Quality and Trust are in Ireland material Witnesses to be examined as the Master of the Rolls the Lord Chancellor and others these can hardly be spared to come hither to give their Testimony The Committee desires the Advice of the House in this particular which without their Judgments cannot be determined to think of some way how these Parties might have their Testimony taken and the Truth might be known and Justice done This whole matter thus Reported from the Committee for Irish Affairs is recommitted to the same Committee again to consider of it and to draw those things that are to be inquired of under apt Heads and so present them to the judgment of this House to proceed accordingly Mr. Maynard Mr. St. Iohns Mr. Hide Mr. Whistler Mr. Ieofrey Palmer Mr. Glyn Mr. Sollicitor This Committee is to Collect and Offer to this House Reasons for this House to make use of and insist upon in maintainance of that Point of the Message of this House to the Lords which desires the presence of some of the Members of this House at the Examination of such Witnesses as shall be Proposed by this House in the Accusation of the Earl of Strafford To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six intire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Susidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limitted into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined 3. The proceedings in civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Usage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to
Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to examine hear and determine according to the course of Proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in those parts and did disinherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel and procure further Directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl to bring His Majesties Liege-people into a dislike of His Majesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and Governed by the same Laws The said Earl being Lord Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties liege-Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased and speaking of the Charters of former Kings of England made to that City he further then said That their Charters were nothing worth and did bind the King no further than He pleased IV. That Richard Earl of Cork having sued out Process-in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper-Petition without Legal procéeding did the 20th day of February in the Eleventh Year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said Eleventh Year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tythes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his words and spéeches arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government V. That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and
who lived in those famous times and spent their blood in Obedience to their Soveraigns Command So that by these words candidly and rightly taken no manner of ill could come being spoken not with any sharpness or upbraiding but meerly to let them see That being in that Condition they were infinitely bound to the Kings of England who were pleased to communicate to them the Laws of their own Kingdom And so far were they from being taken ill that no man at that time took offence at them For the words The King might do with them what he pleased let them relate to the Conquest and there is no offence in them for the Conqueror might give them what Laws he pleased and yet nevertheless hath been so gracious and good as to give them the Laws of his own People Give me that understanding of the words and then where is the Crime how can it be brought in Judgment against me in it self or be aggravated to High Treason I acknowledge I did speak to the Recorder of Dublin yet some things I am put in mind of which I am forced to deny with a great asseveration That I do not remember the words nay I am sure I never spake them let all the world and a cloud of Witnesses say the contrary when I know in my own heart I did not speak them though I offer not this to Your Lordships to convince your Judgments And on the other side there is nothing that is true but I will acknowledge it with all Ingenuity in the world on the Testimony of any one single Witness I desire that Mr. Slingsby his Servant might be asked whether he was not present when I spake these words and whether then any offence was taken at me in respect of the high manner of my speaking or whether they were not rather extreamly well satisfied Now if Your Lordships take words in pieces and not altogether any man living may be convinced but taking my words altogether though something might be thought harsh yet something gave abundant satisfaction I am upon a mighty prejudice in being denied to have my Witnesses examined upon Oath in these things that are not Treason But they be persons of good credit and I trust your Lordships will believe them as much as if they spake on Oath since I think none of them would say a word to your Lordships which they would not swear Mr. Slingsby being asked Whether he was present when my Lord of Strafford spake to the Recorder of Dublin what he said and what acceptance it received He Answered He was then present being on the occasion of presenting Sir Robert Dixton the Mayor of Dublin that he cannot remember the particular words nor deliver them to their Lordships as they were spoken by the Lord-Lieutenant But he remembers particularly the scope of the Discourse was to ingratiate His Majesties present Government to them That the words were well accepted by several persons whom he spake with and took that Effect that his Lordship was thereupon invited to the Mayors House where divers of the City Congratulated his coming to them I shall now proceed to the second part of the words That their Charters were nothing worth and they bind the King no farther than he pleases and I conceive I may say so still If their Charters be nothing worth they do not bind the King but he may do with them what he pleases In that I desire your Lordships to call to mind what my Lord of Corke said That Ireland was a Conquer'd Nation and the King might give them what Laws he pleased and that the Charters were Antiquated and no farther good than it pleased His Majesty to make them It is likely I confess I might say so and yet not say amiss for it is most evident and clear their Charters are void in point of Law and therefore it is in the King 's good will and pleasure Whether he will make them good or no. And that they were void the King's Council informed me so that they were questioned at Council-Board upon it for divers unlawful Exactions they took under colour of Charters for divers by-Laws that they had made against Law by those Charters for divers neglects of Duties that they ought to do by those Charters and generally for not performing the trust reposed in them by those Charters with that Integrity and Care they ought to do And for the truth of it that many Complaints were made against the Mayor and Aldermen at that Board for neglecting their Duty I dare Appeal to my Lord of Corke I adding this That the greatest part of the Aldermen were Recusants and would never be brought to obey the Order of the Board but stood on their Charters and would be Masters and by that means great Disorders continued And to prove that upon Examination they appeared to be void in Law I desire Sir George Ratcliffe may be admitted to speak on what Grounds those Charters were called in and are now as I think deposited with the Clerk of the Council Sir George Ratcliffe standing charged with High Treason by the Commons of England before your Lordships and of a Conspiracy with my Lord of Strafford and whether it be fit to hear one charged with High-Treason to clear another so charged we Appeal to your Lordships That Sir George Ratcliffe is charged to be a Conspirator with me indeed and in truth I must confess Sir George Ratcliffe and my self under favour are equally guilty of Treason and I hope we shall both justifie our selves but I know so much of him that I am not ashamed to say That I think that Sir George Ratcliffe is my Friend and I wish him well and so I think will all other men I trust in God when they hear him But I conceive Sir George Ratcliffe might be heard in these Points if he be examined as a Witness against me I desire he may be examined as a Witness for me Sir George Ratcliffe is not examined nor at all sworn in the Cause on our Motion and admitted that if they produced him as a Witness they would not deny my Lord of Strafford to cross examine him The Lord Steward declared the sense of their Lordships That Sir George Ratcliffe could not be examined I shall readily obey but yet observe That if it were only matter of Misdemeanor he might be examined though charged But this is my unhappiness to be debarred of my Witnesses because I am charged with Treason in general though there be nothing in particular that 's near the complexion of Treason We desire to observe that this justifies a part of our Charge for the Charter of the Subjects Liberties are as his Lordship confesseth brought to the Council Table and judged there and not to the proper Courts where they ought to be judged the Council-Table having no Power to declare the Validity or Invalidity of Charters from the King to the Subject
should not extend to a Subject This is to take a power above Law and make himself equal to Sovereignty to say that he should not be comprehended more than the King himself He says he did not lead the Soldiers but only gave a Warrant and therefore this should not be Treason but though he leads them not the Commander is an Actor and to give Warrant for Treason is Treason He says this is a Statute-Law in Ireland and not examinable before their Lordships here Mr. Palmer alledged that he would do my Lord right that he submitted to their Lordships Judgements and craved leave to give answer to that point and said The Laws of Ireland are devised from the Crown of England the King being seized of it in the right of his Crown of England and as a parcel of this Crown The power they have to make Laws there is derivative from the Crown of England and they did thankfully accept them from the first Conqueror Since that they had power to make Acts of Parliament but that is subordinate the Laws there are the Laws of England applyed to that place As any particular custom of a place not the general Law of the Land is the Law of that place by a general custom and yet may be judged out of the precincts of that custom so the Laws of Ireland are the Laws of that Kingdom yet may be judged by this Supream Court out of the limits of Ireland Though in an inferior Court when a thing questioned in Ireland is brought by Writ of Error they judge according to the Laws of Ireland not of England And my Lord hath prayed and werequire that he may be judged according to the Laws of Ireland So this Law of 18 H. 6. may be judged by their Lordships though it be a Law in Ireland But my Lord urges that this Law is repealed and for that he gave reasons on many Acts of Parliament First a Statute made 8 Edw. 4. That is made to a particular purpose reciting one particular Statute and repealing that and then by a general clause ratifying and introducing all the Statutes of England into Ireland This being but on a particular occasion with such a general Clause will not be applyable however it will be the Answer to that that follows It is a general Clause to introduce the Laws of England and shall not have that reflexion to repeal any Law of force in Ireland This introducing of our Laws thither shall not work to repeal their Laws but make a consistance of both Laws so far as they may stand together On that Mr. Palmer said he would not enlarge himself it being not matter of Fact and it was not expected that matter of Law would have been insisted on and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law That which my Lord called a Judgement in Parliament 11 Eliz. recites that it was in time of desolation of Justice That the Captains had brought oppressions on the people It was in a time when though the Irish had been victi long before yet they were not brought perfectly under subjection of the Laws of England there then remained Rebellions and Tumults It was in time of Hostility and War And that Statute gives but an Implication neither that Captains should not Assess without the Deputies Warrant And it follows not that therefore he hath authority to do it But howsoever the thing be this was for defence of the people to make resistance against Rebels But the thing in charge was in time of peace and full government of the Law and so that Statute will give no justification at all My Lord of Strafford concluded that there was no Treasonable Intent in this and therefore it should be no Treason on the Statute of the 25 Edw. 3. My Lord recited the words of the Statute Not to be only the levying of the War but adhering to the Kings enemies but these glosses are not to be confounded but severed The adhering to the Kings enemies is one offence within that Statute Levying of War another so that if there be no Adherence yet if there be Levying of War it will be Treason And this levying of War it was on the Kings People perhaps there was no intent upon the Kings Sacred Person yet if it be against the Kings People such a levying of War is Treason ordinary Cases of Felony are to be against the Kings Crown and Dignity though it be the Homicide of a mean Subject it is against the Kings Crown and Dignity because it is against the protection and safety of that man that is the Kings Subject and so the levying of War on the Kings People by laying Soldiers in this hostile manner being against the protection by which they are governed against the safety by which the King is to defend them It is a War against the King his Crown and Dignity This is the Answer to the Defence And Mr. Palmer concluded That he conceived the Charge of the House of Commons in matter of Fact was fully maintained and for matter of Law if there remained any scruple a farther Argument and stronger Reasons should be offered hereafter And so a Recess being granted for a day upon the Humble Request of my Lord of Strafford the House was Adjourned and Saturday following was appointed for the next meeting THE Sixteenth Article The Charge 16. THat the Earl of Strafford the Two and twentieth of February in the 7 th year of His Majesties Reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from His Majesty an allowance thereof that no complaint of injustice or oppreision done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such usurped Tyrannical and exorbitant power expressed in the former Articles destroyed and oppressed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said power And to prevent the Subjects of that Realm of all means of complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the 17 th day of September in the Eleventh year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties service or attending in England by His special command to make their personal Residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Lawes and Government of the Realmes of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel His Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallible interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen years in the Kings Service ever Resolving in my heart Stare super vias antiquas to prove with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Haires charged as an under-worker against that Government a Subverter of that Law I most affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by words by Councils and by Actions in Ireland and in England My Lords I shall first give you an Accompt of the words wherewithall I am Charged forth of Ireland and the first words are in the third Article where I am Charged to have said That Ireland is a Conquered Nation and that the King may do with them as he pleaseth And to the City of Dublin That their Charters are nothing worth and bind the King no farther than he pleaseth These are the words Charged My Lords methinks it is very strange under favour that this can be made an Inducement to prove this Charge because I said That Ireland is a Conquer'd Nation therefore I endeavour to subvert the Fundamental Laws when I speak the Truth for certainly it is very true it was so My Lords under favour I remember very well there was as much said here at this Bar since we began and yet I dare well Swear and acquit him that spake it from intending to Subvert the Lawes For my Lords you were told and told truely That Ireland was a Conquered Nation and that it was Subordinate to England and God forbid that it should be otherwise and that they have received Lawes from the Conqueror My Lords the words testified by my Lord Gormonstone and Kilmalock to be spoken are not the words wherewith I am charged and so under favour I conceive cannot be brought to my prejudice as to this Tryal and they are words that are denied by me For my words concerning their Charters your Lordships remember very well I doubt not wherefore I said they were void For their misuse of them and that I told them so not with the intent to overthrow their Patents or Charters but to make them more conformable to those things that the State thought fit for encrease of Religion and Trade and encouraging and bringing English into that Town And that it was meant so and no otherwise Whatsoever was said it appeares by this their Charters were never touched nor infringed nor medled withal by me during the time I was in that Kingdom so that words so spoken and to such a purpose that they should go to prove such a Conclusion I conceive there is great difference betwixt those Premises and that Conclusion The next Charge for words in Ireland is in the Fourth Article where I am Charged to have said That I would neither have Law nor Lawyers Dispute or Question my Orders and that I would make the Earl of Cork and all Ireland know that as long as I had the Government there any Act of State should be as binding to the Subjects of that Kingdom as an Act of Parliament My Lords I humbly beseech your Lordships to give me leave to say for my self that these words of the Charge are onely Sworn by my Lord of Corke and no man else and his Lordship appeared a little mistaken the other day in one point on the Reading of an Order of the Council-Board for so it appears as I conceive so that for one single Witness and he the Party Aggrieved by these words to be the Man that must convince me I conceive your Lordships will not think that to stand with the ordinary Rules of proceeding For the rest to say Acts of State in Ireland should be Binding so long as they are not contrary to Law I confess I then conceived it had been no Offence for I thought them to be as binding being not contrary to Law but the Elder we grow the wiser we may grow if God give us the Grace and Attentions and so I trust I shall by these Gentlemen that have taught me to forbear those kind of Speeches hereafter My Lords These are all the Words charged against me for Ireland saving onely some things that I shall come to anon that is Charged upon me in one of the latter Articles concerning Scotland I say my Lords these are all the Words that have slipped from me in Seven years time having been well watched and observed as your Lordships may perswade your selves I have been But in Seven years time I say these are all the words brought to my Charge and in truth I conceive a wiser Man than my self might be forgiven for one Error or slip of his Tongue of that Nature in a years time seeing it is in
