A BRIEFE AND PERFECT Relation Of the Answeres and Replies of THOMAS Earle of Strafford To the Articles exhibited against him by the House of COMMONS on the thirteenth of Aprill An. Dom. 1641. LONDON Printed 1647. To the Reader READER HAVING imployed the Author of this Tteatise to make these Collections for my private information And finding them to bee beneficiall for the Publique I durst not wrong Posterity and my owne Conscience to conceale them for my owne use without imparting them to the good of others For the solemn-Triall therein described is so Paramount in the Equipage of all Circumstances that as former Ages have been un-able so future are un-likely to produce a paralell thereof As for the Person himselfe who as a cunning Master of Defence waved the thrusts of such skilfull and powerfull Adversaries Take his Character in this Bookefrom his owne Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him So that instead of other Monopolies laid to his Charge hee may seeme most guilty of ingrossing so much Worth and Ability into his owne Bosom Behold here a Garden of the most and best Varieties wherein points of Lawe are interwoven with Acts of State and the affaires of Ireland as in the same Fscutcheon quartered with those of England Herein nothing false is Reported nothing triviall is Observed nothing memorable is Omitted for the Net of his Diligence was so cunningly and carefully spread over all the Transaction that if any passage escaped his notice it may bee concluded so small as inconsiderable to bee observed The Paines in Collecting Care in Preserving Cost in Publishing this Treatise are abundantly satisfied if my sincere-Intentions for the propagation of the Truth be welcomed with thy cordiall and candid acceptance thereof Thine S. R. THE Proceedings against THOMAS Earle of Strafford Lord Lieutenant of Ireland in the Parliament at Westminster An Dom. 1641. SIR YOu have here the Diurnall of the whole Processe against the Lord Lieutenant of Ireland it was taken by the hand of a ready writer a faithfull eare 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 whereof a Cabinet inclosed about with boards and before with a Tarras Before that were the seats for the Lords of the upper House and sacks of wooll for the Judges before them ten stages of seates extending farther then the midst of the Hall for the Gentlemen of the House of Commons At the end of all was a Deske closed about and set apart for the Lord Lieutenant and his Councell On Monday morning about seven of the clock he came from Monday the Tower accompanied with six Barges wherein were one hundred souldiers of the Tower all with Partizans for his guard and fifty payre of Oares At his landing at Westminster there he was attended with two hundred of the trayned-Band and went in guarded by them into the Hall The entries at White-Hall King-streete and Westminster were guarded by the Constables and watch-men from foure of the clock in the morning to keepe away all base and idle persons The King Queene and Prince came to the House about nine of the clock but kept themselves private within their Closets only the Prince came out once or twice to the cloth of State so that the King saw and heard all that passed but was seen of none Some give the reason of this from the received practise of England in such Cases Others say that the Lords did intreate the King eyther to be absent or to be there privately lest pretentions might be made hereafter that his being there was eyther to threaten or some otherwaies to interrupt the course of Justice A third sort That the King was not willing to be accessary to the Processe till it came to his Part but rather chose to bee present that he might note and understand what Violence Rigour or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose office it is asked Master Maxwell whether the Axe should bee carried before him or noe who did answere that the King had expresly forbidden it nor was it the custome of England to use that Ceremony but only when the Party accused was to bee 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 Saterday before did voluntarily decline the giving of their Suffrages in matters Criminall and of that nature according to the provision of the cannon-Cannon-Law and practise of the Kingdome to this day and therefore would not be present yet withall they gave in a Protestation that their absence should not prejudice them of that or any other priviledge competent to them as the Lords Spirituall in Parliament which was accepted The Earle of Arundell as Lord high-Steward of England sat apart by himselfe and at the Lieutenants entrie commanded the House to proceede Master Pym being speaker of the Committee for his accusation gave in the same Articles which were presented at his last being before the upper House which being read his Replyes 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 pulique before others that the formality of the Processe required no lesse however that day was spent in that exercise The Queene 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 recurne upon Tuesday at nine of the clock in the morning The crowd of people was neither great nor troublesome all of them saluted him and hee them with great humility and courtesie both at his entrance and at his returne therefore let fame pretend what it please about the malice and discontent of the multitude That if he passe the stroake of Justice they will teare hâ—m in pâ—eces yet I see there is more in Rumor then in Sight and appearance and in this Report as in all others of this nature more is thrust upon the vulgar who seeme as well fearefull of punishment as exempt from it for all their great number then they doe justly deserve On Tuesday in the morning hee came accompanied as before to Westminster and having stayed in the Exchequer Chamber Tuesday till nine of the clock the King Queene and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge Pyms first Charge which was given the day before by a very ample Speech It is impossible to call to minde all the Hyperbolees the Flashes and superlative Expressions
dependence from the King and not from the Parliament of England There was a report that the Parliament of Ireland had sent a Protestation against the Act made the last yeere for the Kings supply in his Expedicion against the Scots as a thing which was violently in part and in part surreptitiously obteined from them But I have learned this to be an untruth I had almost forgotten one passage of Master Pym who in the aggravation of the Lieutenants faults had this expression That hee was like the Whore in the Proverbs Hee wiped his mouth and with a brazen face said hee had done no evill To this the noble Lord Replyed That he wished his Innonocence might not be taken for Impudence That hee hoped shortly to cleere himselfe of all those foule aspersions which his malicious Enemies had cast upon him And hee was very confident that he should give the honorable Houses full satisfaction concerning his life hitherto and thought of nothing more hereafter then to retyre himselfe from all publique imployments Master Pym gave at this a great shout and desired the House to take notice what an injury he had done to the hnnourable House of Commons in calling them his malicious Enemies Whereupon the Lieutenant falling down upon his knees humbly besought them that they would not mistake him and withall gave a large Panaegyrique of their most just and moderate proceedings protesting that if hee himselfe had been one of the house of Commons as hee had the honour once to be he would not have advised them to have done otherwise against his deerest friend But withall told them that hee might justly say he had his owne un-friends which hee hoped in time to make known nor did hee all this time speake one bitter word against Master Pym though justly incensed which hath infinitely advanced his Reputation I have beene a daily hearer of these Proceedings against this great Personage now upon the Stage therefore doe presume I can give a reasonable account thereof The book of his Charge is extant in print so it shall be needefull for me only to name the Articles as they were canvased and those designed by the House of Commons to be his Accusers which were these that The names of his Accusers follow Pym Glin Maynard Whitlock Lo. Digby St. Johns Palmers Sr. Wa. Earles Sâ—roud Seilden Hampden c. One of these began the speech the rest after their Colleague hath done follow in their turne so that hee hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Master Glyn after a large flourish on Wednesday told the Wednesday Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article Glyns Chaâ—ge such a monstrous Crime could not be deprehended yet when all was conceived in the Masse and under one view hee should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at that Barre Hee added that his Charge was for intending to subvert and change the fundamentall Lawes Liberties and Priviledges of both the Kingdomes and to introduce an Arbitrary and Tyrannicall forme of Government This hee said could not appeare but by the fruits which were eyther in Expression or Action The Expressions were foure First That before severall witnesses hee had said at Yorke That Expres the Kings little finger should be heavier to them then the Loynes of the Laws To this the Lieutenant replyed That having spoken sufficiently before to his justification in generall hee would moreover add these few words by their Favours That it did strike him to the heart to be attached of such a wicked Crime by such honorable Persons yea that it wounded him deeper in regard that such Persons who were the Companions of his youth and with whom he had spent the best of his dayes should now rise up in judgement against him yet hee thanked God for it it was not guilt but griefe that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such infirmity of body and such anguish of minde to collect his thoughts and say any thing at all for himselfe But the Almighty God who knowes him to be innocent had furnished him with some abilities to give testimony to the truth and to a good Conscience He therefore intreated that if eyther in judgement or in Memory he should at any time fayle it might be imputed to his great weakenesse And although the Gentlemen his Accusers should seeme more ready in their Accusations then himselfe in his defence yet that might not prejudice his Cause who in very unequall termes had to doe with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorik he doubtted not might present many things to their view in a multiplying glasse Hee told them farther that for these many yeeres hee had beene weary of publique service and that now it was his resolution after he had vindicated his honour to retyre himselfe and enjoy his much longed for privacy And yet hee could not but tell them so much That it had beene his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe fruit falln from the Tree then to be violently pulled from thence as a fruitlesse and unprofitable withered Branch To the Charge of Treason he said that under favour hee conceived that although all the Articles conteined in his impeachment were verified against him yet they would not all amount to Treason neither simple nor accumulative For said he I doe not understand by what interpretation of Law the diversion of Justice can be called a subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed That his words were cleerely inverted for that his expression was That the little finger of the Law if not supported by the Regall Power in granting Pardons for poenalties of the same was heavier then the Kings Loynes That this was his expression hee verified First by the occasion for hee spake the words a long time since to some men who had layn imprisoned at Yorke and were then by the Kings favour set at Liberty whom hee incited to thankefullnesse by this expression towards his Majesty Secondly by witnesses produced by him In the examination of their witnesses hee convinced one of them of untruth by interrogating him where he was when the speech was heard and how farre distant from him when the man had replyed That he was twelve yards from him Hee answered that it was impossible for him to heare a man three yards off by reason of a deafenesse that had held him 14 yeeres which being found true the witnesse was rejected Another witnesse Sir David Foules was brought against him against whom he excepted as his known and professed enemy 't was
