AN IMPARTIAL ACCOUNT OF THE Arraignment Trial Condemnation OF THOMAS Late EARL of STRAFFORD And Lord LIEVTANANT of IRELAND BEFORE The PARLIAMENT at WESMINSTER Anno Dom. 1641. LONDON Printed for Joseph Hindmarsh at the Black Bull near the Royal Exchange in Cornhil 1679. TO THE READER AMongst the Superfoetations of the Press I hope you will have no Cause to reckon this small Collection either if you respect the Matter of it I mean the Pleadings in it or the Great Personage concerned in them I am apt to perswade my self it may not altogether be unseasonable in the present Conjuncture of Affairs or unbeneficial to the Reader who shall carefully peruse it The Case it self as well as the Actor the Great and Noble Earl of â—trafford have somewhat more than ordinary and peculiar in them and as this Great and Solemn Trial is so Paramount in the Equipage of all its Circumstances that as former Ages have been unable so future are unable to produce its Parallel To give you though but a Rude Draught of this Great Master of Defence who so easily put by the Thrusts of his most applaudedly Skilful and Dexterous Adversaries will require an Abler Pencil than mine Take then his Character in this Book from his own Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him and instead of those Strange and Unheard of Monopolies laid to his Charge in this his Trial he may seem a greater himself in engrossing so much of Worth and Ability in his own Bosom As to the Matter of these Collections you have in them a Fine and Pleasant Intermixture of Points of Law and Matters of State You may thereby understand the Constitutions of the two Kingdoms which were then in a strange and most preter-natural Fermentation a Sick Stomach nauseating at Pleasant and Wholsome Meat the Body Politick growing Hot and Feavourish in strange Jactations and Unquietnesses wilfully refusing and scorning the Help and Advice of a most Skilful Aesculapius The Collector you will find hatâ— very well discharged his Part Ne quid Falsi dicere audax ne quid Veri dicere non audax Herein is nothing false Reported no material Truth Omitted and nothing Trivial to swell the Book and make it more Chargeable and less Vseful to the Peruser is for any private End or Design of the Publisher's Gain here set down or observed So that I may compare this Collection to a well-made and easily manageable Net that as Nothing Considerable escapes its Draught so there is no great Pains or Toil in the Cleansing of it no Sticks Stones or Small Fish to give thee any Trouble to return them whence thou hadst them To be short In the Perusal of this Brief but Full Account of this Great Transaction â—s thy Pains will not be Great so thy Charge but not Advantage will be Inconsiderable Farewell THE PROCEEDINGS AGAINST THOMAS Earl of STRAFFORD Lord Lieutenant of IRELAND in the Parliament at Westminster Anno Dom. 1641. Sir YOu have here the Diurnal of the whole Process against the Lord Lieutenant of Ireland it was taken by the hand of a ready Writer a faithful Ear and an understanding Head He was present at all the Action and I make no doubt of the Fidelity of his Relation Which beginneth thus THE House 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 thereof a Cabinet enclosed about with Boards and before with a Tarras Before that were the Seats for the Lords of the Upper House and Sacks of Wool 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 Councel Monday Morning 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 White-Hall King Street and Westminster were guarded by the Constables and Watchmen 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 practice 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 otherwise 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 note and understand what Violence Rigor or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose Office it is asked Mr. Maxwel whether the Axe 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 Upper House did sit with their Heads covered those of the Lower House 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-Cannon-Law and Practice of the Kingdom to this day and therefore would not be present yet withal 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 Lieutenants Entry commanded the House to proceed Mr. Rym 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 give the Reason of this because the Lower House had not heard those Accusations in publick before 〈◊〉 others that the Formality of the Process required no les however that day was spent in that Exercise The Queen went from the House about eleven of the Clock the King and Prince stayed 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
impossible to escape the many and great accusation laid to his Charge Others and that the greater number too are of oppinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compass of Treason quod tam misere cupio ut non credam his adverse party is so great and so far interested both in point of safety and Honour against him that Flectere si nequeunt superos c. Nothing will be left unassayed that may accelerate his Ruin He hath all this time carried himself couragiously to the admiration and with all so moderately that it is to the great satisfaction of his very Enemies so that he seems neither dejected with fear nor to affect boldness with confidence but to carry himself with that constancy and resolution which his Innocency and brave parts do promise The Irish Commissioners here have hitherto abstained from giving in any Remonstrance against the Lieutenant and do still plead to have an immediate dependance from the King and not from the Parliament of England There was a Report that the Parliament of Ireland had sent a Protestation against the Act made the last year for the Kings Supply in his Expedition against the Scots as a thing which was violently in part and in part surreptitiously obtained from them but I have learned this to be an untruth I had almost forgotten one passage of Mr. Pym who in the aggravation of the Lieutenants faults had this Expression That he was like the Whore in the Proverbs He wiped his mouth and with a brazen face said he had done no evil To this the Noble Lord replied That he wished his Innocence might not be taken for Impudence That he hoped shortly to clear himself of all those foul Aspersions which his malicious Enemies had cast upon him and he was very confident that he should give the Honourable Houses full satisfaction concerning his Life hitherto and thought of nothing more hereafter than to retire himself from all publick Employments Mr. Pym gave at this a great shout and desired the House to take notice what an injury he had done to the Honourable House of Commons in calling them his Malicious Enemies Whereupon the Lieutenant falling down upon his Knees humbly besought them that they would not mistake him and withal gave a large Panegyrick of their most just and moderate proceedings protesting that if he himself had been one of the House of Commons as he had the Honour once to be he would not have advised them to have done otherwise against his dearest Friend but withal told them that he might justly say he had his own un-friends which he hoped in time to make known nor did he all this time speak one bitter word against Mr. Pim though justly incensed which hath infinitely advanced his Reputation I have been a daily hearer of these Proceedings against this great Personage now upon the Stage therefore do presume I can give a reasonable account thereof The Book of his Charge is extant in Print so it shall be needful for me only to name the Articles as they were canvassed and those designed by the House of Commons to be his Accusers which were these that follow The Names of his Accusers Pym Glin Maynard Whitlock Lord Digby St. Johns Palmers Sr. Walter Earles Stroud Seilden Hamden c One of these began the Speech the rest after their Colleague hath done follow in their turn so that he hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Mr. Glyn after a large Flourish on Wednesday told the Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article such a monstrous Crime could not be deprehended yet when all was conceived in the Mass and under one view he should be undoubtedly found the most wicked and exorbitant Traytor that ever was Arraigned at that Barr. He added That his Charge was for intending to subvert and change the Fundamental Laws Liberties and Priviledges of both the Kingdoms and to introduce an Arbitrary and Tyrannical Form of Government This he said could not appear but by the Fruits which were either in Expression or Action The Expressions were four First That before several Witnesses he had said at York That the King 's little Finger should beheavier to them than the Loyns of the Law To this the Lieutenant replied That having spoken sufficiently before to his Justification in general he would moreover add these few Words by their Favours That it strike him to the heart to be attached of such a wicked Crime by such Honourable Persons yea that it wounded him deeper in regard that such Persons who were the companions of his youth and with whom he had spent the best of his dayes should now rise up in judgment against him yet he thanked God for it it was not Guilt but Grief that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such Infirmity of Body and such Anguish of Mind to collect his Thoughts and say any thing at all for himself But the Almighty God who knows him to be innocent had furnished him with some abilities to give Testimony to the Truth and to a good Conscience He therefore intreated that iâ— either in Judgment or in Memory he should at any time fail it might be imputed to his great Weakness And although the Gentlemen his Accusers should seem more ready in their Accusations than himself in his defence yet that might not prejudice his Cause who in very unequal terms had to do with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorick he doubted not might present many things to their view in a Mutiplying Glass He told them farther that for these many years he had been weary of publick service and that now it was his resolution after he had vindicated his Honour to retire himself and enjoy his much longed for privacy And yet he could not but tell them so much that it had been his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe Fruit fallen from the Tree than to be violently pulled from thence as a fruitless and unprofitable withered Branch To the Charge of Treason he said that under favour he conceived that although all the Articles contained in his impeachment were verified against him yet they would not all amount to Treason neither simple not accumulative For said he I do not understand by what Interpretation of Law the diversion of Justice can be called a Subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed that his words were cleerly inverted for that his expression was That the little finger of the Law if not supported by the Regal
