means as this to secure the King of the Royalty and Allegiance of His Subjects To procure it to these ends by these ways at such a time how this can be strained to be High Treason he confesses he does not well understand especially since he is confirmed in that opinion by the allowance given of it here in England as by the Oath read appears And if all this had been done by him solely as Deputy by the power of that Commission he had from His Majesty where should be the crime that should rise so high as to convince him of Treason But that is not all he hath something else to say for himself and that is the Kings Letter of His Majesties own Hand-writing as followeth WENTWORTH COnsidering the great number of Scots that are in Ireland and the dangerous consequences may follow if they should joyn with the Covenanters in Scotland I hold it necessary you should use your best endeavour to try them by an Oath not only to disclaim their Countreymens proceedings but likewise never to joyn with any in Covenant or otherwise against Me To which purpose I Command you to frame and administer such an Oath to the abovesaid intent to my Scotish Subjects of that Kingdom that I may know the well from the ill-affected of that Nation of which fail not as you love my Service And so I rest Your assured friend Ch. R. Dated 16 Jan. 1638. Whitehall So he had His Majesties Warrant but handled the matter so that he never discovered it And this he conceives doth clearly justifie him in all his proceedings That none can administer an Oath but by Authority of an Act of Parliament is as he conceived an ignorance And that upon a Command and being not against Law but intended for the better preservation of the peace of the Kingdom a Deputy of Ireland might do it and if he hath failed he shall not willingly undergo any punishment since it was an act of Obedience and if it were to do again being informed as he then was he must obey and he had rather suffer in obeying His Majesty than dispute with His Commands in that kind And so he hoped that for the Oath and Proclamation he had said that which might acquit him before their Lordships Then his Lordship applyed himself to give an Answer to the other matters brought in his Charge and the next thing urged against him is the Cenfure of Mr. Stuart his Wife and Daughters and Gray That Sentence was the very day before he came from Ireland Michalmas was Twelve months To that he can say no more but that he delivered his opinion concerning them as the rest in the Castle-Chamber where the Deputy hath no more voices than such as my Lord Keeper hath in the Star-Chamber a Casting voice if the voices be equal and otherwise but a single voice and the truth is that the whole Court did agree in it And for their Fine one of their own Witnesses sayes That he delivered his opinion as concurring with the rest of the Court so that the Fines were set before it came to him to vote And the greatness of the Fine was only to shew the greatness of the offence and not with respect to the persons or with any purpose to take the Fines of the parties for when it shall be examined it will appear that little of that hath been paid or looked after for they might have had their pardon the next day if they would have taken the Oath And if he that shall refuse the Oath of Allegiance shall instantly incurr the penalty of a Praemunire the Fine was very moderate in this case In the Oath there is nothing of Ecclesiastical businesses but only a Temporal Allegiance though some of the Witnesses speak of the extending it to the Ecclesiastical affairs My Lord Primate should have been a Witness in the Cause but he is sick and therefore if it may well stand with their Lordships Favour and Justice to deferr this point till he may be examined and heard about it The next thing was the words charged upon him spoken at the same Sentence That the Scotish Nation were Rebels and Traitors and that he would root them out of the Kingdom root and branch These words he absolutely denyed and so under favour he said he must doe still being well assured he never spake them and he is privy to his own heart so far that he can as truly say he never thought them He knows very well what he owes to that Nation as being the Native Countrey of His Majesty and that respect if there were nothing else is sufficient for him to wish to it all Happiness and Prosperity which he doth from his heart Besides he knows there be many of that Nation most Faithful and Loyal Subjects he trusts there are few amongst them otherwise and therefore for him to say the whole Nation are Rebels and Traitors certainly were a Speech of a man frantique and out of his wits rather than of a man in his Senses For though he hath some infirmities of hastiness in him yet he is not so divested of Reason and Understanding as to speak like a mad man especially in things of this nature His Lordship repeated it that he never spake them never thought them nor ever wished any thing to that Nation but Honor and Happiness in all his life nor hath he any manner of particular exception against them either in general or particular Besides he never received personal wrong from any of that Nation he hath received many courtesies from some of them and therefore owes them no Animosity but all the respects in the world But when it comes to the proof that is sufficiently justified for nothing is proved of that they charge him with and when he hath shown the weakness of the proof offered to convince him of them he shall offer a Witness or two that will absolutely clear him Nor did he speak any thing whilst he was in Ireland concerning the Nation in general but whatsoever he spake was concerning the Faction in it and it is an easie matter for a man at a distance to mistake one word for another and when he spoke of the Faction there it was with a great deal of more moderation and better phrase than the words charged For Sir Iames Mountgomery he hath said little as to this matter for he was not there nor speaks at all as if He the Lord of Strafford should have carried himself in that business otherwise than became him only himself confesses when Sir Iames would have some words put into the Oath Of lawful and just Commands He the Earl of Strafford said That that was needless for they could expect no Commands from His Majesty but what were lawful and just and such is the Wisdom and Justice of the King as he dares say they will always be so and the words of the Oath are They shall be so far complying with these Commands as
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
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
Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to examine hear and determine according to the course of Proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in those parts and did disinherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel and procure further Directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl to bring His Majesties Liege-people into a dislike of His Majesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and Governed by the same Laws The said Earl being Lord Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased and speaking of the Charters of former Kings of England made to that City he further then said That their Charters were nothing worth and did bind the King no further than He pleased IV. That Richard Earl of Cork 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 Eleventh 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 Eleventh 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 Cork claimed in certain Rectories or Tythes which the said Earl of Cork 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 Cork in the Castle-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 V. 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 Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and
Twelfth Year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot armed in War-like manner and in War-like array with Force and Arms to expel 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 the War-like manner expel 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 and Rights And the said Earl in like War-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 XVI That the Earl of Strafford the Two and twentieth of February in the Seventh 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 Oppression 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 Péers 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 Seventeenth 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 waies as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl XVII That the said Earl having by such means as aforesaid subverted the Government and Laws of the Kingdom of Ireland did in March in the Sixteenth Year of His Majesties Reign in scandal of His Majesties Government of all His Kingdoms and in further Execution of his wicked Purposes aforesaid speaking of the Army in Ireland declare That His Majesty was so well pleased with the Army of Ireland and the consequences thereof that His Majesty would certainly make the same a Pattern for all His Three Kingdoms XVIII That the said Earl of Strafford for the better effecting of his traiterous Designs and wicked Purposes did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of his Government in Ireland he restored divers Fryeries and Masse-Houses which had béen formerly suppressed by the precedent Deputies of that Kingdom two of which Houses are in the City of Dublin and had been assigned to the use of the University there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the month of May and June last the said Earl did raise an Army in the said Realm consisting of 8000 Foot all of which except one or thereabouts were Papists and the said One thousand were drawn out of the old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earl And the more to engage and tie the said new Army of Papists to himself and to encourage them and to discourage and weary out the said old Army the said Earl did so provide That the said new Army of Papists were duly paid and had all Necessaries provided for them and permitted the Exercise of their Religion but the said old Army were for the space of one whole Year and upwards unpaid And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England for Compounding with Recusants for their Forfeitures due to His Majesty which Commission beareth date the Eighth day of July in the Fifth Year of His Majesties Reign that now is and being also Receiver of the Composition-money thereby arising and of other Debts Duties and Penalties by reason of Recusancy within the said Counties for His Majesties Use by Letters Patents dated the Ninth day of the same July He to engage the said Recusants to him did Compound with them at low and under Rates and provided that they should be discharged of all Procéedings against them in all His Majesties Courts both Temporal and Ecclesiastical in manifest breach of and contrary to the Laws and Statutes of this Realm in that behalf Established XIX That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command he the said Earl in May the Fifteenth Year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any His Majesties Royal Commands but submit himself in all due obedience thereunto Which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath against their wills and of such as refused to take the said Oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the Tenth of October Anno Dom. 1639. he fined Henry Steward and his wife who refused to take the said Oath 5000 l. a piece and their two Daughters and James Gray 3000 l. a
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
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
who lived in those famous times and spent their blood in Obedience to their Soveraigns Command So that by these words candidly and rightly taken no manner of ill could come being spoken not with any sharpness or upbraiding but meerly to let them see That being in that Condition they were infinitely bound to the Kings of England who were pleased to communicate to them the Laws of their own Kingdom And so far were they from being taken ill that no man at that time took offence at them For the words The King might do with them what he pleased let them relate to the Conquest and there is no offence in them for the Conqueror might give them what Laws he pleased and yet nevertheless hath been so gracious and good as to give them the Laws of his own People Give me that understanding of the words and then where is the Crime how can it be brought in Judgment against me in it self or be aggravated to High Treason I acknowledge I did speak to the Recorder of Dublin yet some things I am put in mind of which I am forced to deny with a great asseveration That I do not remember the words nay I am sure I never spake them let all the world and a cloud of Witnesses say the contrary when I know in my own heart I did not speak them though I offer not this to Your Lordships to convince your Judgments And on the other side there is nothing that is true but I will acknowledge it with all Ingenuity in the world on the Testimony of any one single Witness I desire that Mr. Slingsby his Servant might be asked whether he was not present when I spake these words and whether then any offence was taken at me in respect of the high manner of my speaking or whether they were not rather extreamly well satisfied Now if Your Lordships take words in pieces and not altogether any man living may be convinced but taking my words altogether though something might be thought harsh yet something gave abundant satisfaction I am upon a mighty prejudice in being denied to have my Witnesses examined upon Oath in these things that are not Treason But they be persons of good credit and I trust your Lordships will believe them as much as if they spake on Oath since I think none of them would say a word to your Lordships which they would not swear Mr. Slingsby being asked Whether he was present when my Lord of Strafford spake to the Recorder of Dublin what he said and what acceptance it received He Answered He was then present being on the occasion of presenting Sir Robert Dixton the Mayor of Dublin that he cannot remember the particular words nor deliver them to their Lordships as they were spoken by the Lord-Lieutenant But he remembers particularly the scope of the Discourse was to ingratiate His Majesties present Government to them That the words were well accepted by several persons whom he spake with and took that Effect that his Lordship was thereupon invited to the Mayors House where divers of the City Congratulated his coming to them I shall now proceed to the second part of the words That their Charters were nothing worth and they bind the King no farther than he pleases and I conceive I may say so still If their Charters be nothing worth they do not bind the King but he may do with them what he pleases In that I desire your Lordships to call to mind what my Lord of Corke said That Ireland was a Conquer'd Nation and the King might give them what Laws he pleased and that the Charters were Antiquated and no farther good than it pleased His Majesty to make them It is likely I confess I might say so and yet not say amiss for it is most evident and clear their Charters are void in point of Law and therefore it is in the King 's good will and pleasure Whether he will make them good or no. And that they were void the King's Council informed me so that they were questioned at Council-Board upon it for divers unlawful Exactions they took under colour of Charters for divers by-Laws that they had made against Law by those Charters for divers neglects of Duties that they ought to do by those Charters and generally for not performing the trust reposed in them by those Charters with that Integrity and Care they ought to do And for the truth of it that many Complaints were made against the Mayor and Aldermen at that Board for neglecting their Duty I dare Appeal to my Lord of Corke I adding this That the greatest part of the Aldermen were Recusants and would never be brought to obey the Order of the Board but stood on their Charters and would be Masters and by that means great Disorders continued And to prove that upon Examination they appeared to be void in Law I desire Sir George Ratcliffe may be admitted to speak on what Grounds those Charters were called in and are now as I think deposited with the Clerk of the Council Sir George Ratcliffe standing charged with High Treason by the Commons of England before your Lordships and of a Conspiracy with my Lord of Strafford and whether it be fit to hear one charged with High-Treason to clear another so charged we Appeal to your Lordships That Sir George Ratcliffe is charged to be a Conspirator with me indeed and in truth I must confess Sir George Ratcliffe and my self under favour are equally guilty of Treason and I hope we shall both justifie our selves but I know so much of him that I am not ashamed to say That I think that Sir George Ratcliffe is my Friend and I wish him well and so I think will all other men I trust in God when they hear him But I conceive Sir George Ratcliffe might be heard in these Points if he be examined as a Witness against me I desire he may be examined as a Witness for me Sir George Ratcliffe is not examined nor at all sworn in the Cause on our Motion and admitted that if they produced him as a Witness they would not deny my Lord of Strafford to cross examine him The Lord Steward declared the sense of their Lordships That Sir George Ratcliffe could not be examined I shall readily obey but yet observe That if it were only matter of Misdemeanor he might be examined though charged But this is my unhappiness to be debarred of my Witnesses because I am charged with Treason in general though there be nothing in particular that 's near the complexion of Treason We desire to observe that this justifies a part of our Charge for the Charter of the Subjects Liberties are as his Lordship confesseth brought to the Council Table and judged there and not to the proper Courts where they ought to be judged the Council-Table having no Power to declare the Validity or Invalidity of Charters from the King to the Subject
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-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
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
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
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
many starved it must be occasioned by some other means than this That his Looms should be an occasion of starving so many men he conceives very strange for in truth the value of Cloth made in those Looms in a year which he left his Tenants to manage was not as he remembers above 16 or 1700 l. and if their Lordships consider the value of the Yarn with the Labour they would wonder the making of such a quantity in a year should starve so many thousands It is very true he said he 's sorry for that Remonstrance read of the Commons House in Ireland thinking he had merited a better opinion in that Kingdom but howsoever they have been informed he doubts not but when things are shewed them more clearly than they have been hitherto he shall have their good opinion still he never in truth doing or saying any thing in all his life but with very clear and faithful intentions to the good and prosperity of that Common-wealth and Kingdom his Lordship added That he had some little fortune amongst them not great indeed nothing near that which is reported hardly the fifth part but something he had there honestly and justly come by and for that reason he had cause to wish well to the Kingdom and it grieved him extreamly to hear such a Remonstrance read there would be a time he hoped when he should have means to give them better satisfaction but it is but a charge and cannot under favour be the proof of a Charge being only received by information of witnesses and no Oath being given by the Commons-House he conceived it could not be made a proof against him but the truth of the Charge comes to be examined for the Remonstrance says that these things will be proved by 20000. To which he can say nothing but that he is infinitely sorry he should be so mistaken in that Kingdom where to his best understanding his Conscience tells him he hath deserved very well with modesty be it spoken his Lordship added of them all and desired to do Justice amongst them and there would come a time when he should be better understood as well there as here he hoped For the testimony of Mr. Fitzgarret he speaks nothing of knowledge but what he hath been informed and heard and what hath been credibly reported to him and those are no proofs to be judicially taken as he conceived nothing being by Mr. Fitzgarret spoken but by report and their Lordships have heard this reported as well as he yet knew not whether it be true further than is proved So he concluded where he began something may look like an oppression in them that did execute it but nothing as to himself and the rest of the Counsel who issued the Proclamation on just and warrantable grounds and according to that power they had from the King which he conceived was a full and clear acquittal of him humbly submitting to their Lordships better Judgements of this Article so far forth as it amounts in any kind to convince him of High Treason To which Mr. Maynard made reply in substance as followeth And first he observed That my Lord of Strafford was still striking on the same string here said he is no Treason though something tending to oppression and so at this rate he can never want an answer for if this be not in this particular as high and wilful an overthrow of the fundamental Rules and Justice of the Kingdom as can be imagined I appeal to your Lordships and that is it wherewith he is charged not as if this singly would amount to Treason And Whereas his Lordship says his intention was good if when an oppression of High Justice is committed it be enough to say he had a good intention it is a good defence to take away mens Goods and apply them to his own use and so this being practis'd by him universally on a whole Kingdom may be excused by a good intention But God knows the heart your Lordships are Judges of his actions and oppressions He says the Proclamation was a Temporary Law to take away Goods break open Houses forbid and annihilate Contracts this he says in the face of the Kingdom so that there cannot be better evidence given against him than comes from his own mouth for that which is put upon him is That he would erect a Government that depends meerly upon Will and take away that which is obliged to Laws To say a Proclamation is a Temporary Law is to make a Law as long as it pleases them that award the Proclamation to continue for when shall it have an end but by the pleasure of them that send it forth He would excuse himself that he hath gone in good company Did the Commons insist on this as a single misdemeanor my Lord might say he is not the only man that deserves punishment but he cannot say but that he is the Principal man and indeed and in effect the sole man as it will appear in the answer to the rest They are too blame that follow his misguidance but he is not innocent that draws others into such actions with him Mr. Maynard observed the nature of the Proclamation it was not to appoint a regulation but to take away the Subjects Goods neither giving them time to vend the Commodities in their hands nor to depart from that if it were an ill usage but forthwith as soon as the Proclamation was out the Goods must be seized because they did not doe the things they could not doe He saith the Execution is nothing to himself but to his Agents Surely he that will command unjust and evil things is not a whit less guilty because he hath Ministers that will apply themselves to his pleasure to execute unlawful Commands He commands they execute it and when they had executed it they bring it to his Looms that is to his profit He says it was recalled after two years or thereabouts but your Lordships may remember on what misfortune and cruelty it was recalled the tumults the stirs the oppressions it did produce and his recalling it after two years makes him not innocent before when 1000 or 2000 or 3000 had perished by the oppression of it he was not innocent because 10000 or 12000 did not perish it was too long kept on foot and he that doth unlawful things in so great a measure is not to be excused because he cannot bring them wholly to pass For that 's all can be said He could go no further and therefore he leaves it off He says his Warrant is not amiss but it is extreamly amiss for the Minister should advertise the State touching the Subjects Conformities but my Lord of Strafford will have them presently enter the House and seize the Goods the Proclamation puts them on it but the Warrants command Justices of Peace and all Ministers of Justice to come in and countenance this cruelty and when they did not conform to it
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
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
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
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
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