Copy not to bee First Because no transcript but the Originall only can make faith before the Kings Bench in a matter of Debt therefore farre bee it from them to receive a most slender testimony in matter of Life and Death before the supreme Judicatory of the Kingdome Secondly If Copies bee at any time received they are such as are given in upon Oath to have beene compared with the Originalls which are upon Record such an one was not that Copy It was Replyed by Master Glyn for all of them spake as occasion Glyns Speech served that the House had but the day before admitted Copies as evidences much more should they doe this when it was prosecuted by the Officer himselfe who best knew it having executed the same To this the Lievetenant answered that all other Copies Straffords Reply ought to bee received upon Oath to have beene compared with the Originall as right reason requireth but that this was not so And for the Officer himselfe producing it that was the best Argument hee could use why it should not bee admitted For said hee Master Savill may bee charged with Treason for seising men of warre upon the Kings Subjects hee hath nothing for his defence but a pretended Warrant from me Now what hee sweares to my prejudice is to his own advantage nor can a man by any equity in the world bee admitted to testify against another insuam justificationem The point seemed exceeding weighty and in effect was the Serjant Savils Coppy of the Commission rejected groundworke of the whole Article which not proved nothing could evince him to have beene accessory to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation betweene the factions and above an houres stay They returned and declared that the Lords after mature deliberation had resolved that the Copy should not bee admitted and desired them to proceede to other proofes which after a little pause they did First the Lord Ranelaugh affirmes that hee 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 hee had seene such a Warrant under the Deputies Hand and Seale And so much for the proofe For the Statute they alleaged one of Edw. 3 6. that whosoever should carry about with them English Enemies Irish Rebels or Hooded-men and sesse them upon the Subject should be punished as a Traytor Another of Hen. 6. 7. That whosoever should sesse men of warre in his Majesties Dominions should be thought to make warre 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 judgement against him as a Traytor The Lord Lieverenants Reply was That in all the course of his life hee had intended nothing Strafford's Reply more then the preservation of the Lives Goods and welfare of the Kings Subjects and that hee dared professe that under no Deputy more then under himselfe had there beene a more free and un-interrupted course of Justice To the Charge hee answered First That the Customes of Ireland differed exceedingly from the Customes of England and was cleere by Cookes book and therefore though sessing of men might seem strange here yet not so there Secondly That even in England hee had known Souldiers pressed upon men by the Presidents of Yorke 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 then these Sessings to this day in Scotland whereby the chiefe house of the owner is seized upon Thirdly That to this day there hath beene nothing more ordinary in Ireland then for the Governours to appoint Souldiers to put all manner of Sentences in Execution which hee proved plainly to have beene done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmots 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 soms of money between party and party so that hee mervailed quâ fronte or with what boldnesse it could bee 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 hee knew twenty Souldiers Sessed upon a man for refusing to pay sixteen shillings sterling Fourthly that in his instructions for executing his Commissions hee hath expresse warrant for the same as were in the Instructions to the Lord Faulkland before him both of which were produced and read Fiftly That although all these Presidents were not yet it were not possible to governe the Kingdome of Ireland otherwise which had beene from all times accustomed to such summary Proceedings Sixtly that no testimony brought against him can prove that ever he gave warrant to that effect and for the Deeds of the Sarjeant at Armes hee did conceive himselfe to be answerable for it As for the Acts of Parliament hee 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 civill-Civill-Law that where the King is not mentioned there hee cannot bee included But with all distance to his sacred Person bee it spoken hee conceived himselfe to be in his Master the Kings place for so his Commission did run in that Kingdome of Ireland Secondly The words of the Statute are not applyable to him for God knowes hee never went about in Person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings owne Souldiers enquiring in a Customary way obedience to his Orders could in no construction bee called Irish-Rebells English-Enemies or Hooded-men Fourthly That the use and custome of the Lawe was the best Interpreter thereof and for that hee had already spoken enough Fiftly That it savored more of praejudice then 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 Sixtly That under favour hee conceived for any Irish Custome or upon any Irish Statute hee was to bee judged by the Peeres 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 bee 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 queene Elizabeth where expresly power is given to the Deputy of Ireland to sesse and lay Souldiers although the same bee reputed Treason in any other To the Statute of Henry the sixt hee Replyed that a
slender answere might serve Hee hoped that no man would thinke him so inconsiderate to warre against the King of Britaine and Ireland by the sessing of five Souldiers that hee had beene charged by many for taking Armes for the King but to that time never for taking Armes against him And that he heartily wished that no man in all his Majesties Dominions had more practises with Rebels and Rebellious Designes against the King then himselfe So much for Thursday At the close he desired the intermission of a day that hee might recollect his spirits and strength against the next quarrell and with some difficulty obteined rest till Satterday Upon Saterday Master Palmer proceeded to the sixteenth Article and Charged thus That the Lord Strafford having established Saterday Charge Article 16 by Master Palmer a Tyrannicall and Independent Authority by giving summary Decrees and Sentences had deprived the Subject of all just Remedy for in that Kingdome there was none supreme to himselfe to whom they might appeale And lest their just grievances might be made known to his Majesty hee had obteined a Restraint that no Complaint should be made of injustice or oppression done there till the first addresse had beene made to himselfe and that no person should come out of that Kingdome but upon Licence obteined from himselfe For Proofe of this First The Instructions were read whereby that Restraint was permitted Secondly The Proclamation That all Noblemen Gentlemen Undertakers Officers or other Subjects that should resort into that Kingdome should not come from thence without a Licence from him Thirdly That hee had restrayned the Earle of Desmond because of a suit in Lawe depending betweene the Earle and himself till publication of the same was passed Fourthly That the Lord Roch being informed against before the Starre-Chamber he would not Licence him to come into this Kingdome till the Sentence was passed against him Fiftly That one Marcatee having pretended a minde to travell was denied a Licence Sixtly That the whole Committe for the Parliament was Restrained this last yeere by Deputy Wansford 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 returne for departing Ireland without Licence Eighthly That the Irish Remonstrance complained of this as the greatest innovation and thraldome put upon them since the time of the Conquest They concluded the Charge That by this meanes having taken off that intelligence which should hee betweene 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 hee had taken upon him a Royall and Independent Power and had faulted highly both against King and State The Lievetenants Reply was That he hoped to make it cleere that he had done nothing Straffords Reply in that particular but what was Usuall 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 publique actions to give a reasonable Accompt though not be free from much weakenesse yet certainly from all Malice and Treason To the Particulars First For Instructions laid upon him he was not so much Chargeable as those of the Councell of England whereof there was a great many present who could witnesse their commands But lest any thing should seeme unjustly enjoyned by them or embraced by him hee desired that the reasons of their Instructions might be read which were That it were In-justice to complaine of Injuries of Oppression done in that Kingdome till the first Deputies judgement were informed and tryall made of his Integrity that it would much discourage the Ministers of State there and expend the monies of that Kingdome if upon every trifling businesse Complaints should be admitted in England And that if justice were there