At this the Lieutenant rose and humbly intreated the Lords no evidence should be received against him upon an Article of such importance but what might be thought authentique and such a one under favour he conceived that Copy not to be First Because no transcript but the Original only can make faith before the Kings Bench in a matter of Debt therefore far be it from them to receive a most slender Testimony in matter of Life and Death before the supream Judicatory of the Kingdom Secondly If Copies be at any time received they are such as are given in upon Oath to have been compared with the Originals which are upon Record such an one was not that Copy It was Replied by Master Glin for all of them spake as occasion served that the House had but the day before admitted Copies as Evidences much more should they do this when it was prosecuted by the Officer himself who best knew it having executed the same To this the Lieutenant answered that all other Copies ought to be received upon Oath to have been compared with the Original as right reason requireth but that this was not so and for the Officer himself proâ—ucing it that was the best Argument he could use why it should not be admitted For said he Master Savil may be charged with Treason for seising Men of War upon the Kings Subjects he hath nothing for his defence but a pretendedâ—Warrant from me Now what he swears to my prejudice is to his own advantage nor can a Man by any equity in the World be admitted to testify against another in suum justificationem The point seemed exceeding weighty and in effect was the groundwork of the whole Article which not proved nothing could evince him to have been accessary to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation between the sactions and above an hours stay they returned and declared that the Lords after mature deliberation had resolved that the Copy should not be admitted and desired them to proceed to other preoâ—s which after a little pause they did First the Lord Renelaugh affirms that he heard of such a Warrant and knew sometimes three sometimes five Souldiers Billeted by it Secondly Master Clare declares the very same Thirdly Another Deposeth he had seen such a Warrant under the Deputies Hand and Seal And so much for the proof For the Statute they alleaged one of Edward 3.6 that whosoever should carry about with them English Enemies â—sh Râ—bels or Hooded-Men and less them upon the Subject should be punished as a Traytor Another of Hen. 6.7 That whosoever should â—ess Men of War in his Majesties Dominions should be thought to make War against the King and punished as a Traytor They concluded It was evident the Lord Strafford had incurred the penalty and breach of both the Statutes and therefore desired the Lords should give out Judgment against him as a Traytor The Lord Lieutenants Reply was That in all the course of his Life he had intended nothing more than the preservation of the Lives Goods and welfare of the Kings Subjects and that he dared profess that under no Deputy more than under himself had there been a more free and un-interrupted course of Justice To the Charge he answered First That the Customes of Ireland differed exceedingly from the Customes of England and was clear by Cooks Book and therefore though sessing of Men might seem strange here yet not so there Secondly That even in England he had known Souldiers pressed upon men by the presidents of York and Wales in case of known and open Contempts and that both in point of Outlary and Rebellion and also even for sums of Debt between party and party there is nothing more ordinary than these Sessings to this day in Scotland whereby the chief house of the owner is seized upon Thirdly That to this day there hath been nothing more ordinary in Ireland than for the Governours to appoint Souldiers to put all manner of Sentences in execution which he proved plainly to have been done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmot Corks Evers and all preceding Deputies times And had even for Outlaries for the Kings debts in the Exchequer of Collection of Contribution money and which comes home to the point for peteet sums of money between party and party so that he marvailed quâ fronte or with what boldness it could be called an Arbitrary Government lately brought in by him To this the Lord Dillon Sir Adam Loftis and Sir Arthur Teringham deposed the last of whom told that in Faulklands time he knew twenty Souldiers Sessed upon a Man for refusing to pay sixteen shillings sterling Fourthly That in his instructions for executing his Commissions he hath express warrant for the same as were in the instructions to the Lord Faukland before him both of which were produced and read Fifthly That although all these presidents were not yet it were not possible to govern the Kingdom of Ireland otherwise which had been from all times accustomed to such summary proceedings Sixthly That no Testimony brought against him can prove that erer he gave warrant to that effect and for the Deeds of the Serjeant at Arms he did conceive himself to be answerable for it As for the Acts of Parliament he had reserved them to the dispute of his Lawyers but was content to say thus much for the present First That it is a ground in the Civil Law that where the King is not mentioned there he cannot be included But with all distance to his sacred Person be it spoken he conceived himself to be in his Master the Kings place for so his Commission did run in that Kingdom of Ireland Secondly The words of the Statute are not appliable to him for God knows he never went about in person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings own Souldiers enquiring in a customary way obedience to his Orders could in no construction be called Irish-Rebels English Enemies or Hooded-men Fourthly That the use and custom of the Law was the best Interpreter thereof and for that he had already spoken enough Fifthly That it favoured more of prejudice than equity to start out such an old Statute against him and none others though culpable of the same Fact to the overthrow and ruine of him and his Posterity Sixthly That under favour he conceived for any Irish Custom or upon any Irish Statute he was to be judged by the Peers of Ireland Seventhly That Statute of what force soever was repealed First By the Tenth of Henry the Seventh where it is expresly declared nothing shall be reputed Treason hereafter but what is so declared by the present Statute now not a word there of any such Treason Secondly By the eleventh of Queen Elizabeth where expresly power is given to the Deputy of Ireland to sess and lay
Souldiers although the same be reputed Treason in any other To the Statute of Henry the Sixth he Replied that a slender Answer might serve He hoped that no man would think him so inconsiderate to war against the King of Britain and Ireland by the sessing of five Souldiers that he had been charged by many for taking Arms for the King but to that time never for taking Arms against him and that he heartily wished that no man in all his Majesties Dominions had more practises with Rebels and Rebellious Designs against the King than himself So much for Thursday ' At the Close he desired the intermission of a day that he might recollect his Spirits and ' Strength against the next Quarrel and with some difficulty obtained rest till Saturday Upon Saturday Mr. Palmea proceeded to the sixteenth Article and Charged thus That the Lord Strafford having established a Tyrannical and Independent Authority by giving Summary Decrees and Sentences had deprived the Subject of all just Remedy for in that Kingdom there was none supream to himself to whom they might appeal and lest their just grievances might be made known to His Majesty he had obtained a Restraint That no complaint should be made of Injustice or Oppression done there till the first Address had been made to himself and that no person should come out of that Kingdom but upon Licence obtained from himself For Proof of this First the Instructions were read whereby that Restraint was permitted Seconly the Proclamation That all Noblemen Gentlemen Undertakers Officers or other Subjects that should resort into that Kingdom should not come from thence without a Licence from him Thirdly That he had restrained the Earl of Desmond because of a Suit in Law depending between the Earl and himself till Publication of the same was passed Fourthly That the Lord Roch being informed against before the Star-Chamber he would not Licence him to come into this Kingdom till the Sentence was passed against him Fifthly Than one Marchatee having pretended a mind to travel was denied a Licence Sixthly That the whole Committee for the Parliament was restrained this last year by Deputy Waniford which they said might be interpreted to be his Fact both because they had such intelligence the one from the other as also by the Proclamation issued by him before Seventhly That one Parry Servant to Chancellor Loftis was fined five hundred pounds at his return for departing Ireland without Licence Eightly That the Irish Remonstrance complained of this as the greatest Innovation and Thraldom put upon them since the time of the Conquest They concluded the Charge That by this meanes having taken of that Intelligence which should be between the King and his People and having deprived them of that Remedy which in Reason they might expect from so Just and so gracious a Prince he had taken upon him a Royal and Independent Power and had faulted highly both against King and State The Lievtenants Reply was That he hoped to make it clear that he had done nothing in that particular but what was usual necessary and just and that he should be very well able by the Grace of God not only of that but of all other his publick Actions to give a reasonable Accompt though not be free from much weakness yet certainly from oll Malice and Treason To the Particulars First For Instructions laid upon him he was not so much Chargeable as those of the Council of England whereof there was a great many present who could witness their Commands but lest any thing should seem unjustly enjoyned by them or embraced by him he desired that the Reasons of their Instructions might be read which were That it were Injustice to complain of Injuries of Oppression done in that Kingdom till first the Deputies Judgment was informed and Trial made of his Integrity That it would much discourage the Ministers of State there and expend the Monies of that Kingdom if upon every trifling business Complaints should be admitted in England And that if Justice were there denied by the Deputy it should be lawfull for any man to come over Secondly For the Proclamation That the same was builded upon the Statute of that Kingdom the 25 of Hen. 6. which contained the same Restraint verbatim Thirdly That Anno 1628. the Agents for the Irish Nation had Petitioned for the same from the King Fourthly That the Deputy Faulkland had set forth the same Proclamation Fifthly That he had the Kings express Warrant for it Anno 1634. which was read Sixthly That he had received the Warrant in January yet the Proclamation issued not out till September after Seventhly That the whole Council-Board of Ireland had not only condescended but also pressed him to it Eightly The Necessity of the Kingdom required the same for if the Gentlemen had the Ports open to go to Spain and their Scholars to Doway Rhemes or St. Omers it were likely that at their return they would put fire both in Church and State and produce very sad Events by practising to distemper both Ninthly He conceived that the King as great Master of the Family might restrain whom he pleased from departing his Kingdom without his privity and here it was not lawful for any to go from England without Licence how much more necessary was this from Ireland To the Proofs he answered First For Desmond he granted he was Restrained indeed but not for any Suit of Law betwixt them but because at that time he stood Charged with Treason before the Councel in Ireland for practising against the Life of one Sir Valentine Cooke Secondly For the Lord Roch he had often-times marvailed with what reason the man at that time could seek a Licence seeing he was a Prisoner for Debt in the Castle of Dublin and if he had granted a Licence to him then it had been a far more just Charge of Treason than now Thirdly For Marcattee he was afraid of his going to Spain and if he had intended to go for England and complain of himself he would not have refused him Liberty as he never did to any Fourthly That the Committy of Irish was not restrained by him and therefore did not concern him at all Fifthly That for Parry he was fined indeed but that it is expresly said in his Sentence that it was not for coming over without Licence as is suggested but for sundry contempts against the Councel-Board in Ireland Sixthly That he had Replied in the last Article a Remonstrance was no proof at all He concluded that he hoped the least Suspition of Treason could not accrue to him from the Article For Oppression or Misdemeanour when it was laid to his Charge he made no doubt but he should be able to answer it The same day a new man was hurried out against him Mr. Whitlock who havâ—ng past over the 17 and 18 Articles resteth on the nineteenth about the Oath administred to the Scots in Ireland and Charged thus That it