dregs of valour sullenness and stubborness which may make them prone to mutinies and discontents But those noble and gallant affections which put men to brave designs and attempts for the preservation or enlargement of a Kingdom they are hardly capable of Shall it be Treason to embase the Kings Coin though but a piece of Twelve-pence or Six-pence and must it not needs be the effect of a greater Treason to embase the Spirits of his Subjects and to set a stamp and character of servitude upon them whereby they shall be disabled to do any thing for the service of the King and Commonwealth The fifth Consideration is this that the exercise of this Arbitrary Government in times of suddain danger by the invasion of an enemy will disable His Majesty to preserve himselfe and His Subjects from that danger This is the only pretence by which the Earl of Strafford and such other mischievous Counsellors would induce His Majesty to make use of it and if it be unfit for such an occasion I know nothing that can be alledged in maintainance of it When War threatens a Kingdom by the coming of a Forreign Enemy it is no time then to discontent the people to make them weary of the present Government and more inclinable to a change The supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some Money be gotten in such a way the distractions divisions distempers which this course is apt to produce will be more prejudicial to the publique safety than the Supply can be advantagious to it and of this we have had sufficient experience the last Summer The Sixth That this crime of subverting the Laws and introducing an Arbitrary and Tyrannical Government is contrary to the Pact and Covenant betwixt the King and his People that which was spoken of before was the legal union of Allegiance and Protection this is a personal union by mutual agreement and stipulation confirmed by Oath on both sides The King and his People are obliged to one another in the nearest relations he is a Father and a Child is called in Law pars patris He is the Husband of the Common-wealth they have the same interests they ara inseparable in their condition be it good or evil he is the Head they are the Body there is such an incorporation as cannot be dissolved without the destruction of both When Justice Thorp in Edward the III. time was by the Parliament condemned to death for Bribery the reason of that Judgement is given because he had broke the Kings Oath not that he had broke his own Oath but he had broken the Kings Oath that solemn and great Obligation which is the security of the whole Kingdom If for a Judge to take a small sum in a private Cause was adjudged capital how much greater was this offence whereby the Earl of Strafford hath broken the Kings Oath in the whole course of his Government in Ireland to the prejudice of so many of His Majesties Subjects in their Lives Liberties and Estates and to the danger of all the rest The Doctrine of the Papists Fides non est servanda cum Haereticis is an abominable Doctrine yet that other Tenet more peculiar to the Jesuits is more pernicious whereby Subjects are discharged from their Oath of Allegiance to their Prince whensoever the Pope pleaseth This may be added to make the third no less mischievous and destructive to humane Society than either of the rest That the King is not bound by that Oath which he hath taken to observe the Laws of the Kingdom but may when he sees cause lay Taxes and Burthens upon them without their consent contrary to the Laws and Liberties of the Kingdom This hath been Preached and published by divers And this is that which hath been practised in Ireland by the Earl of Strafford in his Government there and endeavoured to be brought into England by his Counsel here The Seventh is this It is an offence that is contrary to the end of Government The end of Government was to prevent oppressions to limit and restrain the excessive power and violence of great men to open the passages of Justice with indifferency towards all This Arbitrary Power is apt to induce and encourage all kind of insolencies Another end of the Government is to preserve men in their Estates to secure them in their Lives and Liberties but if this design had taken effect and could have been setled in England as it was practised in Ireland no man would have had more certainty in his own then Power would have allowed him but these two have been spoken of before there are two behind more important which have not yet been touched It is the end of Government that Virtue should be cherish'd Vice supprest but where this Arbitrary and unlimited Power is set up a way is open not only for the security but for the advancement and encouragement of evil such men as are apt for the execution and maintenance of this Power are only capable of preferment and others who will not be instruments of any unjust commmands who make a conscience to do nothing against the Laws of the Kingdom and Liberties of the Subject are not only not passable for employment but subject to much jealousie and danger It is the end of Government that all Accidents and Events all Counsels and Designs should be improved to the publique good But this Arbitrary Power is apt to dispose all to the maintainance of it self The wisdome of the Council Table The authority of the Courts of Justice The industry of all the Officers of the Crown have been most carefully exercised in this the Learning of our Divines the Jurisdiction of our Bishops have been moulded and disposed to the same effect which though it were begun before the Earl of Straffords imployment yet it hath been exeedingly furthered and advanced by him Under this colour and pretence of maintaining the King's Power and Prerogative many dangerous practises against the peace and safety of the Kingdom have been undertaken and promoted The increase of Popery and the favours and encouragement of Papists have been and still are a great grievance and danger to the Kingdom The innovation in matters of Religion the Usurpations of the Clergy the manifold burthens and taxations upon the people have been a great cause of our present distempers and disorders and yet those who have been chief furtherers and actors of such mischiefs have had their Credit and Authority from this that they were forward to maintain this power The Earl of Strafford had the first rise of his Greatness from this and in his Apology and Defence as your Lordships have heard this hath had a main part The Royal Power and Majesty of Kings is most Glorious in the Prosperity and happiness of the People the perfection of all things consists in the end
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
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
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
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
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
S r THOMAS WENTWORTH Kt. EARLE of STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhowse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of y e Councill established in y e North parts of England L d Lievtenant of y e County City of York one of his Ma ty most hon ble Privy Councill and Knight of y e most Noble order of the Garter THE TRYAL OF Thomas Earl of Strafford Lord Lieutenant of IRELAND Upon an Impeachment of High Treason BY The COMMONS then Assembled in PARLIAMENT In the Name of THEMSELVES and of All the Commons in England Begun in Westminster-Hall the 22 th of March 1640. And Continued before Judgment was Given until the 10 th of May 1641. Shewing the Form of PARLIAMENTARY Proceedings In an IMPEACHMENT of TREASON To which is Added A short Account of some other MATTERS of FACT Transacted in Both Houses of PARLIAMENT Precedent Concomitant and Subsequent to the said TRYAL With some Special Arguments in LAW Relating to a BILL of ATTAINDER Faithfully Collected and Impartially Published Without Observation or Reflection By IOHN RUSHWORTH of Lincolnes-Inn Esq LONDON Printed for John Wright at the Crown on Ludgate-Hill and Richard Chiswell at the Rose and Crown in St. Pauls Church-Yard 1680. To the Right HONOURABLE GEORGE EARL OF HALIFAX One of His Majesties most Honourable PRIVY COUNCIL My LORD NO Man I believe understands better than your Lordship the Interest and Concern that Posterity hath in a true account of all matters of moment that were transacted by their Ancestors and I know none in whose Devotion to the service of the King and Kingdom I could so confide as in your Lordships to Patronize this plain and full Relation of the proceedings in Parliament in the Case of the greatest Minister of State in his time I some times doubted that the Dedication of these Papers to your Lordship might be improper because of your Lordships Descent from the Sister of that great Personage whose unhappy Fate is here related But having well considered that Honor Truth and Justice have the Supreme Empire in your truly Noble Soul and that a full and clear Narrative of all the Matters of Fact that occurred in this great Affairs with the Intentions and Constructions of them as declared from the mouth of your Noble Ancestor himself is the fairest and justest way to represent him truly to future Ages I conceived it not unfit for your Lordship to favour this true Account of him which may protect his Name from the injuries both of Ignorance and Malice I ought not neither can I flatter your Lordship you are too well known to need any thing that can be said by me of your Worth and true Nobleness and the Character of this your Ancestor is best to be collected from the following Papers His Letters published by me in the Second Part of my Historical Collections and his Behaviour in this solemn Tryal here published discovers the greatness of his Parts the quickness of his Apprehension the excellence of his Wit and Eloquence the contempt he had of Death and the serene Composure of his mind in that Part of his Life which falls within this History I should not have dared to present this Work to your Lordship so nearly related to this eminent Minister of State if I had not been a Witnesse to all the steps of the proceedings in this great Action and if I had not taken in Characters as well and truly all that was said for him as what his Accusers said against him and therefore I can with great assurance aver it to be a candid Representation of Matter of Fact which is all I pretend to publish to the World andas far as the exactest care could carry me I have done it so punctually true that I am hopeful there is none can have any just Exception to any part of it My Lord There is none alive can judge of a Work of this nature better than your self who as you are descended from a Race of Statesmen being Nephew and Grandson to the Two chief Ministers of the last age this Great Earl and the Wise and Fortunate Lord Keeper Coventry so are you lookt on by all as a Person born for the Service of the KING and the publique good of your Countrey And as I have always had a constant Experience of your Goodness and Indulgence to my self so I humbly hope your Lordship will favourably construe my intentions in this Dedication and accept of it as a tribute of Duty and Acknowledgement humbly offered by May it please your Lordship Your Lordships most Humble Most Faithful and Most obliged Servant JO. RUSHWORTH March 25. 1680. THE PREFACE I Cannot think that there wants an Apology for publishing the ensuing Papers although the Press seems over-charged The Trial of Thomas Earl of Strafford was and is some way or other the Concern of every Man of England and the Commissioners of Scotland and Ireland thought those Kingdoms also Sufferers by his Deportment and joyned in the Prosecution against him All the Commons of England by their Deputies in Parliament were his Accusers and the Impeachment against him was in their Names The Matter of his Charge had Reference to every English Man and all their Posterities He was accused of designing to destroy the security of every of their Estates Liberties and Lifes and to reduce them all to be subject to meer Will and Pleasure It may therefore be said in the Maxim of our Government not much varying the sense Quod Omnes tangit ab omnibus tractari debet Every man ought doubtless to know his own Case to understand whether that Great Man was justly accused of such a hainous Crime and whether the Kingdom escaped such a fatal blow as was then alledged by his exemplary Fall under the Iudgement of the King and Parliament For this purpose I expose to the common view the whole Proceedings of his Trial being the most solemn deliberate and every way the greatest Tryal whereof we have any Account in our English Story The Preparations for his Tryal were made with an unusual solemnity and were the Results of the Prudence of many selected Lords and Commons as a Committee of both Houses The usual places for Administring Iustice and Tryals of Offenders were thought too mean upon so great an occasion and therefore Scaffolds were erected in Westminster-Hall fit to receive so great an Assembly as were to attend his Trial. His Majesty had a Closet provided for him the Queen and Prince near the place where the House of Peers sate and was every day at the Tryal of the said Earl and might hear what was said and see what Witnesses were produced and take a full view of the greatness of the Assembly and yet remain privately in His Closet unseen Seats were prepared for the Lord High Steward and all the House of Lords who sate as his Iudges Woolsacks
were placed for all the Iustices or Iudges to be their Assistants There were also Seats provided for all the Commons in Parliament though they came not with their Speaker and his Mace as a House of Parliament but as a Committee of the whole House Seats were likewise prepared for the Commissioners of the Kingdom of Scotland and Ireland which made it an Assembly of Three-Kingdoms At the lower end of the Scaffolds a place was provided for Thirteen Members of the House of Commons who were appointed for the Earls Prosecutors to manage the Evidence against him near to them stood the Prisoner with a Table before him and a Desk to write upon and a Chair was set for him to rest himself when he found it needful The Author of the ensuing Papers was purposely placed near the Earl to take in Characters whatsoever should be said either against or for him and to the best of his skill he did impartially put in Writing what was said in the Case Pro and Con he hath not wittingly or willingly omitted the least Particle said in the Prisoners Defence either by himself or any body in his behalfe he hath not varied the form or manner of his Expressions being full of Eloquence and pleasing Rhetorick and excellently adapted to move compassion both in his Iudges and the numerous Assembly of Auditors The Greatness of this Minister of State 's Tryal every way answered the High Station and Employments unto which he had been advanced and the lofty Designs he had managed And the Books of his Life from the time of his admission in the Cabinet of his Princes Council were exposed to the Worlds View and the most profound Learning of the Laws of our Countrey the sharpest Wit and the deepest wisdom of our Kingdom were employed to examine and measure what he had done Not only by those Rules of Iustice whereby all our ordinary Courts of Iustice are wisely bound by our Ancestors to proceed in the Trial of Criminals but by those Fundamental Rules and Maxims of our English Government which that Parliament asserted to be the safeguard both of the King and People and to be so reserved in the custody of the Supream Legislative Power that no Criminals by the violation of those First Principles which they said gave the Being to our Government can be judged otherwise than in Parliament the ordinary Iudges being obliged by that famous Statute of the 25th of Edw. 3. concerning Treasons to Respit Iudgment in all such Cases until the matter be declared in Parliament and Iudgment there given whether the offence whereof any shall be accused be Treason or other Felony This Tryal being upon an Impeachment for Treasons not specially named and declared in the Statute of the 25th Edw. 3. occasioned more industrious and exquisite searches to be made into the most antient Records of the Kingdom than had been for some hundreds of years and also caused the most Learned of the Long Robe to tumble over their Law-Books and to apply their minds to look into the bowels of our antient Laws and the reason of them from whence they had their Being and doubtless the Counsel on either side brought out of their most secret Treasuries the quintescence of all their Learning and Studies besides the weight of the Cause every mans Reputation pushed him to shew his utmost skill before so great and so grave an Assembly of such Critical and excellent Iudges and Auditors The Reader may find in these Papers all the sweetness of Learning Wisdom and Policy which was the issue of the long Labours and Travels of many industrious Bees in the whole spring of their youth and vigor The long continuance of this Trial is another Evidence of its greatness it begun the 22 of March 1640. and continued with the interposition of divers Intervals for deliberation and providing Evidence until the 12th of April 1641. And an ACT for Iudgment in a Bill of Attainder passed against the Earl in the House of Commons the 21 of the same month and in the House of Peers on the 10th of May following I ought not to anticipate the Reader with any thing that happened during this solemn Tryal nor to point at matter of Law or Fact every Reader ought to suppose himself present at the Tryal and to make his own Comments upon the Law and Fact as it appeared every Professor or Student of the Law may transcribe into his Common place Book what he shall judge of most use and every States-man may do the like in his Studies and every Man great and small may if he please make excellent Moral Reflections upon the Rise Greatness and fall of this seeming Fortunate and yet at last Unfortunate Gentleman This Great Mans principal Crime objected against him by the Parliament was his attempts to subvert that excellent Law called The Petition of Right which he himself especially in a Speech made by him in Parliament on the 22 of March in the year 162â— had promoted and pressed with the most ardent Zeal as the best Inheritance he could leave his Posterity and all the Laws confirmed and renewed in that Petition of Right were said to be the most invenomed Arrows that gave him his mortal wound but how justly these were urged against him is not my part to determine I wish my Labours in Collecting truly the Matter of Fact may be an occasion to many to make True and Righteous Iudgment in this particular Case so much Controverted and that from these Matters of Law and Fact such right measure may be taken that all our future Ministers of State may escape the conjoyned Complaints of the Three Kingdoms against them and that the Government may be so Administred as shall best conduce to the happiness of the King and Kingdom ADVERTISEMENT THere is lately published Historical Collections The Second Part. Containing the principal Matters which happened from the Dissolution of the Parliament on the 10th of March 4 Car. I. 162â— until the summoning of another Parliament which met at Westminster April 13. 1640. With an Account of the Proceedings of that Parliamet and the Transactions and Affairs from that time until the meeting of another Parliament Nov. 3 following with some remarkable passages therein during the Firstsix months Impartially related and disposed in Annals Setting forth only Matter of Fact in order of Time without Observation or Reflection By Iohn Rushworth of Lincolns-Inn Esq An Introductive Account of several Passages previous to the GRAND TRYAL of Thomas Earl of Strafford who was Impeached by the House of Commons on the 11th of November 1640. As also of Passages and Proceedings in Parliament from that time unto the 22. of March the same Year when his Trial first began in Westminster-Hall Likewise an Account of Proceedings and remarkable Passages in both Houses of Parliament and some material Matters elsewhere Concomitant to the said Trial during the time it lasted which was until the 30th of April 1641. Friday
of High Treason and that he had also delivered the other Particulars he had in Charge Their Lordships Answer was That they do desire to take this weighty Matter into their serious Consideration and will speedily send an Answer by Messengers of their own Afterwards Mr. Pym was sent up to the Lords with a Message that some fit course be taken that there may be free Passage between England and Ireland notwithstanding any Restraint made there to the contrary The same day came a Message from the Lords by the two Chief Justices That the Lords have taken into serious Consideration the Accusation sent from this House against the Earl of Strafford and have Sequestred him from the House and have Committed him in safe Custody to the Messenger of their House and they will move his Majesty that the Passage from Ireland into England may be open notwithstanding any Restraint made there to the contrary The Message delivered by Mr. Pym was in manner following My Lords The Knights Citizens and Burgesses now Assembled in the Commons House of Parliament have received Information of divers Traiterous Designs and Practices of a great Peer of this House and by vertue of a Command from them I do here in the Name of the Commons now Assembled in Parliament and in the Name of all the Commons of England Accuse Thomas Earl of Strafford Lord Lieutenant of Ireland of High Treason And they have Commanded me further to desire your Lordships that he may be Sequestred from the Parliament and forthwith committed to Prison They further Commanded me to let you know that they will within a very few days resort to your Lordships with the particular Articles and Grounds of this Accusation The Earl being required to withdraw it was debated by the Peers Whether he should be Imprisoned on a general Accusation without any particular act of Treason charged against him or not But upon the question it was carried in the Affirmative and he being called in kneeled at the Bar and after standing up the Lord-Keeper spake to him as followeth My Lord of Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day Accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few days produce in the mean time they have desired of my Lords and my Lords have accordingly Resolved That your Lordship shall be committed into safe Custody to the Gentleman-Usher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you And thereupon he was immediately taken into Custody by Iames Maxwell Usher of the Black Rod. Thursday Novemb. 12th 1640. A Message came from the Lords by the Lord Chief Justice Littleton and the Lord Chief Baron Davenport That the Lords have Commanded Us to let You know that in pursuit of your desire Yesterday to have the Ports open between Ireland and England some of the Lords had moved His Majesty in it and it shall be done speedily and effectually This day the House fell into serious Debate concerning Sir George Ratcliff an Intimate of the Lord Lieutenants of Ireland in whom he reposed great Trust and Confidence and by the discourse was as if he were guilty of High Treason in endeavouring to subvert the Fundamental Laws and that he did joyn with the Earl to bring in an Army from Ireland into this Kingdom and had joined with the said Earl to use Regal Power and to deprive the Subjects of this Kingdom of their Liberties It was moved that he might be sent for over as also for Sir Robert King who is a material Witness against the Earl of Strafford But for as much as they were Members of the Parliament then sitting in Ireland it was referred to a Committee viz. Mr. St. Iohns Mr. Selden Mr. Ieofrey Palmer Mr. Solicitor Mr. Maynard Mr. Grimston Mr. Chadwell Which Committee had Power to consider what was fit to be done in sending for Sir George Ratcliff and Sir Robert King in regard they are Members of the said Parliament now sitting in Ireland and to present it to the Consideration of this House and are to meet to morrow Morning at Seven of the Clock in the Committee-Chamber Ordered Mr. Speaker be intreated to be here this Afternoon to sit by at the Great Committee for Irish Affairs and if there be Cause to resume the House And accordingly the Grand Committee of the whole House sate this Afternoon upon the Irish Affairs and the Speaker sate by according to Order There came word that the Lords were come and expected the Committee of this House at the Conference concerning the Proceedings at the great Council at York Mr. Speaker assumed the Chair and it was moved That the Committees that sate in other places might be sent for to attend the Conference that those Gentlemen might be sent for by the Mace that were gone before to the Conference The House rose and the Committee went up to meet the Committee of the Lords at the Conference and Mr. Speaker adjourned the House and went home Friday Novemb. 13th 1640. Ordered that the Committee for preparing the Charge against the Lord Lieutenant being now Sine die meet this Afternoon at Four of the Clock in the Treasury-Chamber which Committee has Power to receive all such Petitions and Papers as may conduce to the business and have likewise Power to send for Records Papers Parties and Witnesses or any other thing that they shall think may conduce to the perfecting that Charge The King's Solicitor Reported from the Committee appointed to consider of the manner of sending for Sir George Ratcliff and Sir Robert King being as is inform'd Members of the Parliament in Ireland That the Committee were of Opinion That it is better to examine this Matter according to the Rules and Foundations of this House than to rest upon scattered Instances They distinguished between the Case of Sir George Ratcliff and Sir Robert King thus We find an Information given which if it be true of High Treason against Sir George Ratcliff then there is no doubt but in Case of High Treason Priviledge of Parliament neither here nor there doth reach to protect him but that Sir George Ratcliff may be sent for though a Member in Parliament there this was the Opinion of the Committee For the other Sir Robert King the Case did differ for to send for him to testifie in any Case were of dangerous Consequence or to send for him to testifie in the Kings Bench in Case of Treason where the Court doth ordinarily sit but this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing or in any ordinary Court for the Parliament is a Court that doth not ordinarily sit a Court of the great Affairs of the Kingdom therefore to be sent for hither