impeachment of the Earl of Strafford by the House of Commons whereby he stands charged with High Treason and your Lordships have heard his Defence with patience and with as much Favour as Justice would allow We have passed through our Evidence and the result of all this is that it remains clearly proved That the Earl of Strafford hath endeavoured by his Words Actions and Counsels to subvert the Fundamental Laws of England and Ireland and to introduce an Arbitrary and Tyrannical Government This is the envenomed Arrow for which he inquired in the beginning of his replication this day which hath infected all his Blood This is that intoxicating Cup to use his own Metaphor which hath tainted his Judgement and poisoned his Heart from hence was infused that specifical difference which turned his Speeches his Actions his Counsels into Treason not cumulativè as he exprest it as if many misdemeanors could make one Treason but formally and essentially It is the end that doth inform Actions and doth specificate the nature of them making not only criminal but even indifferent Words and Actions to be Treason being done and spoken with a Treasonable intention That which is given to me in charge is to shew the quality of the offence how hainous it is in the nature how mischievous in the effect of it which will best appear if it be examined by that Law to which he himself appealed that Universal that Supream Law Salus populi This is the Element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected How far it stands in opposition to this Law I shall endavour to shew in some considerations which I shall present to your Lordships all arising out of the evidence which hath been opened The First is this It is an offence comprehending all other offences here you shall find several Treasons Murthers Rapines Oppressions Perjuries The Earth hath a Seminary Virtue whereby it doth produce all Herbs and Plants and other vegitables There is in this Crime a Seminary of all evils hurtful to a State and if you consider the reasons of it it must needs be so the Law is that which puts a difference betwixt good and evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what dictates what decisions such Laws will produce may easily be discerned in the late Government of Ireland The Law hath a power to prevent to restrain to repair evils without this all kind of mischief and distempers will break in upon a State It is the Law that doth entitle the King to the Allegiance and Service of his People it entitles the People to the Protection and Justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said that the King subsisted by the field that is tilled it is the labour of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegiance will be taken away though the obligation remain The Law is the boundary the measure betwixt the Kings Prerogative and the Peoples Liberty whilst these move in their own Orbs they are a support and a security to one another the Prerogative a cover and defence to the Liberty of the People and the people by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must ensue If the Prerogative of the King overwhelme the Liberty of the People it will be turned into Tyranny if Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self they were a conquered Nation There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the world that have not been conquered and no doubt but the Conqueror may give what Laws he pleases to those that are conquered but if the succeeding pacts and agreements do not limit and restrain that Right What People can be secure England hath been conconquered and Wales hath been conquered and by this reason will be in little better case than Ireland if the King by the right of a Conqueror gives Laws to his People shall not the People by the same reason be restored to the right of th e Conquered to recover their Liberty if they can What can be more hurtful more pernicious to both than such propositions as these And in these particulars is determined the first Consideration The Second Consideration is this This Arbitrary Power is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish Ambition Usurpation and Oppression in great Men and to beget Sedition and Discontent in the People and both these have been and in reason must ever be causes of great trouble and alteration to Princes and States If the Histories of those Eastern Countreys be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford loose and observed from all rules of Government they will be found to be frequent in Combustions full of Massacres and of the tragical ends of Princes If any man shall look into our own stories in the times when the Laws were most neglected he shall find them full of commotions of civil distempers whereby the Kings that then Reigned were always kept in want and distress the People consumed with Civil Wars and by such wicked Counsels as these some of our Princes have been brought to such miserable ends as no honest heart can remember without horror and earnest Prayer that it may never be so again The Third Consideration is this The Subversion of the Laws and this Arbitrary Power as it is dangerous to the Kings Person and to his Crown so is it in other respects very prejudicial to His Majesty in His Honor Profit and Greatness and yet these are the Gildings and Paintings that are put upon such Counsels These are for your Honor for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules
England If but any one of these Six Considerations hold the Commons conceive that upon the whole matter they had good cause to pass the Bill My Lords For the first of Levying War I shall make bold to read the case to your Lordships before I speak to it It 's thus The Earl did by Warrant under his Hand and Seal give Authority to Robert Savil a Sergeant at Arms and his Deputies to Sesse such numbers of Soldiers Horse and Foot of the Army in Ireland together with an Officer as the Sergeant should think fit upon His Majesties Subjects of Ireland against their Will this Warrant was granted by the Earl to the end to compell the Subjects of Ireland to submit to the unlawful Summons and Orders made by the Earl upon Paper Petitions exhibited to him in case of private interest between party and party this Warrant was executed by Savil and his Deputies by sessing of Soldiers both Horse and Foot upon divers of the Subjects of Ireland against their Wills in warlike manner and at divers times the Soldiers continued upon the parties upon whom they were sessed and wasted their Goods until such time as they had submitted themselves unto those Summons and Orders My Lords This is a Levying War within the Statute of 25th Edw. 3. The words of the Statute are If any man do Levy War against our Lord the King in His Realm this is declared Treason I shall endeavour in this to make clear to your Lordships 1. What shall be a Levying of War in respect of the motive or cause of it 2. What shall be said a Levying of War in respect of the action or thing done 3. And in the third place I shall apply them to the present case It will be granted in this levying of War that Forces may be raised and likewise used in Warlike manner and yet no levying of War within the Statute that is when the Forces are raised and employed upon private ends either of revenge or interest Before this Statute in Edw. the 1. time the Title of a Castle was in difference between the Earls of Hereford and Gloucester for the maintaining of the possession on the one side and gaining of it on the other Forces were raised on either side of many hundred men they marched with Banners displayed one against another In the Parliament in the 20th year of Edward 1. this was adjudged only Trespass and either of the Earls Fined 1000 Marks apiece After the Statute in Hillary Term in the 15th year of Edw. the 3. in the Kings-Bench Rot. 3. Nicholas Huntercome in Warlike manner with 40 men armed amongst other weapons with Guns so antient as appears by that Record they were did much spoil in the Mannor of the Abby of Dorchester in the County of Oxford this was accounted no Treason and so it hath been held by the Judges That if one or more Town-ship upon pretence of saving their Commons do in a forcible and warlike manner throw in inclosures this is only a Riot no Treason The words of the Statute 25 Edw. 3. clear this point that if any man ride Armed openly or secretly with men at Arms against any other to kill and rob or to detain him until he hath made Fine and Ransome for his deliverance this is declared not to be Treason but Felony or Trespass as the Case shall require all the printed Statutes which have it covertly or secret are misprinted for the words in the Parliament Roll as appears in the 17th are Discovertment on Secretement Open or Secretly So that my Lords in this of Levying War the Act is not so much to be considered but as in all other Treasons and Felonies quo animo with what intent and purpose My Lords If the end be considerable in Levying War it may be said that it cannot be a War unless against the King for the words of the Statute are If any man Levy War against the King That these words extend further than to the person of the King appears by the words of the Statute which in the beginning declares it to be Treason to compass and imagine the death of the King and after other Treasons this is to be declared to be Treason to Levy War against the King If Levying of War extend no further than to the Person of the King these words of the Statute are to no purpose for then the first Treason of compassing the Kings death had fully included it before because that he which Levies War against the Person of the King doth necessarily compass his death It 's a War against the King when intended for alteration of the Laws or Government in any part of them or to destroy any of the Great Officers of the Kingdom This is a Levying War against the King 1. Because the King doth protect and maintain the Laws in every part of them and the great Officers to whose care he hath in his own stead delegated the execution of them 2. Because they are the Kings Laws he is the Fountain from whence in their several Channels they are derived to the Subject all our Indictments run thus Trespasses laid to be done Contra pacem Domini Regis the Kings Peace for exorbitant offences though not intended against the King's Person against the King his Crown and Dignity My Lords this construction is made good by divers Authorities of great weight ever since the Statute of 25th of Edw. 3. downwards In R. the 2. time Sir Tho. Talbot conspired the death of the Dukes of Glocester and Lancaster and some other of the Peers for the effecting of it he had caused several People in the County of Chester to be Armed in Warlike manner in Assemblies in the Parliament held in the 17th year of R. 2. N o 20. Sir Thomas Talbot being accused of High Treason for this It 's there declared insomuch as one of them was Lord High Steward of England and the other High Constable that this was done in destruction of the Estates of the Realm and of the Laws of the Kingdom and therefore adjudged Treason and the Judgement sent down into the Kings Bench as appears Easter Term in the 17th year of R. 2. in the Kings Bench Rot. 16th These two Lords had appeared in the 11th of R. 2 in maintainance of the Act of Parliament made in the year before one of them was of the Commissioners appointed by Parliament and one of the Appealors of those who would have overthrown it The Duke of Lancaster likewise was one of the Lords that was to have been Indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of their Laws This there is declared to be Treason that concerned the Person of the King and Common-wealth In that great insurrection of the Villains and meaner People in Richard the II. time they took an Oath Quod Regi Communibus fidelitatem servarent to be true
words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Councel of War and judges his Lordship to death My Lords It is no wonder that he would make the Kings little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the Kings Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishops Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the Kings Customs and a Rent of 1350 l. is increased to the Crown But it will appear to Your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Straffords Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Dukes Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London Derry and Colerane in the Dukes Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized accordingly yea their Houses broke open and their Goods taken away and brought to my Lord of Straffords house where they were employed in his works The like we shall instance in Tobacco 15. Next we shall shew to Your Lordships how he hath levied War upon the Kings Subjects We opened in the beginning what an Arbitrary Jurisdiction he set up here we shall shew how he used it by a meer course of Enmity and Hostility For My Lords this was the course If a Decree or Order were made by him and not obeyed he issues a Warrant to the Sergeant at Arms to go to the next Garrison and take Soldiers with an Officer and carry them to the House of the party in question it is no matter where it was but to the House of them that were pretended to be disobedient they were to go If the Decree had been to raise so much money or to put parties in possession In plain terms the Soldiers were to lye like Free-booters and Enemies on the King's People to eat them up They have killed their Sheep their Oxen and they have lain not on the parties only but on their Tenants till the party comes in and renders himself They have burnt their Houses taken their Wives and Friends and carried them away till Obedience was rendered and this is a levying of War upon the King For the King and the People are both so united in Affection and Right of Law that there cannot be Violence offered to the King but it redounds to the People nor can any Oppress the People in this sort but it redounds to His Majesty Besides it is contrary to a Law of that Kingdom whereby it is Enacted That if any person shall assess Horse or Foot on any of the Kings People without their consent it is High Treason The next thing we shall go to is the Favour he shewed to the Papists in their Compositions and Exemptions from all penalties of Law for they were expresly not to be proceeded against nor to be Convicted and so that which hath influence into Religion and Reformation is quite taken away and nothing but matter of Profit is left The next Article is that that concerns the Kingdom of Scotland First he begins with them in Ireland contrives an Oath which is set forth in the Articles That they shall obey the Kings Royal Commands without exception This he enforceth by Fining and Imprisoning them that disobeyed him And so in all the other particulars when his Proclamations were broken his course was by Fine and Imprisonment to enforce an Obedience My Lords He doth not only press them in their Estates but strives to infuse into His Majesty an ill Opinion of them he provokes and incites Him by all his Arguments to lay down his Mercy and Goodness and Justice and to fall into an offensive War against that Kingdom He gives out that
he stood within little distance of my Lord when he spake the words and hath not been deaf above two months and two other Witnesses concur fully with him For Doctor Duncombe whether he be the man that laid Aspersions in the North on some Noble Lords I know not but his Testimony only is that he heard so from one that spake it at the Table not upon Oath and not knowing what use would be made of it And another Witness shall be produced that will speak to the occasion and that it was not the matter of Knighting-money Sir Thomas Leyton being asked how long he hath had this Infirmity in his hearing Answered That he got a great Cold since he came to Town and had this Imperfection since Christmas and had his hearing well before Being asked how far he sate from my Lord of Strafford He Answered Four yards off My Lord of Strafford desired it might be asked the Witness Whether he sate on the Seat where the Sheriff uses to fit he answered Affirmatively His Lordship excepted against his Testimony himself sitting where the President uses to sit betwixt my Lord Chief Baron and Mr. Justice Vernon And he Appealed to my Lord Chief Baron Whether the Presidents Seat and the Sheriffs Seat be not as far distant very near as far as from his Lordships then station to the Lord Steward But the Committee observed it not to be material that there should be any Geometrical measure but be three four five six or seven yards off Here the Committee offered other Witnesses but my Lord of Strafford desired their Lordships Judgment Whether they should not bring all together which the Lord Steward declared they might as to this Point Sir David Fowles being produced was excepted against My Lords He is no competent Witnesse he lying in the Fleet on a Sentence in the Star-Chamber at my Suit being fined for divers things he had said which concerned my self which depended on this in question and conducing to it He comes not at his own Request or Suit but in a Suit that concerns His Majesty and the Commonwealth and might offer the Presidents own Rule in the Case but that the Law speaks for him that a Witness ought to be heard in this Cause though there have been particular ill affections between them and your Lordships well know how to compare him with other Witnesses and to value him accordingly This hath been Resolved in the Case of Sir Pierce Crosby that he should be sworn and then value his Testimony as the Lords shall see Cause and this may be put into the same way Sir David Fowles being sworn the Lord Steward put them in mind of the former Caution that their Lordships would judge the value of his Testimony the Committee not admitting what was excepted against him he being not to obtain any thing for himself nor his own Interest concerned but produced for the King and Commonwealth and therefore an indifferent Witness in the Case And then being Interrogated touching the words of Comparison between the King 's little Finger and the Loins of the Law whether he heard them and the occasion Sir David Fowles answered He heard him say the very same words That there were some for Law and nothing but Law but the King 's little Finger should be heavier on them than the Loins of the Law The occasion he cannot well remember but there was some discontent taken by my Lord against him he being desired by a Messenger to levy Mony to mend a Bridge he told the Messenger He could not well do it of himself for there was a Statute as he took it 24 H. 8. that appoints four Commissioners to be at the doing of such Service and he being but One durst not undertake to do it Besides he said He must see an Order or Warrant from the Sessions else he could not do it and none was shewed Some other Exceptions he took to the unlawfulness of the business and the Messenger reported this to my Lord and that he conceived was the cause my Lord broke out so violently against him But being Interrogated on what occasion the words in question were spoken He answered Before my Lord went to Ireland he made a Speech to the whole County and desired them to go on in their Service and so brake out Some are all for Law but they shall find the Kings little Finger heavier on them than the Loins of the Law And this is all he can remember Sir William Ingram sworn and examined touching his knowledge of these words Answered That he was on the Bench at that time Sir Thomas Leyton was Sheriff and he heard my Lord speak these words Some of you are all for Law but you shall find that the King 's little Finger is heavier than the Loins of the Law but he doth not remember the occasion The main point I must insist on is That the very words if they had been spoken by me as they are laid concerning which I call God to witness I have spoken the truth and the occasion It is no Treason within the Statute And that being a point of Law I crave leave to reserve my self according to your Lordships Order that my Counsel in time fitting and proper may speak as concerning that in point of Law We shall close this Article the last thing mentioned by his Lordship was spoken to before as to the words we had five Witnesses express in the Point and therefore shall expect your Lordships Judgment in that And so the Court was adjourned The Fourth day Thursday March 25. 1641. THE Third Article The Charge THat the Realm of Ireland having béen time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and governed by the same Laws The said Earl being Lord-Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the Subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties liege-Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased And speaking of the Charters of former Kings of England made to that City He further then said That their Charters were nothing worth and did bind the King no further than he pleased I Humbly move your Lordship That since diverse things were spoken by the Witnesses Yesterday which
he heard my Lord of Strafford speak touching Ireland being a Conquered Nation and that the Charters of it were of no value further then it pleased the King to make them His Lordship answered And first desired leave to speak a word hoping he should do no wrong to any man That when he had obtained my Lords Licence under the Great Seal to come over hither he came with as great a Resolution never to complain of any sufferings he had or to Petition against him as any man did and left all his Papers and Writings behind him that he might have nothing to move him against my Lord of Strafford but to do him all the service he could To the question his Lordship said That all he can say is this that he was present that day the Mayor of Dublin was presented to my Lord Deputy that then was and the Recorder set forth the Great Charters they had from the several Kings of England and fell on that matter of placing Soldiers in Dublin without their consent That my Lords Answer was You must understand Mr. Recorder Ireland is a conquered Nation and the King may give them what Laws he pleases And then going forward with the Charters he said They be old Antiquated Charters and no further good than the King is pleased to make them To that sense he said he is sure We desire to observe to Your Lordships That this time was not the only time he spoke the very words in effect to the whole Kingdom afterwards in Parliament The Lord Gorminstone produced and Sworn Being asked whether he heard my Lord of Strafford speak words to the effect as aforesaid That Ireland was a conquered Nation c. His Lordship Answered That he remembers that in the 10th year of the Kings Reign 1634 on occasion of a Petition presented to my Lord Lieutenant in behalf of the Country as far as his remembrance leads him from the House of Commons desiring the benefit of some Graces His Majesty had been pleased to confer on them and he in the open Parliament sitting under the Cloth of State in presence of both Houses told them Ireland was a conquered Nation and they must expect Laws as from a Conquerour And the Instructions granted from His Majesty for setling the Government of that Kingdom were procured from a company of narrow-hearted Commissioners Being asked on my Lord of Strafford's motion when these words were spoken whether the first day of the Parliament or at any other time His Lordship answered That to his best remembrance it was not the first day of the Parliament My Lord of Strafford saying it was at the opening of the Parliament and the second day my Lord Gorminstone being further asked about the time His Lordship answered He knew not whether it were the second day or another day but the particular words he took notice of and it was in presence of both Houses of Parliament the Speaker standing at the Barr. The Lord Killmallock produced and Sworn and interrogated touching the same words His Lordship answered That he was a Member of the Commons House the 10th and 11th of the King and the House of Commons Petitioned the then Lord Deputy the Earl of Strafford for the gaining of the Act of Limitations for the confirming of their Estates amongst other Graces granted to the Agents for that Kingdom in the fourth year of the King These Graces he answered to in writing and on the second or third day after came into the House of Lords and there sent for the Commons and in his Speech amongst other things I well remember and to my grief and to the grief of that Kingdom he uttered these words That that Kingdom was a conquered Nation the words as he remembred and therefore they must expect Laws as from a Conquerour adding further that the Book of Instructions established in King Iames his Reign for the orderly Government of the Courts of Justice in that Kingdom were Instructions contrived and procured by a Company of narrow-hearted Commissioners who knew not what belonged to Government Sir Pierce Crosby being asked touching the same words Answered That he very well remembred the words as they had been spoken by the Noblemen that had been examined before him My Lord of Strafford then Lord Deputy of Ireland in the hearing of both Houses said That Ireland was a conquered Nation and that the Conquerour should give the Law He added further that the Book of Instructions for the Government of that Kingdom was drawn up or procured by the means of some narrow-hearted Commissioners meaning those Commissioners that were employed by Commission from the King out of the House of Commons being a select Committee whereof there was one that is now a Noble Member of this House that sits on the Earls Bench And that he hath heard many of both Houses repeat the same words as spoken by him And so the Commons concluded the Article expecting my Lord of Straffords Answer After a quarter of an hours respit my Lord of Strafford began his Defence as followeth First I desire to open two points set forth in my Answer which under favour I must stand to as that by which I must stand or fall First That the Kingdom of Ireland as I conceive is governed by Customs and Statutes and Execution of Martial Law and Proceedings at Council-Board in a different manner from the Laws of England Secondly That touching the Charters I said these Charters were void and nothing worth and did not bind the King further than he pleased both which I hope to make good The other business that comes in De novo is no part of my Charge and therefore I hope will not be laid to my Charge I observe in the beginning of this part of the Charge that concerns Ireland That the Governours for the Crown of England that have been it Ireland in all Ages almost have had these misfortunes That the Native Subjects of that Country have not been propitious towards them I instance in the case of Sir Io. Perott who on Testimonies here was Attainted of Treason in a Legal ordinary way of proceeding whereupon he lost his Estate though not his Life and afterwards it was confest there was little truth in all that Accusation Next my Lord of Faulkland against whom many of the Witnesses that I think will come against me informed as Sir Pierce Crosby for one my Lord Mountnorris for another and divers others who had so prejudicated me when I went into Ireland in their Opinion by the generality of their Charge that I was a little distrustful whether it was not so And thus much I have spoken once before His Majesty at the Council-Board on another occasion and now speak it to Your Lordships to the Honour of that Person that is now with God my Lord of Faulkland notwithstanding all the heavy cries that were against him and the wrongs and injuries laid to his Charge I