Words but if the Demands were read perhaps they would imply nothing less and if so how otherwise to be answered but by the Sword all other Means being first assayed which is ever to be supposed For Sir Henry Vane's and Northumberland's Testimony about perswading of an Offensive War he said he remembred it very well and thought it as free for him to give his Opinion or an Offensive as they for a Defensive War Opinions said he if they be attended with Obstimacy or Pertinacy may make an Heretick but that they ever made a Traytor he never heard it till now nor under favour should I be an Heretick either said he for as I was then so am I now most willing to acknowledge my Weakness and correct my Errors whereof no man hath more or is more sensible of them than I my self yet if that Opinion of mine had been followed it might perhaps have spared us some Money said he and some Reputation too of which we have been prodigal enough For the last about the Ships it proves nothing but he would willingly confess that some Ships were there detained and that by himself and his own Direction as Vice Admiral of Connaugh but it was at the Command of the Lord Admiral the Earl of Northumberland and produced his Letter to that purpose To the English Proof He marvelled much how Sir George Ratcliff's Words could be put upon him Sir George though alledged to be his Bosom Friend yet had thoughts of his own and might have some other thoughts in his Bosom and be to some other Expressions than Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my Friend Sir George as by a Proxy For his Brother He never knew him before so rash but that was nothing to him except they could prove a nearer Identity than Nature had instituted and that his Brother's Words and his were â—ll one yet withal he conceived that his Brother's Words might be very well understood of the Scots conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken something which is like a Prophesie To the Primate's Testimony with all Reverence to his Integrity be it spoken he is but one Witness and in Law can prove nothing Add to this said he that it was a private Discourse between him and me and perhaps spoken by me Tentandi gratia and how far this should be laid to a mans Charge let your Lordships judge Yea this seems to me against Humanity it self and will make the Society of men so dangerous and loathsom to us that our Dwelling Houses will be turned to Cells and our Towns to Defarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own Conceptions or craving the Advice of Wiser and Learnecer men should become Snares and Burdens to us by a curious and needless Fear yet if my Words be taken said he with all that went before and followed after I see no danger in it To the Lord Conway I may reply the same with this Addition That it is a very Natural Motion for a man to preserve himself every Greature hath this Priviledge and shall we deny it to Monarchy provided this be done in a lawful though in an extraordinary way This grain of Salt must be added to season all my Discourse To that of Sir Henry Vane of offering my Service to the King I thank him for the Testimony and think he hath done me much honour thereby but if he or any body else do suspect that his Majesty will employ me in unlawful Enterprizes I shall think them more liable to the Charge of Treason than my self To the subsequent Testimonies I shall not need to wrestle about them much only the last of Sir Henry Vanes pinches and lies sore upon me but to that which the Earl of Clare and I thank him for it hath said already give me leave to add this that the Testimony of one man is not a sufficient Witness nor can a man be Accused much less Condemned of Treason upon this and for that read the Stat. of Hen. 7.12 and of Edw 6.5 Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councel which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebank they cannot be had Sir Henry Vane gives the Testimony I deny it four only remain First The Earl of Northumberlands Testimony which was read had declared expresly that he had never heard those words nor any like them from the Lord Strafford but he spake with great Honour and regard to the Kingdom of England Secondly the Marquess Hamilton who declared upon his Oath that he had never heard such words but that he had heard the Lieutenant often say that the King was to rule his Royal Power Candidè Castè that it would never be well for this Kingdom till the Prerogative of the Crown and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keep a correspondency between the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervail how these words rested only on the ears of Sir Henry Vane but my Lords said he that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foot in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made clear by the Testimony of Northumberland the Oaths of Marquiss Hâ—milton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a precident take sooting Westminster-hall shall be more troubled with Treason then with common-Common-Law look therefore to the Antecedents and Consequents of my Speeches and you shall find the state of the question clearly altered the Antecedents were upon an absolute or inevitable necessity upon a present Invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdom which acompts afterward to the Parliament The qualifications too in a lawful convenient and ordinary way so far as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is he not publicus inspector Regni Stands it not him in hand to do something on present necessities And that these were his words he often proved over and over again by the Marquess by the Lord Treasurer Cottington Sir Tho. Jermine My Lords what I have kept to the
years of my public Employments and shall God willing to my Grave God His Majesty and my own Conscience yea and all those who have been most Accessory to my inward thoughts and opinions can bear me witness that I ever did inculcate this That the happiness of a Kingdom consists in a just poize of the King's Prerogative and the Subjects Liberty And that things would never go well 'till they went hand in hand together I thank God for it by my Master's favour and the providence of my Ancestors I have an Estate which so interesseth me in the Common-wealth that I have no great mind to be a Slave but a Subject nor could I wish the Cards to be shuffled over again upon hopes to fall upon a better Set Nor did I ever nourish such base mercenary thoughts as to become a Pander to the Tyranny and Ambition of the greatest man living No I have and ever shall aim at a fair but a bounded Liberty remembring always that I am a Free-man yet a Subject that I have a Right but under a Monarch But it hath been my misfortune now when I am gray-headed to be Charged by the Mistakers of the times who are now so highly bent that all appears to them to be in the extream for Monarchy which is not for themselves Hence it is that Designs Words yea Intentions are brought out for real Demonstrations for my misdemeanors such a multiplying Glass is a prejudicate Opinion The Articles contain Expressions and Actions My Expressions either in Ireland or England my Actions either before or after these late stirs in this Order he went through the whole Charge from the first Article to the last in an excellent Method and repeated all the Sums and Heads of what was spoken by him before only added in the twenty eighth Article if that one Article had been proved against him it contained more weighty matter than all the Charge besides And it had not only been Treason in him but also Villany to have betrayed the trust of His Majesty's Army Yet because the Gentlemen had been sparing by reason of the times to insist upon that Article though it might concern him much he resolved to keep the same Method and not utter the least expression that might seem to disturb the happy agreement intended though he wished the same might deceive his expectation Only thus much he admired how himself being an Incendiary against the Scots in the twenty third Article is now become their Confederate in the twenty eighth Article or how he could be Charged for betraying New-Castle and for fighting with the Scots at Newbourn too seeing fighting with them was no possible means for betraying the Town but to hinder their passage thither That he never advised War farther than in his poor judgment concerned the very life of the King's Authority and the safety and honour of his Kingdoms Nor saw he what advantage could be made by a War in Scotland where nothing could be gained but many hard blows For his part he honoured the Nation but he wished they might be ever under their own Climate and had no desire they should be too well acquainted with the better Soyl of England But he thought that Article had been added in jest or as a supernumerary and he very little suspected to be reckoned a Confederate with the Scots and wished as he hoped it was that every English-man were as free from that imputation as himself closing his Defence with this Speech My Lords You see what may be alleaged for this Constructive rather Destructive Treason For my part I have not the judgment to conceive that such a Treason is agreeable either with the fundamental grounds of Reason or Law not of Reason for how can that be Treason in the lump or mass which is not so in any of the parts Or how can that make a thing Treasonable which in it self is not so Not of Law since neither Statute Common-Law nor Practice hath from the beginning of this Government ever mentioned such a thing and where my Lords hath this Fire without the least appearance of any Smoak lien hid so many hundred years and now breaks forth into a violent Flame to destroy me and my Posterity from the Earth My Lords do we not live by Laws and must we be punished by Laws before they be made Far better were it to live by no Laws at all but to be governed by those Characters of Discretion and Virtue that Nature hath stamped in us than to put this necessity of Divination upon a man and to accuse him of the breach of Law before it be a Law at all If a Water-man upon the Thames split his Boat by grating upon an Anchor and the same have a Buoy appending to it he is to charge his own Inobservance but if it hath none the owner of the Anchor is to pay the loss Mr Lords if this Crime which they call Arbitrary Treason had been marked by any discerner of the Law the ignorance thereof should be no excuse for me but if it be no Law at all how can it in rigour or strictness it self condemn me Beware you do not awake these sleeping Lyons by the searching out some neglected Moth-eaten Records they may one day tare you and your Posterity in pieces It was your Ancestors care to chain them up within the Barracadoes of Statutes be not you ambitious to be more skilful and curious than your fore-Fathers in the Art of killing My Lords it is my present misfortune for ever yours and it is not the smallest part of my Grief that not the Crime of Treason but my other Sins which are exceeding many have presented me before this Bar and except your Lordships wisdoms provide for it it may be the shedding of my Blood may make way for the tracing of yours you your Estates your Posterities lie at the staâ—e If such Learned Gentlemen as these whose Tongues are well acquainted with such Proceedings shall be started out against you if your Friends your Councel denied access unto you if your professed Enemies admitted to witness against you if every Word Intention or Circumstance of yours be sifted and alleaged as Treasonable nâ— because of a Statute but because of a Consequence or Construction of Lawyers pieced up in an high Rhetorical strain and a number of supposed probabilities I leave it to your Lordships consideration to fore-see what may be the issue of such dangerous and Recent Precedences These Gentlemen tell me they speak in defence of the Common-wealth against my Arbitrary Laws give me leave to say it I speak in defence of the Common-wealth against their arbitrary Treason for if this latitude be admitted what prejudice shall follow to King and Country if you and your Posterity be by the same disenabled from the greatest Affairs of the Kingdom for my poor self were it not for your Lordships interest and the interest of a Saint in Heaven who hath left me here two