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
Quality and Trust are in Ireland material Witnesses to be examined as the Master of the Rolls the Lord Chancellor and others these can hardly be spared to come hither to give their Testimony The Committee desires the Advice of the House in this particular which without their Judgments cannot be determined to think of some way how these Parties might have their Testimony taken and the Truth might be known and Justice done This whole matter thus Reported from the Committee for Irish Affairs is recommitted to the same Committee again to consider of it and to draw those things that are to be inquired of under apt Heads and so present them to the judgment of this House to proceed accordingly Mr. Maynard Mr. St. Iohns Mr. Hide Mr. Whistler Mr. Ieofrey Palmer Mr. Glyn Mr. Sollicitor This Committee is to Collect and Offer to this House Reasons for this House to make use of and insist upon in maintainance of that Point of the Message of this House to the Lords which desires the presence of some of the Members of this House at the Examination of such Witnesses as shall be Proposed by this House in the Accusation of the Earl of Strafford To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six intire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Susidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limitted into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined 3. The proceedings in civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Usage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to
great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Iudice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruine and Destruction of the Common Wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruine and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be Licenced by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. Monday November 30th 1640. Sir Thomas Roe Mr. Pym Mr. Strode Mr. St. Iohns Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Maynard Mr. Hyde Mr. Whistler Mr. Palmer Mr. Glyn Mr. Solicitor Mr. Selden My Lord Dungarvan Sir Francis Seymor Sir Hugh Cholmely Lord Wenman Sir Io. Evelyn Sir Benjamin Rudyard Sir Iames Thynn Sir Iohn Culpepper Sir Iohn Strangwaies Sir Symon D'Ewes Mr. George Vane Lord Cramborne Lord Compton Mr. Bellassis Mr. Kirton Sir Thomas Hutchison Sir William Bowyer Sir Iames Smith Sir Arthur Ingram Lord Russell Lord Ruthin Mr. Comisby Mr. Noel Sir Thomas Bowyer Mr. Cecill Lord Fairfax Sir Thomas Widdrington Sir Peter Hayman Sir Iohn Holland Mr. Iames Fynes Sir Robert Crane Sir Iohn Corbet Mr. Io. Alford Sir Roger North Sir Edmond Mountford Mr. Whitlocke Mr. Mountagne Lord Faulkland Sir Peter Stapleton Sir Henry Mildmay Lord Herbert Sir Richard Wynn Sir Edward Rodney Sir Ralph Hopton This Committee is to meet with the Committee of 30 of the Lords concerning a Message sent hither on Friday last from their Lordships touching a Message sent formerly from this House to them by Mr. Pym for the Examination of their Members in the Accusation of the Earl of Strafford and touching a free Conference upon the last Point of that Message that some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford The Petition of several of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten directed to the whole House of Commons in England read The Humble Petition of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten To the King 's most Excellent Majesty read The two Gentlemen Mr. Io. Bellewe and Mr. Oliver Castle who brought over those Petitions were called in and demanded by Mr. Speaker several Questions These Gentlemen were again called in and Mr. Speaker told them This House has taken into Consideration your Petition and in due time you shall know the Pleasure of this House Ordered That the Lieutenant of the Tower be required from this House that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford a Prisoner there until further Order be given from this House nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him or if any such be to
concerning the Earl of Strafford shall be Heads of that Conference and that Committee is to manage the Conference Sir Philip Stapleton brings Answer from the Lords That their Lordships do expect His Majesty at their House this Morning and that so soon as His Majesty shall be gone they will send Answer by Messengers of their own Thursday February 18th 1640. The Lords desired a Conference by a Committee of both Houses concerning the Sequestring of Thomas Earl of Strafford from his Offices presently in the Painted Chamber if it may stand with the conveniency of this House To which Answer was returned That they will give a meeting presently for a free Conference Mr. Pym Reports the free Conference Upon Mr. Pyms Report It was Ordered That this Committee viz. Sir Walter Earle Sir Io. Culpepper Mr. Hollis Mr. Solicitor Mr. Vaughan Mr. Hyde Mr. Pym Mr. Maynard Mr. Selden Mr. Palmer Mr. Whitlock Sir Simon D'Ewes Mr. Whistler Mr. Glyn and Mr. Hampden Do take into Consideration the whole matter of the Report of the free Conference now made by Mr. Pym and also what concerns the Right of the Commons in the Proceedings in the Lords House against the Earl of Strafford and what Concerns the Kingdom in general and the Legality of these Proceedings and they are likewise to Consider What is fit for the Commons to claim in Causes of Impeachment and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber Friday February 19th 1640. That the Committee for the Earl of Strafford shall have Liberty to open all Letters directed to Sir George Ratcliff and if they find it worthy the knowledge of the House they are to acquaint the House therewith Ordered That the Committee appointed to consider of the Proceedings in the Lords House against Thomas Earl of Strafford do meet this Afternoon at Two of the Clock in the Treasury Chamber Tuesday February 23. 1640. A Message from the Lords desiring a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the convenience of this House concerning the Conference that was Yesterday touching the Proceedings against Thomas Earl of Strafford Answer returned by the same Messenger That this House hath taken into Consideration their Lordships Message and will give a meeting for a free Conference as is desired Mr. Glyn Reports from the Conference That the Lord Keeper delivered the Lords Answer in these words viz. First That We shall admit him no further use of Council than the necessity of the Case for his just Defence requireth and wherein Council may with the Justice and Honour of this House be afforded him Secondly That there shall be no delay in Proceedings but all Expedition used according to their own desires Wednesday February 24th 1640. A Message from the Lords desiring a Conference by a Committee of both Houses touching the Answer of Thomas Earl of Strafford presently if it may stand with the Conveniency of this House Answer returned by the same Messengers That this House will give a meeting presently as is desired Mr. Solicitor Mr. Maynard Mr. Pym Mr. Reynolds Mr. Palmer and Mr. Hampden Are appointed Reporters of the Conference Mr. Solicitor Reports from the Conference That Yesterday was the day the Lords had prefixed for my Lord of Strafford to give in his Answer that accordingly he was there and had given it in and that this Answer which now they had delivered to the Commons was the Answer which the Earl of Strafford was to stand or fall by The engrossed Answer and a Copy of it were both delivered in by the Reporters and was desired that when the Copy was perfectly examined the Original might be delivered to the Clerk of their House Ordered That Mr. Speaker be here this Afternoon at One of the Clock and that the Earl of Strafford's Answer may then be read and considered of The same day in the Afternoon the several Articles of the further Impeachment of Thomas Earl of Strafford by the Commons were all read and to every of the said Articles the particular and several Answers of the said Earl were likewise read The Answer held three hours reading being above 200 sheets of Paper too long to be here inserted yet take an exact Abstract of the said Answer to the Articles exhibited against him which are as followeth Answers to 28 special Articles To the First Article he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir Iohn Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he
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
also the very same which were presented before in the Upper House Some gave the reason of this because the House of Commons had not heard those Accusations in Publick before Others that the formality of the Process required no less however that day was spent in that Exercise The Queen went from the House about Eleven of the Clock the King and Prince staid till the meeting was dissolved which was after Two The Lieutenant was sent to the Tower by his Guard and appointed to return upon Tuesday at Nine of the Clock in the Morning The crowd of people was neither great nor troublesome all of them saluted him and he them with great humility and courtesie both at his Entrance and at his Return therefore let Fame pretend what it please about the malice and discontent of the Multitude That if he pass the stroke of Iustice they will tear him in pieces yet there is more in Rumor than in Sight and Appearance and in this Report as in all others of this nature more is thrust upon the Vulgar who seem as well fearful of Punishment as exempt from it for all their great number than they did justly deserve at this time Monday March 22. 1640. Post Merid. The House of Commons spent the Forenoon in the first days Trial of Thomas Earl of Strafford in Westminster-Hall But in the Afternoon the House Ordered That in case the Earl of Strafford shall ask leave or shall have liberty given him to speak any thing by way of Defence before such time as the Members appointed to manage the Evidence shall enter into the managing of their Evidence that then they shall Interpose and if so be that notwithstanding such Interposition the Lords shall give him leave so to speak that then they shall forbear to proceed any further in the managing of their Evidence until they have Reported unto the House and received further Order from them Ordered That the House shall meet to morrow in Westminster-Hall as a Committee and that the House sit to morrow in the Afternoon at Two of the Clock Ordered That the Committee formerly appointed shall attend at the doors at the Entrance of the place prepared for the Committee of the House of Commons at the Trial of Thomas Earl of Strafford Tuesday March 23. 1640. Post Merid. Sir Philip Stapleton went up to the Lords with this Message To desire a free Conference by a Committee of both Houses concerning their joyning with this House to Petition His Majesty To disband the new-levied Irish Army Disarming the Papists Recusants and the removal of Papists from Court especially those formerly named viz. Mr. Walter Montague Sir Kenelme Digby Sir Iohn Winter and Sir Toby Mathew Sir Walter Earle and Mr. Reynolds are to manage this Conference and are to move the Lords to appoint a Petition to His Majesty and are to inforce their desire of removing the Papists from Court by that Circumstance of Mr. Walter Montagues appearing Yesterday before both Houses at the Trial of the Earl of Strafford Ordered That the House meet as a Committee in Westminster-Hall at Eight of the Clock and in the House at Two in the Afternoon which they are constantly to observe De die in diem during the Trial. The House does Expect that all the Members of the House should conform themselves to the Order made for Regulating matters at the Trial of Thomas Earl of Strafford and that the Committee appointed for that business shall complain of any that Conform not thereunto Wednesday March 24th 1640. Post Merid. Ordered That Mr. Treasurer and Mr. Comptroller move His Majesty That the Committees for the Earl of Strafford may have the perusal of Sir Edward Cook 's Pleas of the Crown Ordered That no Member of the House shall stand in the place appointed for the Earl of Strafford's Witnesses at the time of his Trial unless they be such as by the said Earl be required to be there as Witnesses Ordered That Sir Henry Mildmay move the Lord High Chamberlain that the door at the Entrance in at the Room appointed for those that manage the Evidence at the Trial of Thomas Earl of Strafford be kept shut and that there be some other passage for the Members to come into the House at and Captain Charles Price is added to the Committee appointed to Regulate matters at the Trial of Thomas Earl of Strafford Ordered That no Member of the House Confer with the Earl of Strafford during the time of the Trial. Thursday March 25th 1641. Post Merid. Ordered That the Committee appointed to manage the Evidence at the Trial of Thomas Earl of Strafford shall have liberty to proceed upon such Articles as they shall think most Important for the speediest expediting of the Trial and to contract and proceed in such manner as they shall think most expedient Ordered That the Committee for the Earl of Strafford presently withdraw into the Court of Wards to prepare Heads for a Conference to be desired with the Lords concerning the preventing of all Delays in the speedier expediting the Trial of Thomas Earl of Strafford Sir Iohn Culpepper Reports from the Committee that was appointed to draw Heads for a Conference to be desired with the Lords concerning the preventing of all Delays in the Trial of the Earl of Strafford to this purpose To Represent to the Lords the necessity of Expediting the Earl of Strafford's Trial in respect of the pressing Occasions of both Houses and of the Estate of the whole Kingdom which will be much interrupted and prejudiced by the Protraction of this Trial In this Consideration the House of Commons desired their Lordships that they would be pleased to prevent all unnecessary Delays which may be occasioned by the Earl of Strafford's impertinent Exceptions which as they will take up much time in Debate so they may occasion frequent Adjournments the which we desire their Lordships to take into Consideration that they may be avoided Resolved upon the Question That this shall be the Subject of the Conference Sir Io. Eveling went up to the Lords to desire a Conference concerning the Trial of the Earl of Strafford and Sir Io. Culpepper is appointed to manage this Conference Monday March 29th 1641. Post Merid. Sir Thomas Barington is appointed to go up to the Lords to desire a Conference by a Committee of both Houses concerning the Trial of Thomas Earl of Strafford This House doth conceive That the Examination of the Lord Primate of Ireland already taken is not to be urged in regard none of the Members of this House were present at the taking of it but the Examination of him provided that some of the Committee appointed to manage the Evidence at the Trial be present thereat this House will not oppose it saving their own Rights and in like cases the House leaves it to the Committee to proceed in such manner as they shall think agreeable to Law and Justice And this to be the Subject Matter of the
Conference and Mr. Whitlock is to manage it Friday April 2. 1641. Post Merid. Mr. Pym went up to the Lords to desire That such of their Lordships as this House shall have occasion to make use of in the Trial of the Earl of Strafford would be pleased to be present at the said Trial and by Name the Lord Treasurer Lord Admiral Earl of Bristoll Earl of Holland and Lord Conway be also named to the House with some other Lords that the House should have occasion to make use of namely the Lord Primate of Armagh E. Morton and Lord Newburgh Mr. Pym likewise nominated some Members of this House viz. Mr. Treasurer Sir William Pennyman Sir Iohn Hotham Sir Hugh Cholmly Mr. Henry Cholmy Mr. Thomas Price Sir Iohn Strangways Mr. Controllor Mr. Henry Piercy Sir William Envidale Sir Frederick Cornwallis Sir Henry Mildmay Mr. Nichols Mr. Fines Sir Thomas Heale Sir Thomas Barington Mr. Herbert Price a Note of these Names was given to the Serjeant at Arms attending on this House and he is Ordered to give Notice to the Members of the Lords to be present upon all occasions Saturday April 3. 1641. Post Merid. The Petition of Thomas Earl of Strafford was this day read and the like Order made upon it as was made upon the Petition of the 20th of March. Tuesday April 6th 1641. Post Merid. The humble Petition of Thomas Earl of Strafford was read and the same Order made upon it as was upon that of the 20th of March. Friday April 9th 1641. Post Merid. The Lord Russel is appointed to go up to the Lords to desire a Conference by a Committee of both Houses concerning the Proceedings in the Trial of Thomas Earl of Strafford The Heads of the free Conference to be to this effect To acquaint the Lords with the great Necessities of the Kingdom the Pressures of the Time and how much time has been spent in this Trial How prejudicial it will be to the Kingdom if any more then has been be spent and therefore to desire that to morrow may be appointed for a Peremptory day for the Earl of Strafford to be heard if he will come otherwise that the Committee of this House may proceed to the Replication to the whole matter and the Earl of Strafford to be absolutely concluded for saying any more to the matter of Fact Mr. Pym is to manage this Conference and Mr. Glyn and Mr. Hampden are joyned unto him as Assistants Mr. Pym acquaints the House That he hath delivered to the Lords what he was intrusted with by this House concerning the Trial of Thomas Earl of Strafford They gave no other Answer then that they would send Answer by Messengers of their own A Message from the Lords by Baron Hendon and Mr. Heath That the Lords have taken the last Message to this House into Consideration and have Resolved That if the Earl of Strafford come to morrow he may proceed according to the former Order if he comes not that then this House may proceed to Sum up the Evidence as to matter of Fact and the Earl of Strafford to be concluded as to matter of Fact Saturday April 10th 1641. Post Merid. Mr. Glyn Reports from the Committee for the Earl of Strafford some Grounds concerning the further Evidence that is offered by the Committee to corroborate the Evidence upon the latter part of the 23. Article And thereupon Sir Henry Vane the younger and Mr. Pym are appointed by this House to declare their whole knowledge concerning the matters contained in the 23. Article against the Earl of Strafford and how and by what means they came to the knowledge thereof which when they had done what Paper was produced by Mr. Pym and so much of it read by him as concerned the Earl of Strafford And then it was Resolved upon the Question That the Paper whereof Mr. Pym had now read in part shall be all of it read which was done and Notice being given of a Message from the Lords It was Ordered That all the Members keep their Seats and go not out of the House without leave Resolved upon the Question That the Bill of Attainder of the Earl of Strafford of High Treason shall be now read And accordingly the Bill was twice read Monday April 12. Post Merid. The Heads of a Conference to be desired with the Lords touching the Proceedings against the Earl of Strafford 1. The Narrative of the Evidence the Committee intended to have given on Saturday last concerning which they resorted to the House of Commons for further Direction to which Evidence two Members of this House were ready to depose The House fell into a great and long debate of the second Head And in the mean time Mr. Hampden went up to the Lords with this Message to signifie unto their Lordships That this House is now in Debate of a business of great Importance which they do intend to Communicate unto their Lordships but are not yet fully ready for a Conference and therefore they do intreat their Lordships would be pleased to sit a little while and they hope they shall come up very suddenly unto them The Earl of Strafford's Committee who retired to prepare the Second Head after some stay returned and presented this following to the House for a Second Head which was read and allowed of by the House viz. 2. That the House having taken Consideration thereof did conceive it very material that in regard of the Danger and Distractions of the present Times and that what time might be spent in Debate touching the admitting of the Evidence they Resolved to come to a general Reply setting aside that Evidence for this time saving to themselves their Rights to make use of the said Evidence for the farther Prosecution of the 23. Article if their Lordships shall be unsatisfied concerning the same without admitting the said Earl of Strafford to examine upon any of the other Articles which the House doth do to the end that the business might come to some speedy Conclusion the loss of time being of extream Danger and ill Consequence to the Common-wealth as they conceive Mr. Hampden brings Answer That the Lords will sit a convenient time 3. The third Head That upon occasion of discovery of this Evidence a Paper was read in the House whereby it did appear that at the same time when the dangers abroad were spoken by the Earl of Strafford touching the bringing the Irish Army into England other words were spoken by two others then present descyphered by those Letters L. Arch. and L. Cott. by which We conceive is meant the Lord Archbishop of Canterbury and Lord Cottington very full of Pernicious Counsels to the King and Slander to the Commons Assembled in the last Parliament as will appear if their Lordships will be pleased to hear the Papers read which Paper the Committee is commanded to read and leave it to their Consideration and to desire that their Lordships will take some course that it
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
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
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
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
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
words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Councel of War and judges his Lordship to death My Lords It is no wonder that he would make the Kings little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the Kings Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishops Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the Kings Customs and a Rent of 1350 l. is increased to the Crown But it will appear to Your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Straffords Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Dukes Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London Derry and Colerane in the Dukes Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized accordingly yea their Houses broke open and their Goods taken away and brought to my Lord of Straffords house where they were employed in his works The like we shall instance in Tobacco 15. Next we shall shew to Your Lordships how he hath levied War upon the Kings Subjects We opened in the beginning what an Arbitrary Jurisdiction he set up here we shall shew how he used it by a meer course of Enmity and Hostility For My Lords this was the course If a Decree or Order were made by him and not obeyed he issues a Warrant to the Sergeant at Arms to go to the next Garrison and take Soldiers with an Officer and carry them to the House of the party in question it is no matter where it was but to the House of them that were pretended to be disobedient they were to go If the Decree had been to raise so much money or to put parties in possession In plain terms the Soldiers were to lye like Free-booters and Enemies on the King's People to eat them up They have killed their Sheep their Oxen and they have lain not on the parties only but on their Tenants till the party comes in and renders himself They have burnt their Houses taken their Wives and Friends and carried them away till Obedience was rendered and this is a levying of War upon the King For the King and the People are both so united in Affection and Right of Law that there cannot be Violence offered to the King but it redounds to the People nor can any Oppress the People in this sort but it redounds to His Majesty Besides it is contrary to a Law of that Kingdom whereby it is Enacted That if any person shall assess Horse or Foot on any of the Kings People without their consent it is High Treason The next thing we shall go to is the Favour he shewed to the Papists in their Compositions and Exemptions from all penalties of Law for they were expresly not to be proceeded against nor to be Convicted and so that which hath influence into Religion and Reformation is quite taken away and nothing but matter of Profit is left The next Article is that that concerns the Kingdom of Scotland First he begins with them in Ireland contrives an Oath which is set forth in the Articles That they shall obey the Kings Royal Commands without exception This he enforceth by Fining and Imprisoning them that disobeyed him And so in all the other particulars when his Proclamations were broken his course was by Fine and Imprisonment to enforce an Obedience My Lords He doth not only press them in their Estates but strives to infuse into His Majesty an ill Opinion of them he provokes and incites Him by all his Arguments to lay down his Mercy and Goodness and Justice and to fall into an offensive War against that Kingdom He gives out that
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