had the fortune to have all the Examinations whereupon they proceeded and looked over them all and now I protest and call God to witness not any way as making to me I found the said Lord to have proceeded as Honourably Justly and Nobly to his understanding as any man could do and yet was decryed as much as any man could be And so I beseech Your Lordships to consider me the Kings Servant and that in the Administration of the Commands and Justice intrusted with me I had occasion to give offence to many and that it hath been the ill fortune of those that have been Governours there when they have left the Government not to be so well reported as otherwise they might be Besides There is nothing in this Charge can possibly amount to Treason admit all to be as it is laid though perhaps to a Misdemeanour That if it be no Treason it will fall to be but Misdemeanour and then I conceive it stands with the Justice and Practice of this Court to allow Councel and Witnesses which I am debarred from by the involving me under the general Charge of Treason and having no further time to prepare then since Friday last That though before I durst not say Your Lordships were bound by Rules of any Judicature but stood to Your own Honour and Nobleness and were a Rule to Your selves and herein I take Your Lordships to witness yet since the Gentlemen at the Barr have prest the rules of other Courts I desire leave to offer That in all ordinary Courts of Judicature that ever I heard of where the Criminal party doth Answer and that Answer is not replyed to nor he admitted to make his proof the Answer of the party is taken and confest from which universal Rule of Justice no man can shew him a transgression And therefore since I cannot be admitted my proofs it being impossible to fetch Witnesses out of Ireland since Friday last my Answer I conceive ought to be admitted and the Charge taken as I confest it not as it is on proof Saving to my self that I said I would go on to give the best Answer I could on a suddain professing That if I had had time I am confident through the mercy and goodness of God and the Innocency of my own heart I should be able to clear my self of Treason the greatest Crime between man and man towards His Majesty and towards his People my heart being innocent of it and never having suggestion or thought but for the Greatness and Honour of His Majesty and the Prosperity and blessed Estate of His People all the days of my life and ever desiring the best things and never satisfied I had done enough but did always desire to do better but also of all other foul Crimes of Injustice or Oppression Errours I may have many perhaps my Tongue hath been too free my Heart perhaps hath lain too near my Tongue but God forbid every word should rise up in Judgment against me If every word that 's spoken amiss should be observ'd who is able to endure it for words spoken ten twelve eight or nine years ago to be brought in Judgment of me is a very heavy Case and I beseech your Lordships to turn the Case inward and to tell me if it be not a hard Case to be put upon such an Examination I shall observe further that words ought to be charged within a certain time by the Proviso in the Stat. in E. 6. time they must be brought in question within 30 days as I take it which Proviso stands good in Law but I go now into a Learning that God knows I have little skill of to this I desire my Councel may in due time be heard to open and Plead In the mean time I desire to say that if popular actions must be concluded within a year or two at the most sure words should be questioned within a less time I shall proceed to maintain the truth of my Answer That Ireland is not governed by the same Laws that England is and for that I shall read a few words in my Lord Cooks Learning which God knows I understand not it is in Calvins Case where the words are So as now the Laws of England became the proper Laws of Ireland And therefore because they have Parliaments holden there whereat they have made divers particular Laws as it appears in the 20 H. 6. 8. and 20. and in Ed. Dyer 360. And for that they retain to this day divers of the ancient Customs the Book of 20 H. 6. holds That Ireland is governed by Laws and Customs separate and divers from the Laws of England Therefore in all things belonging to my Charge that came out of Ireland I hope Your Lordships will take along with you the consideration of the Customs and Practices of that Kingdom and not judge me according to that which hath been the Custom and Practice of the Kingdom of England In the second place I come to the words of Ireland being a conquered Nation The words laid in the Charge being that I should say That Ireland was a conquered Nation and the King might do with them what he pleased And first I should do extreamly ill to the Honour of the English Nation and to the memory of divers of Your Lordships Noble Ancestors if I should not both say and think that Ireland is a conquered Nation when here 's mention made in the Laws and in the Acts of State of English Rebels and Irish Enemies certainly there is something in that for till the Kings of England gave them the advantage and benefit of the Laws of England it is well known they were held Irish Enemies and so termed and stiled in all the Records one shall meet withall in these times And that it was a conquered Nation I have very good Authority in the Statute made 11 Eliz. at the Attainder of that famous Rebel Shan Oneale In one part of which it is said That all the Clergy of the Realm assembled in Armagh at the time of the Conquest c. See the Statute Is it then so much for me to say what 's in the Act and is it not for the Honour of the English Nation to say it and it must be said to the Worlds end for 't is a truth And therefore there is no cause it should be taken so hainously or heard with so much displeasure and if I displease for telling the truth I cannot help it He reads another part of it viz. And therefore it is to be understood that King Hen. 2. the first Conqueror of this Realm c. And so it hath been acknowledged in all stories and times and many an English man hath spent his blood in it whose Posterity will be ashamed to view it other than as a conquered Kingdom Nay I believe many Noble Persons are yet living that have bled for it and will take it ill if it be termed less than a Conquest in them
I said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted
and acknowledged by my Lord of Corke to be Sir Paul Davis's hand Upon reading whereof my Lord of Strafford observed That it appears to be a Church-Cause That the Order was just and that the Clause for the Plaintiffs giving of Security to answer the mean Profits which my Lord of Corke said was struck out of the Order and for my Lord of Corke's liberty to bring his Action at Law only he was limited to prosecute it within a year Mr. Leake was produced by my Lord of Strafford and being asked what Authority he hath known the Council-Board in Ireland to exercise both before my Lord of Strafford's coming thither and since in Causes of the Church and Plantation and concerning Contempts to Proclamations and Acts of State and what Countryman he is He Answered That his name is Leake of Leake in the County of Nottingham where he said his Family hath continued 400 years That it is 14 years since he went into Ireland and before this Lords-Deputies time and before that time he did not observe any restraint from Injunctions on the Council-Board till the Instructions published and they did stay them That they proceeded by Injunction Process Bill Answer Examination and other Courses as in the Chancery of England And since the same course hath been held And my Lord of Strafford hath had in the Castle-Chamber divers Causes of Law argued before him concerning the Church wherein one Chadwick and divers others were convented thirty times when he the Examinant was there and heard them twenty he is sure but he thinks thirty But my Lord of Strafford did forbear to give Sentence till he heard these Causes argued That 14 years he hath been very well versed in that Kingdom that he hath known Injunctions have gone out from thence to stay Proceedings in Causes where they have Power of Jurisdiction that he hath known my Lord Chancellor Loftus that was to grant an Injunction without Bill and before any Complaint depended before him and that he himself had the Injunction granted Being asked about the time of his going into Ireland He said he went betwixt 1627. and 1628. Whence observe that the Witness hath made an Observation of the Instructions five years before he came into Ireland Being asked some other questions touching the occasion of his going into Ireland and how he came to take notice of the Proceedings there He Answered He hath been there at several times to pursue some Tenants of his that fled into Ireland and by reason of the Suits and Petitions he prosecuted in his own Right he had occasion to enquire after Proceedings there having been there for the most part of 14 years To the Statute of 28 H. 6. which the Commons have pressed as a Rule for the reâ—ing of Causes to their proper Courts and to annihilate all these Proceedings before the Deputy and Council and before the Deputy alone in his particular Jurisdiction in the nature of a Court of Requests in England I reserve my self to have my Council give satisfaction therein Only desire your Lordships to observe the last Clause saving the King's Prerogative These Proceedings are not against Magna Charta they being according to the Laws and Customs of the Land though it be not the Custom of England And if he hath been an Innovator it hath been to conform Ireland by all ways he could in Religion and Laws to the better and more excellent Pattern of England To the Objection made against Mr. Gwyn he is altogether unknown to me only was recommended to me and here is a Certificate that Gwyn is Master of Arts but that was not read nor insisted on To the matter of words Charged upon him He Answered That words without Fact can be no matter of Treason though of a higher nature then these That words are to be charged within a limited time 1 E. 6. Ca. 12. whereby it is provided That none shall be Impeached concerning Treason for words only if the party being within the Realm be not accused within thirty days If out of the Realm within six months c. Which Proviso his Lordship read and reserved to his Council farther to apply it For the words spoken to my Lord of Corke That neither Law nor Lawyers should dispute my Orders I conceive I might justifie the speaking of them if the Orders and Acts of State be justly warrantable and honourably made Yet it is improbable I should speak the words when the Order refers it self to Law If they were spoken they are at the highest indiscreet and foolish and it is a heavy thing to punish me for not being wiser than God Almighty hath made me For the last words That I would make the said Earl and all Ireland know That so long as I had Government there An Act of State made or to be made should be as binding as an Act of Parliament I observe my Lord of Corke's quick memory that could swear them roundly without missing a letter or sillable as they are laid in the Charge That these words are only in the Charge and so only to be answered to And for Answer I say That in case of an Act done they may be brought collaterally as an inducement to prove the intention But the Act must be proved before they can touch me as of Treason My Lord of Corke is a single Witness and by a Proviso 1 E. 6 Ca. 12. no person after the first of February then following is to be Arraigned c. of Treason c. for any words to be spoken after the said first of February unless the Offendor be accused by two sufficient Witnesses or should without violence confess them To the words spoken of by the other Witnesses being the same in effect I am not to answer being extrajudicially proved and spoken in other places and times than I am Charged withall Yet I think they might be fairly interpreted For if an Act of State be not made against an Act of Parliament or a Fundamental Law of the Land but consistent with it and made by way of provision for remedying some present Mischief in the Common-wealth till the Parliament may provide Redress for it They are as binding during the time they are in force as an Act of Parliament though I confess the Comparison is not good because they be made according to Law and Justice according to the Fundamental Laws of the Land wherein the Prerogative of the Crown hath a part as well as the Property of the Subject For if the Propriety of the Subject as it is and God forbid but it should continue be the second undoubtedly the Prerogative of the Crown is the first Table of that Fundamental Law and hath something more imprinted upon it For if it hath a divinity imprinted upon it it is God's Annointed It is he that gives the Powers And Kings are as Gods on Earth higher Prerogatives than can be said or found to be spoken of the Propriety or Liberty of
according to the Power of former Deputies yet not to meddle with Titles of Free-hold except in Cases of Equity but to refer Title of Free-hold to its proper Judicature and not to hear Causes where there is Priority in other Courts unless in case of Appeal for lack of Justice after due Obedience Power likewise the said Rules observed to call before him any person complained of and therein to make such Order and Decree as shall stand with Justice and to cause the same to be put in Execution Dated October 5. 9 Car. He then offered the first Decree in the Cause to be read that had formerly been read having relation to this bearing date May 23. 1636. And the same was read being Signed Wentworth Gerard Lowther c. Whence his Lordship observed That the Order was made for Relief of a poor man where my Lord of Mountnorris had by Violence and extream hard pressure possest himself of Lands worth 200 l. a year never paying out of his Purse above 30 l. the rest arising on a Letter procured for Sawing Mills and by interest at above 20 in the hundred wherein his Lordship had the Assistance of two Reverend and Learned Judges the Chancellor that now is and Sir Gerard Lowther That the Decree is in every part just and equitable and if he had not given relief he had been justly censured That the party is now in Town and means to complain and Sue for 600 l. more than he is yet allowed The Committee declared they insist not on the merit of the Cause as not being material And so my Lord of Strafford observed That he stands justified by the Kings Letter which makes things differ from what they did formerly and shew that the Power was there before and is now restored His Lordship further added that his Practice in exercising Jurisdiction was conformable to that Letter viz. That he medled not with Title of Land triable at Law nor with Causes which had priority of Suit in other Courts That he referred the business of the Provincial Courts to these Courts and many businesses to the Judges of Assize and none determined by him but upon full Hearing and Assistance of the Judges And whereas it is said my Lord Mountnorris was kept in Prison by reason of not Suing out the Pardon on his Sentence pronounced by the Council of War I will make it appear it was for Contempts in refusing to answer a Bill Exhibited against him on the Kings behalf in the Castle-Chamber Mr. Slingsby being asked touching that point Answered That he did constantly wait on my Lord to the Castle-Chamber and there heard the Information of the Kings Attorney against my Lord Mountnorris read and my Lord Mountnorris was called to Answer it several times and was committed to Prison for not Answering it but he cannot precisely speak to the time but he thinks he was left in Prison upon that till my Lords going into England Sir Adam Loftus asked touching the same point did first make his humble Suit that he might not be Examined in any Cause concerning my Lord Mountnorris for some reasons inducing him thereunto Which my Lord of Strafford said was because Sir Adam succeeded my Lord Mountnorris in the place of Vice-Treasurer and being required if that were all to speak notwithstanding He Answered That he conceives he was Committed for not answering the Information but the precise day of his Commitment and the time how long he cannot well remember Being asked whether he was not brought before the Deputy a day or two before he came away and refused to Answer and was thereupon Committed He Answered That it was true Being asked on the Managers motion whether he was not Committed on the old Sentence and remained in Prison on that He Answered That he doth not know If I had time to produce the Orders of the Castle-Chamber I could make it appear when my Lord Mountnorris was Committed and how long he continued so but he was Committed for that Contempt and remained Committed six Months I think before he would Answer which I would not speak if it were not true The Lord Dillon called and asked to the same purpose He Answered That the Judges of the Castle-Chamber are by Commission and that he is not of that Commission That the Deputy or Chief Governour calls by way of Assistance such as he pleases That he heard at Council-Board my Lord Mountnorris was Committed for a Contempt in not answering in the Star-Chamber but when it began or how long he knows not In Execution of this Jurisdiction I had no private advantage to my self nothing but trouble was gained by it no new thing was done but such as was formerly by all the Chief Governours there and such as I had special Warrant for from His Majesty I have observed the Rules that guide others in Chancery and other Courts of Equity and the Judges in their Circuits Therefore it can be no Subversion of the Laws for the same thing done by others hath been Legally done it differs only in respect of place being before my self and so cannot be Treason And though it might be Illegal here yet it is according to the Laws and Customs of Ireland by which I am to be judged for all things there done And the same is done by the Presidents of the North and of Wales who did familiarly receive Petitions from Poor people that cannot seek remedy by a Legal course and yet it is not Treason in England And it cannot sink into my understanding how the enlargement of a Jurisdiction should be strained to High Treason specially being warranted by ancient Practice and modern Authority being only according to the nature of a Court of Requests and not entrenching on the Jurisdiction of Law Courts And so I hope this will never rise up in Judgment against me as Treason either in it self or by way of Application The Manager began his Reply in substance as followeth Whereas my Lord of Strafford says This is not Treason this is the burden of his Song But this is one of the particulars that prove his design to subvert the fundamental Laws of both Kingdoms He will not acknowledge a cumulative Treason he must have a Treason over Shooes and Boots yet if he will look on it all together he shall see the horridness of it and it will prove as great a Treason as ever was presented to a House of Parliament The Manager opened the Article and said they dispute not whether if it had been done in Chancery or other Courts it had been well done but it is done by him without Rule of Law and hereupon he hath drawn to himself an Arbitrary Power Whereas my Lord of Strafford to take from himself the Act of Parliament 28 H. 6. enjoyning That Causes should be referred to the proper Courts urged the last words Saving the Kings Prerogative We do observe That when he is Charged with an Exorbitant proceeding