Pledges on Earth At this his breath stopt and he shed Tears abundantly in mentioning his Wife which moved his very Enemies to Compassion I should never take the pains to keep up this Ruinous Cottage of mine it is loden with such infirmities that in truth I have no great pleasure to carry it about with me any longer Nor could I ever leave it in a better time than this when I hope the better part of the World would perhaps think that by this my misfortune I had given a testimony of my Integrity to God my King and Country I thank God I count not the afflictions of this present life comparable to that Glory which is to be revealed in the time to come My Lords my Lords my Lords Something more I had to say but my Voice and Spirits fail me only I do in all humility and submission cast my self down before your Lordships Feet and desire that I might be a Pharos to keep you from Ship-wrack do not put such Rocks in your own way which no prudency no circumspection can eschew or satisfie but by your utter Ruin and whether your judgments in my Case I wish it were not the Case of you all be either for life or death it shall be righteous in my Eyes and received with a Te Deum Laudamus and then he lifted up his Eyes and said In te Domine confido nè confundar in aeternum This he spake with an inimitable Life and Grace You have his very Words as near as I can remember only with so much loss and detriment as hath perished by transcribing the Copy from his own mouth But you desire impartiality and indeed you have it and with some Grains too of allowance for I was so afraid of my own affection to the Gentleman that I rather bowed to the other extremity and therefore have set down his defences rather to his disadvantage by my rude Pen than in the native Colour to his Eternal Glory and the Confusion of his Enemies The Repetition of the Charge did not spend much time they proceeded orderly Article by Article in the very same Words and Matter as before only there were some remarkable flashes that passed from Mr. Glyn who was the man in the time of their handling He told them that he should represent the Lord Strafford as cunning in his Replies as he had been crafty in his Actions that he waved all that was material and insisted only upon the Secondary Proofs that it was more than evident throughout all his Charge how he had endeavoured to bring in an Arbitrary and Tyrannical form of Government over the Lives Lands and Liberties of the King's Subjects yea had exercised a Tyranny over their Consciences too by the Oath administred in Ireland and though his malicious Designs had taken no effect yet no thanks to him but to the goodness of the King and the vigilancy of the Peers Had they pleas'd it had been too late to have punished him for no Rule of Law had been left whereby to Censure him after the death and expiration of the Laws And if the Intention of Guido Faux might be thought Treason though the House was not blown up then this Intention of his may admit the same censure He closed that throughout all his Defences he had pretended either Warrants from the King or else the Kings Prerogative and what was this else but to draw up a Cloud and exhale the Vapour for the eclipsing of the bright Sun by the Jealousies or Repinings of his Subjects If the strength of his Piety and Justice should not dispel all these Mists and send them down to their Original That the very standing and falling of these three Kingdoms stood upon this Process all of which do conceive their safety so far interessed in his just punishment that no setling of their peace or quiet could be expected without this That they hoped the Law should never protect him who had gone about to subvert all Law nor the Nobility who had the same Blood moving in their Veins by submitting themselves to his base Tyranny lose that privilege and liberty which their Ancestors had bought with their dearest Lives Though there was no Statute for his Treason was it the less monstrous For there was none for so many hundreds of years that durst ever adventure upon such Insolencies to occasion such a Statute And were not the fundamental Grounds Rules and Government sufficient to rise up in Judgment against him without the making a particular Statute This he said he left to the dispute of the Law and concluded That seeing they had found out the Jonah who these many years had tossed and hazarded the Ship of the Common-wealth with continual Storms and Tempests there could no calms be expected but by casting him out into the Seas which in all Justice they must and do expect from their hands who are intrusted by the body of the Kingdom to do the same The Aggravation of the Offence he said he had left to Mr. Pym who here spake that Speech which is now in Print It was a Sport to see how Mr. Pym in his Speech was fearfully out and constrained to pull out his Papers and read with a great deal of confusion and disorder before he could recollect himself which failing of his memory was no small advantage to the Lieutenant because by this means the House perceived it was a premeditated flash not grounded upon the Lieutenant's last Answer but resolved on before whatsoever he should say for his own justification but the Lieutenant was not suffered to reply a word either to Glyn or Pym because the last word must be theirs And so with Tuesday ended the matter of Fact On Thursday the Dispute in Law is expected Upon Wednesday we were big with expectation for the matter of Law having done before with the matter of Fact but it seems the House of Commons had perceived a great defection of their Party and a great increase of the Lord Strafford's Friends in both the Houses occasioned by his insinuating honest and witty defences and therefore they resolved of no more hearing in public therefore it was thought upon by his Accusers to draw up a Bill of Attainder and present the same to the Lords whereby first the matter of Fact should be declared to have been sufficiently proved and then in the matter of Law that he had incurred the censure of Treason for intending to subvert the fundamental Laws of the Kingdom for though said they he cannot be charged by Letter of Statute of the twenty fifth of Edward the third yet he is within the compass of the Salvo whereby it is provided that the King and Parliament hath Power to determin what is Treasonable and what not and that they were confident the Lords would ratifie and approve of this Bill of theirs and give Judgment accordingly The motion was stoutly opposed by three great Lawyers all Members of the House Selden Holborn and
be answerable for all his Errors when they were to be charged upon him and to this noâ— of them should concur with greater alacrity than himself That he hoped none of theâ— would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concur with them to punish this man as a Traytor and desired therefore that they would think of some other way how the Business might be composed Nor should it ever be less dear to him though with the loss of His dearest Blood to protect the Innocent than to punish the Guilty At this the House of Commons startled and adjorned themselves till Monday divers censures are past upon the King's Speech even of those that lov'd His Honour some think he was drawn to this by a certain fore-knowledge of the Lords facility to give way to the Commons and that it was better to express himself then if by that means he could hinder the Sentence than to countermand the Execution thereof when it was passed and so draw all the envy upon himself Others are of opinion which is more probable that this hath been a Plot of the Kings bosome enemies to set him at odds with His Subjects that thereby they might Fish the more securely in these troubled Waters The reason is because it is very likely the Lord Strafford might have passed free by the Voices of the Lords but now howsoever the matter falleth out all the blame will be imputed to the King for if he be condemned it will be no thanks to the King if justified that will certainly be laid to the King too as who by His Threats and Menaces hath forestalled the Voices of his Nobility It is conceiv'd by wise men and such as wish no evil to my Lord Strafford that it had been far better both for the King and him to have first â—â—yed the utmost of the Lords for the King because it was both possible and probable that he might have gained the Declaration of the Lords for him if not it was time enough to Interpose His own Power afterwards for the Lord Strafford because it hath made the House of Commons a great deal the more pressing fearing by the King 's Peremptory Answer from whom in regard of the advantage of the times they expected nothing but a Concedimus omnia that there is some Plot under hand And these thoughts produced the late tumults of the Londoners of which more by and by And it is verily thought that for these two Reasons the Lieutenants seeming Friends but indeed real Enemies have put the King upon this way hoping thereby that the Lords should find occasion to pretend necessity of doing that which perhaps in regard of common equity or the King's displeasure they could nor durst have done howsoever Facta est alia the King is now so far ingaged that with respect to Honour and Conscience he cannot retire for if the Procedure be by a Legislative Power it falls directly upon him nor can he give his assent if by a Judiciary then must he either hinder the Execution or be said to have Charged himself with Injustice This hath produced strange alterations even the Marriage of the Prince of Orange done on Sunday last May the Second with ordinary Solemnity is now exceeding hateful to the Commons which so much before desired it some say the Precipitation of that Marriage Imports no good others that the Parliament had condescended to that Marriage but did not expect that Acceleration a third sort that the Party is mean enough if not too low for the King of England's