he had heard of such a Letter He professed to his remembrance he never heard of the Letter Whence Mr. Maynard inferred there be others that speak to that therefore there may be something that is not remembred And so my Lord of Strafford concluded that he had told their Lordships clearly and plainly what is proved what the things were and as they were and he trusts nothing is in his Actions but such as may admit of a noble and favourable construction and so there is no more for him to Answer to this Article but only to say That under the favour of these Gentlemen nothing can incline one way or other to be an accusation of High-Treason To which Mr. Maynard made a Reply in substance as followeth That he should not hold their Lordships long in Reply to this My Lord denies the Counselling and Approving the matter of seizing the Mynt and debasing the Coyn and a Witness produced sayes My Lord knew nothing of it that they can press no farther but that is no justification to my Lord Strafford to retort such words concerning the Great City of this Kingdom on so small an occasion as their desire to have their Money discharged It was a grievous thing and is not to be slighted
that their Estates being beyond Sea my Lord of Strafford should make so little of it But my Lord Answers nothing to these words That the City of London was more ready to help the Rebels than to help the King and he doth well not to do it for whosoever doth help a Rebel is of the same condition with the Rebel For the matter of the Letter it is of no great importance whether it be so or no But the matter is What Speeches were used My Lord sayes the Speeches are proved by only one witness But the truth is one Witness positively swears one part and another the other part but both agree That my Lord Cottington was there though Sir William Parkhurst doth not remember it Mr. Whitlock added That my Lord of Strafford is pleased to mention a Letter from an Honouable person my Lord of Leicester and now he observes it was a Gazette and no Letter at all from my Lord of Leicester But my Lord of Strafford desired he might not be mistaken he being very tender to have it laid on him that he should in any thing speak untruth or contradict himself Their Lordships know the Letters sent familiarly every week from my Lord of Leicesters Secretary as News to the forreign Committee are only in the nature of a Gazette and so he intended to open it Mr. Strowd added there is something in the Tract of this Article that sticks near to me and I cannot let it pass Whereas my Lord sayes Words are only laid to his Charge which argues his innocency in Fact in that he hath been sparing in doing whatsoever his Language is First The Laws are clear that words may be Treason and to every mans reason it sounds thus far That words in consequence may go beyond some actions and words of the highest nature he hath used all trenching deeper on us than some Acts might have done to counsel His Majesty in things of that consequence it touches not only on the safety of His Majesties Crown but also on the Liberty of his People and may go beyond force for if my Lord of Strafford had brought in his 8000 Irish by force we might have withstood them by force But when he goes to the Ear of a pious Prince and insinuates that we know not of and brings a desolation on a Kingdom who shall repell such Language when force may repell Forces And surely had he plotted and devised against His Majesty by any one which God forbid he should or that His Majesty should be in that danger the pretence of a Prince might have daunted a Traitor that he could not have done the work yet had he done it which God forbid a Prince may dye with fair reputation to posterity but when he shall inspire a Prince in his ear and provoke tyrannical Carriage to His Subjects he may abuse a good Prince but how he may leave him to posterity I leave to your Lordships But my Lord stays not singly in Counsel and Advice but something was done upon it I appeal to your Lordships when proof shall be brought in the case and First consider the misery that England is now in what could have been done more to have made us miserable but absolute desolation The Aldermen were committed that very day and though it cannot be proved he gave the immediate Counsel yet he gave the Counsel that hath been proved and that day four of them were committed and this the Aldermen are ready to prove Sir Henry Garaway Interrogated Whether any of the Aldermen were committed He Answered That he shall not need to Answer that for my Lord will confess it there were four Aldermen committed Alderman Rainston Alderman Somes Alderman Geere Alderman Atkins and it was the same day they were there to give an account of the able Men and the loan of 100000 l. Their Answer not giving satisfaction they were committed the same day to several prisons by what Order or Direction he knows not So Mr. Glyn desired their Lordships to observe the words proved against him That no good will be done on them till they were laid by the heels which my Lord sayes produced no effect yet that very day four were laid by the heels and it rests upon their Lordships Judgements by whose advice And Mr. Strowde concluded That my Lord of Straffords Words and Actions Agree in this Kingdom and the miseries of this Kingdom do agree with his Words and Actions And so the 26th Article was concluded THE Seven and Twentieth Article The Charge 26 THat in or about the month of August last he was made Lieutenant-General of all His Majesties â—orces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintainance of every Soldier of the Trained-bands of that County which sums of Money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terror to yield to the payment of the same he did Declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High Treason MR. Maynard proceeded to the 27 the Article That the Earl of Strafford imposed a Tax on His Majesties Subjects in the County of York of 8 d. per diem for the maintainance of every Soldier of the Trained Band of that County causing it to be levied by force Threatening them that refused with Commitment and that they that did not pay the Soldiers should be satisfied out of their Goods and they were in little better case than the case of High Treason that refused to pay The state of their proofs will stand thus There were three Levies First a months Contribution and that was for the general The Second a Contribution for a fornight and that was for two particular Regiments or Companies A Third for a month more so it was for ten weeks in the whole My Lord of Strafford pretends two things in his Answer for his excuse First That it was upon a Petition from the Country To that we say this The Country did petition His Majesty offering their endeavour in that Petition they likewise desire a Parliament for redress of grievances with which Petition some principal Gentlemen of the Countrey attended my Lord of Strafford desiring his assistance He likes well the clause concerning the Petitioners endeavours but not that touching the Parliament and therefore he would not deliver it though he said it would fall out there would be a Parliament His Majesty having resolved it but he likes not that they should Petition it They refusing to retract from their Petition he doth in the name of some of his Lordships Friends and Dependants