Lordships satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the Subversion of the Laws of the Kingdom That is prest as Treason and this as an Evidence That for the second Commission it follows as the other if he procured the one he is guilty as if he procured both it being the same Power still THE Second Article The Charge THat shortly after the obtaining of the said Commission dated the 21st of March in the Eighth year of His Maiesties Reign to wit the last day of August then next following he the said Earl to bring His Maiesties Liege People into a dislike of His Maiesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the Administration of Iustice according to Law and in the presence of the Iustices sitting That some of the Iustices were all for Law and nothing would please them but Law but they should find That the Kings little Finger should be heavier than the Loyns of the Law WE are come now to the second Article touching words spoken of the King That the Kings little Finger should be heavier than the Loyns of the Law For that we desire to produce Witnesses and they will shew how my Lord of Strafford is mistaken in his Answer Or if he says true As he slanders the King in one sense so he slanders the Law in another Witnesses produced William Long Sworn and interrogated What words he heard my Lord of Strafford speak concerning the comparison between the Kings little Finger and the Loyns of the Law On what occasion Where and at what time Answered When Sir Thomas Leyton was Sheriff of York-shire 1632. as he takes it My Lord of Strafford being there he heard his Lordship say these words That some nothing would content but Law but they should know The Kings little Finger should be heavier than the Loyns of the Law And this was spoken in the place where the Judges sate in York-Castle at the Assizes that year The occasion he knew not but it was publickly spoken and as he thought my Lord did not then sit on the Bench but stood at the Barr. Sir Thomas Leyton was Sworn and being thick of hearing the Manager was directed by my Lord Steward to interrogate him to the effect aforesaid Who Answered My Lord said Some would not be satisfied but by Law but they should have Law enough for they should find the Kings little Finger to be heavier than the Loyns of the Law His Lordship being on the Bench then with the Judges at that time and abundance of the Country being there then at Lammas Assizes at the Castle-Bench And he thinks it was 1632. or 1633. but he knew not the occasion Marmaduke Potter having been examined as a preparatory Witness and since being deceased it was desired his Deposition might be read The Lord Steward declared That the Examinations of those preparatory Witnesses should be read in case any should be dead To prove Marmaduke Potter's death Thomas Harrison was Sworn Being interrogated what he knew concerning the death of Marmaduke Potter Answered That since his coming out of York-shire he heard a report from his Neighbours that M. P. is dead and buried That he the Deponent lived a Mile from the said Marmaduke Potter which is Ninescore and Ten Miles from this place but he heard no particular of the day of his burial The Examination of Marmaduke Potter Gent. taken Ianuary 1640. to the 10th and 11th Inter. He saith That about eight years since when Sir Thomas Leyton was Sheriff of York-shire he heard the Earl of Strafford make a Speech publickly at the Bench at Summer-Assizes and he said then That the Kings little Finger should be heavier than the Loyns of the Law I know not whether it were material for me to Answer this or no but as the Charge is laid it is impossible I should be guilty of the words For it is laid to be the last of August next following the 21st of March in the Eighth year of His Majesties Reign which falls out to be when I was in Ireland But I desire not to stand on such Niceties but that Truth may appear The words confessed in my Answer are quite contrary being That the little Finger of the Law was heavier than the Kings Loyns And that I set forth in my Answer and the occasion of them which these Witnesses do not or else will not remember The occasion was this There came divers Levies in the year when Sir Thomas Leyton was Sheriff for divers great sums of money for issues in the Knighting-business on some that had compounded and paid their money to me the Receiver of that money then and by me answered in the Exchequer yet these Issues came down through some Errour above and were levied with very great rigour by Sir Thomas Leyton When I came down I spake with Sir Thomas Leyton and shewed him how the men were injured and did desire him to return the money to them again and I would see him discharged in the Exchequer which he was contented to do And then to give satisfaction to the Country I told them That that Commission was a Commission of Grace and Favour and that their Compounding with the King was an ease to them and much greater ease than by a proceeding at Law would have fallen on them the very first Issues being three or four times more than they had compounded the whole for And thereupon I applyed that Speech That the little Finger of the Law was heavier than the Loyns of the King For if I should then have fallen to threaten them I had spoken contrary to the end I had proposed which was to incline them And further that not one of the Witnesses spoke any thing to the occasion of the Speech That it is long since and was never yet complained of and that man must have a stronger memory than I that will undertake to swear positively the very words spoken seven or eight years ago And under favour he ought to have better Ears than Sir Thomas Leyton who appears to have such an infirmity in hearing that he must now be whoopt to at the Barr before he can hear and sure his sense of hearing is much decayed else he could not have heard me speaking at that distance to the place where the Sheriff sits in an open place as far distant as from the Barr where I now stand to my Lord Steward or very near Dr. Duncombe being asked Whether he came accidentally to York that day and what he heard the words repeated to be He Answered He came from
he stood within little distance of my Lord when he spake the words and hath not been deaf above two months and two other Witnesses concur fully with him For Doctor Duncombe whether he be the man that laid Aspersions in the North on some Noble Lords I know not but his Testimony only is that he heard so from one that spake it at the Table not upon Oath and not knowing what use would be made of it And another Witness shall be produced that will speak to the occasion and that it was not the matter of Knighting-money Sir Thomas Leyton being asked how long he hath had this Infirmity in his hearing Answered That he got a great Cold since he came to Town and had this Imperfection since Christmas and had his hearing well before Being asked how far he sate from my Lord of Strafford He Answered Four yards off My Lord of Strafford desired it might be asked the Witness Whether he sate on the Seat where the Sheriff uses to fit he answered Affirmatively His Lordship excepted against his Testimony himself sitting where the President uses to sit betwixt my Lord Chief Baron and Mr. Justice Vernon And he Appealed to my Lord Chief Baron Whether the Presidents Seat and the Sheriffs Seat be not as far distant very near as far as from his Lordships then station to the Lord Steward But the Committee observed it not to be material that there should be any Geometrical measure but be three four five six or seven yards off Here the Committee offered other Witnesses but my Lord of Strafford desired their Lordships Judgment Whether they should not bring all together which the Lord Steward declared they might as to this Point Sir David Fowles being produced was excepted against My Lords He is no competent Witnesse he lying in the Fleet on a Sentence in the Star-Chamber at my Suit being fined for divers things he had said which concerned my self which depended on this in question and conducing to it He comes not at his own Request or Suit but in a Suit that concerns His Majesty and the Commonwealth and might offer the Presidents own Rule in the Case but that the Law speaks for him that a Witness ought to be heard in this Cause though there have been particular ill affections between them and your Lordships well know how to compare him with other Witnesses and to value him accordingly This hath been Resolved in the Case of Sir Pierce Crosby that he should be sworn and then value his Testimony as the Lords shall see Cause and this may be put into the same way Sir David Fowles being sworn the Lord Steward put them in mind of the former Caution that their Lordships would judge the value of his Testimony the Committee not admitting what was excepted against him he being not to obtain any thing for himself nor his own Interest concerned but produced for the King and Commonwealth and therefore an indifferent Witness in the Case And then being Interrogated touching the words of Comparison between the King 's little Finger and the Loins of the Law whether he heard them and the occasion Sir David Fowles answered He heard him say the very same words That there were some for Law and nothing but Law but the King 's little Finger should be heavier on them than the Loins of the Law The occasion he cannot well remember but there was some discontent taken by my Lord against him he being desired by a Messenger to levy Mony to mend a Bridge he told the Messenger He could not well do it of himself for there was a Statute as he took it 24 H. 8. that appoints four Commissioners to be at the doing of such Service and he being but One durst not undertake to do it Besides he said He must see an Order or Warrant from the Sessions else he could not do it and none was shewed Some other Exceptions he took to the unlawfulness of the business and the Messenger reported this to my Lord and that he conceived was the cause my Lord broke out so violently against him But being Interrogated on what occasion the words in question were spoken He answered Before my Lord went to Ireland he made a Speech to the whole County and desired them to go on in their Service and so brake out Some are all for Law but they shall find the Kings little Finger heavier on them than the Loins of the Law And this is all he can remember Sir William Ingram sworn and examined touching his knowledge of these words Answered That he was on the Bench at that time Sir Thomas Leyton was Sheriff and he heard my Lord speak these words Some of you are all for Law but you shall find that the King 's little Finger is heavier than the Loins of the Law but he doth not remember the occasion The main point I must insist on is That the very words if they had been spoken by me as they are laid concerning which I call God to witness I have spoken the truth and the occasion It is no Treason within the Statute And that being a point of Law I crave leave to reserve my self according to your Lordships Order that my Counsel in time fitting and proper may speak as concerning that in point of Law We shall close this Article the last thing mentioned by his Lordship was spoken to before as to the words we had five Witnesses express in the Point and therefore shall expect your Lordships Judgment in that And so the Court was adjourned The Fourth day Thursday March 25. 1641. THE Third Article The Charge THat the Realm of Ireland having béen time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and governed by the same Laws The said Earl being Lord-Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the Subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased And speaking of the Charters of former Kings of England made to that City He further then said That their Charters were nothing worth and did bind the King no further than he pleased I Humbly move your Lordship That since diverse things were spoken by the Witnesses Yesterday which
had the fortune to have all the Examinations whereupon they proceeded and looked over them all and now I protest and call God to witness not any way as making to me I found the said Lord to have proceeded as Honourably Justly and Nobly to his understanding as any man could do and yet was decryed as much as any man could be And so I beseech Your Lordships to consider me the Kings Servant and that in the Administration of the Commands and Justice intrusted with me I had occasion to give offence to many and that it hath been the ill fortune of those that have been Governours there when they have left the Government not to be so well reported as otherwise they might be Besides There is nothing in this Charge can possibly amount to Treason admit all to be as it is laid though perhaps to a Misdemeanour That if it be no Treason it will fall to be but Misdemeanour and then I conceive it stands with the Justice and Practice of this Court to allow Councel and Witnesses which I am debarred from by the involving me under the general Charge of Treason and having no further time to prepare then since Friday last That though before I durst not say Your Lordships were bound by Rules of any Judicature but stood to Your own Honour and Nobleness and were a Rule to Your selves and herein I take Your Lordships to witness yet since the Gentlemen at the Barr have prest the rules of other Courts I desire leave to offer That in all ordinary Courts of Judicature that ever I heard of where the Criminal party doth Answer and that Answer is not replyed to nor he admitted to make his proof the Answer of the party is taken and confest from which universal Rule of Justice no man can shew him a transgression And therefore since I cannot be admitted my proofs it being impossible to fetch Witnesses out of Ireland since Friday last my Answer I conceive ought to be admitted and the Charge taken as I confest it not as it is on proof Saving to my self that I said I would go on to give the best Answer I could on a suddain professing That if I had had time I am confident through the mercy and goodness of God and the Innocency of my own heart I should be able to clear my self of Treason the greatest Crime between man and man towards His Majesty and towards his People my heart being innocent of it and never having suggestion or thought but for the Greatness and Honour of His Majesty and the Prosperity and blessed Estate of His People all the days of my life and ever desiring the best things and never satisfied I had done enough but did always desire to do better but also of all other foul Crimes of Injustice or Oppression Errours I may have many perhaps my Tongue hath been too free my Heart perhaps hath lain too near my Tongue but God forbid every word should rise up in Judgment against me If every word that 's spoken amiss should be observ'd who is able to endure it for words spoken ten twelve eight or nine years ago to be brought in Judgment of me is a very heavy Case and I beseech your Lordships to turn the Case inward and to tell me if it be not a hard Case to be put upon such an Examination I shall observe further that words ought to be charged within a certain time by the Proviso in the Stat. in E. 6. time they must be brought in question within 30 days as I take it which Proviso stands good in Law but I go now into a Learning that God knows I have little skill of to this I desire my Councel may in due time be heard to open and Plead In the mean time I desire to say that if popular actions must be concluded within a year or two at the most sure words should be questioned within a less time I shall proceed to maintain the truth of my Answer That Ireland is not governed by the same Laws that England is and for that I shall read a few words in my Lord Cooks Learning which God knows I understand not it is in Calvins Case where the words are So as now the Laws of England became the proper Laws of Ireland And therefore because they have Parliaments holden there whereat they have made divers particular Laws as it appears in the 20 H. 6. 8. and 20. and in Ed. Dyer 360. And for that they retain to this day divers of the ancient Customs the Book of 20 H. 6. holds That Ireland is governed by Laws and Customs separate and divers from the Laws of England Therefore in all things belonging to my Charge that came out of Ireland I hope Your Lordships will take along with you the consideration of the Customs and Practices of that Kingdom and not judge me according to that which hath been the Custom and Practice of the Kingdom of England In the second place I come to the words of Ireland being a conquered Nation The words laid in the Charge being that I should say That Ireland was a conquered Nation and the King might do with them what he pleased And first I should do extreamly ill to the Honour of the English Nation and to the memory of divers of Your Lordships Noble Ancestors if I should not both say and think that Ireland is a conquered Nation when here 's mention made in the Laws and in the Acts of State of English Rebels and Irish Enemies certainly there is something in that for till the Kings of England gave them the advantage and benefit of the Laws of England it is well known they were held Irish Enemies and so termed and stiled in all the Records one shall meet withall in these times And that it was a conquered Nation I have very good Authority in the Statute made 11 Eliz. at the Attainder of that famous Rebel Shan Oneale In one part of which it is said That all the Clergy of the Realm assembled in Armagh at the time of the Conquest c. See the Statute Is it then so much for me to say what 's in the Act and is it not for the Honour of the English Nation to say it and it must be said to the Worlds end for 't is a truth And therefore there is no cause it should be taken so hainously or heard with so much displeasure and if I displease for telling the truth I cannot help it He reads another part of it viz. And therefore it is to be understood that King Hen. 2. the first Conqueror of this Realm c. And so it hath been acknowledged in all stories and times and many an English man hath spent his blood in it whose Posterity will be ashamed to view it other than as a conquered Kingdom Nay I believe many Noble Persons are yet living that have bled for it and will take it ill if it be termed less than a Conquest in them
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
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
according to the Power of former Deputies yet not to meddle with Titles of Free-hold except in Cases of Equity but to refer Title of Free-hold to its proper Judicature and not to hear Causes where there is Priority in other Courts unless in case of Appeal for lack of Justice after due Obedience Power likewise the said Rules observed to call before him any person complained of and therein to make such Order and Decree as shall stand with Justice and to cause the same to be put in Execution Dated October 5. 9 Car. He then offered the first Decree in the Cause to be read that had formerly been read having relation to this bearing date May 23. 1636. And the same was read being Signed Wentworth Gerard Lowther c. Whence his Lordship observed That the Order was made for Relief of a poor man where my Lord of Mountnorris had by Violence and extream hard pressure possest himself of Lands worth 200 l. a year never paying out of his Purse above 30 l. the rest arising on a Letter procured for Sawing Mills and by interest at above 20 in the hundred wherein his Lordship had the Assistance of two Reverend and Learned Judges the Chancellor that now is and Sir Gerard Lowther That the Decree is in every part just and equitable and if he had not given relief he had been justly censured That the party is now in Town and means to complain and Sue for 600 l. more than he is yet allowed The Committee declared they insist not on the merit of the Cause as not being material And so my Lord of Strafford observed That he stands justified by the Kings Letter which makes things differ from what they did formerly and shew that the Power was there before and is now restored His Lordship further added that his Practice in exercising Jurisdiction was conformable to that Letter viz. That he medled not with Title of Land triable at Law nor with Causes which had priority of Suit in other Courts That he referred the business of the Provincial Courts to these Courts and many businesses to the Judges of Assize and none determined by him but upon full Hearing and Assistance of the Judges And whereas it is said my Lord Mountnorris was kept in Prison by reason of not Suing out the Pardon on his Sentence pronounced by the Council of War I will make it appear it was for Contempts in refusing to answer a Bill Exhibited against him on the Kings behalf in the Castle-Chamber Mr. Slingsby being asked touching that point Answered That he did constantly wait on my Lord to the Castle-Chamber and there heard the Information of the Kings Attorney against my Lord Mountnorris read and my Lord Mountnorris was called to Answer it several times and was committed to Prison for not Answering it but he cannot precisely speak to the time but he thinks he was left in Prison upon that till my Lords going into England Sir Adam Loftus asked touching the same point did first make his humble Suit that he might not be Examined in any Cause concerning my Lord Mountnorris for some reasons inducing him thereunto Which my Lord of Strafford said was because Sir Adam succeeded my Lord Mountnorris in the place of Vice-Treasurer and being required if that were all to speak notwithstanding He Answered That he conceives he was Committed for not answering the Information but the precise day of his Commitment and the time how long he cannot well remember Being asked whether he was not brought before the Deputy a day or two before he came away and refused to Answer and was thereupon Committed He Answered That it was true Being asked on the Managers motion whether he was not Committed on the old Sentence and remained in Prison on that He Answered That he doth not know If I had time to produce the Orders of the Castle-Chamber I could make it appear when my Lord Mountnorris was Committed and how long he continued so but he was Committed for that Contempt and remained Committed six Months I think before he would Answer which I would not speak if it were not true The Lord Dillon called and asked to the same purpose He Answered That the Judges of the Castle-Chamber are by Commission and that he is not of that Commission That the Deputy or Chief Governour calls by way of Assistance such as he pleases That he heard at Council-Board my Lord Mountnorris was Committed for a Contempt in not answering in the Star-Chamber but when it began or how long he knows not In Execution of this Jurisdiction I had no private advantage to my self nothing but trouble was gained by it no new thing was done but such as was formerly by all the Chief Governours there and such as I had special Warrant for from His Majesty I have observed the Rules that guide others in Chancery and other Courts of Equity and the Judges in their Circuits Therefore it can be no Subversion of the Laws for the same thing done by others hath been Legally done it differs only in respect of place being before my self and so cannot be Treason And though it might be Illegal here yet it is according to the Laws and Customs of Ireland by which I am to be judged for all things there done And the same is done by the Presidents of the North and of Wales who did familiarly receive Petitions from Poor people that cannot seek remedy by a Legal course and yet it is not Treason in England And it cannot sink into my understanding how the enlargement of a Jurisdiction should be strained to High Treason specially being warranted by ancient Practice and modern Authority being only according to the nature of a Court of Requests and not entrenching on the Jurisdiction of Law Courts And so I hope this will never rise up in Judgment against me as Treason either in it self or by way of Application The Manager began his Reply in substance as followeth Whereas my Lord of Strafford says This is not Treason this is the burden of his Song But this is one of the particulars that prove his design to subvert the fundamental Laws of both Kingdoms He will not acknowledge a cumulative Treason he must have a Treason over Shooes and Boots yet if he will look on it all together he shall see the horridness of it and it will prove as great a Treason as ever was presented to a House of Parliament The Manager opened the Article and said they dispute not whether if it had been done in Chancery or other Courts it had been well done but it is done by him without Rule of Law and hereupon he hath drawn to himself an Arbitrary Power Whereas my Lord of Strafford to take from himself the Act of Parliament 28 H. 6. enjoyning That Causes should be referred to the proper Courts urged the last words Saving the Kings Prerogative We do observe That when he is Charged with an Exorbitant proceeding