Eldest Daughter all of them that the Dutch-men have offered Money to the King for a new Service of War and have thereby bought this Honour this is increased by the Landing of a Dutch-man who is to be Gentleman of the Kings Horse And shortly with us the Hollander will be no less odious than the Spaniard Oh the wonderful changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty means and to get the Reins cast about their own necks it ranges madly up and down nec modum tenens nec terminum nor is capable of subsistance till it hath lost it self and what it so much affects Liberty So Knives are put into the hands of Children who discern no danger but affect them for their splendor and glittering So Poyson into the Mouths of Fools which is judged only by the Taste and Sweetness But it seems the Judgment of this Kingdom cannot be prevented and because they have sinned against themselves by abusing their Plenty and Fatness it is the just Judgement of God that they be the Executioners of his Judgments upon themselves Before I tell you of Monday and Tuesdays Madness I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentices beset the Spanish Embassadors House neer Bishopsâ—gate threatning to pull it down and kill the Man the Mayor of London comes amongst them and with a great deal of pains persuaded them to retire home and afterwards entred into the Ambassador's House at his coming in the Ambassador desired him to pull down his Sword which was carried before him because he was now where the King of Spain had Jurisdiction That being done he told the Lord Mayor that in all his life time he had never seen such a barbarous attempt and desired to know whether England was a civil Nation or no where the Law of Nations was so monstrously violated The Mayor replied That they were of the base and rascally sort of People and intreated the Tumult might not be imputed to the Town The Ambassador answered That he could hardly acknowledge that to be a Town â—eâ— scarce a Society of Men where there was so little Civility and Government The Mayor told him That the people were discontent because Mass was said in his house The Ambassador replied That the English Ambassador had the free Exercise of his Religion at Madrid and that he would rather forgo his life than any of those Privileges due to him by â—action and the Law of Nations The Mayor answered They were the more incensed against him because the Londoners popishly affected were permitted to come into his house to Mass which was beyond both Law and Custom The Ambassador replied That if the Mayor would keep them without doors he would promise to send for none of them but if they came once within his doors he could not in preservation of his Conscience or his Master's Honour deny them either access to his Religion or safeguard to their Persons as far as in him lay Upon this a Guard was appointed to attend the Ambassador's house whether to keep out Papists or to preserve them that were within or to let in others is yet to be disputed The storm was quiet from thence 'till Monday when the people being inflamed again by the King's Speech
times or help our patience and Resolutions give us either redress in thee or confidence in thee The wiser sort conceived these two Bills too big for them to desire at once and that both of them together might procure a flat denial but the more couragious knew the readier way by far having often had experience of his Majesties readiness to grant just desires resolving that he that expects to lose the day is beaten at his own diffidence and it is the quality of some men to swallow Camels upon a sudden who if you give them leisure will perchance strain at a Gnat. Their Resolutions may aim at this but despair to remedy that Nature gives the reason Omne agens se exercet intra spharam Activitatis Dangers if they come but stragling upon us we may collect our spirits well enough and easily resist them but if they come by whole troops Amazment and Fear admits of no consultation for the future but only intends to decline the present and pressing hazard whereon the ancient Gaâ—ls made their first on-sets with valour beyond the courage of men and with feareful cryings and shouts belying their own Animosity to stupify and quell that of the enemy Sunday All the day the King was resolute never to give way to the Bill against the Lord Strafford telling them withal that it seemed strange to him that the man could not dy unless he and he only by giving Sentence the Kings Legislative way should condemn him The Lord Pembrook brought the King a piece of Scripture 2 Sam. 19. from the 5 to the 9 verse the words indeed became a Joab rather than himself till he had scattered the force of the Kings not eldest Son yet eldest Daughter the Kingdom of Scotland here is some Analogy with Absalom and in nothing else for David was sorry for shedding the nocent they not sorry for shedding the Innocent blood though the Issue be not the same Four Bishops were sent for by the King the Primate of Ireland the Bishop of Durham Lincoln and Carlile Some say and I do rather believe it that the King was desirous the Bill should be voiced again and argued the Bishops had their suffrages in the admission though not in the approbation of the Bill others think in regard the Primate was there who had no Interest in this Kingdom it was to resolve the Kings Conscience for my part I see not how they should do this seeing the business was grounded upon a case in Law which none of them unless the Bishop of Lincoln had learned when he was Lord Keeper could possibly discuss for if the King was tender in it how could they persuade him to give way if not what needed their Resolution But it may be that they persuaded him that in conscience he might prefer the Opinion of the Judges before his own and that if though with some reluctation they thought upon their Oaths the Proceedings to be lawful he might give way to them This is not unlikely because the Judges were sent for the same time and it seems for the same Service and if it be so I admire and adore too the wonderful providence of God who in his preparatory Act to this unlawful Judgment which undoubtedly will follow suffers not only the King and the Country but the Church too as if her Cup were not yet full to be involved But could this be to the matter of Fact the King I am sure knew him to be free from any the least intention of subverting the fundamental Laws of the Kingdom and could the Bishops satisfie this scruple too it may be they are persuaded that the Proofs might be taken Implicitly from the House of Commons as the Law from the Judges It is reported indeed that they besought the King with many Tears to give way and that to prevent the ruin of the Kingdom which these Statesmen who will be ever content with the longest life for themselves 'till by piece-meal they be thrust from all did see would necessarily follow Well I dare Prophesie to them they shall not want their Reward neither from the King nor People for the next tumult of people shall be against their Liturgies Surplices and Church-Ornaments And seeing they have now over-persuaded the King in this if they can procure him then to protect themselves from those imminent dangers which hang over their heads they shall do a miracle Sed quos perdere vult Jupiter dementat Some body else will persuade the King that to satisfie the common People and to prevent the Ruin of the Kingdom Bishopricks Deans Prebends and all Cathedrals must down Sed omen avertat Deus optimus Sunday all day nothing sounded in the King's Ears but fears terrors and threatnings of worse and worse the noise of Drums and Trumpets were imagined to be heard of rebelling People from every corner of the Kingdom yea Apprentices Coblers and Fruiterers presented themselves as already running into the King's Bed-Chamber After they they had wrestled him breathless and as they do with great Fishes given him scope of Line wherein to spend his strength at last victus dedit manus being overcome with such uncessant Importunities he yielded up the Buckler And about Nine of the Clock at Night oh deplorable necessity of the times or rather oh the frailty of human Nature that can neither foresee nor sustain this necessity the King promised to Sign both the Bills the next Morning which was accordingly done and a Commission drawn up for his I do not care in what Relation you take the word Execution Ingentes Curae stupent loquuntur leves Though I had resolved with the Painter who could not express his Grief sufficiently in weeping for his Daughter here to have drawn the Curtain yet it will not be something must overflow Consider the Gentleman as a Man his Judgment Memory Eloquence real Perfections in this age of appearances consider him as a Subject his Loyalty his Courage his Integrity to King and Country in these disloyal and faint-hearted times consider him as a Christian his love to the Church his respect to Church-men in this prophane and over-weaning Generation let Worth Honesty and Religion weep his Funerals who suffers for all and yet by all yea as an Enemy to all these talk not hereafter to me of Justice Equity or Conscience they are but Names and those scornful and empty Names too It is Power Faction and Interest that are the managers of human Affairs and sways the times I defie all History to furnish us with the like Parallel of a man accused by his Country by reason of his noble and eager desires to maintain them in plenty and reputation convicted by the Church for his actual performance and serious intention to restore both the Dignities and Revenues thereof his Prince even forced to condemn him after his integrity to persuade due obedience and to protect Royal Authority Happy yea thrice happy he whose Innocence was wedded to
the other Secondly That neither he nor they had ever given Sentence or determined any thing concerning Matters of Inheritance but only concerning violent intrusion which fell directly within a Suit of Equity To which he added First The Equity of that Court that it proceeds upon the same Grounds and Evidences of that of the Common Pleas and that he had the assistance of two of the Learned Judges in deciding the Controversie Secondly The Profit of that Court which dispatcheth the poor in a day or two whereas the common-Common-Law would keep them so many years which they are not able to sustain Thirdly The Necessity of that Court in that Kingdom which hath been ever governed by that way and therefore impossible to debarr the Natives from it without great inconvenience for it would utterly undo them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable commanded to it and the Sentence just he hoped rather for Thanks from the State than a Charge for his ill Deportment withal he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that piece of Land and made the playing of his Game to be very foul And at last he added That he had done no more in Ireland than the Courtâ— of Request in England usually doth and that the Chancery-Court in Ireland doth the same daily and the last Chancellor was never Charged said he for such Proceedings though this his Power and Authority was less than mine But the difference of the Person and his Authority it seemeth differeth the Matter And this was the Business on Monday On Tuesday they passed by the 7th Article and the two first parts of the 8th about the Lady Hibbot's Land That he had violently thrust her from her Possession by this Summary way of Justice and afterwards Purchased the Land to his own use by borrowing the Name of Sir Robert Meridith In this Probation the Testimony of the Gentlewomans own Son was used of the Lord of Cork and the