my Lord Deputies own Guard which could not be but originally from him Mr. Robert Little my Lord of Straffords Secretary being sworn was interrogated several questions viz. Whether he had made out any Warrant by the Lord of Strafford's Direction and under his Hand and Seal to Pigott or any else for raising Soldiers after this manner He Answered That he doth not know that Pigott hath any such Warrant nor doth he remember any such Warrant passed the Office if it did it was by Precedents of former times but in good faith he doth not remember it Whether he made any such Warrant to Pigott to his knowledge Answered That he never made any or heard of any nor knew of any Was one made to Savill Answer He never made that to Savill and he cannot tell whether there was one to Savill or not Was there an Entrie of any Warrant in his Book to that purpose Answer That he did not enter them at any time nor did he ever see any such Entrie or Warrant Mr. Palmer inferred from hence That he said the same for Savill that he said for Pigott and yet how publique a thing this of Savill's was their Lordships have heard and it could not but come to his knowledge at least his ear And Mr. Maynard observed he swears that he never made any such Warrant but if any were made it was according to former Precedents But my Lord of Strafford Answered That if any says he cannot tell 't is as much as he can say for another mans act Lord Ranalaugh being Interrogated what he knew of this Warrant of laying of Soldiers upon whom and how long His Lordship Answered That he had heard something of it heretofore but more particularly in November last when being at the Council-Board a Petition was preferred to the then Lord Deputy and Council by one Davis who dwelt in the County of Clare and by his Petition he set forth That notwithstanding on a Reference from my Lord Deputy to the Judges of Assizes he had obtained a Report from him yet by combination betwixt his Adversary and the Sergeant he had Soldiers laid on him which made him leave his Dwelling That he the said Lord Ranalaugh asked the party how the Sergeants came to lay Soldiers Yes saith he My Lord Deputy Wansford hath made a Warrant dormant and taken a course for it from my Lord Lieutenant and from himself as he the Lord Ranalaugh takes it tho positively he could say that the Warrant Dormant was the general Cause Being asked whether it had been used before or if it be an Innovation He Answered That he knew a custome hath been in Ireland for laying Soldiers on the relievers of Rebels and for laying of Contribution-money in case of Delinquency or not payment Or where a return was made by the Sheriff that the Kings Rents did not come in these Rents being applyed to the payment of the Army The course before my Lord of Strafford's coming was That Soldiers were laid to constrain such but in a civil cause between party and party he never heard of it before in his life Being asked on my Lord of Strafford's motion whether he the Lord Ranalaugh was not a Captain of the Army before the Lord of Strafford came and whether he had not Commission by Soldiers to levy part of the money due to him from the Deputy and Vice-Treasurer He Answered That before my Lord-Deputy came into Ireland the course was as he formerly touched that where there was arrear of Rents to the King and these Rents did not come in to the Exchequer then was assigned for the payment of the King's Soldiers and the Acquittances delivered to the Captains on part of their entertainment and this Acquittance out of the Exchequer was given by a special Warrant from the Deputy and according to that course his the Deputies method was with other Captains and thus he levied the Rent by his own Soldiers by virtue of that Warrant Being asked when the Money was Assessed thus on Countreys was it not by consent of the Countrey He Answered That if he hath not forgotten when the Gentlemen of Ireland were here 1628. they were suitors to the King for several Graces and they obtained several of them from His Majesty among the rest if he hath not forgotten that in case of non-payment of Rents or Contribution Soldiers might go and lye upon the Defaulters Mr. Palmer observed that when he speaks of Contribution or Rent he speaks not of this course to compell to obedience on Paper-Petitions And so he said they would conclude with their Witnesses reciting that their Lordships have heard the course taken to secure that Power my Lord of Strafford assumed to himself in hearing of Causes That this Usurpation on ordinary Courts of Justice to whom it belongs could not be secured without Arms in a Warlike manner to compel obedience Their Lordships have heard how it was executed that if the proceeding had been legal the proofs of Law had been according to the calme and quiet Rules of Justice but being an incroached Power it must be executed by force and Arms and War indeed for so it is in substance on the Subjects of Ireland That this was in time of Peace the troubles of Ireland being long since appeased and the People reduced to the condition of Subjects governed by ordinary Laws and Magistrates and now to put an extraordinary Power in execution to compell the Subjects by Act of Hostility they conceive is within the Statute of 25 Ed. 3. A levying of War against our Sovereign Lord the King within His Realm which is nominally Treason in that Statute and shortly for this reason The King being invested with His Sovereign Power whereby they are protected but this Power being instead of Protection used by his Ministers to the subversion and destruction of His Subjects doth on the matter make an Invocation on the King himself this being a bereaving the subjects of the Law by which they should live dispossessing them by force of Arms in warlike manner must be a war against himself That Law is of force in Ireland by 10 H. 7. whereby all the Laws made before that time were made of force there And by a particular Statute made the 18. H. 6. this very offence of Sessing Soldiers by Lords or any others or any the Kings people without their consent is adjudged Treason and the Offender is to be judged a Traitor The Statute was read Statutes and Ordinances made in a Parliament holden at Dublin 18 H. 6. ch 3. AN Act that no Lord or others shall charge the Kings Subjects with Horse Horsemen or Footmen without their good Will and by so doing the Offender is a Traitor IT is agreed and established that no Lord or any other of what condition soever he be shall bring or lead from henceforth Hoblers Kern or Hooded men neither English Rebels nor Irish Enemies nor any other people
For I. He hath heard it said That the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governor For these words No Lord or any other of what condition soever c. Must imply a condition of a Lord or one under a Lord not a condition above a Lord as the Chief Governor is II. He shall not lead or bring He hath neither brought nor lead them into Action for the Sergeant at Armes hath done it though under his Warrant III. It speaks of bringing English Rebels or Irish Enemies or Hooded Men Hoblers Kernes c. But that sending of the Kings Soldiers to apprehend and attach such Refractory Persons should be within the Statute is a Stretching of the words of it very far IV. Notwithstanding this Law the Chief Governor hath alwayes used to assess Soldiers and Practice is the best Interpreter of Lawes and yet his acts have not by this Statute been concluded Treason since they have Compounded for it and they pay a great Rent The Composition Rents paid for their discharge from the assessing of the Army being one of the greatest Revenues before his coming there And if their Lordships will have it proved there be few of the Irish but know it And in Conaught the King may take or leave as he pleases Though he shall not insist on it as desiring never to depart from their Lordships Judgment nor thinking himself more safe in any other therefore freely and voluntarily he puts himself under their Lordships Censure for his Life as for his Death But if he should insist on it admitting all this That it was a Treason by the Statute-Law of Ireland yet he is not Tryable for it here But he makes no use of it to that purpose but had he a Thousand lives he would humbly lay them every one at their Lordships feet He added That it is a very heavy Case that such old Laws as these should be started in this manner when the Practice hath been quite contrary and Kindled to destroy him and his Posterity at a Blow But he trusts God Almighty hath provided better for him by their Lordships Favour and Justice For though the Gentlemen at the Bar are much more Learned than himself yet it may be they are not so well Read in the Irish-Statutes as they be in the English Besides he is most confident he shall make it appear that Statute is Repealed And if it falls in his Judgment their Lordships he hopes will find he had Reason to think what he shall offer might be available and that their Lordships will not be offended if he mistakes the Law and this as in other things he desires the Advantage of by Counsel concerning these Points of Law before he be finally concluded First By the Statute of 8 Ed. 4. ca. 1. and had these Gentlemen seen these Statutes he believes they would never put it in Charge against him Whereby it is Enacted Confirmed and Ratified by Authority of the said Parliament that the said Statute be Adjudged and Approved in force and strength and the said Statute may be of force in this Land from the 6 th day of March next and that from henceforth the said Act and all Statutes and Acts made by Authority of Parliament within the Kingdom of England be Adjudged and Ratified from the said 6 th day of March. This comes in time after the Statute of Treason of H. 6. and Ratifying all the former Statutes of England Ratifies the 25 th of E. 3. in England which is the Statute of Treason and 1 H. 4. which sayes nothing shall be Treason but what is said to be Treason within the said Statute of 25 E. 3. So that nothing can be Treason in Ireland but what is Treason by 25 E. 3. or 1 H. 4. or something subsequent for these being confirmed later do take away the Statute of 18 H. 6. Secondly By the Statute of 10 H. 7. c. 22. and this is a Repeal in Judgements far better then his own The former was for another purpose By this all the Statutes made in England before that time are brought to be Laws within Ireland and all Laws contrary to these Laws are hereby repealed But the Law urged by those Gentlemen is against the Laws of 25 Ed. 3. and 1 H. 4. and consequently is repealed very clearly and the words are these in effect It tells of the Benefit and Advantage that might come to them after the English Laws should be brought in And if any Statute have been made contrary to them the same to be annulled void and of none effect And that it hath been so taken and conceived that that Law is Repealed he hath as he conceives a Judgment in Parliament clearly on his side to clear him as to this Treason That the Deputy hath power to Assess Soldiers in Cases where he shall think convenient It is a Power which God forbid any Many should exercise but with all fair Intention and Mildness that possibly can be and he speaks it not to draw any inconvenience on that Kingdom he being willing to spend his Life for them rather than do them any hurt nor will he carry from this Bar the Remembrance of any thing of their Unkindness in Prosecution he means not them that are Members of this House praeter gratuitas Cicatrices and will never look the worse on them he Vowes to God The Statute is 11 Eliz. ca. 7. Being an Act for taking away Captainship and all Exactions belonging thereunto from the Lords and Great Men. WHereas Most Gracious Soveraign Lady The Lords and Chieftaines of this Realm in the time of desolation of Iustice have arrogated to themselves Absolute and Regal Authority c. For Remedy whereof your Faithful Subjects most humbly beseech it may be Enacted c. That no Earl Viscount Baron Lord c. dwelling within this Realm shall assume c. the Name of Captain of any Countrey except such as hath or shall have the same by Letters-Patents from Your Majesty c. or by the name of Captain or therwise exact for the finding of him or them their Horse Foot of or upon any of your Majesties Subjects Tax Sess Subsidie c. nor shall call togethe people of the same Countrey to Treat Conclude and Agree for making War or Peace c. Sess nor lead the people c. without the Great Seal or Warrant from the Lord Deputy c. upon pain to every Earl Viscount Baron or Lord c. for every time 100 l. of lawful Money of Ireland Whence he inferred that here is a Commission that the Deputy and chief Governors have power to Assess and yet are no Traitors a penalty which they would have spared had they thought that Law to have been in force So that as he hath been free in his heart from any Treasonable designe towards His Majesty or His People and as he hath been innocent to God Almighty within doors so
only excepted as be imployed here c. do hereafter make their personal Residence and not depart for England or other place without privity of Our Deputy any former Letters to the contrary notwithstanding And because We resolve to have this course constantly observed if you shall have notice of any Contemner of this Command Our Will and Pleasure is That you proceed against them in an exemplary way to deterr others And for so doing this shall be your Warrant My Lord of Strafford observed That he might well have hoped that this being required by the Laws of the Land that no man should depart without Licence but it should be penal to him having their own Articles which desire the same thing That by this Proclamation the Power of my Lord of Faulkland was established upon him and the Kings Command for the issuing this Proclamation being justified by the Kings own Letter so that this should not have been laid to him for so great and high a crime as it hath been represented to your Lordships and he trusted that by that time their Lordships thought it not so great a crime as it might at first seem to be That he was not very hasty in issuing the Proclamation he having no interest in it nor nothing to drive him forwards for tho His Majesties Command was bearing date 20 Iune 1634. yet the Proclamation issued not till Sept. 17. 1635. And because all he had said had been turned on him as a crime his Lordship gave this further Answer That there could be no Proclamation made by the Deputy alone he being absolutely restrained by his Commission not to make a Proclamation without the Council therefore he could not be singular in the fault but had the consent of all the Kings Council and for instance in matter of Law the Chief Justices are sitting at the Board to whom all matters of Law are referred and they are answerable for it and are so learned that they could not do things so frequently without good authority and this he offered in excuse of this and all other Proclamations not doubting but it was according to the Laws and Customs of the Land And for further satisfaction that part of his Commission that concerned the Proclamation was read and in this particular he desired leave to offer something more with all Humility that tho none of these were for his justification yet for Reasons of State this Restraint was most necessary for whosoever goes over Deputy while these two great men to term them no worse O Neal and Tir-Connel have Regiments of the most antient Irish Septs serving the King of Spain under their Command it is necessary for him to have an eye upon them for if every one might withdraw himself at pleasure without giving an account it would open all the power and means that possibly can be to distemper that State and certainly if that liberty might be granted he feared it would produce sad events in that Kingdom Moreover if all the Primogeniture and Nobility of that Religion should be suffered to go over to Doway St. Omer and the Jesuites Colledges it was to be feared they should not be so well brought up for the service of the King and Common-wealth as may be desired and therefore it was necessary according to the constitutions of that Kingdom that they shall give an account to the Chief Governor And it was no other than what is practised here in England no man being at liberty to goe hence into France without Licence And certainly said he it is an Account we owe to the King and stands with the Law of nature Pater Familiae may take accompt of his own Houshold and the King being the great Father of the Common-wealth we owe this Accompt to him Therefore he conceived it can be no great offence in him to do this on these grounds and as he recommended the prosperity of that Kingdom and His Majesties affairs there and here to God by his Prayers and good desires so he wishes it might be taken into good consideration that this may be continued as a principal and necessary expedient to give His Majesty that account without which the Governor shall not be able to take just measures of things there His Lordship then observed that something had been observed that was no part of his Charge and therefore presumed their Lordships would not expect an answer to it or conclude him any way in their Judgement guilty of it since the means of giving that satisfaction which otherwise he should have done are now taken away But when they came to be complained of in their proper place he is ready to give such an account as becomes a Just and Innocent man But that which seems to be the foulest of them was that concerning my Lord of Esmond of which he remembred very little but something darkly and if it appeared not as he should say he was extreamly mistaken for what he did not know or remember he would not speak of it confidently and in short the point is this Two men swear that he the Lord of Strafford denied liberty to my Lord of Esmond to come for England Aug. 1638. and that he was kept in Ireland and could not have Licence to come away till April 1639. His Lordship confessed it to be very true and that he remembred my Lord of Esmond desiring to go over was stopped by him a while he being Sergeant Mayor-General of the Army the Army having occasion of motion and that he was sure it was much about the time if his Memory failed him not extreamly but when it came to this time and he had means to produce witnesses he hoped to make this appear besides he was mistaken if he did not very shortly after give him a Licence and that he found not occasion to make use of it and if that was was so all they said was taken away for he afterwards finding it to draw towards winter laid aside the Licence till the Spring at Spring he asked it and had it but in these things not judicially brought against him and to which he could not make certain Answers he hoped he might stand clear and unprejudiced till he may answer positively for himself and then as their Lordships should find him they might judge of him and he should ever most willingly submit to their Judgements and abide it whatever it was And whereas the Witnesse said my Lord of Esmond was hindred because he had no Commission to examine Witnesses my Lord of Strafford said he was able to prove that a Bond was granted him to examine Witnesses And the Witness being accidentally there his Lordship took notice of Gods providence from that and said God Almighty was willing to help and assist him wonderfully in his Trial and that his Goodness to him in this Cause had been a great deal more than he would trouble their Lordships withal at that time but he said he was confident God had