to the destruction of the Law he flies to the Kings Prerogative for shelter That to mention the Kings Prerogative in the face of the Peers of the Realm and in presence of all the Commons when he is charged with an Exorbitant proceeding to the Subversion of the Laws is but to cast a Scandal upon the Kings Prerogative and to make it have a worse relish whereas the Law supports the Kings Prerogative and the Subject supports it When his Answer is charged not to be according to Truth he casts a Gloss upon it from the easiness of his being mistaken whereas when he is able to justifie it he glories in it as that whereto he must stand or fall That the Letters Patents which my Lord of Strafford produces rise in Judgment against him for the King hath trusted him ad custodiendas leges Regni and therefore if he hath broken through them he hath broken his Trust. He says It is strange the exceeding of Jurisdiction should be laid to his charge as Treason He is charged with the Subverting of the Law and that 's more than the Exceeding of a Power He read the Instructions to warrant his Act and by these the Commons desire to be judged whether they do not in the Negative say there shall be no such Proceeding before the Deputy and yet he will imply there have been proceedings to the contrary which we cannot see He justifies his Proceedings by former Deputies and hath produced Henry Dillon who hath seen several Proceedings in Sir Henry Bagnalls time and others where Orders have been made by the Deputy alone but the Orders themselves are not brought whereas if they were looked on and consideration had what results out of them their Lordships would not have suffered them to be read without Attestation that they were true Copies But now whether they be entred or no or what other Proceedings there were the Witness doth not know and therefore they are no Evidence nor in truth ought to be offered And the Witness being asked what the Orders were he says one was a Reference and whether Witnesses were examined he says he doth not know He produces my Lord Dillon and we offer to be adjudged by him for he says He knew not any Deputy before my Lord of Strafford that hath intermeddled with matters of Land except in Plantation and Church Causes and this Order is charged to be made by him alone He pretends this is a Court and a Prerogative of the Sword We know not whether my Lord of Strafford intends to keep it by force but whereas he produceth a Commission for giving Oath to the Clerk of the Council this Commission needed not if it were a Court for the Court it self would give an Oath and whereas he mentions it to be in the nature of the Court of Requests we would gladly know whether there be not Authority in the Judge to give an Oath He produces several Orders in my Lord of Faulkland's time The first is expresly for Plantation Lands and there was no determination in Equity or otherwise The second Order he produced in my Lord Faulkland's time was a meer Green-cloth Case and nothing to this purpose The third Order produced was in a business recommended from England to my Lord of Faulkland and such Causes as are out of the Instructions excepted The Order in the Lord of Corke's time was but an Order of Reference to the Archbishop and a Reference is no Determination a private person may do as much So that we observe nothing hath been offered to prove that a Deputy alone hath determined matter of Possession and in this we rest with confidence That none ever did before himself and shall therefore desire the Examination of some Privy-Counsellors He produced a Letter from His Majesty to proceed in such Causes But if by Law it ought not to be then a Letter and Authority derived thereby is void and warrants not Proceeding in the Subject the Letter was as just as might be being obtained on his Information to whose Government and Trust His Majesty had committed the Kingdom and if he mis-inform he must Answer it And the Letter is written with caution giving Authority to proceed in matter of Equity as former Deputies had done and if it be not proved that his Predecessors had used such Proceedings where is his Authority He says he hath proceeded according to the direction of the Kings Letter that is he never determined Title of Land but in Equity and when such Causes have come to him he hath referred them to Law which we are forced to disprove that by offering it under his own hand that whereas a Nobleman of the Realm my Lord of Baltinglas had mortgaged to Sir Robert Parkhurst for 3000 l. Land of a 1000 l. year when Sir Robert had Title at Law and might as Mortgagor have entred after the day past Sir Robert prefers a Petition to my Lord of Strafford himself and he without the Council determines the Possession and takes it from the Mortgagee and afterwards he purchases the Lands himself and letts them for 680 and odd pounds a year For my Lord Mountnorris his Imprisonment the Manager said That when his distressed Lady the Mother of Twelve Children Petitioned His Majesty declaring the great Distress her Husband suffered by the Tyrannical Power exercised over them His Majesty like a Gracious Prince referred it to the consideration of the Deputy That on submission he should deliver him out of Prison But when the poor Lady presented it with Tears in her Eyes and cast her self at his Feet though there was a Reference from His Majesty yet he that would at another time shelter himself under the Kings Prerogative refuses to give so much Respect as to entertain it and when the eldest Son came refused to accept it Another of the Managers added That whereas there is a restriction in the Kings Letter That the Earl of Strafford should not meddle with any thing in other Courts they would shew that after two Decrees in a Court my Lord hath on a Petition Decreed quite contrary and it was no Beggars Cause but a Knights and 5000 l. value That to the Kings Letter they will give all Reverence But if my Lord of Strafford had found such a constant practice to be proved he needed no Letter to set up the Jurisdiction that was in him before That this Letter under the Signet can give no Countenance against an Act of Parliament which Orders That the Deputy shall not meddle with Causes but remit them to their proper Courts and no other Exposition can be given of the saving of the Kings Prerogative but only a reservation of His Liberty to Sue in any Courts And for him to seek by mis-information to procure a Letter from His Majesty for a Power not warrantable by Law he conceives it an Abuse of His Majesty and that makes his fault the greater and he instanced in the Marquess of Dublin who for procuring
way-layed the People and took away their Yarne and Cloth and seized on what the Merchants had bought III. When any came to the Markets they went to the Houses of poor people and took up the Hutches where their Cloth lay and seized on all leaving not so much as to cover their Nakedness IV. They took away all the poor peoples Iron Pots on pretence of another Proclamation so that on this great Cruelty which exceeded Pharoes the poor Children were forced to go into the Fields to eat Grass with the Beasts of the Field where they lay down and died by Thousands If it be deny'd it will be proved by Twenty Thousand and the Iudges of Assize c. procured my Lord Lieutenant to Recall all the foresaid Proclamations Mr. Fitzgarret being Interrogated as to the Value of this Commodity to the Kingdom of Ireland He Answered That he hath known the Province of Ulster and had occasion to converse with the best of it for 24 years last past That he was for 8 years imployed in the Circuit for these parts and observed the Natives made a very great Commodity of Yarne and Linnen-Cloth That he may safely call it the Staple-Commodity of that part of the Kingdom That the Merchants buying their Yarne and transporting it to Lancaster it was a very great Commodity and many lived on it That the Proclamation and Execution of it as he was informed by a man of very good rank Impoverished the whole Province especially the Irish Natives of whom few have Lands or Estates but live as Tenants and the Lands there not yielding Wheat or Barley in abundance as other Countries they convert the best Lands to the sowing of Flax and make a very great Commodity of it That he had continual conference especially in Term-time with the best in those parts and especially Mr. Robert Braithwait Agent for my Lord of Essex and Dr. Cook of whose two Towns one is supported by this Commodity and Dr. Cook said there hath been a hundred pounds worth of Yarn in a day sold and bought in that place and by this means the Markets are wasted the People impoverished and that he the said Dr. Cook thinks in his Conscience many thousands are famished by the scarcity of Money that ensued on the seizing of this and the extremity was such that one of the Deputies of those mens authorising went into the house of a Scotchman in the parts of Ulster himself being in England or Scotland would open the Chests and used such cruelty that they thrust a stick into the Womans throat and she died of it and the man was tried for it as he was informed And so Mr. Maynard concluded the Charge supposing it to be sufficiently proved After a little respite my Lord of Strafford made his defence in substance as followeth That in this Charge he hears something tending to Oppression but nothing at all towards Treason for which he is only to answer That the intention of these Proclamations touching Yarn was certainly very good and he thinks the power very lawfully executed being but temporary to take away an abuse and make it better for the Common-wealth That he conceives not how these Proclamations should be particularly laid on him for he hath very good company goes along with him being set out by the Deputies and Council and affixed to them the Hands of my Lord Loftus the Lord Primate the Archbishop of Dublin Earl of Ormond Lord Dillon Sir Adam Loftus the two Chief Justices and others That he had rather answer all than impute any thing to any body else but he believes their Lordships will conceive he is not particularly answerable for things done by the advice of the Council as for the best That he conceives they had power to issue these Proclamations as in other things was frequent as in Drawing by the Horse tail burning the Straw and so taking the Corn from it to bring them from these Irish Customs to the English Manners So in this that their winding of Thread might be brought off with more conveniency as being of so much more value for the unwinding was as much trouble as the thing was worth so that the authority was lawful and well executed in the granting of it He craved leave to tell their Lordships wherefore it was being desirous to regulate this business more than any other thing whatsoever And it was out of that Duty and Service he did and ever should owe to the English Nation however for the present he may not be thought one he had those affections and shall have to his death to wish the Kingdom all prosperity and happiness in all the parts of it That at his coming over he did observe the Wooll of that Kingdom did increase very much that if it should there be wrought into Cloth it would be a very great prejudice in time to the Clothing trade of England and therefore he was willing as much as he might lawfully and fairly to discourage that Trade That on the other side he was desirous to set up the trade of Linnen cloth which would be beneficial there and not prejudice the trade of England But it was extreamly to his loss for he says he lost 3000 l. and the Stewards Chamber being searched and it appearing so the Accounts were delivered back again so that he conceives they had lawful power so to do till a Law might make it more certain and setled and then he is answerable for nothing in all the rest because the execution was nothing to him and the abuses of the Officers he is not to answer for of whom Croky was the principal Executor and if there was an Offender he is the greatest Offender himself and my Lord Rainalaugh tells their Lordships plainly and truly that upon complaint of the ill execution of it it was absolutely recalled and that within two years so if it were a fault he was not incorrigible but willing to amend it on the first notice For the Warrant there is nothing proved of any thing amiss in him but it goes only to second the Proclamation and that there should be assistance in the due and just execution of it only it says the Yarn shall be brought to Dublin there to be disposed of as he should direct but there is no proof of any brought to him only my Lord Rainalaugh mentions a Cart-load brought to Dublin as the fellow told him and Croky says some was brought to Dublin but he knows not how much and it was converted partly to his use partly to Carpenters but he is a single witness whereas my Lord Rainalaugh says there was taken at Athlone as he was told a Cart-load of Yarn and Sir Iohn Clotworthy says they starved by multitudes in Ulster my Lord of Strafford said he could not conceive how so little a quantity taken in Conaught should be an occasion of starving multitudes in Ulster nor the small quantities taken by Croky but if there were so
For I. He hath heard it said That the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governor For these words No Lord or any other of what condition soever c. Must imply a condition of a Lord or one under a Lord not a condition above a Lord as the Chief Governor is II. He shall not lead or bring He hath neither brought nor lead them into Action for the Sergeant at Armes hath done it though under his Warrant III. It speaks of bringing English Rebels or Irish Enemies or Hooded Men Hoblers Kernes c. But that sending of the Kings Soldiers to apprehend and attach such Refractory Persons should be within the Statute is a Stretching of the words of it very far IV. Notwithstanding this Law the Chief Governor hath alwayes used to assess Soldiers and Practice is the best Interpreter of Lawes and yet his acts have not by this Statute been concluded Treason since they have Compounded for it and they pay a great Rent The Composition Rents paid for their discharge from the assessing of the Army being one of the greatest Revenues before his coming there And if their Lordships will have it proved there be few of the Irish but know it And in Conaught the King may take or leave as he pleases Though he shall not insist on it as desiring never to depart from their Lordships Judgment nor thinking himself more safe in any other therefore freely and voluntarily he puts himself under their Lordships Censure for his Life as for his Death But if he should insist on it admitting all this That it was a Treason by the Statute-Law of Ireland yet he is not Tryable for it here But he makes no use of it to that purpose but had he a Thousand lives he would humbly lay them every one at their Lordships feet He added That it is a very heavy Case that such old Laws as these should be started in this manner when the Practice hath been quite contrary and Kindled to destroy him and his Posterity at a Blow But he trusts God Almighty hath provided better for him by their Lordships Favour and Justice For though the Gentlemen at the Bar are much more Learned than himself yet it may be they are not so well Read in the Irish-Statutes as they be in the English Besides he is most confident he shall make it appear that Statute is Repealed And if it falls in his Judgment their Lordships he hopes will find he had Reason to think what he shall offer might be available and that their Lordships will not be offended if he mistakes the Law and this as in other things he desires the Advantage of by Counsel concerning these Points of Law before he be finally concluded First By the Statute of 8 Ed. 4. ca. 1. and had these Gentlemen seen these Statutes he believes they would never put it in Charge against him Whereby it is Enacted Confirmed and Ratified by Authority of the said Parliament that the said Statute be Adjudged and Approved in force and strength and the said Statute may be of force in this Land from the 6 th day of March next and that from henceforth the said Act and all Statutes and Acts made by Authority of Parliament within the Kingdom of England be Adjudged and Ratified from the said 6 th day of March. This comes in time after the Statute of Treason of H. 6. and Ratifying all the former Statutes of England Ratifies the 25 th of E. 3. in England which is the Statute of Treason and 1 H. 4. which sayes nothing shall be Treason but what is said to be Treason within the said Statute of 25 E. 3. So that nothing can be Treason in Ireland but what is Treason by 25 E. 3. or 1 H. 4. or something subsequent for these being confirmed later do take away the Statute of 18 H. 6. Secondly By the Statute of 10 H. 7. c. 22. and this is a Repeal in Judgements far better then his own The former was for another purpose By this all the Statutes made in England before that time are brought to be Laws within Ireland and all Laws contrary to these Laws are hereby repealed But the Law urged by those Gentlemen is against the Laws of 25 Ed. 3. and 1 H. 4. and consequently is repealed very clearly and the words are these in effect It tells of the Benefit and Advantage that might come to them after the English Laws should be brought in And if any Statute have been made contrary to them the same to be annulled void and of none effect And that it hath been so taken and conceived that that Law is Repealed he hath as he conceives a Judgment in Parliament clearly on his side to clear him as to this Treason That the Deputy hath power to Assess Soldiers in Cases where he shall think convenient It is a Power which God forbid any Many should exercise but with all fair Intention and Mildness that possibly can be and he speaks it not to draw any inconvenience on that Kingdom he being willing to spend his Life for them rather than do them any hurt nor will he carry from this Bar the Remembrance of any thing of their Unkindness in Prosecution he means not them that are Members of this House praeter gratuitas Cicatrices and will never look the worse on them he Vowes to God The Statute is 11 Eliz. ca. 7. Being an Act for taking away Captainship and all Exactions belonging thereunto from the Lords and Great Men. WHereas Most Gracious Soveraign Lady The Lords and Chieftaines of this Realm in the time of desolation of Iustice have arrogated to themselves Absolute and Regal Authority c. For Remedy whereof your Faithful Subjects most humbly beseech it may be Enacted c. That no Earl Viscount Baron Lord c. dwelling within this Realm shall assume c. the Name of Captain of any Countrey except such as hath or shall have the same by Letters-Patents from Your Majesty c. or by the name of Captain or therwise exact for the finding of him or them their Horse Foot of or upon any of your Majesties Subjects Tax Sess Subsidie c. nor shall call togethe people of the same Countrey to Treat Conclude and Agree for making War or Peace c. Sess nor lead the people c. without the Great Seal or Warrant from the Lord Deputy c. upon pain to every Earl Viscount Baron or Lord c. for every time 100 l. of lawful Money of Ireland Whence he inferred that here is a Commission that the Deputy and chief Governors have power to Assess and yet are no Traitors a penalty which they would have spared had they thought that Law to have been in force So that as he hath been free in his heart from any Treasonable designe towards His Majesty or His People and as he hath been innocent to God Almighty within doors so
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
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
but a Charge to call him to Accompt rather than to Condemn him or Judge him by For it is the Remonstrance of the Commons House that have not power to give an Oath and so may be easily misinformed when they want a Meanes to try out the Truth But for the Great Fees exacted for these Licences Here are two of his Secretaries imployed in this business whom his Lordship desired might be Examined What Fees they demanded and had in this particular He added That he durst say Thousands that went over without Licence were never question'd for it nor any but where there was Cause as in Case a Man was ill-affected and then he was looked after Mr. Slingsby being Asked about the Fees for Licences He Answered They did give the Clerks directions never to demand any Fees for Licences and that the Clerk never accompted to him for above Five shillings for any Licence which he said was voluntarily given not demanded Mr. Little being Asked to the matter of Fees He Answered That he Charged his servant still to demand no Fees for Licences except of Privy-Counsellors or Officers of the Army and when they had Licences they paid for them and the Fee of the Licence from the Captains was 20 Shillings the ordinary Fee for others Five shillings and many times none at all was paid And then my Lord of Strafford added That he had now gone over all the particular Proofes as near as he could remember them And the last he shall insist on is this That there is nothing in this Charge as he conceives of Treason and he must needs Conclude every Article so in regard Treason is the only thing he is Charged withal And he conceives he hath given such Answers to this that nothing shall convince him before their Lordships of Treason And for matter of Misdemeanors he knowes their Lordships will give him time to examine Witnesses and leave for his Counsel to be heard and then he shall Acquit himself as becomes him and so with all humility submit it to their Lordships And thus his Lordship concluded his Defence ARTICLE XVI REPLICATION Mr. Palmer Replyed thereunto in substance as followeth THat my Lord of Strafford in the Preamble of his Defence hath made a great Profession to their Lordships of his endeavour to preserve the Laws in Ireland and that no Deputy did ever less interrupt the Legal Proceedings Which though it be not the matter of the Cause he desired leave to put their Lordships in mind how much he hath interrupted the legal proceedings because it hath been another part of his Army That it hath been fully proved How he Assumed to himself out of the ordinary Jurisdiction Causes to be heard before himself on Paper Petitions which how grosly he hath determined their Lordships have heard And whether this be not an Interruption to legal proceedings he submitted to their Lordships and also left them to Judge how contrary it was to this Profession of my Lord of Strafford To the Matter of the Defence viz. That these Particulars were not complained of Mr. Palmer Answered It is true There is no particular Complaint in the Article but my Lord of Strafford in his Answer said He never deny'd Licenses to any man to go into England and that puts it in Is sue and gives occasion to prove his Denyal To the Reasons of his Propositions Mr. Palmer observed they were viz. Because he was responsible for the Justice of the place and therefore good reason his Integrity should be tried before any Complaints came The Officers and Ministers of Justice should not be drawn from thence on every Complaint where they might have redress at their own doors These are fair shows and something must be said to induce His Majesties Allowance and as much as Art and Skill could invent to prevent the Subjects access to their Sovereign with Complaints of Injustice and Oppression It must have a great deal of Wit and Art to colour it and so he uses it Their Lordships cannot expect it from him nor will their Lordships expect it in the Proofs that he should tell His Majesty he doth all this that they may not complain of Injustice and Oppression for this is a hard thing to be done But the thing it self showes for what end he obtained it his many Acts of Injustice prove Quo obtentu this Proposition was gotten If this had been gotten on the fair grounds pretended then upon Complaints here His Majesty in consideration of them had had it in his own power to have referred them back to Ireland if they were misinformed but meanes were used that they should not come to the King the Barr was laid with the Secretaries and Masters of Requests that His Majesty should by no means know as to consider of the fitness or unfitness of them For the Matter of the Judges and Ministers being withdrawn it is true they were most likely to be complained of but when they cannot be complained of but to my Lord of Strafford this draws a great Dependence on him and makes them amenable to his Will As in the Sentences wherein they concurred and whereby he would justifie himself Again the discouraging of Complaints in this Proposition and the Arguments used to His Majesty provided a Punishment for Clamorous Complaints so that they which had Cause of Complaint being terrified with a Punishment though they were not Clamorous might now be made appear to be so For the Authorities whereby he justifies this Proclamation First He insists on the Lawes of that Kingdom that by the Law they could not depart the Realm and that by an Implication 25 H. 6. But Mr. Palmer observed that that is no Prohibition of coming out of Ireland but if any Liege man c. shall by the Kings Command depart the Realm his Lands should not be seized and the only inference can be That if others went without License their Lands might be seized but not that their persons might be restrained from coming without Licence There were such Provisions and Ordinances in Ireland to which the Instructions following and His Majesties Letter had Reference That those persons that had great Possessions in Ireland in time of Discord were to be resident upon their Land Personally so that their Land might be maintained against Incursions And this is plain by a Statute 28 H. 8. Ca. 3 Reciting the Inconvenience from those they call Absentees That is that having large Possessions by Descent or Graunt did Demurre in England and left those possessions unsafeguarded and by this means the Lands which His Majesty had been at great Cost in Conquering were regained by the Irish and therefore there was a Penalty on those Lands and it is provided that the King shall be Entituled to the Duke of Norfolkes Land for that cause But here is only a Provision that the Lands should be safeguarded but not that the Subject should not resort to the Kings Majesty for
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
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
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