Lord Mount-Norris all his back-Friends or professed Enemies and yet they proved very little but what they took upon Hear-sayes Their prime Allegation was First That though the Major part of the Council-Board had Voted for the Lady yet the Lord Lâ—utenant had given Decrees against her Secondly That all was done to his own behoof To the First He produced the Sentence under the Hand of the Clerk of the Council-Board Subscribed by the Major part To the Second He attested that he had no under-dealing with Meredith for the Lady had got her own Lands back from the said Sir Robert Meredith he also declared at length with what fraud and deceit the Lady had come to her Lands and upon what Reasons they were restored After this Article they fell upon the 9th about the giving of Commission to the Bishop of Down and Connar for apprehending all such Persons and presenting them before the Council-Board as contemned the Ecclesiastical Ordinances ' This was aggravated as a Point mainly against the liberty of the Subject To this he Replied First He produced the Primate of Ireland's Testimony under his Hand he being himself sick that the same course had been used in Ireland before and that Bishop Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly He shewed the Equity that such assistance should be given to Church-men who otherwise because of Papists and Schismaticks either to God or the King would have no Repect or Obedience given them in that Kingdom Thirdly He proved by two Witnesses that such Warrants were in use before his time Fourthly He said he had never granted any but that one and had presently within some few Months called the same in again what said he was the Bishop of Downes carriage in it he had no reason to answer for but he presumed the Bishop could give a satisfactory answer for himself when he should be called in question and so he concluded that a matter so just so necessary so customary and practical before he hoped should not be Charged upon him as an Introduction of a new and Tyrannical Form of Government and therefore submitted himself to the Mercy of God and the Equity of his Peers in his Trial. And this was the Work on Tuesday ' The Ability of this brave Gentleman ravished his Hearers with admiration though he be ' infinitely spent both in Body and Mind by the continued and almost unâ—interrupted Agitation After the Ninth Article was passed against the Commission issued in favour of the Bishop of Down and Connar Upon Wednesday Mr Glyn proceeded to the Tenth Article The Charge was That the Earl of Strafford having established an Arbitrary and Tyrannical Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crown it self that by applying to his own use the Publick Revenues he might be the more enabled to accomplish his Disloyal and Trayterous Intentions To which end having by a new Book of Rates enhaunced the Customs he had gotten by advantage of his Lease above twenty six thousand pound yearly This they added was a Crime of higher nature than those contained in the preceding Articles because in those there was some colour or pretext of Justice here none those in Particulars this in General those against the Subject only this against the King himself For the Proof of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchess of Buckingham which the Lieutenant hath now by Assignment and some Difference shewn arising to the Sum of two thousand pounds in the Dukes Lease only the Moiety of concealed and forfeited Goods were due to him but the whole Goods to the Dutchess in her Lease Again the Kings Ships of Prizes did not pay Custom in the Dukes Lease in the Dutchesses they did Again the Impost of the Wines then belonging to the Earl of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly Whereas the Earl of Strafford paid but fourteen thousand pounds per annum for the Custom it was worth to him as was apparent by the Books of the Exchequer forty thousand pounds Witnesses were examined First Sir James Hay who deposed that the Earl of Carlile had an advantage of one thousand six hundred pounds per annum by his Lease of Wines Secondly The Lord Renelaugh who deposed that by the inspection of the Books of Accompts he had found the Customs to be Anno 1636. thirty six thousand pounds Anno 16â—7 thirty nine thousand pounds Anno 1638. fifty four thousand pounds Anno 1639. fifty nine thousand pounds With the Proof they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeal and Honesty in His Majesties Service yet it is evident he had abused the Trust put
about the two first particulars but did hear of none and that it was no small disadvantage to him to be charged with a great many odious Crimes by a Book Printed and flying from hand to hand through the whole Kingdom yet when they came to prove there should be no such thing laid against him Secondly About the Speeches He ingeniously confessed that some such thing might perhaps have escaped the dore of his lips when he saw their backwardness to his Majesties Service and as the times were then conditioned he did not think it much amiss to call that faction by the name of Rebels but yet he thought he had abundantly satisfied for that oversight if it was any at York For having understood there that the City of London were willing to make a Loan of Money he there before the great councel of the Peers expressed himself to this sence that the Londoners had sufficiently made up all their delays hitherto by their Act that the King was oblieged to their forwardness and that he himself should be as ready to serve them as any poor Gentleman in England About the other words he said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earl of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinal had given some such order as to leavy Money by forces this he said he only told the Lord Cottington standing by without the last application or intention concerning the English Affairs Cottington being examined upon this declared the same in the same manner Thirdly to Sir Ralph Freeman he said that his Testimony did not concern the Charge at all nor did he think any thing amiss in it though he had said it if the Servants of the Mint refused 〈◊〉 work according to directions they did deserve the House of Correction nor was it Treasonable to say the King might use that House for the Correction of his Servants as well as any Man in the Citty for theirs Fourthly He said that there was no great likelyhood that he had committed real Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had been fully verified and therefore in that as in all other Articles he reserved a power for his Councel to dispute in matter of Law They went to the Twenty seventh Article and Charged thus That immediately after his Appointment to be Lord Lieutenant to the Army here in England he shewed what Principles of Arbitrary Government lurked within his bosom for by his own immediate Authority without and against Law he had laid Impost of Money upon the Kings Subjects where they mention three Particulars First That he had imposed 8 d. per diem upon the County of York for entertaining the Trayned Bands there one whole Month. Secondly That they had sent out Warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That he said that it was a Crime nigh to the Crime of high Treason not to pay the saâ— Fourthly They added that in his general Replies he had brought two things for his defence first that this mony was freely and voluntarily offered by those in York-shire secondly that the great Councel of the Peers had notice of the same To the first they answered that a Petition was indeed preferred by the York shire men and a Month pay offered but that the Lord Srafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby he evidently declared what little â—nclination he had to that way To the Second They appeal'd to all the Lords present whether any such Order did pass before the Council of the Peers at York The Proofs were First A Warrant issued by Colonel Pennyman for this Money and another by Sir Edward Osborne Secondly Mr John Burrowes who declared that he was Clerk to the great Council but did remember of no Order and withal added that it might have passed at that time when he attended at Rippon Thirdly Mr. Dunston who declared that he had known that Money levied by some Musqueteers Fourthly By Sir William Ingram who declared that he had heard the Lieutenant say that to refuse the same came nigh to the Crime of High Treason The concluded the Charge That by these Particulars it was more than evident what unhappyâ— Purposes and Trayterous Designes he had to subdue this Kingdom and subvert the Fundamental Laws and Priviledges First To the Petition That it was a true Petition drawn up by the York-shire Gentlemen and as true that he had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties coming to York it was thought necessary for the defence of that County to keep the Trayned Band on foot because the Enemy was upon the Borders and therefore the King directed him to write to all the Free-holders in York-shire to see what they would do for their own defence The Time and Place were designed by the King but the night before the Meeting a small Number convented and in a private and factious way did draw up that Petition upon the morrow at their appointed Diet in presence of the whole Number the Petition was presented to him where he did advise them to leave out that Clause and that because he knew the King out of his own Gracious Disposition had intended to call a Parliament which he desired should rather be freely done than upon the constraint and importunity of Petitions moreover it would seem a Mercenary thing in them at one and the same time to offer a Benevolence and withal to Petition for his Favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of Mouth to offer unto the King the Months pay in their Names which he did accordingly in the presence of Forty of them to their no small advantage This he proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savil Sir Thomas Danby who all of them declared as much in ample terms and withal added That nothing was done upon better grounds of Necessity and Obedience than the Offer of â—hat Money and that they never had heard any man grudge against it to this time For the Second about the Council of Peers he alledged that he never made mention of any Order of theirs but he remembred very well it was twice propounded before them that the King had approved it at that time a just and necessary Act and none of the Council had contradicted it which he conceived as a tacit approbation and an Order in Equivalence But though that had not been yet there was nothing done in the Business but at the special desires of the Gentlemen themselves and for their necessary