denyed 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 Kingdome the 25 of Hen. 6. which conteined 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 Fiftly that he had the Kings expresse Warrant for it Anno 1634. which was read Sixtly That he had received the Warrant in January yet the Proclamation issued not out till September after Seventhly That the whole Councell-Board of Ireland had not only condiscended but also pressed him to it Eighthly The necessity of the Kingdome required the same for if the Gentlemen had the Ports open to goe to Spayne and their Schollers to Doway Rhemes or St. Omers it were likely that at their returne 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 restraine whom he pleased from departing his Kingdome without his privity and here it was not lawfull for any to goe from England without Licence how much more necessary was this from Ireland To the Proofes he answered First For Desmond He granted he was Restrayned indeede but not for any suit of Law betwixt them but because at that time he stood Charged with Treason before the Councell in Ireland for practising against the life of one Syr Valentine Cooke Secondly For the Lord Roch he hath often times mervailed with what reason the man at that time could seeke a Licence seeing he was a Prisoner for debt in the Castle of Dublin and if he had granted a Licence unto him then it had beene a farre more just Charge of Treason then now Thirdly For Marcattee he was afraid of his going to Spain and if he had told him that he intended to goe for England and complaine of himselfe he would not have refused him Liberty as he never did to any Fourthly That the Committee of Irish was not restrayned by him and therefore did not concerne him at all Fiftly That for Parry he was fined indeede 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 Councell-Board in Ireland Sixtly That he had Replyed in the last Article a Remonstrance was no proofe at all He concluded that he hoped the least suspition of Treason could not accrue to him from the Article For Oppression or Misdemeanor when it was laid to his Charge he made no doubt but hee should bee able to answere it The same day a new man was hurried out against him Mr. Whitlock Whitlooks Charge Article 19 who having past over the 17 and 18 Articles resteth on the nineteenth about the Oath administred to the Scotts in Ireland and Charged thus That it was
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged 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 then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse 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 farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts 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 learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star 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 Councell 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 Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee 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 foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton 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 praecedent take footing Westminster-hall shall be more troubled with Treason then with common-Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly 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 Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre 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 hee not publicus Inspector Regni Stands it not him in hand to do somthing on present
number of supposed probabilities I leave it to your Lordshippes consideration to fore-see what may bee the issue of such dangerous and Recent Praecedences These Gentlemen tell mee they speake in defence of the Common-wealth against my Arbitrary Lawes give me leave to say it I speake in defence of the Common-wealth against their arbitrary-Treason for if this latitude be admitted what praejudice shall follow to King and Countrey if you and your Posterity bee by the same disenabled from the greatest affaires of the Kingdome for my poore selfe 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 teares abundantly in mentioning his wife which moved his very Enemies to Compassion I should never take the paines to keepe up this Ruinous Cottage of mine it is loaden 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 then this when I hope the better part of the World would perhaps thinke that by this my misfortune I had given a testimony of my Integrity to God my King and Countrey I thanke God I count not the afflictions of this present life compatable 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 fayle me only I doe in all humility and submission cast my selfe down before your Lordships feete and desire that I might be a Pharos to keepe you from Ship-wrack doe not put such Rocks in your owne way which no prudency no circumspection can eschue or satisfie but by your utter ruine and whether your judgements in my Case I wish it were not the Case of ye all be eyther for life or death it shall be righteous in my eyes and receaved with a Te Deum Laudamus and then he lifted up his eyes and said In te Domine confido nè confundar in aeternum This hee spake with an Imitable life and grace you have his very words as neere as I can remember only with so much losse and detriment as hath perished by transcribing the Coppy from his owne mouth But you desire impâ—rtialitie and indeede you have it and with some graines too of allowance for I was so affrayd 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 then in the native colour to his eternall glory and the Confusion of his Enemies The Repetion 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 Master Glyn who was the man in the time of their handling Hee told them that hee should represent the Lord Strafford as cunning in his reylys as hee had beene crafty in his Actions that hee waved all that was materiall and insisted only upon the Secondary Proofs that it was more then evident throughout all his charge how hee had endeavored to bring in an Arbitrary and Tyrannicall forme of Government over the lives the lands and liberties of the Kings Subjects yea had exercised a tyranny ever their consciences too by the oath administred in Ireland and though his Malicious Designes had taken no effect yet no thanks to him but to the goodnesse of the King and the Vigilancy of the Peeres had they pleas'd it had beene too late to have punished him for no rule of Law had beene left whereby to Censure him after the death and expiration of the Lawes And if the Intention of Gvido Faux might bee thought Treason though the House was not blown up then this Intention of his may admit the same censure Hee closed that throughout all his defences hee had pretended either warrants from the King or else the Kings Praerogative and what was this else but to draw up a cloude and exhale the Vapour for the eclipsing of the bright Sonne by the Jelousies or Repinings of his subjects if the strength of his piety and Justice should not dispell all these mists and send them down to their originall That the very standing and falling of these three Kingdomes stood upon this Processe All of which doe conceive their safety so farre intressed in his just punnishment that no setling of their peace or quiet could bee expected without this that rhey 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 veines by submitting themselves to his base Tyranny loose that priviledge and liberty which their Ancestors had bought with their deerest lives Though there was no Treason for his Stat was it the lesse Monstrous For there was none for so many hundreds of yeares that durstever adventure upon such Insolencies to occasion such a Statute And were not the fundamentall grounds and rules and government sufficient to rise up in Judgement against him without the making a particular Statute This hee said hee left to the dispute of the Law and concluded That seeing they had found out the Jonah who these many yeares had tossed and hazarded the Ship of the Common-wealth with continuall stormes and tempests there could no calmes bee expected but by casting him out into the Seas which in all Justice they must and doe expect from their hands who are intrusted by the body of the Kingdome to doe the same The Aggravation of the offence hee said hee had left to Master Pym who here spake that Speech which is now in Print It was a sport to see how Master Pym in his Speeech was fearefully out and constreined to pull out his papers and reade with a great deale of confusion and disorder before hee could recollect himselfe which failing of his Memory was nosmall advantage to the Lievetenant because by this meanes the house perceived it was a premeditated slash not grounded upon the Lievetenants last answer but resolved on before whatsoever hee should say for his own justification but the Lievetenant was nor suffered to Reply a word either to Glyn or Pym. Because the last word must bee theirs And so with Tuesday ended the matter of Fact On Thursday the dispute in Law is expected Upon Wednesday wee were bigg with expectation for the matter of Law having done before with the matter of fact but it seemes the house of Commons had perceived a great Defection of their party and a great increase of the Lord Straffords freinds in both the houses occasioned by his insinuating honest and witty defences and therefore they resolved of no more hearing in publique 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 bee declared