should not supply him THE Two and Twentieth Article The Charge 22. 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 â—ns for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Rateliffe did together with him the said Sir George traiterously conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and of altering and subverting of the fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford reâ—ited into England and to sundry persons declared his opinion to be That His Majesty should first try 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 needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the Wills of His Subjects THE Three and Twentieth Article The Charge 23. THat upon the Thirteenth day of April last the Parliament of England 〈◊〉 and the Commons House then being the representative Body of all the Commons in the Kingdom did according 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 Majesty 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 Speeches and Messages to urge the said Commons House to enter into some resolution for His Majesties Supply for maintainance of His War against his Subjects of Scotl 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 Majesty of 12 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 5th 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 been Members of the said House of Commons by telling His Majesty they had denyed to supply Him And afterwards upon the same day did traiterously and wickedly counsel and advise His Majesty to this effect viz. That having tryed 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 tryed all ways and was refused and should be acquitted towards God and Man and that He had an Army in Ireland meaning the Army above-mentioned consisting of Papists his Dependants as is aforesaid which he might imploy to reduce this Kingdom THE Four and Twentieth Article The Charge 24. THat in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and deciared 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 wayes 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 wayes 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 slandered 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 Keeper 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 Monday April 5. 1641. THE Right Honourable the Lord Steward did this day in the first place acquaint the Gentlemen that managed the Evidence at the Bar That their Lordships had commanded him to let them know that my Lord of Strafford on Saturday in the evening gave in his Petition for the examination of my Lord of Northumberland and that he coming in so late it happened so that the Gentlemen of the House of Commons could not possibly have leave to cross examine and so the examinations are come only on one side sealed up wherefore his Lordship proposed that things might for the present be so carried as the proceedings of this day might not be hindred thereby Mr. Whitlock Answered That they shall go on according to their Lordships Order but he desired the cross-examination of my Lord of Northumberland and the Testimony of some other witnesses that are sent for and not yet come whose names they shall give in may be reserved To which my Lord of Strafford replyed That the motion is very new to him and in these things of form he may be easily mistaken and prejudiced before he is aware That to their cross-examining of my Lord of Northumberland he is very willing but for examining of Witnesses whose Names are not yet known and to have such a Latitude as to reserve supplemental proof he conceives may be hard and so appeals to their Lordships whither their Lordships will not have them name their Witnesses and assigne them a certain time within which they shall examine them And he desires likewise the examination of my Lord Keeper who is not yet examined may be reserved for him And likewise that my Lord of Canterbury may be examined he having been examined as he understood against him which if he had not been he should not have moved it and that the advantage of their two Testimonies may be reserved to him But Mr. Whitlock and Mr. Maynard thus explained it that they intend not to examine those who are not yet named in writing but to produce them viva voce and that they should take the boldness to name one of them to their Lordships and that is Mr. Sergeant Glanvile who was sent for eight days since and will be in Town to night And
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
That the unreasonable and exorbitant Demands made by the Scots in their Parliament were a sufficient ground to make a War against them and that the King needed not to seek for any other grounds for it or words to that effect 105. That towards the end of the said Debate this Examinant told His Majesty That His Majesty having given the Scots leave in their Parliament to Petition for Redress of such things as they conceived to be Grievances he said His Majesty would not think it a sufficient ground to make War against them for any Demands by them made in Parliament without first hearing the Reasons thereof which reasons were not before that time related at or in any meeting of the Council whereat this Examinant was present howbeit the said Earl of Strafford again said That there was ground enough for that War After which his Majesty was pleased to say That this Examinant had reason for what this Examinant did then say Whence Mr. Whitlock observed That my Lord Morton went further then was opened For though he told His Majesty that that which was treated on in Parliament especially by the Kings leave and before the reason of these demands were declared was not a sufficient ground of a War yet notwithstanding my Lord of Strafford though he heard not these Reasons nor knew whether they were unlawful or no he was not versed in Republica aliena yet he reiterates and declares his advice again to His Majesty That these Demands were a sufficient ground of War 106. He saith That when my Lord Traquair made Relation at the Council-Table of the Demands made by the Scots in their Parliament without rendring any reason of the said Demands as leaving this to the Scotch Commissioners who were on their way coming towards His Majesty by His Majesties leave and allowed to yield their Reasons in that behalf which Course of the said Earl of Traquairs in leaving the said reasons to the said Commissioners His Majesty well approved of and pleased himself to expect from him a Relation onely what the said demands were this Examinant on the said occasion heard the said E. of Strafford say to His Majesty after the said Demands so related That the said Demands were not matters of Religion but such as did strike at the Root of Government and such as he thought were fit for his Majesty to punish by force or words to such effect Whence Mr. Whitlock observed That the words last read were spoken by my Lord of Strafford at that time when my Lord Traquair made a Relation before the Council here which was a great while before the second Relation at York before the Great Council of the Peers And though the King himself in his Clemency and Goodness thought that a sufficient Reason to do no more upon it at that time having not heard the Reasons yet my Lord of Strafford was pleased then to give Him this Counsel My Lord Traquair being Interrogated Whether the Reasons of the Demands were given before or at the Meeting at Whitehall He Answered That at his first Relation their Lordships know very well the Commissioners were not come up but he cannot burthen his Memory That he heard my Lord of Strafford say such words Mr. Glyn observed That they put it only to this That the Reasons were not nor could not be related the Commissioners being not come up And from these Proofes Mr. Whitlock conceived it to stand proved That my Lord of Strafford laboured to perswade His Majesty to an Offensive War to Imbroyle both Kingdoms in a National Quarrel and the blood one of another and this several times and that at Whitehall being Three Quarters of a year before the other which was at the Council at York For Proof of the further Prosecution of his Design Sir Henry Vane Treasurer of His Majesties Houshold and Principal Secretary of State was Sworn and Interrogated What Advice my Lord of Strafford gave to His Majesty concerning making of a War with Scotland or seizing their Lordships He Answered That he should be very glad to understand the Question cleerly before he makes an Answer for to part of it he is able to say nothing that is concerning the Ships of Scotland he not hearing of it till now And he will be sorry here to say any thing that is not true for he conceives the Witnesses were put upon a great strait The Examinations were taken long since and for his part he hath seen none of them And he besought their Lordships to take so much care of them that they may not be subject to cross what was said before and peradventure bespatter our selves when we ought to have our Memories a little refresht in it This he said he thought fit to speak before he Answers the Question and if he be asked such a Question as he cannot clearly Answer to he shall do it Candidly and Ingenuously but to the Ships he can say nothing Being Asked Whether about the 5th day of May 1639 he heard my Lord of Strafford perswade the King to an offensive War against the Scots He Answered saying That to that question he is able to speak and he is the better able which he may declare to their Lordships here because His Majesty hath been pleased out of the Justice and equality he owes to all his Servants to give him leave to do it To that point then this he sayes clearly and plainly Whether it were upon the 5th day of May or no he is not able to say but either that day or shortly after where diverse of my Lords were present being commanded after the breach of the Parliament to speak what was fit to be done and every man to vote in his own turn and he amongst the rest took his turn and he must say that after Mr. Secretary Windebank had spoken first of it it came to him There were then diverse Reasons agitated which do not occurr to his Memory but this he remembers well a Defensive War was proposed for it was proposed by himself Thereupon that was not thought fit to be done and certainly my Lord of Strafford was of opinion for an Offensive War This he can say and this is all he can say to this point Being Interrogated What he could say against my Lord of Straffords procuring the Parliament of Ireland to engage themselves in a Supply for a War against Scotland He Answered That this was new to him and he could say nothing to it in particular but what in general came to his knowledge That so many Subsidies were given to the King and that is all he can say having not heard of the Question till now Mr. Whitlock desired to read my Lord of Northumberland his Examination But my Lord of Strafford conceived that not so proper his Examination being reserved Which Objection Mr. Whitlock taking off by offering to their Lordships that for which they desired to reserve him was another
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
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 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
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
the Warrant is to pay the Money Assessed and if they will not they shall attend so that what is matter of service is turned out of its Course and this is a high abuse of his power which makes that matter of Money which should be matter of Service and by this meanes awes men to pay money The Country on demand of His Majesty did consent to a Moneths pay but my Lord without their consent extends it beyond and pretends an Order to say no more of it when there was no such thing to draw some Deputy-Lieutenants together and when they are drawn to make an Order this must be his Justification of that which is unduely done And this is far from the mitigation of an Offence To do an unjust Act is one thing but it is a great aggravation when it is drawn by pretence of an authority which never was On 27 October the self same day Sir Iohn Burroughs spake of notice taken by their Lordships disclayming the Order for a Warrant And then my Lord acknowledged it to be an Error and it is doubtful whether he would have acknowleged it to be so if it had not been proved so My Lords Commission speaks not of Money and the Statute makes not to this Case it being only That when men are on their Allegiance doing the King faithful service they should not be attainted of High-Treason for doing their duty And the Interpretation his Lordship puts on it is that the duty of the Subject cannot be done to the King without levying money in an unlawful way if the levying of Money or the Imposing of Charges be matter of duty then he gives a Justification of the Charge And whereas he sayes though he had not had command from His Majesty nor Order from the Council of Peers he had power enough to do that which he did it is to be observed that my Lord did not require men first to serve but first to pay money and if they paid not then he Menaces them that they should serve as appears by Sir William Pennymans Warrant and therefore the Warrant might be observed which Sir William Pennyman justifies so unwillingly though in other things he be very forward and for a man to be required to pay Money and if he will not pay it then to perform service is hard for now he comes not on the Kings service but on the displeasure of them that require Money from him and that 's a bad discouragement to them that serve And whereas my Lord sayes nothing is proved or but by single proof their Lordships may be pleased to remember what is proved by Sir Henry Griffin That my Lord said That Money should be levied and he would take a course for it and the same Gentlemen deposes that the Warrant or Order was under my Lord Straffords hand which was the Warrant for them to pay Money It is likewise proved by Sir William Ingram that he said the private men must maintain after 1 d. per day and gave out his Command to the Constables and he would have all men know that those that refused it were in a little better condition than High Treason so that to the first part there is more than a single Testimony The latter part shall be proved by an other Mr. Henry Cholmley being Interrogated What he heard my Lord of Strafford speak concerning Treason in case men pay not that Money or to that effect He Answered That he heard not any thing at all of Treason Cconcerning the not payment Answered That at York at the Mannor-House my Lord of Strafford speaking of the raising of the Trained-Bands said we are all by Law tyed to serve the King in our own persons and if any refuse they are in little better case than Treason he cannot tell whether he said High Treason and they might be severely punished in the Star-Chamhamber And their Lordships may remember Mr. Cholmeleys former Testimony that the Vice-President might or shall send forth Warrants to levy Money And therefore these Gentlemens Testimonies stand without impeachment of that point My Lord sayes Moneys were not levyed by force yet it was proved that for these two Regiments Money was levyed by force for Four Soldiers came to the Town and went with the Constables But he sayes it concerns not him for no Warrant of his was shown Their Lordships will not expect that my Lord of Strafford should give particular Warrants to every Officer his Direction is proved in general his Commands are conveyed and distributed by particular Ministers The Captains look for Commands from them that are above them and they from the Lieutenant-General And Sir William Pennyman conceives the Warrant made out by the Vice-President was by a Warrant from my Lord of Strafford or he had my Lord of Straffords Command So that take that which is under Hand and Seal take what Sir William Pennyman take what Mr. Cholmeley hath spoken it cannot be otherwise but it was done by my Lord of Straffords Command and that is sure without legal Authority and so Mr. Maynard conceived they had made a full proof of this Article For that which concernes the Great Council he desired my Lords Answer might be read where he sayes expresly It was done by order of the Lords of the Great Council And Mr. Maynard humbly prayed that some of the Lords of the Great Council might declare the Truth in that Case But my Lord of Strafford Answered That he confessed it here at the Barr that it is so and must humbly put their Lordships in mind that in his Answer he prayes if any thing be mistaken he may have time to amend it and he doth amend it he confesses it was put in too strongly Mr. Glyn added That they put their Lordships in mind of it that it may not be forgotten After his Lordship was put in mind of it by the Lords of the Great Council he retracts it yet when he comes to Answer he affirms it therefore they think it necessary to put their Lordships in mind of it least he affirm it again Mr. Whitlock observed That my Lord of Strafford had made Justification of his Act here and truely the opinions which he hath here published and declared in the face of the Parliament are sufficient grounds of Condemnation of him He said the other day That in case of necessity the King was loose and absolved from all Rules of Government and that then Money might be levied by Force and that their Lordships very well remembers what that necessity was indeed no necessity at all But whatsoever the necessity is they know no such Tenent as my Lord of Strafford publishes But it is expresly against the Fundamental Lawes of the Kingdom and a meer Course for his bringing in an Arbitrary Power His Lordship said That as he stood qualified he might justifie as much as he hath done Which words are little less than the offence wherewith he is charged
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
never so many years could not Merit nor Deserve from Him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane sayes I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Counsellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21 th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but onely for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22 th Article is Answered already and the 23 th likewise In the 24 th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitiously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majesties Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should be an endeavourer to Subvert the Fundamental Laws of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time that Parliaments are the Onely Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Lawes of the Land I beseech your Lordships to call to mind how frequently and servently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Lawes of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofes for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the Kings Bench and the Common-Pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the Kings Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the Kings Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeate at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but the taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is very strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of
It cannot be for the Honor of the King that His Sacred Authority should be used in the practise of Injustice and Opprssion That His Name should be applyed to patronize such horrid crimes as have been represented in Evidence against the Earl of Strafford and yet how frequently how presumptuously his Commands his Letters have been vouched throughout the course of this Defence Your Lordships have heard when the Judges do Justice it is the Kings Justice and this is for His Honor because He is the fountain of Justice But when they do Injustice the offence is their own but those Officers and Ministers of the King who are most officious in the exercise of this Arbitrary Power they do it commonly for their advantages and when they are questioned for it then they fly to the Kings Interest to His Direction And truly my Lords this is a very unequal distribution for the King that the dishonor of evil courses should be cast upon him and they to have the advantage The prejudice which it brings to him in regard of his profit is no less apparent it deprives him of the most beneficial and most certain Revenue of his Crown that is The voluntary Aids and Supplies of His People His other Revenues consisting of goodly Demeans and great Mannors have by Grants been alienated from the Crown and are now exceedingly diminished and impaired But this Revenue it cannot be sold it cannot be burdened with any Pensions or Annuities but comes intirely to the Crown It is now almost Fifteen years since His Majesty had any Assistance from His People and these illegal wayes of supplying the King were never prest with more Violence and Art then they have been in this time and yet I may upon very good grounds affirm That in the last Fifteen years of Queen Elizabeth She received more by the Bounty and Affection of Her Subjects then hath come to His Majesties Coffers by all the inordinate and rigorous courses which have been taken And as those Supplies were more beneficial in the Receipt of them so were they like in the use and imployment of them Another way of prejudice to His Majesties profit is this Such Arbitrary Courses Exhaust the people and disable them when there shall be occasion to give such plentiful Supplies as otherwise they would do I shall need no other proofe of this then the Irish Government under my Lord of Strafford where the Wealth of the Kingdom is so consumed by those horrible Exactions and Burdens that it is thought the Subsidies lately granted will amount to little more than half the proportion of the last Subsidies The two former wayes are hurtful to the Kings profit in that respect which they call Lucrum Cessans by diminishing his Receipts But there is a third fuller of mischiet and it is in that respect which they call Damnum emergens by increasing his Disbursements such irregular and exorbitant attempts upon the Liberties of the People are apt to produce such miserable Distractions and Distempers as will put the King and Kingdomes to such vast Expences and Losses in a short time as will not be recovered in many years We need not go far to seek a proof of this these two last years will be a sufficient Evidence within which time I assure my self it may be proved that more Treasure hath been wasted more loss sustained by His Majesty and His Subjects then was spent by Queen Elizabeth in all the War of Tyron and in those many brave Attempts against the King of Spain and the Royal Assistance which she gave to France and the Low Countries during all Her Reign As for greatness this Arbitrary Power is apt to hinder and impair it not onely at home but abroad A Kingdom is a Society of men conjoyned under one Government for the Common good The World is a Society of Kingdomes and States The Kings Greatness consists not onely in His Dominion over His Subjects at home but in the Influence which he hath upon States abroad That He should be great even among Kings and by His Wisdom and Authority so to incline and dispose the Affairs of other States and Nations and those great events which fall out in the World as shall be for the good of Mankind and for the Peculiar advantage of His own People This is the most glorious and magnificent greatness to be able to relieve distressed Princes to support his own Friends and Allies to prevent the Ambitious Designs of other Kings and how much this Kingdom hath been impaired in this kind by the late mischievous Counsels your Lordships best know who at a near distance and with a more clear sight do apprehend these publick and great affairs then I can do Yet thus much I dare boldly say that if His Majesty had not with great Wisdom and Goodness forsaken that way wherein the Earl of Strafford had put Him we should within a short time have been brought into that miserable condition as to have been useless to our Friends contemptible to our Enemies and uncapable of undertaking any great Design either at home or abroad A fourth consideration is That this Arbitrary and Tyrannical Power which the Earl of Strafford did exercise in his own Person and to which he did advise His Majesty is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the spring of Wealth to Valour which is the active Virtue whereby the prosperity of a Nation can only be procured confirmed and enlarged It s not only apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and puts such a malignity into it as produceth the effects of War We need seek no other proof of this but the Earl of Straffords Government where the Irish both Nobility and others had as little security of their Persons or Estates in this peaceable time as if the Kingdom had been under the rage and fury of War And as for Industry and Valour who will take pains for that which when he hath gotten is not his own or who fight for that wherein he hath no other interest but such as is subject to the Will of another The antient encouragement to men that were to defend their Countreys was this That they were to hazard their Person pro Aris focis for their Religion and for their Houses But by this Arbitrary way which was practised in Ireland and counselled here no man had any certainty either of Religion or of his House or any thing else to be his own But besides this such Arbitrary courses have an ill operation upon the courage of a Nation by embasing the hearts of the People A servile condition does for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillory and such servile Engines as were frequently used by the Earl of Strafford they may have the