them Compel us to submit to an Arbitrary Power And so Mr. Whitlock concluded that he should trouble their Lordships no further at this time having answered most of the things my Lord of Strafford hath insisted on and if he hath forgotten them he hopes he shall be holpen by some of his Colleagues But he supposes it appeares clearly that my Lord of Straffords intentions were to subvert the Laws to set a Division betwixt the King and His People and though His Lordship is pleased to make something slight of it as not to be matter of Treason yet this compared with his other Actions declaring his Intention and Designs it proves it not onely to be Crimen laesae Majestatis but also Reipublicae Mr. Maynard seconded Mr. Whitlock and said That something he should presume to add My Lord of Strafford excuses himself because he was not alone in the Council against Scotland Thus far he was alone the rest concluded upon a Hipothetical proposition if the Demands were unreasonable then a War was fit But in two Propositions he was a lone First That before the Reasons were heard the unreasonable Demands of Subjects in Parliament were a sufficient ground for the King to put Himself into a Posture of War And Secondly That these Demands were not matter of Religion but struck at the Root of Government And when he Answers that Point he takes it for granted That if he sayes they struck at the Root of Government the Resolution was just In his Defence he insists upon two things matter of Excuse and matter of weakning of the Testimonies produced For the matter of Excuse of what he said to the King in private it was testified onely by one who was then present and at other times in Council viz. That there would be no happiness till there was a good Agreement betwixt King and People Whence Mr. Maynard observed That they think not that all he spake is nought but they produce Proofes that he did speak nought they think him not so unwise upon all occasions to speak words of so high a Consequence He hath taken another course to weaken their Testimonies and nothing is so strong but if that course be allowed that he uses it will take off the strength of it Mr. Maynard said He hath heard of breaking a thing to pieces by taking to pieces and if my Lord of Strafford shall take every parcel of the proof and say this is a single Testimony This is matter of discourse This I speak at my Table This in my Chamber taking them asunder he may answer them asunder But if he hath in his Chamber and at Counsel and in Bed and on all occasions presumed to run so high on the Liberty of the Subject and then think that because he speaks sometimes good words all must be paistered up he must give us leave to differ from him in that The Witnesses say he spake the words Candidè Castè some speak to the occasion most say they were spoken at several times both before and after the Parliament and if they must be applyed only to what is lawful what need these Adverbs to make it good Truly he may say it was done Cautè it was not done Castè in this Cause For that my Lord hath said divers Witnesses were by and heard not the words deposed by Mr. Treasurer What Argument is this That when divers are by that which divers do not remember is not true My Lord confesses himself sometimes that Witnesses do not remember all things therefore it may be true that something may be spoken which Witnesses remember not else he confesses against himself which is not true There be other things wherein the Witnesses do concurr and that my Lord speaks not to though he speaks to that which my Lord of Northumberland and the rest do not remember and therefore it is no argument to say some were by and heard not what was spoken The sum of the Case will come to this There was a Parliament sitting he a little before casts out words about raising Money where he must have Adverbs to make it good he must raise Money in an extraordinary way the Parliament is broken and a necessity is made and Soldiers must be brought in to make good these ways now take these asunder and my Lord of Strafford will make it a good Action But as Mr. Maynard shewed they conceive all my Lord of Strafford hath done ended in that design he began it before he came over and though they believe His Majesty designed it for Scotland they speak not what His Majesty meant but what my Lord of Strafford counselled that is the thing he is charged with And whereas his friends and those nearest him spoke of this Fire that hath burst out he sayes this concerns him not Indeed he is very unhappy if his Brother or bosome friend must be the man that must accuse him But Noscitur ex Comite qui non cognoscitur ex se. It comes out of his own mouth and his friends expressions When Sir George Ratcliffe is asked how Money will be had He Answered We will make peace with the Scots and that is the worst of evils Surely he that thought a Peace betwixt the two Nations the worst of evils deserves not the applause that hath been given him in this place And if that comes to pass this must have relation to that of which he spake which is the levying of Money by force the King hath 30000 Men and 400000 l in his Purse and a Sword by his side and if he wants Money who would pity him Lastly My Lord of Strafford came to speak of their Lordships priviledge that if words spoken in Council should be pressed it would bring a disability on their Noble Lordships to enter into those imployments but that can be no excuse to say that he must take notice of things honourable and for every thing that a Man speaks at Council he must not be brought into Question It is not every thing nor every thing that is illegal that is brought into Question But if he advise to bring an Army on us to Master all we have and he must not be questioned Where then are their Lordships Priviledges and Who knows how soon there may be no difference betwixt a Peer and another In all this Defence my Lord of Strafford hath not offered any Defence for the Scandal which he put upon the last Parliament which to the last breath to the last minute of their Continuance did advise and consult of the Supply of His Majesty yet he calls this a denying of the King a forsaking of the King an undutiful stubborness and what else his high Speech and Eloquence pleases to misconstrue their Actions with To that Stat. 1 E. 6. Mr. Maynard said He shall not need to give any further Answer for if it be looked to it will appear nothing to concern this Case there being great difference between words spoken
dregs of valour sullenness and stubborness which may make them prone to mutinies and discontents But those noble and gallant affections which put men to brave designs and attempts for the preservation or enlargement of a Kingdom they are hardly capable of Shall it be Treason to embase the Kings Coin though but a piece of Twelve-pence or Six-pence and must it not needs be the effect of a greater Treason to embase the Spirits of his Subjects and to set a stamp and character of servitude upon them whereby they shall be disabled to do any thing for the service of the King and Commonwealth The fifth Consideration is this that the exercise of this Arbitrary Government in times of suddain danger by the invasion of an enemy will disable His Majesty to preserve himselfe and His Subjects from that danger This is the only pretence by which the Earl of Strafford and such other mischievous Counsellors would induce His Majesty to make use of it and if it be unfit for such an occasion I know nothing that can be alledged in maintainance of it When War threatens a Kingdom by the coming of a Forreign Enemy it is no time then to discontent the people to make them weary of the present Government and more inclinable to a change The supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some Money be gotten in such a way the distractions divisions distempers which this course is apt to produce will be more prejudicial to the publique safety than the Supply can be advantagious to it and of this we have had sufficient experience the last Summer The Sixth That this crime of subverting the Laws and introducing an Arbitrary and Tyrannical Government is contrary to the Pact and Covenant betwixt the King and his People that which was spoken of before was the legal union of Allegiance and Protection this is a personal union by mutual agreement and stipulation confirmed by Oath on both sides The King and his People are obliged to one another in the nearest relations he is a Father and a Child is called in Law pars patris He is the Husband of the Common-wealth they have the same interests they ara inseparable in their condition be it good or evil he is the Head they are the Body there is such an incorporation as cannot be dissolved without the destruction of both When Justice Thorp in Edward the III. time was by the Parliament condemned to death for Bribery the reason of that Judgement is given because he had broke the Kings Oath not that he had broke his own Oath but he had broken the Kings Oath that solemn and great Obligation which is the security of the whole Kingdom If for a Judge to take a small sum in a private Cause was adjudged capital how much greater was this offence whereby the Earl of Strafford hath broken the Kings Oath in the whole course of his Government in Ireland to the prejudice of so many of His Majesties Subjects in their Lives Liberties and Estates and to the danger of all the rest The Doctrine of the Papists Fides non est servanda cum Haereticis is an abominable Doctrine yet that other Tenet more peculiar to the Jesuits is more pernicious whereby Subjects are discharged from their Oath of Allegiance to their Prince whensoever the Pope pleaseth This may be added to make the third no less mischievous and destructive to humane Society than either of the rest That the King is not bound by that Oath which he hath taken to observe the Laws of the Kingdom but may when he sees cause lay Taxes and Burthens upon them without their consent contrary to the Laws and Liberties of the Kingdom This hath been Preached and published by divers And this is that which hath been practised in Ireland by the Earl of Strafford in his Government there and endeavoured to be brought into England by his Counsel here The Seventh is this It is an offence that is contrary to the end of Government The end of Government was to prevent oppressions to limit and restrain the excessive power and violence of great men to open the passages of Justice with indifferency towards all This Arbitrary Power is apt to induce and encourage all kind of insolencies Another end of the Government is to preserve men in their Estates to secure them in their Lives and Liberties but if this design had taken effect and could have been setled in England as it was practised in Ireland no man would have had more certainty in his own then Power would have allowed him but these two have been spoken of before there are two behind more important which have not yet been touched It is the end of Government that Virtue should be cherish'd Vice supprest but where this Arbitrary and unlimited Power is set up a way is open not only for the security but for the advancement and encouragement of evil such men as are apt for the execution and maintenance of this Power are only capable of preferment and others who will not be instruments of any unjust commmands who make a conscience to do nothing against the Laws of the Kingdom and Liberties of the Subject are not only not passable for employment but subject to much jealousie and danger It is the end of Government that all Accidents and Events all Counsels and Designs should be improved to the publique good But this Arbitrary Power is apt to dispose all to the maintainance of it self The wisdome of the Council Table The authority of the Courts of Justice The industry of all the Officers of the Crown have been most carefully exercised in this the Learning of our Divines the Jurisdiction of our Bishops have been moulded and disposed to the same effect which though it were begun before the Earl of Straffords imployment yet it hath been exeedingly furthered and advanced by him Under this colour and pretence of maintaining the King's Power and Prerogative many dangerous practises against the peace and safety of the Kingdom have been undertaken and promoted The increase of Popery and the favours and encouragement of Papists have been and still are a great grievance and danger to the Kingdom The innovation in matters of Religion the Usurpations of the Clergy the manifold burthens and taxations upon the people have been a great cause of our present distempers and disorders and yet those who have been chief furtherers and actors of such mischiefs have had their Credit and Authority from this that they were forward to maintain this power The Earl of Strafford had the first rise of his Greatness from this and in his Apology and Defence as your Lordships have heard this hath had a main part The Royal Power and Majesty of Kings is most Glorious in the Prosperity and happiness of the People the perfection of all things consists in the end
to the King and Commons and that they would take nothing but what they paid for punished all theft with death here 's no intendment against the Person of the King The intent was to establish the Laws of Villanage and Servitude to burn all the Records to kill the Judges This in the Parliament of the 5th year of R. 2. No. 31 32. the First Part is declared to be Treason against the King and against the Law In the 11th year of R. 2. in Parliament the raising of Forces against the Commissioners appointed by Act of Parliament the year before adjudged Treason by all the Judges The Statute I mo Mary Cap. 12. Enacts That if 12 or more shall endeavour by force to alter any of the Laws or Statutes of the Kingdom he shall from such a time there limited be adjudged only as a Felon This Act was to continue but to the next Parliament it is expired it shews by the words only that the offence was higher before the making it My Lords In Queen Elizabeths time Grant and divers Apprentices of London to the number of 200. rose and assembled at Tower-hill carried a Cloak upon a Pole instead of a Banner their intent was to deliver divers Apprentices out of Prison that had been committed upon a Sentence in the Star-Chamber for Riots to kill the Lord Mayor of London and for setting prizes on Victuals In Trinity Term 37 Eliz. divers of the Judges were consulted withal and resolved That this was a Levying of War against the Queen being intended against the Government and Officers of the Queen and therefore Grant and others were executed as Traitors Afterwards in that Queens time divers of the County of Oxford consulted to go together from House to House in that County and thence to London and other parts to excite them to take up Arms for the throwing in of all inclosures throughout England Nothing was done nor no assembly Yet the Statute of 13 Eliz. Cap. 1. during the Queens Life made it Treason to intend or advise to Levy War against the Queen In Easter Term 39 of Eliz. all the Judges of England met about the Case it was resolved by them that this was a War intended against the Queen they agreed That if it had been of one Township or more upon private interest and claim of right of Common it had not been Treason but this was to throw in all Inclosures through the Kingdom whereunto these parties should pretend no claim That it was against the Law in regard that the Statute of Merton gave power of Inclosures in many Cases upon this resolution Bradsaw and Burton were executed at Aynestow-hill in Oxfordshire the place where they intended the first Rendezvous So that my Lords if the end of it be to overthrow any of the Statutes any part of the Law and setled Government or any of the great Officers intrusted with the execution of them This is a War against the King My Lords It will be further considerable what shall be accounted a Levying of War in respect of the actions and things done there 's a design to alter some part of the Laws and present Government for the effecting thereof People be provided of Arms gathered together into Troops but afterwards march not with Banners displayed nor do bellum percutere whether the Army themselves and gathering together upon this design be a War or such prosecution of the Design with force as makes it Treason within the Statute First If this be not a War in respect that it necessarily occasions hostile preparations on the other side Secondly From the words of the Statute shall Levy War and be thereof probably Attainted of open Deed by People of their condition altho the bare conspiring be not an open Deed yet whether the Arming and Drawing of men together be not an open Declaration of War In Sir Thomas Talbots Case before cited in the Seventeenth year of R. II. the Acts of Force are expressed in the Parliament Roll That he caused divers of the People of the County of Chester to be armed in a Warlike manner in Assemblies here is no Marching no Banners displayed In the Eighth year of Hen. VIII William Bell and Thomas Lacy in Com. Kanc. conspired with Thomas Cheyney called the Hermite of the Queen of Faries to overthrow the Law and Customs of the Realm and for the effecting of it they with Two hundred more met together and concluded upon a course of raising greater Forces in the County of Kent and the adjacent Shires This adjudged Treason these were open Acts. My Lords For the application of both these to the case in question First In respect of the end of it here was a War against the King it was to subvert the Laws this being the design for the effecting of it he assumed to his own Person an Arbitrary Power over the Lives Liberties and Estates of His Majesties Subjects and determined Causes upon Paper-Petitions at his own Will and Pleasure Obedience must be forced by the Army this is declared by the Warrant My Lords If it be said that the Warrant expresseth not any intent of subverting the Laws It expresseth fully one of the principal means whereby this was to be done that is obedience to his arbitrary Orders upon Paper-Petitions This was done in reference to the main design In the cases of the Town of Cambridge and Sir William Cogan they have formerly been cited to your Lordships upon other occasions the things in themselves were not Treason they were not a Levying of War In that of Cambridge the Town met together and in a forcible manner broke up the University-Treasury and took out of it the Records and Evidences of the Liberties of the University over the Town In the other they of Bridgewater marched to the Hospital and compelled the Master of the Hospital to deliver unto them certain Evidences that concerned the Town and forced him to enter into a Bond of 200 l. These if done upon these private ends alone had not been a Treason as appears by the very words of the Statute of 25 Edw. 3. before-mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the Villains as appears in the Parliament-Roll of the First year of Rich. the 2. Numb 311. and 32. where the Towns of Cambridge and Bridgewater are expresly excepted out of the general Pardon made to the Villains this being done in reference to that design of the Villains of altering the Laws this was that which made it Treason If the design went no further than the enforcing Obedience to these Paper Orders made by himself it was sufficient it was to subvert one fundamental part of the Law nay in effect the whole Law what use of Law if he might order and determine of mens Estates at his own pleasure This was against the Law notoriously declared in Ireland In the close Roll in the Tower in the 25th
him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against Him to the death and destruction of the King The Cases that I shall cite prove not onely that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against Iohn Awater of High Treason in the Forme before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High Treason My Lords This Indictment was Returned into the Kings Bench in Trinity-Terme in the Eighteenth year of Edward the Fourth and in Easter-Terme the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the Love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings Bench in Trinity-Terme in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against Him to cause Risings against Him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not onely to disaffect the people to the King but the King likewise towards the People not once but often not in Private but in places most Publick not by a Private Person but by a Counsellor ofState a Lord Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the Necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coales they were cast upon His Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loynes of the Law as they shall find My Lords Who speaks this to the people a Privy-Counsellor this must be either to traduce His Majesty to the people as spoken from Him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to His Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of His Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what He would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suites might be determined according to Law and not by himself at his Will and Pleasure upon Paper Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed
in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the First in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the common-Common-Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the common-Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King Iohn and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent-Rolls of the 30th year of King Henry 3. the first Membrana the words are Quia pro Communi Utilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Iohannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Court in England where they receive their Degree and of them and of the Common-Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such as upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edw. 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgement belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of judging upon an Irish Statute the Pleas of the Crown for things of life and death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ. This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By
the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and entirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against Iohn Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edward the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edward the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgement here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl Marshal in the Parliament of the Three and thirtieth of Edward the 1. where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3. his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question Until the 29th year of Edward the 3. erroneous Judgements given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edw. the 3. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgements after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th No. 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edw. the 3. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Iersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edw. 1. there be Placita de Insula Iersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is