to have been sufficiently proved and then in the matter of Law that hee had incurred the censure of treason for intending to subvert the fundamentall Lawes of the Kingdome for though said they hee cannot bee charged by Letter of Statute of the twenty fift of Edward the third yet hee is within the compasse of the Salvo whereby it is provided that the King and Parliament hath power to determine what is Treasonable and what not and that they were confident the Lords would ratify and approve of this Bill of theirs and give Judgement accordingly The motion was stoutly opposed by three great Lawyers all members of the House Seilden Holborne and Bridgeman who made it manifest that the Salvo 25 of Edward 3 was repealed and that no man could now be convict of Treason but by the Letter of that statute But being put to voice it was carryed for the Bill and a Committee appointed for to draw it up This gave occasion of much talke abroad and they who were otherwise the Lord Straffords enemies could not finde 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 hee was accused of Treason and the Bill though they had no Legislative power seem'd 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 peere And that it was against Common equity too that the party accusant should give the Judgement if the complayners were admmitted to bee 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 bee 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 an 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 referre only to future obedience And what is more strange though there were a new Statute yet by what Authority the Parliament hath or could declare any Individuall or Accumulative Act which is allready to bee Treasonable which must bee Treason by virtue of a Statute or else no Treason at all now there is none can bee brought except the twenty fift of Edward the third whereof the Letter of that Stattute cannot by their own Confession nor was not so much as once alledged against the Lord Strafford and for the Salvo or Proviso which they mainly insisted on the same stands repeald by two posteriour Acts of Parlyament You have the Mutterings of all sorts of People The Lords feâ—ring the proceedings as a beaten path troden out to the ruine 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 Straffords councell in matter of Law and that they themselves as competent Judges would by themselvâ—s only give Sentence in the cause nor was there any course suitable to the practice and Stat. of the Kingdome the safety of the Nobility or to Equity or Common Justice It was replyed by them of the lower House that they were resolved to go on with their Bill and if the same should bee 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 then the pretended Justice and piety of the times unlesse the man who had so much intruded vpon their right and discontented the people might bee punished as a Traytor And for the practice of the Kingdome that no man had ever found such a Favourable hearing and that the Processe against Essex Norfolk and 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 Kingdome nor was there a more forceable way then to preserve the Lawes and Customes thereof least 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 forraigne States being fixed vpon the businesie now in agitation and the wisdome of our Nation either to bee much advanced or depressed by their Judgements in this case That the Processe against Norfolk and Essex for Somerset was convict only of fellony and had not so much Animad version to save himselfe by his Booke were for Direct and formall Treasons comprised in one or two Individuall Acts but this against the Lord Strafford only Arbitrary and Accumulative to bee pict out of the 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 Actuall breach of Statutes formerly made but heere a new Staute was to be made or else hee to bee found guiltlesse They concluded that they had given order for his appearance on Saterday And that in the great Hall at Westminster where the House of Commons might if they pleased bee present After some deliberation with the House the Conferrers answered that since the Lords had so resolved they would not deny to bee there present and to heare what his Councell could say for him but to reply any more in publique they neither could nor would because of the Bill allready past only if the Lords should take any scruple in the matter of Law they would bee ready to give them satisfaction by a private Conferrence so they willingly declined to doe what indeede they could not possibly doe that is to give publique satisfaction in the matter of Law Upon Saterday they conveened in the great Hall but they that were of the Committee for the great charge did not stand at the Barre as before but sat promiscuously with the rest of their fellowes so that a mouth was not oppened in the behalfe of the House of Commons all that day After they were set the Lord Steward told the Lievetenant that the Lords had resolved to give him a faire hearing in the matter of Law And therefore desired that the councell might keepe that distance Moderation and respect
think otherwise unlesse they conceived him either to bee a foole or a Tyrant that he either could not or would not discern such wickednesse Hee was well content hee said with that Authority and Power which God had put into his hands nor should he ever thinke it his Praerogative to intrude upon the Propriety of the Subject For himselfe and his own Conscience hee said he was now to Declare That in his own judgement there was nothing in the Processe against the Lievetenant that deserved the censure of Treason Oversights and Mis-demeanors there were in such a measure that he confessed the Lord Strafford was never worthy hereafter to beare any Office in his kingdomes no not so much as of a Constable but was to be answerable for all his Errors when they were to be charged upon him and to this none of them should concurre with greater alacrity then himselfe That he hoped none of them would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concurre with them to punish this man as a Traytor and desired therefore that they would thinke of some other way how the businesse might be composed Nor should it ever be lesse deere to him though with the losse of his deerest blood to protect the Innocent then to punish the Guilty At the House of Commons startled and adjorned themselves till Monday divers censures are Past upon the Kings speech even of those that love his houour some thinke hee 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 expresse themselves then if by that meanes hee could hinder the sentence then to countermand the Execution thereof when it was passed and so draw all the envie upon himselfe others are of opinion which is more probable that this hath beene a plot of the Kings bosome enemies to set him at ods with his sujâ—cts that thereby they might sish 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 hee bee condemned it will bee no thanks to the King if Justified that will cerrtinly bee layed to the King too as who by his threats and menaces hath forestalled the voyces of his Nobilty It is conceived by wise men and such as wish no evill to my Lord Strafford that it had beene farre better both for the King and him to have first tryed the utmost of the Lords for the King because it was both possible and probable that hee migh have gayned 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 deale the more pressing fearing by the Kings Peremptorie answer from whom in regarde 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 Lievetenants seeming friends but indeede Reall enemies have put the King upon this way hoping thereby that the Lords should finde occasion to pretend necessity of doing that which perhaps in regard of common equity or the Kings dipleasure they could nor durst have done howsoever Facta est alia the King is now so farre engaged that with respect to honour and conscience hee connot retire for if the Praecedure bee by a legislative power It falls directly upon him nor can hee give his assent If by a Judiciary then must hee either hinder the execution or bee sayd to have Charged himselfe with Injustice This hath produced Strange alterations even the marriage of the Prince of Orenge done on Sunday last May the second with ordinary Solemnity is now exceedingly hatefull to the Commons which so much before desired it some say the Praecipitation of that marriage Imports no good others that the Parliament had condiscended to that marriage but did not expect that Acceleration a third sort that the party is meane enough if not too lowe for the King of Englands eldest Daughter All of them that the Dutch-men have offered mony to the King for a new service of warre and have thereby bought this Honour This is encreased by the landing of a Dutch-man who is to bee Gentleman of the Kings Horses And shortly with us the Hollander will bee no lesse odious then the Spanyard Oh the wonderfull changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty meanes and to get the Rheins cast upon their own necks it ranges madly up and downe nec modum tenens nec terminum nor is capable of subsistence till it hath lost it selfe and what it so much affects Liberty So knives are put into the hands of children who discerne no danger but affect them for their splendor and glittering so Poyson into the mouâ—hs of fooles which is Judged only by the taste and sweetnesse But it seemes the Judgment of this Kingdome cannot bee prevented and because they have sinned against themselves by abusing their plenty and fatnesse It is the just judgement of God that they bee the executioners of his Judgements upon themselves Before I tell you of Monday and Tuesdayes madnesse I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentises beset the Spanish Ambassadors house neere Bishops-gate threatning to pull it downe and kill the man the Mayor of London coms amongst them and with a great deale of paynes perswaded them to retire home and afterwards entred into the Ambassadors House at his comming in the Ambassador desired him to pull downe his sword which was carryed before him because hee was now where the King of Spaine had Jurisdiction That being done hee told the Lord Mayor that in all his life time hee had never seene such a barbarous attempt and desired to know whether England were a civill Nation or no where the Law of Nations were so monstrously violated The Mayor replyed that they were of the base and rascally sort of people and intreated the tumult might not bee imputed to the town the Ambassador answered that hee could hardly acknowledge that to bee a town yea scarce a society of men where there was so little Civility and Government The Mayor told him that the people were discontent because Masse was said in his house The Ambassodar replyed that the English Ambassador had the free exercise of his Religion at Madrid and that hee would rather forgoe his life then any of those priviledges due to him by Paction and the Law of Nations The Mayor answered they were the more incensed against him