for which they were ordained God only in his own end all other things have a further end beyond themselves in attaining whereof their own happiness consists if the means and the end be set in opposition to one another it must needs cause an impotency and defect of both The Eighth Consideration is the vanity and absurdity of those excuses and justifications which he made for himself whereof divers particulars have been mentioned in the course of this Defence 1. That he is a Counsellor and might not be questioned for any thing which he advised according to his Conscience The ground is true there is a liberty belongs to Counsellors and nothing corrupts Counsels more than Fear He that will have the priviledge of a Counsellor must keep within the just bounds of a Counsellor those matters are the proper subjects of Counsel which in their times and occasions may be good or beneficial to the King or Common-wealth But such Treasons as these the subversion of the Laws violation of Liberties they can never be good or justifiable by any circumstance or occasion and therefore his being a Counsellor makes his fault much more hainous as being committed against a greater Trust and in a way of much mischief and danger least His Majesties Conscience and Judgement upon which the whole course and frame of His Government do much depend should be poysoned and infected with such wicked Principles and Designes And this he hath endeavoured to do which by all Laws and in all Times hath in this Kingdom been reckoned a crime of an high Nature 2. He labours to interest your Lordships in his Cause by alleadging it may be dangerous to your selves and your posterity who by your Birth are fittest to be near His Majesty in places of Trust and Authority if you should be subject to be questioned for matters delivered in Council To this was answered That it was hoped their Lordships would rather labour to secure themselves and their posterity in the exercise of their Virtues than of their Vices that so they might together with their own Honor and Greatness preserve the Honor and Greatness both of the King and Kingdom 3. Another excuse was this That whatsoever he hath spoken was out of good intention Sometimes good and evil truth and falshood lye so near together that they are hardly to be distinguished Matters hurtful and dangerous may be accompanied with such circumstances as may make it appear useful and convenient and in all such cases good intention will justify evil Counsel But where the matters propounded are evil in their own nature such as the matters are wherewith the Earl of Strafford is charged to break a publique Faith to subvert Laws and Government they can never be justied by any intentions how good soever they be pretended 4. He alleadgeth it was a time of great necessity and danger when such Counsels were necessary for preservation of the State Necessity hath been spoken of before as it relates to the Cause now it is considered as it relates to the Person if there were any necessity it was of his own making he by his evil Counsel had brought the King into a necessity and by no rules of Justice can be allowed to gain this advantage by his own fault as to make that a ground of his justification which is a great part of his offence 5. He hath often insinuated this That it was for His Majesties service in maintainance of that Sovereign Power with which he is intrusted by God for the good of his People The Answer is this No doubt but that Sovereign Power wherewith His Majesty is intrusted for the publique good hath many glorious effects the better to inable him thereunto But without doubt this is none of them That by his own Will he may lay any Tax or Imposition upon His people without their consent in Parliament This hath now been five times adjudged by both Houses in the case of the Loans in condemning Commissions of Excise in the resolution upon the saving offered to be saved to the Petition of Right in the sentence against Manwaring and now Lutell in condemning the Shipmoney And if the Sovereign Power of the King can produce no such effect as this the Allegation of it is an aggravation and no diminution of his offence because thereby he doth labour to interest the King against the just grievance and complaint of the People 6. This Counsel was propounded with diverse Limitations and Provisions for securing and repairing the Liberty of the People This implies a contradiction to maintain an Arbitrary and Absolute Power and yet to restrain it with Limitations and Provisions for even those limitations and provisions will be subject to the same absolute power and to be dispensed in such manner and at such time as it self shall determine let the Grievances and Oppressions be never so heavy the Subject is left without all remedy but at His Majesties own pleasure 7. He alleadgeth They were but Words and no effect followed this needs no Answer but that the Miserable Distempers into which he hath brought all the three Kingdomes will be Evidence sufficient that his Wicked Counsels have had such Mischievous Effects within these two or three last years that many years peace will hardly repair those losses and other great Mischiefs which the Common-Wealth hath sustained 8. These Excuses have been collected out of the several Parts of his defence perchance some others are omitted which I doubt not have been Answered by some of my Collegues and are of no Importance either to perplex or to hinder your Lordships Judgment touching the hainousness of this Crime The 9 th consideration is this That if this be Treason in the Nature of it it doth exceed all other Treasons in this That in the Design and Endeavour of the Author it was to be a constant and permanent Treason other Treasons are Transient as being confined within those particular Actions and Proportions wherein they did consist and those being past the Treason ceaseth The Powder Treason was full of horror and maglignity yet it is past many years since The Murder of that Magnanimous and Glorious King Henry the Fourth of France was a great and horrid Treason and so were those manifold Attempts against Queen Elizabeth of blessed Memory but they are long since past the Detestation of them onely remains in Histories and in the minds of men and will ever remain But this Treason if it had taken effect was to be a standing perpetual Treason which would have been in continual Act not determined within one time or Age but transmitted to Posterity even from one generation to another The 10 th Consideration is this That as it is a Crime odious in the Nature of it so it is odious in the Judgment and Estimation of the Law To alter the setled Frame and Constitution of Government is Treason in any state The Laws whereby all other parts of a Kingdom are preserved should be
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
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
whatsoever to procure a Privy-Seal or any other Command whatsoever for apprehending any Person in Ireland for Treason done without that Kingdom and to put any such command in Execution divers had been attainted of Treason for executing such Commands There is a Treason so made by Act of Parliament in Henry the Sixth's time In the third Chapter of this Parliament of the tenth of Henry the Seventh an Act is passed for no other end then to repeal this Statute of Henry the Sixth of Treason If this Statute of Henry the Sixth of Treason had been formerly repealed by the Statute of 8 E. 4. or then by the two and twentieth Chapter of this Parliament of the 10 th of Henry the Seventh by bringing in the English Statutes the Law-makers were much mistaken now to make a particular Act of Parliament to repeal it it being likewise so unreasonable an Act as it was In the Eighth Chapter of this Parliament of the 10 th of Henry the Seventh it is Enacted that the Statutes of Kilkenny and all other Statutes made in Ireland two onely excepted whereof this of the Eighteenth of Henry the Sixth is none for the Common-Weal shall be enquired of and executed My Lord of Strafford saith that the bringing in of the English Statute hath repealed this Statute the Act of Parliament made the same time saith no it saith that all the Irish Statutes excepting two whereof this is none shall still be in force Object Oh but however it was in the 10 H. 7. yet it appeares by Judgment in Parliament afterwards that this Statute of 18 H. 6. is repealed and that is by the Parliament of the 11 th year of Queen Elizabeth the 7 th Chapter that by this Parliament it is Enacted That if any Man without Licence from the Lord Deputy lay any Soldiers upon the Kings Subjects if he be a Peer of the Realm he shall forfeit One hundred pounds if under the degree of a Peer One hundred Markes This Statute as is alleadged declares the Penalty of laying Soldiers on the Subjects to be onely One hundred pounds and therefore it s not Treason Answ. My Lords if the Offence for which this Penalty of One hundred pounds is laid upon the Offenders be for laying Soldiers or leading them to do any act Offensive or Invasive upon the Kings People the Argument hath some force but that the Offence is not for laying Soldiers upon the true Subjects that this is not the Offence intended in the Statute will appear to your Lordships Ex absurdo from the words of it The Words are That if any Man shall assemble the People of the County together to conclude of Peace or War or shall carry those people to do any Acts Offensive or Invasive then he shall forfeit One hundred pounds If concluding of War and carrying the people to Acts Invasive be against the Kings Subjects this is High-Treason which are the words of the Statute of 25 E. 3. for if any Subject shall assemble the people and conclude a War and accordingly shall lead them to invade the Subject this is a levying of War within the words of the Statute and then the Statutes of the 25 E. 3. 1 H. 4. 1 of Q Mary which the Earl of Strafford in his Answers desires to be tryed by are as well repealed in this point as the Statute of the 18th of Henry the Sixth he might then without fear of Treason have done what he pleased with the Irish Army for all the Statutes of levying of War by this Statute of 11 Eliz. were taken out of his way In Ireland a Subject gathers Forces concludes a War against the Kings people actually invades them bloodshed burning of houses depradations ensue two of those that is Murder and Burning of Houses are Treason and there the other Felony by the construction the punishment of Treason and Felony is turned onely into a fine of One hundred pounds from loss of Life Lands and all his Goods onely to loss of part of his Goods The Third Absurdity a War is concluded three several Inrodes are made upon the Subject in the first a hundred pounds damage in the second five thousand pounds damage in the third ten thousand pounds damage is done to the Subjects the penalty for the last inroade is no more then for the first onely one hundred pounds This Statute by this Construction tells any man how to get his living without long labour Two parts of the hundred pounds is given to the King a third part unto the Informer Here 's no damage to the Subject that is robbed and destroyed My Lords The Statute will free it self and the makers from those Absurdities The meaning of the Statute is That if any Captain shall of his own head conclude of Peace or War against the Kings Enemies or Rebels or shall upon his own head invade them without Warrant from the King or Lord Deputy of Ireland that then he shall forfeit a Hundred pounds The Offence is not for laying of Soldiers upon the Kings people but making War against the Irish Rebels without Warrant the Offence is not in the Matter but in the Manner for doing a thing lawful but without Mission I. This will appear by the general Scope of the Statute all the parts being put together II. By particular Clauses in the Statute III. By the Condition of that Kingdom at the time of the making of that Statute For the First The Preamble recites that in time of Declination of Justice under pretext of defending the Country and themselves diverse Great Men arrogated to themselves Regal Authority under the names of Captains that they acquired to themselves that Government which belonged to the Crown for preventing of this It 's Enacted That no man dwelling within the Shire Grounds shall thenceforth assume or take to himself the Authority or name of a Captain within these Shire-Grounds without Letters-Patents from the Crown nor shall under colour of his Captainship make any demand of the people of any Exaction nor as a Captain assemble the people of the Shire-Grounds nor as a Captain shall lead those people to do any acts Offensive or Invasive without Warrant under the Great Seal of England or of the Lord Deputy upon penalty that if he do any thing contrary to that Act that then the Offender shall forfeit a Hundred pounds My Lords The Rebels had been out the Courts of Justice scarce sate for defence of the Countrey divers usurped the place of Captains concluded of War against the Rebels and invaded them without Warrant Invading the Rebels without Authority is a crime This appears further by particular clauses in the Statute none shall exercise any Captainship within the Shire-grounds nor assemble the men of the Shire-grounds to conclude War or lead them to any Invasion That that had antiently been so continued to this time that is the Irish and the English Pale they within the Shire-grounds were within the English Pale and
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-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-Common-Law if there be any common-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
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
but what our hearts and consciences tell us is true and howsoever he is pleased to cast it upon us I am confident I shall invert it upon himself and make it appear that he hath been this day guilty in the highest degree of what he most unjustly layeth to our charge And now my Lords to enter upon the particulars he hath been pleased to make it his general Theme to day though he hath not spoke much to day but what he hath spoken formerly that these particulars considered by themselves make not a Treason and therefore put together he wonders how they should make a Treason Several misdemeanors can never make a murther and several Murthers can never make a Treason and he wonders it should be otherwise in this Case My Lords He did instance it if my memory fails not in a Case of Felony That if a bloudy knife should be produced in the hand of the party suspected to have slain the man if the party had been there seen before the death it were a strange Evidence but there must be death in the case the fact must be committed else there can be no murther but he himself might answer himself for there is a great difference There cannot be murther but there must be death but he knows very well there may be Treason and yet no death it is too late to forbear questioning Treason for killing the King till the King be killed God forbid we should stay in that Case for the very intention is the Treason and it is the intention of the death of the Law that is in question and it had been too late to call him to question to answer with his life for the death of the Law if the Law had been killed for there had been no Law then and how should the Law then have adjudged it Treason when the same were subverted and destroyed and therefore he is much mistaken The greatest Traitor in the memory of any that sits here to hear me this day had a better a fairer excuse in thisparticular than my Lord of Strafford and that is Guido Faux for he might have objected that the taking of the Cellar the laying of the Powder under the Parliament-House the kindling of the Match and putting it near are not so much as a misdemeanor if you look no further for it was no offence in him to lay Barrels under the Parliament-House and to kindle the Match and to lay it near but collect all together that it was eâ intentione to blow up the King and the State there is the Treason but God be blessed it was not effected so that the rule is the same Nay my Lord of Strafford hath not so much to say when he is charged with a purpose and intention to subvert the Law for to that purpose gave he traiterous Counsels and executed actions thereby discovering his intentions to destroy the Kingdom and to destroy the Kings claim by Law and discent It is true they were not put in execution but they declared his intentions therefore this gives an answer to his first flourish which is not so great an Argument as the greatest Traytor might use for himself and yet it proved Treason in him My Lords he hath been plased to divide his Treasons into two parts and his division I allow of that is Treason by Statute-Law as he terms it though it be Treason by the Common-Law and constructive Treason And upon that method he hath recited the evidence produced on either part Give me leave to follow and trace him a little and afterwards to discharge my own duty in taking my own course and representing the evidence as it appears truly and I will avoid as much as I can to fall into my Lord of Straffords error in mis-reciting a Particle if I do it shall be against my will He begins with the Fifteenth Article and pretends that that is not proved The ground and foundation of that Article was a Warrant issued out by himself to a Sergeant at Arms one Savill which gave directions and power to that Sergeant to lay Soldiers on any person that should contemn the Process of the Council-board in Ireland that was the effect Now says he this Warrant is not produced and adds That the Iudges will tell your Lordships that if a man be charged with anything under Hand and Seal the Deed must be produced and proved or else no credit is to be given to it Truly my Lords it is true if it had been a Bond or a Deed where those that Seal it use to call their neighbors to testify and be Witnesses to it perhaps it might be a colourable answer that because we do not produce the Deed and prove it by Witnesses you can therefore give no credit to it But my Lords in case of authority to commit High Treason I suppose my Lord of Strafford nor any other did call witnesses to prove the Signing Sealing and Delivering of the Warrant for execution of High Treason and therefore it is a new way and invention found out by his Lordship for ought I see to commit High Treason and to give authority for it and it is but taking away the original Warrant and he shall never be touched for any Treason But I beseech your Lordships patience till I come to open that Article and your Lordships will find the Warrant though it be not produced proved by three or four Witnesses and his Hand and Seal proved too And whereas he pretends the Sergeant at Arms is no competent Witness because he excuses himself my Lord mistakes himself for I take it to be no excuse to prove a Warrant from any person whatsoever if it be to commit High Treason and therefore Savil's testimony is the more strong being so far from excusing that he doth accuse himself And though he is charged with laying of Soldiers upon the Kings people contrary to an express Act of Parliament made in 18 H. 6. yet my Lord is pleased I know not how to term it whether it be merrily or otherwise to use his Retorick Here is a great levying of War when there is not above four Musquetiers or six at most laid upon any one man My Lords it is a plain levying of War and without all question and in all sense it is as much mischievous to me to be surprized by four or six Musquetiers to enforce me to any thing they would have as if there were an Army of Forty thousand brought upon me for if that strength will but over-master me it is all one to me whether I be mastered by four or by four thousand And therefore let not this be a rule that to send four or six or ten Musquetiers up and down is not considerable because of the smalness of the number the danger is the same yet this is no levying of War because they goe not in Troops of greater number as it pleases my Lord of Strafford to affirm My Lords Your Lordships remember
In the four and twentieth Article he mentions That he is charged with being an occasion to break the Parliament and lays hold of that as in the other Articles That it was not proved but declined My Lords when he shall hear the repetition of the Evidence though part of the Article was not particularly insisted upon yet I believe it will appear to your Lordships and the world that he was the occasion of breaking the last Parliament and it is expresly proved by witnesses enough and though he says How should any body think him an occasion of it that did so often advise Parliaments yet I shall shew anon that when he did advise them it was to compass his own Design and Plot without which his ends could not be brought to pass He came from the Four and twentieth Article to the Seven and twentieth and he answers against that Article That when Armies are in the field men cannot walk so peaceably as an Attorney with his Box and Papers in Westminster-Hall I know not what he means but when two Armies are in the field they may raise War against the Kings people as well as the King for his just defence it is the way to make his people terrified with Armies and to avoid them as a Serpent and therefore it is a dangerous aspersion as I conceive With these he concluded except some things that he took by way of artificial insinuation to perswade your Lordships That it was dangerous to raise a Treason that had lain asleep I know not how many hundred years and create a Treason A strange thing indeed it is That a man shall be charged with a Treason for subverting the Law A strange thing that one should be charged with Treason for killing a Justice sitting in the Seat of Justice and yet it should be no Treason to destroy King and Kingdom and people and all all which are destroyed if the Law be subverted And now having touched upon what he hath spoken with your Lordships good favour I shall crave leave to run the course I have propounded with my self and that very briefly that is upon the whole matter to shew how far the Evidence produced on the Commons part doth prove the Charge My Lords That laid to his charge is a design and purpose to subvert the fundamental Laws of two kingdoms and to introduce an Arbitrary and Tyrannical Government not that he did effect it but that he did intend it for if he had done it it had been too late to question it he had left no rule whereby to call him to Tryal but his intention and his endeavour are his charge My Lords How far this is proved if your Lordships be pleased to call to mind the Articles and the Evidences produced on the Commons part your Lordships will find I believe that his Words his Counsels and his Actions do sufficiently prove his endeavouring to destroy In the first Article where my Lord of Strafford hath the first opportunity offered him to put this endeavour in execution that is the first place of eminency amongst his other Places and Commands which I take it was his being made President of the North he is no sooner there but there be instructions procured to enable him to proceed in that Court almost in all Causes for a man can scarce think of a Cause which is not comprehended within the Instructions obtained after his coming thither but I shall put your Lordship in mind of two clauses of the Instructions procured in the Eighth year of this King and after he was President that is the clause of Habeas Corpus and Prohibitions that no man should obtain a Prohibition to stay any Suit that should be commenced before him in the Council of York That if any man should be imprisoned by any Process out of that Court he must have no Habeas Corpus A Prohibition is the only means to vindicate the estate of the Subject if it be questioned without Authority A Habeas Corpus is the only means to vindicate his Liberty if he be detained without Law but these doors must be shut against the Kings Subjects that if either they be questioned or restrained before him there must be no relief How far he could go further I am to seek there being no means for the Subject to relieve himself if he be questioned for his Estate without authority no means to redeem himself if his person be imprisoned without Law And he had so incircled himself about that if the Judges should find the party that returns not the Habeas Corpus according to Law there was a Power and a Warrant by the Instructions to the Barons to discharge the Officers of that Fine And now I refer it to your Lordships judgements Whether this be not to draw an Arbitrary Power to himself For the execution of this Power it is true it is proved to be before the instructions in the eighth year of the King but then it riseth the more in judgement against him for your Lordships have heard how he went into a grave Judges Chamber blaming him for giving way to a Prohibition granting Attachments against one that moved for a Prohibition and though this was done before the Instructions were granted yet the Instructions coming at the heels of it sheweth his disposition and resolution more clearly for he acts it first and then procures this colour to protect it and though he pretends there was no proof yet I must put your Lordships in mind that when these things were in question concerning the apprehension of a Knight by a Sergeant at Arms he kneels to His Majesty That this defect might be supplyed and this jurisdiction maintained else he might goe to his own Cottage And here being the just commencement of his greatness if you look to the second it follows That at the publick Assizes he declared That some were all for Law but they should find the Kings little finger heavier than the loins of the Law He did not say it was so but he infused it as much as he could into the hearts of the Kings people that they should find it so and so he reflects upon the King and upon his people the words are proved And to speak them in such a presence and at such a time before the Judges and Countrey assembled they were so dangerous and so high expressions of an intention to counsel the King or act it himself to exercise an Arbitrary Government above the weight of the Law as possibly could be exprest by words And this is proved by five witnesses and not disproved nor is any colour of disproof offered but only by Sir William Penniman who says he heard other words but not that he heard not these words If he doth he must give me leave not to believe him for five affirmations will weigh down the proof of a thousand negatives He stays not long in England with this power though while he stays you hear how he vexes