Bridgeman who made it manifest that the Salvo of 25 Edward 3. was repealed and that no man could now be convicted of Treason but by the Letter of that Statute But being put to Voice it was carried for the Bill and a Committee appointed for to draw it up This gave occasion of much talk abroad and they who were otherwise the Lord Strafford's Enemies could not find Equity enough in the Bill of Attainder Some could not conceive what difference imaginable was betwixt the Bill and the Charge presented before for in the Charge he was accused of Treason and the Bill though they had no Legislative power seemed nothing but an Affirmation of the same Others who would have the Bill understood of a Definitive sentence because it was consecutive to the Proofs were not satisfied but that it was against all practice that the Commons should give sentence upon the death of a Peer and that it was against common Equity too that the Party accusant should give the Judgment if the complainers were admitted to be Judges A third sort gave it out that this was no Sentence against the Lord Strafford but only a passing of a new Act of Parliament about a matter not hitherto declared Treasonable but yet these doubted that by declaring the matter of Fact to be approved and applying the censure to it in reference to the Lord Strafford it would ever be thought a Sentence against him to blemish his own Fame and the Blood of his Posterity Moreover that if they were about to make a new Act it were strange to punish a man for the breach of such a Statute as was not yet extant in Rerum Naturâ which should in reason refer only to fuâ—ure obedience And what is more strange though there were a new Statute yet by what Authority the Parliament hath or could declare any Individual or Accumulative Act which is already to be Treasonable which must be Treason by virtue of a Statute or else no Treason at all now there is none can be brought except the twenty fifth of Edward the third whereof the Letter of that Statute cannot by their own Confession nor was not so much as once alleaged against the Lord Strafford and for the Salvo or Proviso which they mainly insisted on the same stands repealed by two posterior Acts of Parliament You have the Mutterings of all sorts of People The Lords fearing the Proceedings as a beaten Path trodden out to the ruin of their own Lives and Estates told the House of Commons in their Conference upon Thursday That they would go on the same way they did already and according to the Order of the House give full Audience to the Lord Strafford's Councel in matter of Law and that they themselves as competent Judges would by themselves only give Sentence in the Cause nor was there any other course sutable to the practice and Statutes of the Kingdom the Safety of the Nobility or to Equity or common Justice It was replied by them of the Lower House That they were resolved to go on with their Bill and if the same should be rejected by the Lords they feared a Rupture and Division might follow to the utter Ruine and Desolation of the whole Kingdom that no content would be given to the Subject and this was a strong Argument indeed yet better beseeming Partiality and Violence than the pretended Justice and Piety of the times unless the man who had so much intruded upon their Right and discontented the People might be punished as a Traytor and for the practice of the Kingdom that no man had ever found such a favourable hearing and that the Process against Essex Norfolk Somerset were all of them closed up in one day Upon Friday the Lords gave Answer That they could expect nothing from the House of Commons but what should tend to the Peace and Preservation of the Kingdom nor was there a more forceable way than to preserve the Laws and Customs thereof lest Innovation so much complained of by them might unhappily be found among themselves That the Subjects should have all that Justice could afford but that an Act of Injustice would never give satisfaction to the World nor safety to themselves the Eyes of all Foreign States being fixed upon the business now in agitation and the wisdom of our Nation either to be much advanced or depressed by their Judgments in this Case That the Process against Norfolk and Essex for Somerset was convict only of Felony and had not so much Animadversion to save himself by his Book were for direct and formal Treasons comprised in one or two Individual Acts but this against the Lord Strafford only Arbitrary and Accumulative to be pick'd out of Twenty eight Articles And therefore that it was impossible to have a full Examination of them all to give Sentence against him and those Noble men were charged with some Actual breach of Statutes formerly made but here a new Statute was to be made or else he to be found guiltless They concluded that they had given Order for his appearance on Saturday and that in the Great Hall at Westminster where the House of Commons might if they pleased be present After some deliberation with the House the Conferrers answered That since the Lords had so resolved they would not deny to be there present and to hear what his Councel could say for him but to reply any more in public they neither could nor would because of the Bill already past only if the Lords should take any scruple in the matter of Law they would be ready to give them satisfaction by a private Conference so they willingly declined to do what indeed they could not possibly do that is to give public satisfaction in the matter of Law Upon Saturday they convened in the Great Hall but they that were of the Committee for the great Charge did not stand at the Bar as before but sat promiscuously with the rest of their Fellows so that a mouth was not opened in the behalf of the House of Commons all that day After they were set the Lord Steward told the Lieutenant That the Lords had resolved to give him a fair hearing in the matter of Law and therefore desired that the Councel might keep that distance moderation and respect to the Judicatory that was fitting and not at all to meddle with the matter of Fact The Lieutenant replied That in all humility he did acknowledge that favour from the Lords and that it was such an one too as he could not but expect from such honourable Peers and just Persons in whose integrity and goodness under that which he had placed above he had reposed his chiefest confidence for his Councel they knew much better than himself what concerned the point of Discretion and Reverence and that he doubted not but that they would give all satisfaction and obedience Then his Councel were called to the Bar Mr. Lane the Prince's Attorney Mr. Gardiner Recorder of
London Mr. Loe and Mr. Lightfoot Mr. Lane spake and much to this sence and purpose My Lords there is an heavy Charge lieth on me and my Fellows nothing less than to defend the Life the Estate the Reputation yea the Posterity of this Honourable Person at the Bar if therefore we shall be more pressing we hope your Lordships will interpret this our forwardness to be for Honour and Conscience sake in a matter that concerneth both so nearly But it shall be our endeavour to carry our selves with our best respects to your Lordships and with all content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of Fact one thing I dare be bold to say that all the time of this Noble Lord's defences he did not so much as crave any one of our Opinions yea or acquainted us with any thing that tended that way And for the matter of Law those Statutes cited by himself were none of our stock but taken up at his own adventure nor do I speak this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right Conceptions and his own due Praise My Lords It is your pleasure we meddle not with matter of Fact and indeed we need not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Law doth so naturally arise out of the matter of Fact that of necessity under your Lordships savours we must somewhat grate on this if we speak of that nor do I conceive it possible for us to speak advantagiously enough for the Lord Strafford's just defence unless the whole matter of Fact be determined either as proved or not proved or at least some states of Questions agreed upon where we may fix and settle our Arguments and therefore it is my Lords that I have chosen not at all to touch the matter of Law until your Lordships shall be pleased to chalk me out â—way unless it be to clear your judgments in one Statute only viz. 25 Ed. 3. Because when the same was alleaged by the Lord Strafford in his own Defence that not being convicted of the Letter thereof he could not be convicted of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speak of the Statute it self and then of its 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 King's Coyn or counterfeit the Broad-Seal c. he shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeed it cannot be with any reason all that can be said is That by Relation or by Argument à minore ad majus he may be drawn thither 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 Laws of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for Penalties are to persuade the keeping of known Laws not of Laws 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 to obey the Letter of the Statute and conceive and that truly that he is not lyable 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 of Ed. 3. We have a Statute declaring That for a Servant to kill his Master is an Act of Treason and in the three and twentieth year of the same King a Process of Treason was framed against a man for killing his Father grounded upon the same Argument à minori ad majus But it was found and the Sentence is yet in the Records that although in the one and twentieth year of Edward the third that Argument might have been admitted yet in the 27 it could not by reason of the Declarative Law intervening in the 25 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 a 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 considerations First That one or more Acts of Injustice whether maliciously 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 It is very incident to man's Nature to err nor doth the Lord Strafford plead his innocency in over-sights but in Treason Secondly I do remember the Case of John de la Poole Duke of Suffolk this man in the twenty eighth 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 1. That he had given the King bad advices 2. That he had embased his Coyn. 3. That he had sessed men of War 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountain of Justice 7. That he had persuaded the King to unnecessary War and to the giving over of Anjou in France Ovum Ovo And for all these though he was Charged with High Treason for wronging the right of the Subject and subverting the Fundamental Laws of the Kingdom yet after a long Agitation the matter was found by the Lords of Parliament not to imply Treason but only Felony Add to this another who in the twenty third of Henry the eighth was charged for subverting the English Laws and yet no Treason charged upon him Add to both the Charge of Richard Larks pleaded at the Common-Pleas who was charged with Treason for subverting the Law but convicted only of Felony by which you may see my Lords what to this time hath been subverting