morning The Court at this time was surcharged with a confluence of People quasi Civitas tota sedibus suis mota as if the whole Citty was come to petition for Justice a Government indeede worse then a Democrasie where the people doe not rule but play the Tyrants If there were no Monarchy there needs no conscience to obay it But where it is and cannot protect it selfe the good subject must either forget himselfe or his loyalty A two edged sword killing either the body or the soule nor in this are men in better ease then the winged Fishes that our Southerne Mariners tell us of which if they swim beneath the water are cath'd by the Dolphin if they fly above for refuge are snatched away by the hungry Ravenous foules Lord helpe then the times or help our patience and Resolutions give us either redresse 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 deniall but the more couragious knew the readyer way by farre having often had experience of his Majesties readinesse to grant just desires resolving that hee that expects to loose the day is beaten at his own diffidence and it is the qualitie of some men to swallowe Camells upon a sudden who if you give them leisure will perchance streine at a Gnatt Their Resolutions may ayme at this but despaire to remedy that nature gives the reason Omne agens se exercet intra sphaeram Activitatis dangers if they come but stragling upon us wee may collect our spirits well enough and easily resist them but if they come by whole troopes Amazement and feare admitts of no consultation for the future but only intends to decline the present and pressing hazard whereon the ancient Gaules made their first on-setts with valour beyond the courage of men and with fearefull cryings and shouts belying rheir own Animosity to stupify and quell that of the enemy Sunday All the day the King was resolute never to give Sunday way to the Bill against the Lord Strafford telling them withall that it seemd strange to him that the man could not dy unlesse hee and hee only by giving Sentence the Kings Legislative way should condemne him the Lord Pembrok brought the King a piece of Scripture 2. Sam. 19. from the 5. to the 9. verse the words indeede became a Joab rather then himselfe till hee had scattered the force of the Kings not eldest sonne yet eldest daughter the Kingdome of Scotland heere is some Analogy with Absolon and in nothing else for David was sorry for shedding the nocent they not sorry for shedding the Innocent blood though the Issue bee not the same Foure Bishops were sent for by the King the Primate of Ireland the Bishop of Durham Lincolne and Carlile some Foure Bishops say and I doe rather believe it that the King was desirous the Bill should bee voiced againe and argued the Bishops had their suffrages in the Admission though not in the approbation of the Bill others thinke in regard the Primate was there who had no Interest in this Kingdome it was to resolve the Kings Conscience for my part I see not how they should doe this seeing the businesse was grounded upon a case in Law which none of them unlesse the Bishop of Lincolne had learned when hee was Lord Keeper could possibly discusse for if the King was tender in it how could they perswade him to give way if not what needed their Resolutions But it may bee that they perswaded him that in Conscience hee might preferre the opinion of the Judges before his own And that if though with some reluctation they thought upon their oathes the Proceedings to bee lawfull hee 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 bee so I admire and adore too the wonderfull providence of God who in his praeparatory Act to his unlawfull Judgment which undoubtedly will follow suffers not only the King and the Countrey but the Church too as if her Cup were not yet full to be involved But could this bee to the matter of fact the King I am sure knew him to bee free from any the least intention of subverting the fundamentall Lawes of the Kingdome And could the Bishops satisfie thi scruple too it may bee they are perswaded that the Proofs might bee taken Implicitly from the House of Commons as the Law from the Judges It is reported indeed that they besought the King with many teares to give way and that to prevent the ruine of the Kingdome which these States-men who will bee ever content with the longest life for themselves till by peece meale they bee thrust from all did see would necessarily follow well I dare prophesie to them they shall not want their Reward neither from King nor people for the next tumult of people shall bee against their Liturgies Surplices and Church ornaments And seeing they have now over-perswaded the King in this if they can procure him then to protect themselves from those imminent dangers which hang over their heads they shall doe a miracle sed quos pordere vult Jupiter dementat some body else will perswade the King that to satisfie the Common People and to prevent the Ruine of the Kingdome Bishopricks Deanes Prebends and all Cathedrals must down Sedomen avertat Deus optimus Sundâ—y All day nothing sounded in the King eares but feares terrors and threatnings of worse and worse the noise of Drums and Trumpets were Imagined to bee heard of rebelling people from every Corner of the Kingdome yea Apprentices Coblers and fruiterers presented thmselves as all ready running into the Kings Bed-chamber After they had wrestled him breathlesse and as they doe with great fishes given him scope of Lyne wherein to spend his strength at last victus dedit manus being overcome with such uncessant Importunities hee yeelded up the Bucklers And about nine of the clock at night oh deplorable necessity of the times or rather oh the frailtie of humane nature I that can neither foresee nor susteine this necessity the King promised to signe 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 expresse his griefe sufficiently in weeping for his daughter heere to have drawn the Curteine yet it will not bee something must overflow Consider the Gentleman as a man his Judgement Memory Eloquence reall perfections in this age of appearances consider him as a Subject his Loyalty his Courage his Integrity to King and Countrey in these disloyall and faint-hearted times consider him as a Christian his love to the Church his respect to Church-men in this prophane and over-weening Generation
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke 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 Hee said that there was no great likelyhood that hee had committed reall 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 beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote 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 Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall 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 moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
to the Judicatorie that was sitting and not at all to meddle with the matter of fact The Lievetenant Replyed That in all humility hee did acknowledge that favour from the Lords and that it was such an one too as hee could not but expect from such Honourable Peeres and Just persons in whose integrity and goodnesse under that which hee had placed above hee had reposed his chiefest confidence for his councell they knew much better then himselfe what concerned the point of Discretion and Reverence and that hee doubted not but that they would give all satisfaction and obedience Then his Councell were called to the Barre Master Lane the Princes Attourney Master Gardiner Recorder of London Master Loe and Master Lightfoote Master Lane spake and much to this Sence and Purpose My Lords there is an heavy Charge lyeth on me and my fellowes nothing lesse then to defend the life the estate the Reputation yea the posterity of this Honourable person at the Barre If therefore wee shall bee more pressing we hope your Lordshipps will interpret this our forwardnesse to bee for Honour and Conscience sake in a matter that concerneth both so neerely But it shall bee our endeavour to carry our selves with our best respects to your Lordships and withall content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of fact one thing I dare bee bold to say that all the time of this Noble Lords defences hee did not so much as crave any one of our opinions yea or acquainted us with any thing that tended that way And for the matter of Lawe those Statutes cited by himselfe were none of our stock but taken up at his owne adventure Nor doe I speake this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right conceptions and his own due praise My Lords It is your pleasure we meddle not with matter of Fact and indeede we neede not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Lawe doth so naturally arise out of the matter of Fact that of necessity under your Lordships favours wee must somewhat grate on this if we speake of that nor doe I conceive it possible for us to speake advantageously enough for the Lord Straffords just defence unlesse the whole matter of Fact be determined eyther as proved or not proved or at least some states of questions agreed upon where we may fixe and settle our Agreements and therefore it is my Lords that I have chosen not at all to touch the matter of Lawe untill your Lordships shall be pleased to chalke me out a way unlesse it be to cleere your judgements in one Statute only viz. 25. Ed. 3. because when the same was alleaged by the Lord Strafford in his owne Defence that not being convict of the Letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speake of the Statute it selfe and then of its Salvo or Provision The Statute is That if any man shall intend the death of the King his Queene their Children Kill the Chancellor or the Judge upon the Bench imbase the Kings coyne or counterfeit the broad-Seale c. hee shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeede it cannot bee with any reason All that can be said is that by Relation or by Argument a minore admajus he may be drawn thither yet that this cannot bee I humbly offer these considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a contradiction to themselves and be no more Declarative-Lawes but Lawes of Construction or Constitutive Secondly This is a poenall Lawe and such if our grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for poenalties are to perswade the keeping of known Lawes not of Lawes conjecturall ambiguous and by consequence which perhaps the most learned may not in their disputes question much lesse the Subject who is not oblieged to interpret the Statute doubt of in the point of obedience yea rather without any doubt hee is to obey the Letter of the Statute and conceive and that truly that hee is not lyable to the Poenalty Thirdly We have a notable Lawe 13 Eliz. Cap. 2. whereby it is declared that the bringing in of Bulls from Rome to stirre up the Subject to Mutiny and Rebellion shall bee punished as Treason Now if by interpretation or by consequence this sence might have beene thrust upon the praeceding Statutes the making of this had beene supersluous yea the Persons then charged with that Crime might have beene impeached of Treason even before the making of this Act. Anno 21 of Ed. 3. Wee have a Statute declaring That for a servant to kill his Master is an Act of Treason and in the three and twentith yeere of the same King a Processe of Treason was framed against a man for killing his Father grounded upon the same Argument A minori admajus But it was found and the Sentence is yet in the Records that although in the 21 yeere of Ed 3. that Argument might have beene admitted yet in the 27 it could not by reason of the Declarative Lawe interveining in the 25 yeere and this Case comes very home to the point in Lawe My Lords I will not demand what kinde of offence it may be for a man to subvert the fundamentall Lawes of a Kingdome the Crime doubtlesse is unnaturall and Monstrous and the punishment must keepe the same proportion only I presume to offer these few things to your Lordships considerations First That one or more Acts of Injustice whether maliciously or ignorantly done can in no sence of Lawe be called the subversion of the fundamentall Lawes if so as many Judges perhaps so many Traytors It is very incident to mans nature to erre nor doth the Lord Sttafford pleade his innocency in oversights but in Treason Secondly I doe remember the Case of John de la Poole Duke of Suffolke this man in the twenty eighth of Henry the sixt was Charged by the house of Commons with Articles of Treason and those too very like to these against my Lord Strafford 1. That he had given the King bad advices 2. That he had embased his Coyne 3. That he had cessed men of warre 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountains of Justice 7. That he had perswaded the King to unnecessary warre and to the giving over of