In the four and twentieth Article he mentions That he is charged with being an occasion to break the Parliament and lays hold of that as in the other Articles That it was not proved but declined My Lords when he shall hear the repetition of the Evidence though part of the Article was not particularly insisted upon yet I believe it will appear to your Lordships and the world that he was the occasion of breaking the last Parliament and it is expresly proved by witnesses enough and though he says How should any body think him an occasion of it that did so often advise Parliaments yet I shall shew anon that when he did advise them it was to compass his own Design and Plot without which his ends could not be brought to pass He came from the Four and twentieth Article to the Seven and twentieth and he answers against that Article That when Armies are in the field men cannot walk so peaceably as an Attorney with his Box and Papers in Westminster-Hall I know not what he means but when two Armies are in the field they may raise War against the Kings people as well as the King for his just defence it is the way to make his people terrified with Armies and to avoid them as a Serpent and therefore it is a dangerous aspersion as I conceive With these he concluded except some things that he took by way of artificial insinuation to perswade your Lordships That it was dangerous to raise a Treason that had lain asleep I know not how many hundred years and create a Treason A strange thing indeed it is That a man shall be charged with a Treason for subverting the Law A strange thing that one should be charged with Treason for killing a Justice sitting in the Seat of Justice and yet it should be no Treason to destroy King and Kingdom and people and all all which are destroyed if the Law be subverted And now having touched upon what he hath spoken with your Lordships good favour I shall crave leave to run the course I have propounded with my self and that very briefly that is upon the whole matter to shew how far the Evidence produced on the Commons part doth prove the Charge My Lords That laid to his charge is a design and purpose to subvert the fundamental Laws of two kingdoms and to introduce an Arbitrary and Tyrannical Government not that he did effect it but that he did intend it for if he had done it it had been too late to question it he had left no rule whereby to call him to Tryal but his intention and his endeavour are his charge My Lords How far this is proved if your Lordships be pleased to call to mind the Articles and the Evidences produced on the Commons part your Lordships will find I believe that his Words his Counsels and his Actions do sufficiently prove his endeavouring to destroy In the first Article where my Lord of Strafford hath the first opportunity offered him to put this endeavour in execution that is the first place of eminency amongst his other Places and Commands which I take it was his being made President of the North he is no sooner there but there be instructions procured to enable him to proceed in that Court almost in all Causes for a man can scarce think of a Cause which is not comprehended within the Instructions obtained after his coming thither but I shall put your Lordship in mind of two clauses of the Instructions procured in the Eighth year of this King and after he was President that is the clause of Habeas Corpus and Prohibitions that no man should obtain a Prohibition to stay any Suit that should be commenced before him in the Council of York That if any man should be imprisoned by any Process out of that Court he must have no Habeas Corpus A Prohibition is the only means to vindicate the estate of the Subject if it be questioned without Authority A Habeas Corpus is the only means to vindicate his Liberty if he be detained without Law but these doors must be shut against the Kings Subjects that if either they be questioned or restrained before him there must be no relief How far he could go further I am to seek there being no means for the Subject to relieve himself if he be questioned for his Estate without authority no means to redeem himself if his person be imprisoned without Law And he had so incircled himself about that if the Judges should find the party that returns not the Habeas Corpus according to Law there was a Power and a Warrant by the Instructions to the Barons to discharge the Officers of that Fine And now I refer it to your Lordships judgements Whether this be not to draw an Arbitrary Power to himself For the execution of this Power it is true it is proved to be before the instructions in the eighth year of the King but then it riseth the more in judgement against him for your Lordships have heard how he went into a grave Judges Chamber blaming him for giving way to a Prohibition granting Attachments against one that moved for a Prohibition and though this was done before the Instructions were granted yet the Instructions coming at the heels of it sheweth his disposition and resolution more clearly for he acts it first and then procures this colour to protect it and though he pretends there was no proof yet I must put your Lordships in mind that when these things were in question concerning the apprehension of a Knight by a Sergeant at Arms he kneels to His Majesty That this defect might be supplyed and this jurisdiction maintained else he might goe to his own Cottage And here being the just commencement of his greatness if you look to the second it follows That at the publick Assizes he declared That some were all for Law but they should find the Kings little finger heavier than the loins of the Law He did not say it was so but he infused it as much as he could into the hearts of the Kings people that they should find it so and so he reflects upon the King and upon his people the words are proved And to speak them in such a presence and at such a time before the Judges and Countrey assembled they were so dangerous and so high expressions of an intention to counsel the King or act it himself to exercise an Arbitrary Government above the weight of the Law as possibly could be exprest by words And this is proved by five witnesses and not disproved nor is any colour of disproof offered but only by Sir William Penniman who says he heard other words but not that he heard not these words If he doth he must give me leave not to believe him for five affirmations will weigh down the proof of a thousand negatives He stays not long in England with this power though while he stays you hear how he vexes
by two witnesses concerning the Kings being loose and absolved from rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary power above the Law in this Kingdom will upon the proofs putting them altogether and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his people for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristols memory is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four days after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgements whether here be not a good proof of the Article laid to his chage My Lords in the Seven and twentieth Article he is charged with levying of War upon the Kings people by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levied on the Subjects Goods Then his Declaration
to fix this offence to fasten this oppression upon the King himself to make it to be believed that the occasion of these their groans proceeded from His Sacred Majesty yet God be thanked the strength of that Sun is powerful enough to dispel these vapours and to disperse the cloud that he would have raised but in the mean time my Lord is nothing to be excused My Lords he may pretend zeal to the Kings Service and affection to His Honor but give me leave not to believe it since when he is questioned by all the Kings people and in the face of his people and offences laid to his charge which himself now confesses to be against Law he should justify it under the Kings authority that savours not of a good servant I will say no more My Lords he is charged with exercising a tyrannical power over the Kings people and in his Defence your Lordships have often heard and I may not omit it that he shelters himself under the protection of the Kings Prerogative though he be charged with Tyranny of the highest nature that may be see then how foul and malignant an aspect this hath My Lords what is it else but to endeavour as much as in him lies to infuse into the Kings heart an apprehension that His Prerogative is so bottomless a Gulf so unlimited a Power as is not to be comprehended within the rules of Law or within the bounds of Government for else why should he mention the Prerogative when he is charged to exceed the Law What is it else but as far as in him lies to make the people believe for I may not forget the words he hath used by his magnifying of the Prerogative that it hath a special stamp of Divinity on it and that the other part of the Government that God pleases to put into the Kings hands had not that stamp upon it as if any thing done by one was to be justified by authority derived from Heaven but the other not These expressions your Lordships remember and I may not omit to put your Lordships in mind of them and I can expound them no otherwise than as much as in him lies to make the subject believe and apprehend that which is the buckler and defence of his protection to be the two-edged sword of his destruction according to the Doctrine he Preached and that that which is the Sanctuary of their Liberty is the snare and engine of their slavery And thus he hath cast a bone of contention as much as in him lay betwixt King and People to make the Subjects loath that glorious Flower of his Crown by fixing a jealousie in them that it may be a means of their bondage and slavery But there is so much Piety and Goodness in the Kings heart that I hope upon fair understanding there will be no such occasion but no thanks to the party that so much advanced the Prerogative in the case and condition he stands in to justify that which is laid to his Charge of High Treason My Lords I beseech you give me leave there is no greater safety to Kings and People than to have the Throne incircled with good Counsellors and no greater danger to both than to have it encompassed with wicked and dangerous ones and yet I beseech you call to mind how he hath attempted to deprive the Subject of all means to discover this danger by insinuating to your Lordships what a dangerous thing it were if Counsellors should be called in question for giving of Counsel for who then saith he would be a Counsellor where is your safeguard where is the Kings service Is not this as much as in him lies to deprive the people of the means whereby they must make themselves happy and whereby the King must be happy that is by his having good Counsellors about him and yet he infuses that venom that the questioning of Counsellors is dangerous both to King and Peers if it should be brought into example My Lords for many years by-past your Lordships know an evil spirit hath moved amongst us which in truth hath been made the Author and ground of all our distractions and that is necessity and danger this was the bulwarke and the battery that serves to defend all exorbitant actions the ground and foundation of that great invasion of our Liberties and Estates the judgement in the Ship-money and the ground of the Counsel given of late to do any thing and to perswade the King that he was absolved from all rules of Government and yet your Lordships have observed in the course of his defence how often he hath raised this spirit that God be thanked hath been laid to the great comfort of King and Kingdom by your Lordships and all the Commons in Parliament And when he stands under this question and goes about to justify his exorbitant actions how often hath he created this Idol again and therefore I am afraid he discovers too much his own heart in it My Lords I may not omit some other passages in his Defence How he hath cast scandals upon three Nations in this place that is in his first day of Defence when the Irish Remonstrance made by all the Commons of Ireland was produced by the Commons of England he expressed in a passion that things were carried against him by faction and correspondence and if he had time he would make it appear with a strong conspiracy Here is a scandal cast upon the Parliament of Ireland with a reflection on the Commons of England howsoever it is true your Lordships may remember the recantation he made that day which I will not omit desiring not to lay any thing to his charge but what is true but it is the reflection of a scandal that I cannot omit to put your Lordships in mind of and the rather because this Remonstrance presented from the Parliament of Ireland did bear date before my Lord of Strafford was charged here which is very remarkable viz. the 7th of November and therefore though he pretends a correspondence certainly there could be none then for he is not charged here till the Tenth And the same day justifying a Sentence in the Castle-Chamber your Lordships remember he affirmed that unless a strict hand were kept upon the Nation there they would find it hard to prevent perjury one of the most crying sins in Ireland Now to lay an aspersion upon the Subjects of Ireland being under the Government of the same King with us how fit this is to be done by a man in that condition that my Lord of Strafford is I referr to your consideration Another passage I remember whereby in his Defence he fell upon that Nation in answer of which I may not omit to do the service I owe to the Commons for whom I am trusted and that is that talking of an Arbitrary and Tyrannical Government in reference to some Orders of the Commons-House in Ireland he used words to this purpose You
Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the
sent away Post Merid. The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee that are to draw up the Charge against the said Earl which being Reported were as followeth Articles of the Commons assembled in Parliament against Thomas Earl of Strafford in maintenance of his Accusation whereby he stands Charged of High Treason 1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by traiterous words Counsels and Actions and by giving His Majesty Advice by force of Arms to compel his Loyal Subjects to submit thereunto 2. That he hath traiterously assumed to himself Regal Power over the Lives Liberties Persons Lands and Goods of His Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of His Majesties Liege People 3. That the better to inrich and inable himself to go through with his traiterous Designs he hath detained a great part of His Majesties Revenue without giving Legal account and hath taken great Sums out of the Exchequer converting them to his own Use when His Majesty wanted Money for His own urgent Occasions and His Army had been a long time unpaid 4. That he hath traiterously abused the Power and Authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual Dependance and Confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical Designs 5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesties Subjects of England and those of Scotland 6. That he hath traiterously broke the great Trust reposed in him by His Majesty of Lieutenant-General of His Army by wilful betraying divers of His Majesties Subjects to death his Army to a dishonourable Defeat by the Scots at Newborne and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss as that of New-Castle His Majesties Realm of England might be engaged in a National and irreconcilable Quarrel with the Scots 7. That to preserve himself from being questioned for those and other his traiterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from His Majesty to set a Division between them and to ruine and destroy His Majesties Kingdoms for which they Impeach him of High Treason against our Soveraign Lord the King His Crown and Dignity 8. And he the said Earl of Strafford was Lord-Deputy of Ireland and Lieutenant-General of the Army there viz. His most Excellent Majesty for His Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant-General of all His Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. That the said Commons by Protestations saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering Proofs also of the Premisses or any of them or any other Impeachment or Accusation that shall be exhibited by them as the Cause shall according to the course of Parliaments require do pray that the said Earl may be put to Answer for all and every of the Premisses that such Proceedings Examinations Trials and Judgments may be upon every of them had and used as is agreeable to Law and Justice Tuesday November 24th 1640. These Articles thus Resolved upon by Question were by another Question Ordered to be engrossed against to morrow Morning and no Copies to be delivered of them in the Interim and the same Committee that prepared the Charge is to draw up the Interrogatories and Mr. Pym is to go up to the Lords with the Charge Wednesday November 25th 1640. Lord Digby went up with this Message to the Lords That this House desires a Conference with their Lordships by a Committee of both Houses concerning the Articles to be Exhibited against the Earl of Strafford Lord Digby brings Answer That their Lordships have Considered the Message and desire to meet a Committee of that House with a Committee of theirs presently in the Painted-Chamber The ingrossed Articles were again openly read in the House and agreed to be sent up to the Lords by Mr. Pym by a Vote upon the Question Mr. Pym before he went made a short Declaration of the substance of that he intended to deliver unto the Lords both before and after the delivery of the Articles Mr. Pym's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford that he attended the great Committee of this House and in their presence delivered to the Committee of the Lords House the Charge against the Earl of Strafford and if any thing passed him through weakness or disability he desires the excuse of this House It was moved that Mr. Pym might have Thanks for his well delivery of the Charge against the Earl of Strafford Friday November 27th 1640. A Message from the Lords by Justice Littleton and Justice Bartley The Lords desire a Conference by a Committee of thirty of their House with a proportionable number of this House concerning the Message that was brought unto them by Mr. Pym touching the Examination of their Members in the Accusation of the Earl of Strafford and desire a free Conference touching the last Point of that Message that some of the Members of this House should be present at the Examination and they desire it this morning in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messenger That this House has taken into Consideration their Lordships Message and will in Convenient time return Answer by Messengers of their own Saturday November 28th 1640. Mr. Whistler Reports from the Grand Committee for Irish Affairs that there are many Petitions and full of matter of Complaints of the proceedings in Ireland and Suitors here for Justice There are many Petitioners here whose Estates are so exhausted that they are scarce able to bring Witnesses from Ireland hither many great Persons of
concerning the Earl of Strafford shall be Heads of that Conference and that Committee is to manage the Conference Sir Philip Stapleton brings Answer from the Lords That their Lordships do expect His Majesty at their House this Morning and that so soon as His Majesty shall be gone they will send Answer by Messengers of their own Thursday February 18th 1640. The Lords desired a Conference by a Committee of both Houses concerning the Sequestring of Thomas Earl of Strafford from his Offices presently in the Painted Chamber if it may stand with the conveniency of this House To which Answer was returned That they will give a meeting presently for a free Conference Mr. Pym Reports the free Conference Upon Mr. Pyms Report It was Ordered That this Committee viz. Sir Walter Earle Sir Io. Culpepper Mr. Hollis Mr. Solicitor Mr. Vaughan Mr. Hyde Mr. Pym Mr. Maynard Mr. Selden Mr. Palmer Mr. Whitlock Sir Simon D'Ewes Mr. Whistler Mr. Glyn and Mr. Hampden Do take into Consideration the whole matter of the Report of the free Conference now made by Mr. Pym and also what concerns the Right of the Commons in the Proceedings in the Lords House against the Earl of Strafford and what Concerns the Kingdom in general and the Legality of these Proceedings and they are likewise to Consider What is fit for the Commons to claim in Causes of Impeachment and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber Friday February 19th 1640. That the Committee for the Earl of Strafford shall have Liberty to open all Letters directed to Sir George Ratcliff and if they find it worthy the knowledge of the House they are to acquaint the House therewith Ordered That the Committee appointed to consider of the Proceedings in the Lords House against Thomas Earl of Strafford do meet this Afternoon at Two of the Clock in the Treasury Chamber Tuesday February 23. 1640. A Message from the Lords desiring a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the convenience of this House concerning the Conference that was Yesterday touching the Proceedings against Thomas Earl of Strafford Answer returned by the same Messenger That this House hath taken into Consideration their Lordships Message and will give a meeting for a free Conference as is desired Mr. Glyn Reports from the Conference That the Lord Keeper delivered the Lords Answer in these words viz. First That We shall admit him no further use of Council than the necessity of the Case for his just Defence requireth and wherein Council may with the Justice and Honour of this House be afforded him Secondly That there shall be no delay in Proceedings but all Expedition used according to their own desires Wednesday February 24th 1640. A Message from the Lords desiring a Conference by a Committee of both Houses touching the Answer of Thomas Earl of Strafford presently if it may stand with the Conveniency of this House Answer returned by the same Messengers That this House will give a meeting presently as is desired Mr. Solicitor Mr. Maynard Mr. Pym Mr. Reynolds Mr. Palmer and Mr. Hampden Are appointed Reporters of the Conference Mr. Solicitor Reports from the Conference That Yesterday was the day the Lords had prefixed for my Lord of Strafford to give in his Answer that accordingly he was there and had given it in and that this Answer which now they had delivered to the Commons was the Answer which the Earl of Strafford was to stand or fall by The engrossed Answer and a Copy of it were both delivered in by the Reporters and was desired that when the Copy was perfectly examined the Original might be delivered to the Clerk of their House Ordered That Mr. Speaker be here this Afternoon at One of the Clock and that the Earl of Strafford's Answer may then be read and considered of The same day in the Afternoon the several Articles of the further Impeachment of Thomas Earl of Strafford by the Commons were all read and to every of the said Articles the particular and several Answers of the said Earl were likewise read The Answer held three hours reading being above 200 sheets of Paper too long to be here inserted yet take an exact Abstract of the said Answer to the Articles exhibited against him which are as followeth Answers to 28 special Articles To the First Article he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir Iohn Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he