or else to give them some States of the question whereunto they might confine themselves Upon this motion the House was adjourned for that day nor hath it met since for the House of Commons are turned to their old byas and will hear of nothing but the Bill of Attainder but the Lords seem to be more resolute than before because they find that they have no Authority to declare a Treason in a Fact already past the Salvo of the twenty fifth of Edward the third being Repealed withall that if the Bill of Attainder should proceed the King hath as great power to hinder that at the last blow as any other Statute but I hope the Lords will disburthen him of that envy All the which stand obliged to the Lord Strafford in blood affection or deserving and all who have been interessed with him in the King's Service and many too who both hate his person and dislike his proceedings will doubtless look upon it and tender their own safety all of them in likelihood being subject to the Charge of Treason if ever they chance to be called to do the King Service in any place of importance I cannot express how much the voice of the multitude is now altered from what it was lately nothing now talked of what should be done but only of what must be done So that if the Lord Strafford dyes his very Enemies will confess that it is done more for necessity than for Justice and rather for the satisfaction of rancorous apprehensions than for any guiltiness in the Cause Thursday last viz. April 29. was designed for the Agitation of the long intermitted business concerning the Lieutenant and the way was this The Lords did meet at the Great Hall at Westminster about Nine of the Clock not in their Robes nor did the Lord Steward sit upon his Sack but with the rest promiscuously nor did the Committee for the House of Commons stand at the Bar but sat with the rest of their Fellows and the Earl of Strafford sat behind the place where he used to sit before the reason of these changes were because the Diet was appointed not for a Meeting but for a Conference so curious are we and that 's all about formalities The King Queen and Prince were there according to their Custom not a man spake a word in the House all the time but only Mr. St. John the King's Sollicitor one of the Committee whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor And withal to reply to what the Lord Strafford had spoken either by himself or his Council in matter of Law The Speech is in Print If it were not without my Sâ—ere to give my opinion of Mr. St. John's Speech it should be this That he spake little 〈◊〉 â—othing to purpose except in his fift or sixt Arguments and in them I believe without his book if not I should conceive it better and safer to live under the Laws of any other Nation that these of England where all Law is at last resolved into an Arbitrary power and that by these very men who so much elsewhere enveigh against it Of the Presidents which seem to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the Pleaders penury others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Mr. St. John did rather advantage than hurt the Earl by his Pleading The next news which we expect to hear is with what Resolution he went out of this World for it is concluded amongst the major part of his Judges that one must die for the People It were well if the blood of one two or three could satisfie The Bill for certain is past the higher House to which 't is thought the King will be perswaded to give way The Scaffold is built upon the Tower-Hill God grant him Mercy for his other Sins and I hope he will easily answer that of Treason He dies as we hear upon the Twenty third Article for the words attested by Sir Henry Vane though His Majesty publickly protested the Words were never spoken by him Upon the close of Mr. St. John's Speech the House dissolv'd nor was there a Word spoken but by Mr. St. Johns only the Lord Lieutenant used the last part of his Rhetorick and by a dumb eloquence Manibus ad Syderatensis all along Mr. St. Johns Speech made his Replies with a deep silence Upon Friday he Petitioned the Lords to be heard again and that because his Lawyers had not fully spoken at their last meeting but this was denied him because the House were to have the last Speech nor were they content to speak again Upon this Information or what else is not known the King it seems fearing the Inconstancy of the Lords came to the House of Saturday at Ten of the Clock and having called for the House of Commons spake much to this effect The King's Speech to the House of Commons THat He had sincerely without Affection or Partiality endeavoured to inform himself concerning the Lieutenants Charge and had at length seriously pondered with himself both concerning the matter of Fact and the matter of Law and now it stood him in hand to clear their judgments then to exonerate his own Conscience For them He had two things to declare First That there was never such a Project nor had the Lord Strafford ever offered such advise for the Transporting of the Irish Army into England so that in nothing the Lieutenant had been more mis-understood than in that Which imputation did in no small measure reflect on himself the King as if he had intended to make War upon His own good Subjects which thought he said was far enough from his Breast nor could any man in probability think so unworthily of him who had perceived how graciously he had dealt with His Subjects elsewhere that had deserved a great deal worse Secondly That the Lieutenant had never advised him to establish an Arbitrary Government nor if he had should he have escaped condign punishment nor would any of His good Subjects ever think otherwise unless they conceived him either to be a Fool or a Tyrant that he either could not or would not discern such wickedness He was well content he said with that Authority and Power which God had put into His hands nor should he ever think it His Prerogative to intrude upon the Propriety of the Subject For Himself and His own Conscience he said he was now to Declare That in His own judgment there was nothing in the Process against the Lieutenant that deserved the censure of Treason Over-sights and Mis-demeanours there were in such a measure that he confessed the Lord Strafford was never worthy hereafter to bear any Office in His Kingdoms no not so much as of a Constable but was to
his Perfection and both of them for so it shall ever be in my Kalender crowned with Martyrdom Forgive I intreat you these broken Expressions of a passionate Soul my obligements to the Gentleman were little my expectation from him nothing only an ingenious though perhaps a simple thought of the present Crimes and future punishment of this Kingdom unless God be more merciful whether from the privation of his Life or merit of his Death hath extorted thus much from me Remember the story of Innocent Socrates You desire me to be present and see the Catastrophe of the business I should pluck out mine Eyes if I thought they had so much cruelty to behold such a spectacle you may think it courage but I inhumanity My own Sins do too much interest me in his sufferings though I be not accessory by my sight The zealous Pilgrims of the Turkish Religion after they had seen the blessed Spectacle of Mahomet's Tomb at Mecca do presently make themselves blind by continual poaring upon hot burning Bricks so destroying the Optick Nerves as thinking themselves unworthy ever afterwards to look upon any worldly Object I leave your self Sir to make the application I dare ingeniously say it that all my sufferings to this time and I have not been without a round share of them did never touch me so nearly as the sufferings of Justice Religion and Loyalty by this one Fact Not for any evil consequence to me God knows I am beneath the reach of Fortune and can easily change my Climate but for that Cloud which hangeth over the public and will not I fear be dissolved till the measures of deservings be made up brim full What turbulency what confusion is within me you may easily guess by these Symptomes that are without those raw and indigested expressions it is my dayly labour to obtain the Mastery of my self and my affections but upon such extraordinary times and occasions they grow too strong for me I must give way and retire before I get new strength again Hence it is that though at the Lord Strafford's last departure out of this World I might have been assured of his Mantle that is the doubling of his Perfections upon me and of a capacity to admit of the least of them yet I could not have attended his Execution my heart was too weak and my Eyes too blind to behold such a woful spectacle but be you assured he will not dye like one of the vulgar nor like one of those wanton Coursers who can rush fiercely into the Battel yet withall start at his own shadow He hath done and can do greater things than dye and that too without any in-decorum As he hath lived for the real Demonstration of his service and fidelity so he can dye for the pretended safety of his Soveraign and that in a strange way too as if the head could not be safe but by cutting off the right hand Sir your desires have obliged me to unty my Wounds yet scarce bound up and by reflection upon that sad object to fall a bleeding again nor can I grant your suit to make that great Lord speak in his own dialect Pythagoras's transmutation could not have found out a fit lodging for that noble Soul nor doth nature give us wonders every day nor strain her self ambitiously to shew forth the utmost reach of her perfections or Master-piece and to present us with such a rare conjunction of such a courage attended with loyalty to danger wisdom accompanied with eloquence to admiration What could not that man think What think and not speak What speak and not do But I will not be too Rhetorical that Speech or rather Blemish printed and pretended to be spoken by him in the Tower is as like him as he was to a Pedant his Soul now laughs if that natural sence could reach so high at that poor injury it doth exceedingly well become the Charity of the times not only to perturb his rest but also by belying his Expressions to make his own hands the Scatterers of his own dust and his own Tongue the Trumpet of his own infamy That Speech is a foist and a lye His other Speech on the Scaffold and with it his Letter to the King you shall find at the end of this Letter in the best way we could get it something of his greatness appears in his phrase and as much life too as could by snatches be gathered from his mouth yet it comes far short of that Grace which it had when it was delivered by himself what by the escapes of the Observers what by the Faint-heartedness of the Press which durst not speak freely for fear of Arbitrary Treason Two observable Expressions I had from an understanding Auditor First Sir George Wentworth weeping extreamly upon the Scaffold was thus checked by him Brother what do you see in me that deserves these Tears Doth my fear betray my guiltiness Or my too much boldness any Atheism Think now and this is the third time that you do accompany me to my Marriage Bed Nor did I ever throw off my Clothes with such freedom and content as in this my preparrtion to my Grave That Stock pointing to the Block appointed for his Execution must be my Pillow here must I rest and rest from all my labours no thoughts of Envy no dreams of Treason jealousies of Foes cares for the King the State or my self shall interrupt this nap therefore Brother with me pity mine Enemies who beside their intention have made me blessed rejoyce in my Innocency rejoyce in my happiness Secondly Kneeling down upon the Scaffold he made this Protestation I hope Gentlemen you do think that neither fear of loss nor love to Reputation will cause me to bely God and my own Conscience for now I am in the door going out and my next step must be from Time to Eternity either of Peace or Pain to clear my self to you all I do solemnly protest before God I am not guilty so far as I can understand of that great Crime laid to my Charge nor have ever had the least inclination or intention to damnifie or prejudice the King the State the Laws or Religion of this Kingdom but with my best endeavours to serve all and to support all So might God be merciful to his Soul His words did justifie him more there than in Westminster Hall and made such a deep impression in the hearers that a great many of those who cryed out for Justice against him after their fury was spent and their madness strewed with cold Blood wished their Tongues had been cut out of their heads before they had opened their mouths against him others most ignobly imputed this to his effronted boldness and are so persuaded of their own infallibility that they marvelled he believed not his Actions to be Errors upon their Word and did not confess their Opinions to be Truth it self A kind of People they are beyond the cure of Bedlam and