Anjoy in France Ovum Ovo And for all these though he was Charged with high-Treason for wronging the right of the Subject and subverting the fundamentall Lawes of the Kingdome yet after a long Agitation the matter was found by the Lords of Parliament not to imply Treason but only Felony Add to this another who in the twenty third of Henry the eighth was Charged for subverting the English Lawes and yet no Treason Charged upon him Add to both the Charge of Richard Larks pleaded at the Common-Pleas who was Charged with Treason for subverting the Lawe but convicted only of Felony by which you may see My Lords what to this time hath beene subverting the Lawes Thirdly It is very considerable that the Lord Strafford is not Charged to have subverted but only to have intended to subvert the fundamentall Lawes and this I conceive if there were no more might keepe him free from that Statute of the twenty fift of Edward the third For although as touching the King his Queene and Children intention is treasonable yet in all other things there mentioned there must be action beside intention for it is not said if a man doe intend to kill a Chancellor it shall be Treason but only if he doth kill him and if hee doth actually counterfeit the broad-Seale And although a man should prepare a Furnace make ready his Stampe melt his Bullion yet if he gives not the Kings impression vpon the Coyne all his intentions yea his praeparations will not serve to make up a Treason And this under fauour may serve to answere the Case of Guido Faux lately objected unlesse it be alleaged that the Lord Strafford had as reall an intention against the Kings life as Faux had For though the intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immence and vast a difference both is and ought to be betwixt a project against the Royall-blood and all things else of a lower and under nature Yee see therefore my Lords that the body of the Statute cannot stick against the Lord Strafford neither in Letter nor in consequence this is not that must not be all that can be said is that his Fact may be Treason by the Common-Lawe For my part I professe my ignorance who ever thought the common-lawe might declare but never make a Treason that is It might bee presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common-Lawe or by Parliament are but two different waies of Proceedings and must both resolve into one Principle yea which comes home to the point in the one and twentith of Edward the third To kill a man imployed in the Kings Warre was Treason and the twenty third To kill the Kings Messenger was Treason by Declaration of the Common-Lawe but alwaies by reason of the Statute yet none of these are now Treasons but Felonies only by reason of the interveining Statute the twenty fift of Edward the third such hath ever beene thought the force of its Letter and Declaration And so I will leave it and speake a word or two of the Salvo which is this That because all Particulars could not bee then defined therefore what the Parliament should declare to be Treasonable in time to come should bee punished as a Treason And according to this Reservative in the eighth yeere of King Richard the second one was Charged before the Kings Bench was afterward referred to the Parliament and there though the Fact was not conteined in the body of the Statute yet because of the Proviso afore mentioned it was adjudged Treason In the eleventh yeere of the same King the Duke of Ireland and Nevill Arch-bishop of Yorke were impeached of high-Treason by Gloucester Arundell and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the one and twentith of the same Richard the second the tide turned and the King had such a hand with the Parliament that the Sentence was recalled and those three noble-men themselves adjudged Traytors Againe in the first of Henry the fourth his Successor that Revocation of the one and twentith of Richard the second was repealed and the Sentence of the eleventh of his Reign established such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was That in the same Parliament the first of Henry the fourth A Petition was preferred by the Nobility to have Treason limited within some Statute Because they knew not what to speake or what to doe for feare thereof And in the tenth Chapter an Act was made upon this Petition that that Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was Litterally conteined in the Statute of the twenty fift of Edward the third and therefore it is said in the Records That there was great joy at the making of this Act in that the drawn Sword hanging over every mans head by this slender thred of a consequence or illation was moved by that Act. Add to this that in the first of queen Marâ— the first chapter the same is repeated That no man shall be punished in life or estate as a Traytor but for the Crime conteined in the Stat. 25 Ed. 3. without the least mention of a pretended Salvo The Earle of Northumberlands Case comes nigh to the point he was Charged with Treason the fift of Henry the fourth and if the Statute of the first of Henry the fourth the first chapter whereby this Proviso is Repealed had not interveend no doubt he had beene condemned of Treason but he was only convict of Felony and that because he could not be drawne within the Letter of the Statute of the twenty fift of Edw. the third And I dare confidently say it that since that Act was made the first of Henry the fourth the first chapter whereby the Proviso is Repealed no man hath ever beene declared a Traytor eyther by King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I doe offer to your Lordships considerations That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fift of Ed. the third and that the Salvo conteined in the same stands Repealed almost two hundred yeeres agoe And this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact Then the Recorder spake some few words to this purpose That The Recorder what was spoken upon the Statute was because it seemed inseparable from the matter of Fact that they could proceede no further till a State were afforded them that to doe otherwise they conceived might bee very
praejudiciall unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fixe the Arguments otherwise hee could conceive no possible way of proceeding And therefore in the Lord Straffords name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in Lawe were unnecessary but whether done or not done or else to give them some States of the question whereunto they might confine themselves Upon this motion the House was adjourned for that day nor hath it met since for the House of Commons are turned to their old bias and will heare of nothing but the Bill of Attainder but the Lords seeme to be more resolute then before because they finde that they have no Authority to declare a Treason in a fact already past the Salvo of the twenty fift of Edward the third being Repealed withall that if the Bill of Attainder should proceede the King hath as great power to hinder that at the last blow as any other Stat. but I hope the Lords will disburthen him of that envie All they which stand oblieged to the Lord Strafford in blood affection or deserving and all who have beene interessed with him in the Kings service and many too who both hate his person and dislike his proceedings will doubtlesse looke to it and tender their owne safety all of them in likelyhood being subject to the Charge of Treason if ever they chance to be called to doe the King service in any place of importance I cannot expresse how much the voice of the multitude is now altered from what it was lately nothing now talked of what should be done but only of what must be done so that if the Lord Strafford dies his very enemies will confesse that it is done more for necessity then for Justice and rather for the satisfaction of rancorous apprehensions then for any guiltinesse in the Cause Thursday last viz. Aprill 29. was designed for the Agitation Thursday of the long intermitted busines concerning the Lievetenant And the way was this The Lords did meete at the great Hall at Westminster about nine of the clock not in their Robes nor did the Lord Steward The foâ—mality â—f a conference sit upon his sack but with the rest promiscously nor did the Committee for the House of Commons stand at the Barre but sat with the rest of their fellowes and the Earle of Strafford sat behinde the place where he used to sit before The reason of these changes were because the Diet was appointed not for a meeting but for a Conference so curious are we and that 's all about formalities The King Queene and Prince were there according to their custome not a man spake a word in the house all the time but only Master St. John the Kings Sollicitor one of the Committee whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor And withall to reply to what the Lord Strafford had spoken eyther by himselfe or his Councell in matter of Lawe The Speech is in Print If it were not without my Sphere to give my opinion of Master St. Johns speech it should be this That he spake little or nothing to purpose except in his fift or sixt Arguments and in them I beleeve without his booke if not I should conceive it better and safer to live under the Lawes of any other Nation then these of England where all Lawe is at last resolved into an Arbitrary power and that by these very men who so much elsewhere enveigh against it Of the Presidents which seeme to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the pleaders penurie others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Master St. John did rather advantage then hurt the Earle by his pleading The next news which we expect to heare is with what Resolution he went out of this World for it is concluded amongst the major part of his Judges that one must die for the people It were well if the blood of one two or three could satisfie The Bill for certain is past the higher House to which 't is thought the King will be perswaded to give way The Scaffold is built upon the Tower Hill God grant him mercy for his other sins and I hope he will easily answere that of Treason He dies as we heare upon the twenty third Article for the words attested by Sir Henry Vane though his Majesty publiquely protested the words were