may be duly examined by whom these words were spoken that there may be some further Proceedings to prevent the dangers that may ensue thereupon and that those Counsels may be looked into and searched to the bottom These three Heads were all severally put to the Question and by Resolution upon the Question Ordered to be the Heads of this Conference Mr. Stroud went up to the Lords with this Message to desire a Conference with their Lordships by a Committee of both Houses touching the Proceedings against the Earl of Strafford and some other matters lately discovered Ordered That at the next sitting of the House the Bill for the Attainder of the Earl of Strafford shall be read the second time and Mr. Speaker is to put the House in mind of this Order A Message from the Lords by Mr. Heath and Serjeant Glanvil The Lords desire a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the conveniency of this House concerning the last Conference about the Proceedings against the said Earl Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a present meeting as is desired The Committee appointed to manage the Evidence at the Trial are appointed Reporters of this Conference Mr. Glyn Reports the Conference with the Lords to this purpose That the Lord Steward spake in the Name of the Lords and did declare That their Lordships are Resolved this House may proceed as formerly was intended before the offer of further Evidence to be propounded the Earl of Strafford to recollect his Evidence first and that being done the Members of the House of Commons to state their Evidence and this to be done to morrow morning whereof they will give the Earl of Strafford Notice Tuesday April 13th 1641. Post Merid. The House only met and adjourned till the next morning Wednesday April 14th 1641. Post Merid. An Act was read the second time for the Attainder of Thomas Earl of Strafford of High Treason upon the Question Committed unto a Committee of the whole House Mr. Speaker sitting by The Order for Resolving the House into a Committee to Consider of the Bill for the Attainder of Thomas Earl of Strafford of High Treason was read and accordingly the House was Resolved into a Committee and Mr. Peard called to the Chair Then Mr. Speaker assumed the Chair A Message from the Lords by Judge Reeves and Serjeant Glanvile That their Lordships have appointed to hear the Council of the Earl of Strafford to morrow at Eight of the Clock in Westminster-Hall concerning the matter of Law Thursday April 15th 1641. Post Merid. Mr. Arthur Capel went up to the Lords with a Message To desire a free Conference by a Committee of both Houses concerning the Proceedings against Thomas Earl of Strafford so soon as it may stand with their Lordships Conveniency Mr. Solicitor Mr. Maynard Mr. Glyn Sir Iohn Culpepper Mr. Pym Mr. Whitlock Mr. Whistler Mr. Stroud As a Committee are to retire presently into the Committee-Chamber to prepare Heads for a Conference concerning the Proceedings against the Earl of Strafford Mr. Maynard Reports from this Committee the Heads of the Conference to be desired with the Lords concerning the Proceedings against the Earl of Strafford to this effect 1. To offer unto their Lordships that it was last night Five of the Clock before this Intimation of their Lordships Intentions to hear the Earl of Strafford's Council came to this House 2. That upon some Conferences heretofore had with their Lordships a saving was made by this House in the Point Whether Counsel should be heard or not and it 's not now time to consider Whether they should depart from this saving 3. Great difficulties to know to what purpose the Counsel shall be heard the Case not being stated agreed on or made when to propound the danger and inconveniencies if his Counsel make a Case and ravel into all our Evidence in such an Auditory and whether to put the Case as it is alledged in the Articles that the Evidence of Fact being given it was in Propositions from the beginning to go by way of Bill and that a Bill is Exhibited here for his Attainder That the Proceedings by way of Bill stands in no way of opposition to those Proceedings that have already been in this business These several Considerations make more difficulty in this House than to come to a sudden and present Resolution Resolved upon the Question That these shall be the Heads of this Conference the Committee appointed to prepare the Heads are likewise appointed to manage and Report the Conference if occasion be Mr. Maynard Reports That the Earl Marshall acquainted them that he had made a Report of what had been delivered by the House of Commons and they had entred into Debate about it and so soon as they had come to a Resolution they would send Answer by Messengers of their own But in the mean time they had put off the hearing of the Earl of Strafford's Counsel for this day Ordered That the House be Resolved into a Committee to debate further the Bill of Attainder of Thomas Earl of Strafford A Message from the Lords by Judge Foster and Mr. Heath That the Lords desire a free Conference by a Committee of both Houses concerning the business of the Proceedings against the Earl of Strafford presently if it may stand with the conveniency of this House in the Painted-Chamber Answer returned by the same Messengers That this House will give a meeting presently as is desired The same Committee that managed the Conference this morning are to manage this and to Report it if occasion be Mr. Fines is added to the Committee if any new matter be propounded by the Lords at this Conference the Committee is to give no Answer unto it but to Report it to the House Mr. Whitlock Reports this Conference That the Lord Say told them That they had taken into Consideration the great business and were not absolutely Resolved how it should proceed that the Earl of Strafford's Counsel should have Notice to attend there to morrow and should not speak to any matter of Fact but to matter of Law only it was afterwards said by another Lord That the time was so short that they had Resolved not to send for him till they heard from this House Friday April 16th 1641. Post Merid. Ordered That the House do first take into Consideration the Report of the Conference with the Lords Yesterday concerning the Proceedings against the Earl of Strafford Resolved upon the Question That it is sufficiently proved that the Earl of Strafford hath endeavoured to subvert the ancient and Fundamental Laws of the Realms of England and Ireland and to introduce Arbitrary and Tyrannical Government against Law Mr. Peard went up to the Lords with a Message to this effect That this House at present is in Debate of a great business and fear they cannot
come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon If they can they Resolve to sit this Afternoon and desire their Lordships to do the like if it may stand with their Conveniency Mr. Peard brings Answer That their Lordships will meet at Four of the Clock Resolved upon the Question That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall concerning matter of Law Ordered That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration The Committee is to retire presently into the Committee-Chamber to prepare Heads for a Conference to be desired with the Lords concerning the further Proceedings against the Earl of Strafford Mr. Maynard Reports the Heads of this Conference to this effect 1. To take Notice of their Lordships Resolution to hear the Earl of Strafford's Council in matter of Law 2. To put their Lordships in mind of the saving of this House in that Point and further to tell them That if after his Council shall be heard any doubt shall remain with their Lordships they shall be ready to satisfie them in due time 3. That to this end they do intend to send a Committee of this House only to hear what his Council shall say These Particulars raised some Debate in the House and being put to the Question the House was divided upon it but yet after the Tellers were appointed the Noes yielded to the Yeas without telling 4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial as much as in Justice may be 5. To desire a continuance of their Care that the Counsel under colour of speaking to the matter of Law ravel not into the matter of Fact Sir Robert Harly went up to the Lords to desire a free Conference with their Lordships by a Committee of both Houses upon the free Conference had Yesterday with their Lordships concerning the further Proceedings against the Earl of Strafford Sir Robert Harly brings Answer That their Lordships will give a present meeting as is desired The Committee that was appointed to prepare Heads for the Conference concerning the further Proceedings against the Earl of Strafford are to manage this Conference and to Report it if occasion be Ordered That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall do apply their Endeavours in that Service A Message from the Lords by Justice Foster and Justice Heath That the Lords have sent this Message that they will be set to morrow at ten in the Forenoon in Westminster-Hall to hear the Earl of Strafford's Council in matter of Law Saturday April 17th 1641. Post Merid. Ordered That the House be Resolved into a Grand Committee to take into further Consideration the Bill of Attainder of Thomas Earl of Strafford Mr. Speaker left the Chair Mr. Peard was called to the Chair of the Grand Committee and Mr. Speaker again assumed the Chair Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed on Monday morning at Seven of the Clock Monday April 19th 1641. Ordered That after the Conference shall be ended the House shall again be Resolved into a Committee to resume the farther Debate of the Earl of Strafford and all the Members are required to return from the Conference to the House Resolved upon the Question That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland and to Introduce an Arbitrary and Tyrannical Government against Law in both these Kingdoms is High Treason The Lord Digbye's Speech in the House of Commons to the Bill of Attainder of the Earl of Strafford April 21. 1641. Mr. Speaker We are now upon the Point of giving as much as in Us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom Thomas Earl of Strafford a Name of hatred in the present Age by his Practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactared I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon
piece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the King's Liege-people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare That the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgment of His Supremacy only but to the Ceremonies and Government of the Church Established and to be established by His Majesties Royal Authority and said That the Refusers to obey he would prosecute to the blood XX. That the said Earl hath in the 15th and 16th Years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotish Nation and divers and sundry times and especially since the pacification made by His Majesty with His said Subjects of Scotland in Summer in the 15th Year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation And the said Earl by his Counsels Actions and Endeavours hath béen and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his mind towards His Majesties Subjects of the Scotish Nation viz. the Tenth day of October in the Fiftteenth Year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased His Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article only excepted and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War XXI That the said Earl of Strafford shortly after his Spéeches mentioned in the last precedent Articles to wit in the 15th Year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North and had a pacification with his Subjects of Scotland he laboured by all means to procure His Majesty to break that pacification incensing His Majesty against His Subjects of that Kingdom and the procéeding of the Parliament there And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he counselled His Majesty to call a Parliament in England yet the said Earl intended that if the said procéedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs he would then procure His Majesty to break the same and by ways of force and power to raise monies upon the Subjects of this Kingdom And for the encouragement of His Majesty to hearken to his advice he did before His Majesty and His Privy-Council then sitting in Council make a large Declaration that he would serve His Majesty in any other way in case the Parliament should not supply him XXII That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their Assistance in a War against the Scots and gave directions for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederacing with one Sir George Ratcliff did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Maiesties Subjects and of altering and subderting of the Fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford returned into England and to sundry persons declared his Opinion to be that His Majesty should first trie the Parliament here and if that did not supply him according to his Occasions He might use then His Prerogative as He pleased to levy what He néeded and that He should be acquitted both of God and man He took some other courses to supply Himself though it were against the wills of His Subjects XXIII That upon the Thirtéenth day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did accordingly to the Trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesties referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Spéeches and Messages to urge the said Commons House to enter into some Resolution for His Majesties supply for maintenance of His War against His Subjects of Scotland before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a Demand was then made from His Majtsty of Twelve Subsidies for the release of Ship-money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some supply before any Resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to dissolve the said Parliament upon the Fifth day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had béen Members of the said House of Commons by telling His Majesty They had denied to supply him And afterwards upon the same day did traiterously and wickedly Counsel and Advise His Majesty to this effect viz. that having tried the affections of His People he was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tried all ways and was refused and should be acquitted towards God and man and that he had an Army in Ireland meaning the Army
Strafford of High Treason against our Soveraign Lord the King His Crown and Dignity And he the said Earl of Strafford was Lord Deputy of Ireland or Lord Lieutenant of Ireland and Lieutenant General of the Army there under His most Excellent Majesty and a sworn Privy-Counsellor to His Majesty for His Kingdoms both of England and Ireland and Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of His Majesties Army in the North parts of England during the time that the Crimes and Offences in the 27th and 28th Articles set forth were done and committed Tuesday May 11th 1641. Ordered That Mr. Solicitor give Order That the Arguments he made in Westminster-Hall touching the matters of Law in the Case of the Earl of Strafford be Printed and that Mr. Pym give the like Order That his Speeches at the beginning and ending of the Trial of the said Earl of Strafford be likewise Printed The Names of those Gentlemen that managed the Evidence in this Trial being through over-sight omitted to be inserted in their particular places for the first Nine Articles it is thought fit for more exact satisfaction to give an account of them in this place with particular References which may by the Reader be easily supplyed The Names of the Managers FOlio 115. Line 17. Mr. Pym. Ibid. Line 33. Mr. Pym. Ibid. Line 40. Mr. Pym. Fol. 116. Line 5. Mr. Pym. Ibid. Line 44. Mr. Pym. Fol. 117. Line 14. Mr. Maynard Ibid. Line 43. Mr. Maynard Fol. 120. Line 20. Mr. Pym. Fol. 124. Line 27. Mr. Pym. Fol. 127. Line 29. Mr. Pym. To the First Article Fol. 138. Line 29. Mr. Maynard Fol. 139. Line 3. M. Maynard Fol. 142. Line 17. M. Maynard Ibid. Line 24. Mr. Whitlock Fol. 143. Line 7. Mr. Glyn. Ibid. Line 15. Mr. Maynard Ibid. Line 25. Mr. Glyn. Fol. 144. Line 2. Mr. Maynard Fol. 145. Line 3. Mr. Maynard Fol. 147. Line 31. Mr. Maynard To the Second Article Fol. 149. Line 14. Mr. Maynard Fol. 153. Line 6. Mr. Glyn. Fol. 152. Line 14. Mr. Maynard Ibid. Line 16. Mr. Maynard Ibid. Line 18. Mr. Maynard Fol. 154. Line 4. Mr. Maynard Ibid. Line 32. Mr. Maynard Fol. 155. Line 7. Mr. Maynard To the Third Article Fol. 156. Line 8. Mr. Maynard Fol. 164. Line 9. Mr. Maynard Ibid. Line 22. Mr. Glyn. Ibid. Line 17. Mr. Maynard Ibid. Line 28. Mr. Maynard Fol. 165. Line 7. Sir Io. Clotworthy Ibid. Line 36. Mr. Maynard Fol. 167. Line 25. Mr. Pym. Fol. 157. Line 11. Mr. Maynard Fol. 168. Line 16. Mr. Pym. Fol. 158. Line 2. Lord Digby Ibid. Line 25. Mr. Pym. Ibid. Line 37. Mr. Maynard Ibid. Line 34. Mr. Maynard Fol. 163. Line 42. Mr. Maynard Fol. 171. Line 28. Mr. Maynard To the Fourth Article Fol. 173. Line 30. Mr. Glyn. Fol. 183. Line 10. Mr. Maynard Fol. 174. Line 8. Mr. Glyn. Fol. 184. Line 11. Mr. Glyn. Fol. 179. Line 44. Mr. Glyn. Fol. 185. Line 1. Mr. Maynard Fol. 180. Line 37. Mr. Maynard To the Fifth Article Fol. 185. Line 21. Mr. Glyn. Ibid. Line 35. Mr. Maynard Fol. 188. Line 17. Mr. Glyn. Fol. 202. Line 31. Mr. Maynard Fol. 198. Line 1. Mr. Glyn. Ibid. Line 36. Mr. Maynard Fol. 201. Line 19. Mr. Glyn. Fol. 204. Line 5. Mr. Glyn. Fol. 202. Line 7. Mr. Maynard To the Sixth Article Fol. 205. Line 6. Mr. Glyn. Fol. 216. Line 22. Mr. Maynard Fol. 206. Line 31. Mr. Glyn. Fol. 217. Line 21. Mr. Palmer Ibid. Line 37. Mr. Glyn. Fol. 218. Line 17. Mr. Glyn. Fol. 210. Line 38. Mr. Glyn. Ibid. Line 21. Mr. Glyn. Fol. 213. Line 23. Mr. Glyn. Fol. 219. Line 32. Mr. Stroud Ibid. Line 29. Mr. Glyn. To the Eighth Article Fol. 222. Line 8. Mr. Glyn. Fol. 228. Line 10. Mr. Glyn. Ibid. Line 34. Mr. Glyn. Ibid. Line 26. Mr. Glyn. Fol. 223. Line 22. Mr. Glyn. Fol. 229. Line 11. Mr. Glyn. Ibid. Line 42. Mr. Maynard Ibid. Line 33. Mr. Glyn. Fol. 226. Line 42. Mr. Glyn. Fol. 233. Line 25. Mr. Glyn. To the Ninth Article Fol. 236. Line 16. Mr. Glyn. Fol. 239. Line 14. Mr. Maynard Fol. 238. Line 22. Mr. Glyn. Fol. 240. Line 10. Mr. Glyn. THE TRYAL OF T. Earl of Strafford The First day Monday March 22. 1640. THe Lords being set in a place prepared in Westminster-hall purposely for the Arraignment of Thomas Earl of Strafford upon a charge of High Treason laid upon him by the Commons House of Parliament in the Name of themselves and of all the Commons of England And the House of Commons being there likewise seated as a Committee and those who were to manage the Evidence on behalf of the House of Commons being Members of that House standing at the Barr The Prisoner was called for And being brought by Sir William Balfour Lieutenant of the Tower after Obeisances given he came to the Barr and kneeled and after standing up The Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England spake to him as follows Your Lordship is called here this day before the Lords in Parliament to Answer to and to be Tryed upon the Impeachment presented to them by the Commons House of Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity And therefore think fit in the first place That your Lordship should hear the Impeachment of High Treason read The Impeachment was accordingly read by the Clerk of the Parliament A little after the entrance into it a Chair was brought to the Prisoner by the Gentleman Usher and the Prisoner sate down thereon by their Lordships direction After the Charge was read the Earl of Straffords Answer was likewise read And no more of proceedings that day Only the Lord Steward said further to the Prisoner That his Lordship had heard the whole Impeachment of the House of Commons read And his own Answer on which he hath put himself for Trial. That which is now to follow their Lordships have commanded him to say is the managing of the Evidence by those the House of Commons shall please to appoint for the proving of this Charge But likewise they have Commanded him to say That the time being so far spent it may not be so proper now to proceed further in the business That this shall be sate upon only once a day which will be fittest both for their Lordships and for the House of Commons And that they conceive it will agree with the sense of the House of Commons not to fall into the particular management of the Evidence so late but to defer it till the morrow at the hour of nine of the Clock My Lord of Strafford did then desire to know whether he might with their Lordships good leave and favour say any thing at that