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
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
a distance march on a sudden to London and surprize what they had in Design That Mr Iermin was the person that first proposed the marching of the Army towards London That he for his part declared himself absolutely against it That Mr. Iermin replyed to him in private You do not dislike the Design for you are as ready for any wild mad undertaking as any man I know but you dislike the temper of those persons who are ingaged in the business He did further confess That he propounded that Suckling might also be admitted to the Consultation but Wilmot Ashburnham and Pollard would not hear of it and they three did then declare themselves against the Armys marching towards London Then he took occasion to say That he did acquaint some Members of both Houses whom he could name that there were some of the Army whom they did not think so well of were more faithful and serviceable to the Parliament than they were aware of which time would produce and named them and they did accordingly give testimony of his Integrity so far as general Terms could discover the design He confessed that Mr. Iermin did make some offers unto him to relinquish the Government of Portsmouth upon some other terms of advantage but he said he did not conclude any thing for he would first see the performance of what was offered so had no further discourse with him concerning that business but he doth believe that Suckling and Iermin did confer together about the Design he said they did desire his opinion about a General some were for Essex some for Holland but he with Iermin were for Newcastle Being again examined upon his Oath before the Committee of Lords and Commons and pressed more particularly to answer questions not before proposed unto him He did confess that meeting with Mr. Iermin in the Queens Drawing-Chamber Her Majesty came and told him the King would speak with him and meeting with His Majesty he told him he was minded to set His Army into a good posture being advised thereto by the Earl of Bristol as he said and His Majesty then Commanded him to joyn with Mr. Peircy and some others in that business As for the Designs from beyond Seas the Committee did make Report to the House that it was clear'd unto them that Iermin endeavoured to have got the possession of Portsmouth That the King of France had drawn down great Forces to the Sea-side That the Governor of Calice had examined some Englishmen whether the Earl of Straffords Head was yet off and this was in point of time the First of May according to the English stile and Sir Philip Cartwright Governor of Guernsey wrote Letters also which came in great haste That he understood the French had a Design upon that Island or some part of England It also appeared to the Committee by divers of the Letters which were opened coming from beyond Sea that they expected the Earl of Strafford there and that they hoped the Horseleeches should be starved for want of Blood and in some of those Letters there was advice to the Cardinal to bestir himself betimes to interrupt the height of the proceedings here in England Also examination of some Priests were taken in Lancashire and sent up to London which were there taken the 3 of May which did testify That the Priests did say The Parliament should be suddenly Dissolved for the Army was to march up thither with all speed and they would be seconded by Forces out of France and that Mountague did write out of France to Mr Peircy which was also intercepted That if he did perform what he had undertaken he would be made a Knight of the Garter Mr. Peircys Letter to the Earl of Northumberland and by him presented to the Parliament WHat with my own Innocency and the Violence I hear is against me I find my self much distracted I will not ask your Counsel because it may bring prejudice upon you but I will with all Faithfulness and Truth tell you what my part hath been that at least it may be cleared by you whatsoever becomes of me When there was 50000 l. designed by the Parliament for the English Army there was as I take it a suddain Demand by the Scots at the same time of 25000 l of which there was 15000 l. ready this they pressed with much necessity so as the Parliament did after an Order made think it fit for them to Reduct 10000 l. out of the 50000 l. formerly granted upon which the Soldiers in our House were much scandalized amongst which was one and sitting by Wilmot and Ashburnham Wilmot stood up and told them If that the Scots could procure Money he doubted not but the Officers of the English Army might easily do the like but the first Order was reversed notwithstanding and 10000 l given to the Scots this was the cause of many discourses of dislike among us and came to this purpose That they were disobliged by the Parliament and not by the King this being said often to one another we did Resolve that Wilmot Ashburnham Pollard O-Neal and my Self to make some expressions of serving the King in all things he would Command us that were Honourable for Him and us being likewise agreeing to the fundamental Laws of the Kingdom that so far we would live and dye with him This was agreed upon with us not having any communication with others that I am coupled now with all and further by their joynt consent I was to tell His Majesty thus much from them but withal I was to order the matter so as the King might apprehend this as a great Service done unto him at this time that when affairs were in so ill a condition and they were most confident they would ingage the whole Army thus far but further they would undertake nothing because they would neither infringe the Liberty of the Subjects nor destroy the Laws to which I and every one consented and having their sence I drew the Heads up in a Paper which they all approved of when I read it and then we did by an Oath promise one another to be constant and secret in all this and did all of us take this Oath together then I said Well Sirs I must now be informed what your particular desires are that so I may be the better able to serve you which they were pleased to do and so I did very faithfully serve them therein as far as I could This is the Truth and all the Truth upon my Soul In particular discourses after that we did fall upon the petitioning to the King and Parliament for Moneys there being so great Arrears due to us and so much delays made in the procuring of them but that was never done The Heads were these 1. Concerning the Bishops Functions and Votes 2. The not disbanding of the Irish Army until the Scots were disbanded to 3. The endeavouring to settle His Majesties Revenue to that proportion it was
formerly And it was resolved by us all if the King should require our assistance in those things that as far as we could we might contribute thereunto without breaking the Laws of the Kingdom And in case the King should be denyed those things being put to them we would not fly from him all these persons did Act and Concur in this as well as I. This being all imparted to the King by me from them I perceived he had been Treated with by others concerning some things of our Army which agreed not with what was proposed by me but tended to a way more sharp and high not having limits either of Honor or Law I told the King he might be pleased to consider with himself which of the ways it was fit for him to hearken unto for us we were resolved not to depart from our grounds we should not be displeased whosoever they were but the particular of the Designs or the Persons we desired not to know though it was no hard matter to guess at them In the end I believe the danger of the one and the justice of the other made the King tell me he would cast off all thoughts of other Propositions but ours as things not practicable but desired notwithstanding that Goring and Iermin who were acquainted with the other proceedings should be admitted amongst us I told him I thought the other Gentry would never consent to it but I would propose it which I did and we were all much against it but the King did press it so much as at the last it was consented unto and Goring and Iermin came to my Chamber there I was appointed to tell them after they had sworn to Secrecy what we had proposed which I did But before I go into the Debate of the way I must tell you Iermin and Goring were very earnest Suckling should be admitted which we did all decline and was desired by all our men to be resolute in it which I was and gave many Reasons whereupon Mr. Goring made answer he was ingaged with Suckling his being imployed in the Army but for his meeting with us they were content to pass it by Then we took up again the ways that were proposed which took great debate and theirs differed from ours in Violence and Heigth which we all protested against and parted disagreeing totally yet remitted it to be spoken of by me and Iermin to the King which we both did and the King constant to his former Resolutions told them these wayes were all vain and foolish and would think of them no more I omit one thing of Mr. Goring he desired to know how the Chief Commands were to be disposed of for if he had not a Condition worthy of himself he would not go along with us We made answer That no body thought of that we intended if we were sent down to go all in the same capacity we were in he did not like that by any means and by that did work so with Mr. Chidley that there was a Letter sent by some of the Commanders to make him Lieutenant-General and when he had ordered this matter at London and Mr. Chidley had his Instructions then did he go to Portsmouth pretending to be absent when this was a working we all desired my Lords of Essex or Holland to be General but Goring and Iermin were for Newcastle They were pleased to give Report that I should be General of the Horse but I protest neither to the King nor any else did I so much as think of it My Lord of Holland was made General and so all things were laid aside and this is the Truth and all the Truth I knew of these proceedings and this I will and do protest unto you upon my Faith and Wilmot Ashburnham and O-Neal have at several times confessed and sworn I never said any thing in the business they did not every one agree unto and justify This Relation I sent you rather to inform you of the truth of the matter that you may the better know how to do me good but I should think my self very unhappy to be made a betrayer of any body what concerned the Tower or any thing else I never medled withal nor ever spake with Goring but that night before them all and I said nothing but what was consented unto by any party I never spake one word with Suckling Carnarvan Davenant or any other creature Methinks if my Friends and kindred knew the Truth and Justice of the matter it were no hard matter to serve me in some measure Afterwards was read Father Philips's Letter to Mr. Mountague as followeth THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good here I have sent you a Copy of the Kings Speech on Saturday last at which time he discharged his Conscience concerning the Earl of Strafford and was advised to make that Speech by the Earl of Bristol and the Lord Savile This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were thereby much incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse than the Scotch Covenant The Londoners who are very boysterous came upon Monday 5 or 600 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their House but threatened them that if they had not Justice and if they had not his Life it should go hard for all those that stood for him following them up and down and callâ—g for Iustice Iustice Iustice. There was in the House of Commons Fifty six that denyed to pass the Earl of Straffords Bill their Names were taken and they were fixed upon Posts in divers parts in London and there was written over head These are Straffordians the Betrayers of their Countrey By this means it came to pass that the Lords and Judges were much affrighted and the most of his friends in the Lords House forsook him all the Popish Lords did absent themselves the Lords of Holland and Hartford were absent so was Bristol and others Savil and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected the Lords much affrighted which made the Citizens and the House of Commons shew their heads some have braved little less than to Unthrown His Majesty Who if He had but an ordinary Spirit might easily quash and suppress these people Our good Queen is much afflicted and in my
conscience the Puritans if they durst would tear her in pieces This cannot be for the Honor of France to endure a Daughter of that Nation to be oppressed and affronted The Earl of Holland is made General of the Army whither he is gone down the Earl of Newport Master of the Ordinance Ballfower Lieutenant of the Tower hath proved an errand Traitor to the King who Commanded him upon his Allegiance to receive a Captain and 100 Men into the Tower which he most Traiterously refused to do There was a Report in London that the Parliament House was on fire whereupon there were many thousands of people very suddainly gathered together whereby you may easily see the height and violence of the peoples affections May the 6th Ann. Dom. 1641. Upon the reading of this Letter and exceptions taken to his expression That the Puritans would tear the Queen in pieces and to other passages in the Letter and upon Information also given of his endeavouring to seduce the Kings Subjects to the Popish Religion it was ordered he should be sent for to be examined who thereupon applyed himself to His Majesty and the King told him he would know what the business was before he should go as Philips told the Serjeant and so refused to come with him Hereupon the House of Commons desired Mr. Treasurer to acquaint His Majesty That they had some cause to examine Francis Philips a Romish Priest and to that end sent him a Summons which he doth refuse to obey and makes His Majesties House a Sanctuary in case of High Treason That in respect to His Majesty the House doth forbear to take further course herein till His Majesty be further acquainted with it Hereupon Father Philips appeared and was called to the Bar of the House where he first kneeled and afterwards stood up and being demanded the reason wherefore he appeared not He answered because the Warrant was to apprehend Francis Philips and his name was Robert Philips and that the Queen wish'd him to stay till he had spoken with the King and the King told him the House may send for him when they call for any of his Servants till then he need not goe and the Letter before mentioned being produced unto him he confessed the same to be his own Hand-writing The further examination of this business was referred to the Committee for the Popish Hierarchy who drew up this Impeachment following The Impeachment and Articles of Complaint against Father Philips the Queens Confessor lately committed to the Tower by the Parliament I. THat the said Father Philips hath been observed to be a great cause both in himself and his Adherents of a great part of the unquietness of this State II. He with Parsons and others their Assistants were the only cause that the Pope was stirred up to some Breves to these Kingdoms of England and Scotland to hinder the Oath of Allegiance and lawful Obedience of the Subjects to Our Gracious King that so they may still fish in troubled waters III. The damnable Doctrine which he and other Jesuits have taught to Destroy and Depose Kings hath been the cause of the Civil Wars like to befall these Kingdoms if God in his mercy do not prevent it IV. They have been the cause of the Monopolies projected in this Kingdom especially concerning Soap the Forrest of Dean and marking of Butter-Cask where all the Parties were Partners and Confederates with them as Sir Basil Brook Sir Iohn Winter and a Brother-in-law of the said Sir Iohn that lived in Worcestershire and Mr. Ployden whose Servant named Baldwin hath been seen to deliver to Captain Read a Substitute of the Jesuits an hundred pound at a time to one Jesuite V. Father Philips hath been a great Actor with the Superior of the Capuchins who is a most turbulent Spirit and was sent thither by Cardinal Richlieu of France to be a spy at this Court for the French Faction And hath therefore laboured by all means to breed dissentions for the French aim at nothing more then to make a Schism betwixt the English and the Scots that this State might so be weakened and made unable to withstand them that so they might have an opportunity to conquer these Kingdoms these unquiet Spirits having access to Her Majesty may importune things not fit for the State VI. The said Father Philips hath been guided by a Gray Fryer who by degrees hath intruded himself to be a Clerk of Her Majestys Chappel and Chaplain Extraord in time of progress who when he is out of London goeth by the name of Mr. Wilson but his true name is Will. Thomson Dr. of Divinity as some Jesuits have affirmed but a most furious Spirit and unquiet and therefore by Nickname is by some called Cacafugo that is as much as if in English you should say Shit-fire by whom Father Philips hath been so led that he hath been very officious to perform whatsoever he would have done These two have ruled all the business concerning the two Kingdoms on the Papists parts and for the most part of Rome also VII The said Father Philips hath placed many unfit persons about Her Majesty viz. Sir Iohn Winter to be Her Majesties Secretary Signior Georgeo come late Agent from the Pope his Brother was by his means admitted to be Servant Extraordinary to the Queen a man altogether unfit for that place a most scandalous person having three Wives all now alive VIII Sundry persons by the said Father Philips have been admitted to be the Queens Servants Extraordinary by some supposed Office or other as Mr. Laburn Geo. Gage Brother to Col. Gage have both Oratorian Priests the one of the French Faction very seditious the other of the Spanish whose Brother is now left Resident at Rome for them by his Master Mr. William Hamilton late Agent at Rome Penrick is sworn Servant Extraordinary to Her Majesty who is a sworn Spaniard and Intelligencer for Rome in respect his Brother is Agent here by Father Philips these and many others who are factious and turbulent spirits have by Father Philips his means received protection from the Queens Majesty IX The said Philips hath been much ruled by Sir Toby Mathews Sir Iohn Winter and Mr. Walter Mountague X. He was very forward with his Complices for the breaking of the Ice to begin the Treaty here for the Popes Honors sake and when Sir Robert Dowglas and Signior Georgio were nominated whom he thought most fit Cardinal Richlieu was thought fittest to be the man who should direct him to begin the correspondency between the Pope and the Queen and therefore he was sent to France with many Letters and from thence he was dispatched for Rome by the Cardinal where he was received with great respect and after a Viatick he was dispatched again for England with some few small Gifts as Pictures Crosses Agnus Dei's and such like Popish stuff to Father Philips XI The said Father Philips was the chief Agent in
to breath Victory than like a Condemned man to undergo the Sentence of death The Lieutenant desired him to take Coach for fear the people should rush in upon him and tear him in pieces No said he Master Lieutenant I dare look death in the Face and I hope the People too have you a care that I do dot escape and I care not how I dye whether by the hand of the Executioner or the madness and fury of the people if that may give them better content it is all one to me He left these Three Instructions for his Son in Writing FIrst That he should continue still to be brought up under those Governors to whom he had committed him as being the best he could pick out of all those within his knowledge and that he should not change them unless they were weary of him that he should rather want himself than they should want any thing they could desire Secondly If his Prince should call him to publique Service he should carefully undertake it to testify his obedience and withal to be faithful and sincereto his Master though he should come to the same end that himself did Thirdly That he foresaw that ruine was like to come upon the Revenues of the Church and that perhaps they might be shared amongst the Nobility and Gentry but I charge you never to meddle with any of it for the curse of God will follow all them that meddle with such a thing that tends to the destruction of the most Apostolical Church upon Earth A brief Account of some Interlocutory passages in Parliament in which my Lord of Strafford so discovered his Wit and Temper that the Court took particular notice of him IN the month of September 1626. The King having special occasions to be furnished with Money suitable to the importance of his undertakings for the relief of the King of Denmark His Majesty came to this Resolution That the urgency of affairs not admitting the way of Parliament the most speedy equal and convenient means were by a general Loan from the Subject according as every man was Assessed in the Rolls of the last Subsidy Upon which Result the King forthwith chose Commissioners for the Loan and caused a Declaration to be published wherein he alledged for this course of Supply the Reasons set down at large in his late Declaration touching the Dissolution of the Parliament 2 o Car. adding farther That the urgency of the occasion would not give leave to the calling of a Parliament In the said year 1626. Sir Thomas Wentworth having a Privy Seal sent unto him about the Loan-money and to advance the sum of 40 l. to the King he amongst other things in the County of York refused to lend the same as being a Demand contrary to the Right and Property of the Subject to part with their Money but by consent of Parliament The Non-Subscribers of high Rank and Rate in most Counties were bound over by Recognizance to tender their appearance at the Council Table and divers of them were committed to prison but others also of Quality were appointed to several Confinements not in their own but in remote Counties Sir Thomas Wentworth and Geo. Ratcliffe Esq afterwards Sir George were sent by Messengers from the Council and removed out of the County of York into the County of Kent and there secured by Confinement and during this Restraint and Confinement a Parliament was called which was to meet March 17. 3 Car. 1627. In the month of Iuly before the calling of this Parliament the Lord Conway Secretary of State brought a Message from the King to Arch-bishop Abbot that it was His Majesties pleasure he would withdraw from his Houses at Lambeth and Croydon and go to Canterbury and reside there What is my fault said the Arch-Bishop that brings this message of Removal and Confinement upon me Although said the Secretary I have no Commission to tell you it is for a Book you would not Licence for the Kings Service and afterwards the Arch-Bishop understood more particularly that besides that it was because Sir Thomas Wentworth made resort to the Arch-Bishops House at times of Dinner and Supper As for Sir Thomas Wentworth he had good occasion to send unto me and sometimes to see me because we were joynt Executors to Sir George Savile who married his Sister and was my Pupil at Oxford to which Son also Sir Thomas Wentworth and I were Guardians as may appear in the Court of Wards and many things passed between us in that behalf yet to my remembrance I saw not this Gentleman but once these three quarters of a year last past at which time he came to see his brother-in-Brother-in-law the Lord Clifford who was then with me at Dinner at Lambeth Saturday March the 22th THe time of the House was spent in opening the Grievances and State of the Kingdom as Billeting of Soldiers Benevolencies and Privy Seals and the imprisoning certain Gentlemen who refused to lend upon that account c. Sir Francis Seymor spake first and said THis is the great Council of the Kingdom and here if not here alone His Majesty may see as in a true Glass the State of the Kingdom c. We are called hither by His Majesties Writs to give him faithful Council such as may stand with His Honor but this we must do without flattery we are sent hither by the Commons to discharge the Trust reposed in us by delivering up their just Grievances and this we must do without fear Let us not therefore be like the Cambyses Judges who being demanded of their King Whether it were not lawful for him to do what in it self was unlawful they rather to please the King than to discharge their own Consciences Answered That the Persian Kings might do what they listed c. Flattery tends to mischief being fitter for reproof than imitation and as Flattery so Fear taketh away the Judgement let us not then be possessed with Fear or Flattery of corruptions the basest For my own part I shall shun both these and speak my Conscience with as much Duty to His Majesty as any man but not neglecting the Publique in which His Majesty and the Common-wealth have an interest but how can we shew our Affections whilst we retain our Fears or how can we think of giving Subsidies till we know whether we have any thing to give or no For if His Majesty be perswaded by any to take from His Subjects what He will and where it pleashim I would gladly know what we have to give After Sir Francis Seymor had ended his Speech Sir Thomas Wentworth stood up and said THis Debate carrys a double Aspect towards the Soverign and the Subject though both be innocent both are injured and both to be cured Surely in the greatest humility I speak it these illegal ways are punishments and marks of indignation the raising of Loans strengthened by Commission with unheard of Instructions and Oaths the Billeting of Soldiers
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