never spoken by him Upon the close of Master St. Johns speech the House dissolved nor was there a word spoken but by Master St. Johns only the Lord Lievetenant used the last part of his Rhetorique and by a dumbe eloquence Manibus ad Syderatensis all along Master St. Johns speech made his Replies with a deepe silence Upon Friday he Petitioned the Lords to be heard againe and that because his Lawyers had not fully spoken at their last meeting but this was denied him because the House were to have the last speech nor were they content to speake againe Upon this information or what else is not known the King it seemes fearing the Inconstancy of the Lords came to the House on Saterday at ten of the clock and having called for the House of Commons spake much to this effect THAT Hee had sincerely without Affection The Kings speech to the House of Commons or Partialitie endeavored to informe himselfe concerning the Livetenants Charge and had at length seriously pondered with himselfe both concerning the matter of Fact and the matter of Lawe and now it stood him in hand to cleere their judgements then to exonerate his own Conscience For them Hee had two things to declare First That there was never such a project nor had the Lord Strafford ever offered such advise for the transporting of the Irish Army into England so that in nothing the Livetenant had beene more misunderstood then in that Which imputation did in no small measure reflect on himselfe the King as if he had intended to make War upon his own good Subjects which thought he said was farre enough from his brest nor could any man in probability thinke so unworthily of him who had perceived how graciously he had dealt with his Subjects elsewhere that had deserved a great deale worse Secondly That the Lievetenant had never advized him to establish an Arbitrary Government nor if he had should he have escaped condigne punishment nor would any of his good Subjects ever
King the State the Lawes or Religion of this Kingdome but with my best endeavors to serve all and to support all So might God be mercifull to his Soule His words did justifie him more there then in Westminster Hall and made such a deepe impression in the hearers that a great many of those who cryed out for Justice against him after their fury was spent and their madnesse strewed with cold blood wished their tongues had beene cut out of their heads before they had opened their mouthes against him others most ignobly imputed this to his effronted boldnesse and are so perswaded of their own infallibility that they mervailed he beleeved not his Actions to be Errors vpon their Word and did not confesse their opinions of him to be truth it selfe A kinde of People they are beyond the cure of Bedlam and nothing but the whipping post or letting blood can doe them good or bring them remedy Vexatio tantum dabit Intellectum 't is nothing but sence will teach them judgement and affliction Charity and both these I feare are hastning on apace His Countenance was in a middle posture betwixt dejection and boldnesse a man may call it even courage and Innocence it selfe without any feare of Critticks nor could his very Enemies through their multiplying glasses perceive the least affectation of disguise in him never man looked death more stately in the face never man trembled more at his sinnes such were his contritions for his oversights and such his immovable confidence of Gods Pardon and his Mercy His Prayers ravished all the standers by that they could not judge whether to preferre his zeale or his poenitency yea the Primate of Ireland who is no complementer reported afterwards to the King that he had then first learned to make supplications aright to Godward and withall told his Majesty that he had seene many die but never such a white Soule this was his owne expression returne to ' its maker At which words the King was pleased to turne himselfe about and offer a teare to his Memory Tantorum mercede laborum And because mis-report about him and my Lords-Grace of Canterbury hath wandred as farre as Cambridge give me leave to adde the story of that mistake It was reported here by the divulgers of such slanders that a little before his death he had charged all his misfortunes oversights and misdemeanors upon the Arch-Bishop of Canterbury as the prime Author and had bitterly curst the day of their first acquaintance A pretty invention it was to charge the Axe againe and to furnish the People with lungs and voices to cry for another Sacrifice yea to staine this Martirs long white Robe with the Innocent blood of another Heroes Oh yee sonns of men How long will yee love vanity and seeke after leasing For this cause I was the more Inquisitive to learne out the truth of this particular and had it thus related to mee by a worthy divine Doctor Wimberly who dyning with my Lord of Canterbury the day after the Earle of Straffords Execution had it from his own mouth And my Lords grace it seems having heard of the mistake did at every period take the Lievetenant of the Tower then present his Attestation and Approbation That the Lord Strafford the night before the Execution had sent for the Lievetenant of the Tower and asked him whether it were possible hee might speake with the Arch-Bishop the Lievetenant told him hee might not doe it without order from the Parliament Master Lievetenant said hee you shall heere what passeth betwixt us it is not a time now either for him to plot Haerisy or me to plot Treason The Lievetenant answered that hee was limited and therefore desired his Lordship would Petition the Parliament for that favour no said hee I have gotten my dispatch from them and will trouble them no more I am now petitioning an higher Court where neither partiality can bee expected nor error feared But my Lord said hee turning to the Primate of Ireland then present what I should have spoken to my Lords grace of Canterbury you shall desire the Arch-Bishop to lend me his prayers this night and to give me his blessing when I doe go abroad to morrow and to bee in his window that by my last farewell I may give him thanks for this and all other his former favours The Primate having delivered the message without delay the Arch-Bishop replyed that in conscience hee was bound to the first and in duty and obligation to the second but he feared his weaknesse and passion would not lend him eyes to behold his last departure The next morning at his coming forth hee drew neere to the Arch-Bishops lodgings and sayd to the Lievetenant though I doe not see the Arch-Bishop yet give me leave I pray you to do my last observance toward his roomes in the meane time the Arch-Bishop advertized of his approach came out to the window then the Earle bowing himselfe to the ground my Lord said hee your prayers and your blessing the Arch-Bishop lift up his hand and bestowed both but overcome with griefe fell to the ground in Animi Diliquio The Earle proceeding a little farther bowed the second time saying Farewell my Lord God protect your Innocency To this relation the Lord of Canterbury added that it might perhaps seeme an effeminacy and softnesse unbecoming him to bee so cast down but hee hoped by Gods Assistance and his own Innocency that when hee came to his own Execution which hee daily longed for that the world should perceive hee had beene more sencible of the Lord Straffords losse then of his own and good reason it should bee so said hee for the Gentleman was more serviceable to the Church Hee would not mention the State then either himselfe or any of all the Church-men had ever beene And that there may bee a slaughter-Goat for the sinnes of the people in Scotland to wait upon this report they have fained another of the same meale that the Arch-Bishop of Canterbury casts back all his misdemeanors upon the Bishop of Ross as if either the Lord Strafford had beene tutored by the Ach-Bishop or hee by the Bishop of Ross in the King and Countryes service I did think that both of them had past their pupilage and could not have beene bended to execute the directions of any man living but only their own Masters but this is a faire advertisement to the Bishop of Ross to make himselfe the scape-Goat Hâ—â— fugenate Dâ—o Give me leave to adjoyne one thing more when hee was marching to the Scaffold more like the Generall in the head of an Army to breath victory then like a condemned man to undergoe the Sentence of Death the Lievetenant of the Tower desired him to take Coach for feare the people should rush in upon him and teare him in pieces No said hee Master Lievetenant I dare looke death in the face and I hope the People too have you a care that I
no Exceptions made against any witnesses To which hee added that as hee had beene regulated in his Proceedings so hee had beene moderate in the Execution of that Sentence For though the Lord Mount-Norris justly deserved to dy yet hee had obteined him the Kings Pardon for the saving of his life and protested that hee intended nothing by that Sentence but in some measure to repayre his owne Honour and to give Mount-Norris faire reproofe who was known to bee of an exorbitant and licentious tongue and Spirit Adding That if the house of Commons would goe on the same way with him and assure him that the issue of his Charge should be nothing else but to admonish him for the time to come hee would thanke them heartily for it and study amendment in all his pretended oversights And whereas Mount-Norris complayned that hee had jeeringly told him when the Sentence was passed and pronounced against him That ere hee lost his head himselfe would lose his hand Hee answered that hee had beene thought to bee very insolent and haughty yet hee was never so impertinent to use this expression If any fault were it was for undervaluing himselfe in saying That ere a hayre of Mount-Norris should perish hee would lose his hand And truly said hee if Mount-Norris would say so to mee now even in the worst sence that can bee conceived That ere I died hee would lose his hand I would take it very kindly from him For the other man hee avouched that hee himselfe had voyced to hang him both because hee was an arrant theefe and also had fled from his Colours which by the very Common-Law and to this effect hee cited a Statute 20 Hen. 6. 7. Hen. 7. That to fly from their Colours is fellony Hee concluded That seeing hee was not accessory to the Sentence against Mount-Norris had not sate there as Judge had a power to keepe Martiall-Courts by his Commission had not exercised the same till a new Command came from his Majesty had done no more then ever was practised in Ireland before his time and had at last obteined Mount-Norris his pardon Hee hoped there was nothing accusable in him but his too remisse and too moderate proceedings Master Glyn bitterly replyed That hee knew the time when the Earle of Strafford was no lesse active and stirring to enlarge Glynn's Eâ—aculatioÌ„ the liberty of the Subject and advance the Petition of Right then now he is for extending his owne Arbitrary and Tyrannicall Government To this hee Replyed without the least semblance of passion Strafford's Reply That if at any time hee had done the least service to the House of Commons hee thought his whole life well spent nor could they ever so graciously reward him as to give Commission to that Gentleman to expresse so much before that honourable Assembly But withall if ever any such thing was done by him hee intreated it might now bee remembred and might now serve to over ballance some sleight and meane oversights committed by him which hee hoped should never make him guilty of Treason unlesse it were Treason for a man to have no more wit and prudence then God and Nature had bestowed upon him And so much for Satterday Upon Munday hee was charged with the sixt Article That Monday hee hâ—d used a Tyrannicall Government not only over the Lives as appeared by the last but also over the Lands and Goods of the Chaâ—ge Aâ—t 6. Kings Subjects as appeared by this Article wherein hee was Charged to have disposessed the Lord Mount-Norris of a tenure of Lands by a summary Processe before himselfe contrary to all Law and therefore had fayled 1. Against the Act. 7 Hen. 6. which provides all matters to be determined by the Ordinary Judges 2. Against the cautions sent to Ireland by King James expresly forbidding such power hereafter to be exercised 3. Against the Kings late Proclamation 4. Against the practise of all Deputies before that time Withall they added That it was a Tyranny that could not bee expressed to exercise this power over the persons of the Peeres of the Land and their Goods To this hee Replyed That for his part in matter of Justice Strafford's Reply under favour hee spake it hee thought there was no distinction to bee made betwixt a Peere of the Land and one of the Commons except they did thinke that eyther feare or faction should doe something which had no place in him To the Particulars 1. That the Act of Hen. 6. answered it selfe sufficiently both because it excepted the Court of Requests and that his proceedings were nothing else in Ireland and also makes an expresse Reservation of the Kings Prerogative which hee said was his strength because hee derived his Commission from the King and that the Act was the most expresse warrant in the world for him 2. That hee had not fayled against the cautions given by King James 1. Because they were not Charged upon him 2. Because they were never observed nor could be by the Deputies to whom they were given which he proved both by witnesses and writings 3. Because the Caution made rather for him then against him in that it conteined the word hereafter which manifestly implyed that that power had beene sometimes before exercised in Ireland And not only by himselfe and therefore thanked them for that testimonie and hint 4. That though the Cautions had beene given to him yet he had received an expresse Command from the king his Master to put that power in use causing the Kings Letter for that pupose to be read and professing withall that hee was tender to exercise that power till the King induced by the humble Remonstrance of the meaner sort of people had most peremptorily and upon most just reasons commanded him 3. That hee could not obey the Kings Proclamation fiâ—e yeeres before it came out and that hee wished from his heart that they would but respect the Kings Commands and Commissions with that tendernesse of affection and obedience as he did his Proclamations 4. Hee proved it to be the constant practise of all Deputies that went before him It was objected that other Deputies had indeede upon suits of Charge Equity determined themselves and matters of Debt but never of Land Hee Replyed First that the same Authority reacheth as Straffoâ—â—'s Reply well to the one as to the other Secondly that neither he nor they had ever given Sentence or determined any thing concerning matters of Inheritance but only concerning violent intrusion which fell directly within a suit of Equity To which hee added First the Equity of that Court that it proceeds upon the same grounds and evidences of that of the Common-Pleas and that hee had the assistance of two of the learned Judges in deciding the Controversie Secondly the profit of that Court which dispatcheth the poore in a day or two whereas the common-Common-Law would keepe them so many yeeres which they are not able to
susteine Thirdly the necessity of that Court in that Kingdome which hath beene ever governed by that way and therefore impossible to debarre the natives from it without great inconvenience for it would utterly undoe them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable Commanded to it and the Sentence just hee hoped rather for thanks from the State then a Charge for his ill Deportment withall he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that peece of Land and made the playing of his game to be very foule and at last hee added That he had done no more in Ireland then the Court of Request in England usually doth And that the Chancery Court in Ireland doth the same daily and the last Chancellor was never Charg'd said hee for such Proceedings though this his Power and Authority was lesse then mine But the difference of the Person and his Authority it seemeth differeth the matter And this was the businesse on Monday On Tuesday they passed by the 7 Article and the two first Tuesday Charge the latter part of the eight Article Lady Hibots Case parts of the 8 about the Lady Hibbotts Land That hee had violently thrust her from her possession by this Summary way of Justice and afterwards purchased the land to his owne use by borrowing the name of Sir Robert Meridith In this Probation the testimony of the Gentlewomans own sonne was used of the Lord of Corke and the Lord Mount-Norris all his back-friends or professed Enemies and yet they proved very little but what they tooke up upon hearesayes their prime Allegation was First That though the major part of the Councell-Boord had voted for the Lady yet the Lord Lievetenant had given Decrees against her Secondly That all was done to his own behoofe To the First Hee produced the Sentence under the hand Straffords Reply of the Clerke of the Councell-Boord subscribed by the Major part To the Second Hee attested that hee had no under-dealing with Meridith for the Lady had got her own Lands back from the said Sir Robert Meridith Hee also declared at length with what fraude and deceit the Lady had come to her Lands and upon what reasons they were restored After this Article they fell upon the ninth about the giving Charge Article 9. of Commission to the Bishop of Downe and Connar for apprehending all such Persons and presenting them before the Councell-Boord as contemned the Ecclesiasticall Ordinances This was aggravated as a point mainly against the Liberty of the Subject To this Hee Replyed Fist Hee produced the Primate of Irelands Testimony under Straffords Reply his hand hee being himselfe sick that the same course had been used in Ireland before and that Bishoppe Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly Hee shewed the Equity that such assistance should bee given to Church-men who otherwise because of Papists and Schismaticks either to God or the King wâ—â—ld have no Respect or Obedience given them in that Kingdom Thirdly He proved by two witnesses that such Warrants were in use before his time Fourthly Hee said hee had never granted any but that one and had presently within some few Moneths called the same in againe what said hee was the Bishop of Downes carriage in it hee had no reason to answere for But hee presumed the Bishop could give a satisfactory answere for himselfe when hee should be called in question And so hee concluded that a matter so just so necessary so customary and practicall before Hee hoped should not bee Charged upon him as an Introduction of a new and Tyrannicall Forme of Government And therefore submitted himselfe to the Mercy of God and the Equity of his Peeres in his Tryall And this was the worke on Tuesday The ability of this brave Gentleman ravisheth his hearers with admiration though he bee infinitely spent both in Body and Mind by the continued and almost un-interrupted Agitation After the ninth Article was passed against the Commission issued Wednesday Charge Art 10. in favour of the Bishop of Downe and Connar Upon Wednesday Master Glyn proceeded to the tenth Article the Charge was That the Earle of Strafford having established an Arbitrary and Tyrannicall Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crowne it selfe that by applying to his own use the Publique Revenues hee might bee the more enabled to accomplish his disloyall and trayterous intentions To which end having by a new booke of Rates enhaunced the Customes hee had gotten by advantage of his Lease above twenty six thousand pound yeerly This they added was a Crime of higher nature then those conteined in the Preceding Articles Because in those there was some colour or pretext of Justice here none those in Particulars this in Generall those against the Subject only this against the King himselfe For the Proofe of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchesse of Buckingham which the Lieutenant hath now by Assignemâ—â—t and some differences shewn arising to the sum of two thousand pounds in the Dukes Lease only the moity of concealed and forfeited Goods were due to him but the whole Goods to the Dutchesse in her Lease Againe the Kings ships of prizes did not pay Customes in the Dukes Lease in the Dutchesses they did Againe the Impost of the Wines then belonging to the Earle of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly whereas the Earle of Strafford paid but fourteene thousand pounds per annum for the Custome it was worth to him as was apparent by the bookes of the Exchequor forty thousand pound Witnesses were examined First Sir James Hay who deposed that the Earle of Carlile had an advantage of one thousand six hundred pounds per an by his Lease of Wines Secondly The Lord Ranelaugh who deposed that by the inspection of the books of Accompts hee had found the Customes to be Anno 1636 thirty six thousand pounds Anno 1637 thirty nine thousand pounds Anno 1638 fifty foure thousand pounds Anno 1639 fifty nine thousand pounds With the Proofe they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeale and Honesty in his Majesties service yet it is evident hee had abused the trust put upon him and by withdrawing so great summes of money from the Crowne had weakened the King praejudiced the Subject of the Protection they were to expect from him and had beene the cause that the extraordinary way of Impost and Monopolies had beene undertaken for supplying of the Royall necessitie And that this Act therefore ought to bee enough to make the Charge and Impeachment of high-Treason laid against him The Lievetenants Reply was That hee conceived