Lordships satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the Subversion of the Laws of the Kingdom That is prest as Treason and this as an Evidence That for the second Commission it follows as the other if he procured the one he is guilty as if he procured both it being the same Power still THE Second Article The Charge THat shortly after the obtaining of the said Commission dated the 21st of March in the Eighth year of His Maiesties Reign to wit the last day of August then next following he the said Earl to bring His Maiesties Liege People into a dislike of His Maiesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the Administration of Iustice according to Law and in the presence of the Iustices sitting That some of the Iustices were all for Law and nothing would please them but Law but they should find That the Kings little Finger should be heavier than the Loyns of the Law WE are come now to the second Article touching words spoken of the King That the Kings little Finger should be heavier than the Loyns of the Law For that we desire to produce Witnesses and they will shew how my Lord of Strafford is mistaken in his Answer Or if he says true As he slanders the King in one sense so he slanders the Law in another Witnesses produced William Long Sworn and interrogated What words he heard my Lord of Strafford speak concerning the comparison between the Kings little Finger and the Loyns of the Law On what occasion Where and at what time Answered When Sir Thomas Leyton was Sheriff of York-shire 1632. as he takes it My Lord of Strafford being there he heard his Lordship say these words That some nothing would content but Law but they should know The Kings little Finger should be heavier than the Loyns of the Law And this was spoken in the place where the Judges sate in York-Castle at the Assizes that year The occasion he knew not but it was publickly spoken and as he thought my Lord did not then sit on the Bench but stood at the Barr. Sir Thomas Leyton was Sworn and being thick of hearing the Manager was directed by my Lord Steward to interrogate him to the effect aforesaid Who Answered My Lord said Some would not be satisfied but by Law but they should have Law enough for they should find the Kings little Finger to be heavier than the Loyns of the Law His Lordship being on the Bench then with the Judges at that time and abundance of the Country being there then at Lammas Assizes at the Castle-Bench And he thinks it was 1632. or 1633. but he knew not the occasion Marmaduke Potter having been examined as a preparatory Witness and since being deceased it was desired his Deposition might be read The Lord Steward declared That the Examinations of those preparatory Witnesses should be read in case any should be dead To prove Marmaduke Potter's death Thomas Harrison was Sworn Being interrogated what he knew concerning the death of Marmaduke Potter Answered That since his coming out of York-shire he heard a report from his Neighbours that M. P. is dead and buried That he the Deponent lived a Mile from the said Marmaduke Potter which is Ninescore and Ten Miles from this place but he heard no particular of the day of his burial The Examination of Marmaduke Potter Gent. taken Ianuary 1640. to the 10th and 11th Inter. He saith That about eight years since when Sir Thomas Leyton was Sheriff of York-shire he heard the Earl of Strafford make a Speech publickly at the Bench at Summer-Assizes and he said then That the Kings little Finger should be heavier than the Loyns of the Law I know not whether it were material for me to Answer this or no but as the Charge is laid it is impossible I should be guilty of the words For it is laid to be the last of August next following the 21st of March in the Eighth year of His Majesties Reign which falls out to be when I was in Ireland But I desire not to stand on such Niceties but that Truth may appear The words confessed in my Answer are quite contrary being That the little Finger of the Law was heavier than the Kings Loyns And that I set forth in my Answer and the occasion of them which these Witnesses do not or else will not remember The occasion was this There came divers Levies in the year when Sir Thomas Leyton was Sheriff for divers great sums of money for issues in the Knighting-business on some that had compounded and paid their money to me the Receiver of that money then and by me answered in the Exchequer yet these Issues came down through some Errour above and were levied with very great rigour by Sir Thomas Leyton When I came down I spake with Sir Thomas Leyton and shewed him how the men were injured and did desire him to return the money to them again and I would see him discharged in the Exchequer which he was contented to do And then to give satisfaction to the Country I told them That that Commission was a Commission of Grace and Favour and that their Compounding with the King was an ease to them and much greater ease than by a proceeding at Law would have fallen on them the very first Issues being three or four times more than they had compounded the whole for And thereupon I applyed that Speech That the little Finger of the Law was heavier than the Loyns of the King For if I should then have fallen to threaten them I had spoken contrary to the end I had proposed which was to incline them And further that not one of the Witnesses spoke any thing to the occasion of the Speech That it is long since and was never yet complained of and that man must have a stronger memory than I that will undertake to swear positively the very words spoken seven or eight years ago And under favour he ought to have better Ears than Sir Thomas Leyton who appears to have such an infirmity in hearing that he must now be whoopt to at the Barr before he can hear and sure his sense of hearing is much decayed else he could not have heard me speaking at that distance to the place where the Sheriff sits in an open place as far distant as from the Barr where I now stand to my Lord Steward or very near Dr. Duncombe being asked Whether he came accidentally to York that day and what he heard the words repeated to be He Answered He came from
Lord Robert Digby being asked Whether at the Parliament at Dablin or any other time he ever heard my Lord of Strafford speak those words He Answered That he never did that he doth not know whether he was present at that time or no that he did diligently wait but doth not remember the words nor occasion but he thinks he was not present Your Lordships have heard my Lord of Strafford's Defence with much patience That he hath said nothing that takes off the Charge but some things that aggravate it That he would answer the Particulars as his Lordship had propounded them And first he observed That his Lordship denies not the words Charged which makes greater way for proof of them He informs of the ill Fortune of other Governors that one was Attainted and the Informations afterwards retracted that my Lord of Faulkland was complained of yet a Noble and good Governor against whom or any Deputy we can say nothing But what is this for my Lord Strafford to say Others were questioned therefore he is Innocent These were complaints of particular men This against my Lord of Strafford is the complaint of all the Commons of England It is said here is no Treason in this Article no Argument of Treason but the Commons never pressed these words singly and dividedly to be Treason but take all together they discover that Disposition that Counsel that Resolution that my Lord of Strafford had taken on him the ruine and subversion of the Common Law in both Kingdoms It is said an Answer is put in and no Replication It is true in other Courts if you go on Bill and Answer the Answer is taken pro Confesso but the Commons desire not to bind up my Lord of Strafford with Formalities but by the substance of their Charge they have averred their Charge which is as much as a denial of his Answer To there being another Government in Ireland than in England my Lord himself spoke of it by himself but he thinks it will not be material to this purpose for whatsoever it is some Government there is but the Speech of my Lord tends to take away all Laws for they must expect Laws as from a Conqueror in that Limitation For his referring it to the time taking it in the sense that the then Conqueror might do what he pleased that 's true and justifiable But that is to suppose the words otherwise than they are being spoken not of the Kings that were before but of His Majesty that now is My Lord would make an Argument his words were well accepted because Mr. Slingsby heard nothing to the contrary the words had much Acrimony and Sharpness and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so or forbear any Complement to him though he had been displeased with him But if that be material the Witnesses that have proved the words will tell Your Lordships it was resented with a great deal of Grief and Sorrow in all the hearers His Lordship justifies what was spoken of the Charters on these grounds First That the Witness said they were Antiquated Charters and therefore did not bind whereas it was a scornful Epithite their Antiquated and Worm-eaten Charters did not bind It is said they were void through negligences questioned at Council-Table complained of in Parliament But they must take the words to pieces not altogether Had he spoken of the Charters alone that they were void Charters it were no crime no indiscretion But take it with the occasion and connexion it admits of no such mitigation or interpretation He tells them they are a conquered Nation and they must expect Laws as from a Conqueror And they are a conquered Nation and their Charters are no further good than the King pleases It is said It is strict to answer presently what may be objected and the Examinations are extrajudicial we doubt not but Your Lordships will justifie-our Proceedings nor is there any strictness in them for if a man be questioned of a Crime and several Evidences be brought to make up this Crime some concurrent some precedent they will be allowed of in other Courts It being never used to set forth in a Charge all circumstances of Proof The main is produced and this is an Evidence to prove that and it is within the Charge for there is a Charge that he corrupts the Laws and Government Then my Lord produces divers Witnesses who speak in a different sense Sir Robert King heard nothing another that he remembers nothing and if he remembers nothing it may as well be said of the rest That there might be something they did not hear or remember for they speak no more but they did not remember There may be something they forgot as well as another forget all My Lord Ranulagh says He remembers the first words and something as spoken of the second but he cannot tell how far So that there is rather a doubt that something was spoken to that purpose than otherwise The Lord Digby was not present Sir George Wentworth remembers not the words he hath a Copy of the Speech and is confident the words were not spoken But they were not spoken in the first Speech whereof there was a Copy when the Petition for the Laws was delivered And this is an Aggravation against my Lord of Strafford that by his own shewing there was an Exception taken when he spoke in a milder sense and to advance His Majesties Government it had an ill impression and was taken notice of and the Exception delivered to himself Now if after Exception taken to a Speech delivered in Parliament cloathed with so much mildness he in the same Parliament as soon as Subsidies are granted shall tell them they are a conquered Nation and shall not have Graces but such Laws as the King will give them This puts the Offence in higher terms than before so far are they from mitigation of the Offence We desire Witnesses may be heard concerning the circumstance of time Mr. Fitzgarret produced and Sworn Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons concerning the Laws and how in time it followed the publick Speech at the beginning of the Parliament and what Answer was given to it He Answered That he was then a Member of the Commons House and present when the Petition was delivered But after the House of Commons had given the King six Subsidies the House of Commons entred into consideration of Petitioning for such things as were necessary and expedient for the Common-wealth as they thought this Petition was preferred to the Lord Deputy a good space of time after the Subsidies were granted and Advertisement sent to England of the good service done in obtaining those Subsidies from the House of Commons That he remembers not any part of the Answer given There was an Answer given in Writing either at Council-Table or in full Parliament from the House of
Lords but that he spake only to the point of time My Lord of Strafford did here affirm it to be most certainly true That the Petition concerning the things Mr. Fitzgarret mentions was delivered at Council-Board and not in Parliament and desiring Mr. Fitzgarrets further explanation of himself He Answered That he conceives there were two Petitions one as he thinks concerning the performance of the Instructions of 1628. whereunto an Answer might be given at Council-Board and he believes it was subscribed by many of the Council There was another Petition of Grievances seeking redress of them and to whether of these his Lordship gave an Answer in Parliament he remembers not but believes there was an Answer made to both or one of them in full Parliament The Lord Gorminstone being demanded at what time and on what occasion my Lord of Strafford spake the words he was examined on before in the Parliament at Dublin He Answered A Petition was delivered to my Lord of Strafford and he spake to the House wherein he spake the words that he had formerly related That they must expect Laws as from a Conqueror and that the Instructions published for the setling of that Government were procured by a company of narrow hearted Commissioners That he did not then remember the certain time but he is sure it was in Parliament and so resented that almost all took notice of it when most part were English and British Extractions and very few Irish. The Lord Killmallock being demanded to the same purpose Answered That he conceived the occasion was a delivery of a Petition to his Lordship It is true it was not delivered in Parliament nor were the words spoken at the Council-Table where the Petition was delivered But he conceives it was on occasion of delivering that Petition that his Lordship speaks For after the Petition was delivered three or four days after his Lordship came to the Parliament House he called both Houses before him and there delivered these words That Ireland was a Conquered Nation and therefore must expect Laws as from a Conqueror Adding further That the Book of Instructions meaning the Book Printed in King Iames His Reign for the orderly Government of the Courts of Justice was contrived and procured by a company of narrow-hearted Commissioners who knew not what belonged to Government The words he said he remembers very perfectly as having great misery on his heart in the speaking And whereas it is said none did take notice of them They did but they durst not it wrought inwardly and had they spoken of it they expected no redress but a greater addition of calamity to them We shall now proceed and observe That this Article touching the Laws of Ireland gives the ground-work of what follows in the subsequent Articles concerning Ireland And first We desire Your Lordships to take into remembrance That though Ireland differ in some particular Statutes from England yet they enjoy the same Common Law without any difference That by the Statute 28 H. 6. in Ireland It is Enacted That every Cause shall be remitted to its proper Court It is true the King hath this Prerogative not to be tied to sue in the Kings-Bench but may sue in any Courts of Justice for matters Triable in the Common-Pleas or Chancery or Exchequer all Courts are open to him wherever he will have his Cause judged but with the Subject the proper Cause must go to the proper Court and according to this the exercise and use is continued in that Kingdom Some Incroachments being made King Iames of blessed memory took consideration of it he appointed Commissioners and Instructions were Printed in pursuance of this A Noble Earl now present Justice Iones Sergeant Crew and divers others were imployed in that Service These Instructions as they remit the Causes to the proper Courts so they declare that it had crept in at the Council-Table in latter times to take Oaths but direct that it shall be forborn for matters of Interest and Complaint between party and party and matters of Title And it stays not here but a Proclamation is issued to the same effect This Statute these Instructions and this Proclamation we desire may be read Accordingly the Statute was read whereby it was ordained to the Governour of the Land or other Officer for the time being He that accuses shall find sufficient sureties for the damage of him that is accused and if it shall be adjudged that the Suggestion or Accusation is not true c. And also that he that is Arrested may go by Surety or Bail till the matter be determined And if it be matter of Treason or Felony to be remitted to the Kings-Bench if Conscience to the Chancery if Franchise to the Seneschal of the Liberty if for Debt to the Common-Pleas c. saving the Kings Prerogative Then part of the Instructions were read published 1622. wherein it is Ordered That the Council-Table shall keep it self within its proper bounds Amongst which the Patents of Plantations and the Offices on which the Grants are founded are to be handled as matters of State and to be determined by the Lord Deputy and Council publickly but Titles between party and party are to be left to the ordinary course of Law and neither Lord-Deputy Governour nor Council-Table hereafter to intermeddle or trouble themselves with ordinary businesses within Cognizance of ordinary Courts nor meddle with possession of Land nor make or use private Orders Hearings or References concerning such matters nor grant Injunctions nor Orders for stay of Suits at Common Law Causes recommended from the Council of England and spiritual Causes concerning the Church excepted Then the Proclamation was read dated November 7. 1625. whereby it is commanded That the Deputy and Council-Chamber in Ireland then and from time to come shall not entertain or take consideration of any private Cause or Causes or Controversies between party and party concerning their private and particular Estates nor any Cause or Controversie of that Board which are not of that nature that do properly concern matter of State But that all Causes and Controversies of that nature moved or depending between party and party concerning private and particular Interests be proceeded in in the ordinary Courts of that Kingdom respectively to whom the Cognizance of these Causes and Controversies doth belong c. For that Objection from the Opinion of my Lord Cooke in Calvins Case if it were an Opinion to the contrary in an Argument it is no binding Authority But that Opinion is nothing at all against what hath been said for it is express That Ireland did retain the same Common Law with England It is true Ireland hath Statutes and Customs particularly retained and so there be divers particular Customs in England that differ from the Common Law yet are approved and allowed in it as in Wales and the Custom of Gavel-kind and the Common Law which is the general Government is the
after my Lords coming into Ireland and before the Parliament and was the cause of the first Exception against him the said Sir Pierce Crosby for he reasoned it with his Lordship being at his own Table at Dinner there being then present and sitting next to him a Member of this Honourable House my Lord Castlehaven There were likewise my Lord Osmond and several others of the Council of Ireland The words were these That if he lived He would make an Act of State to be of equal Power with an Act of Parliament That he the Deponent thought his Lordship spoke it merrily and answered him in the same kind saying My Lord when you go about to do this I will believe some body will rise as an English Gentleman did in England and desire a Clause of Exception that it may not reach to himself his Kindred and Friends That my Lord of Strafford looked on him very earnestly and said He would take him whosoever he was and lay him by the heels That this was in Parliament time And he the Deponent would fain have qualified it but Parliament or not Parliament says my Lord Ireland is a Conquer'd Nation and the Conqueror should give the Law That he the said Sir Pierce Crosby Replyed My Lord then I beseech you give me leave I am one of those that must uphold an Act of State by all lawful ways having the Honour to be a Member of the Government though unworthy What will be alledged on the other part they will say an Act of Parliament attaints and restores Blood and doth many things an Act of State cannot reach to for it is confined within the limits of the Government That my Lord having not to Reply to this rose in some choller and told him the Deponent of something else he conceived he the Deponent had done amiss at Council-Board on a Statute that was in debate And so the Manager concluded the Article with thus much more The Article in the conclusion of it charges him with scorning the Government and Laws And it was desired their Lorships would take notice of what is proved out of these words and the concurrent proof Yesterday The Earl of Strafford begins his Defence saying First I must stand upon the truth of my Answer which must be good till it be denied so far as goes to matter of Misdemeanor I have not had time to examine Witnesses having not liberty till Friday last which I urge by way of excuse if my Answers give not full satisfaction Here is an Order of the House of Commons there whereby your Lordships may perceive how unlikely I am to have any thing from Ireland that may work to my Justification which was read and bears Date 25. February 1640. Authorising those undernamed to go aboard any Ships and seize search and break up all Trunks Chests and Cabins aboard To seize on all Silver and Gold except small Sums and all Debts Evidences and Writings as they shall think fit of him the said Earl of Strafford This his Lordship conceived to be a great Violation of the Peerage of the Kingdom For making good of his Answer his Lordship Alledged That the Council-Board of Ireland is a Court of Record which differs much from the Council-Board of England and that they proceed there by Bill Answer Examination Publication and all the formal courses of legal Proceedings That my care to preserve the Authority of the Deputy and Council is not a Subversion of the Laws Only it directs it and puts the execution of the Law another way That for Reasons of State it must be preserved being the place of Resort for Protection and Defence of the English Planters and Protestant Clergy I shall produce and acknowledge the Instructions made 22 Iac. and I shall read part that bounds the Council-Board particulary mentioned in the Reply to the Third Charge I desire a Book may be read a Book in the hands of Mr. Denham containing certain Answers given by the Lord Chichester to certain Complaints made against that State and written with Mr. Baron Denham's own hand which on debate was Resolved not to be read being written only for a private Remembrance I shall refer to my Lord Ranulagh's Deposition the other day to satisfie your Lordships touching the Proceedings at Council Table To prove the Council-Board to be a Court of Record Robert Lord Dillom being asked Whether before my Lord Strafford's time he had not known always during his memory the Deputy and Council in all causes of Plantation and the Church proceed by Petition Answer Examination of Witnesses Publication and Hearing as in other Courts of Equity and upon Oath He Answered That he remembers in my Lord Chichester's time of Government it was the practise of the Board so to do That he remembers it in my Lord Grandison's time that he had the Honour to be called to the Council-Board under my Lord Faulkland's Government and knew it then And it was in the Justices time that preceded my Lord Strafford's Government To have Petitions Examinations of Witnesses Publication a day of hearing granted and all ordinary Proceedings Being asked Whether at that Board they have not been punished who have disobeyed Proclamations and Acts of State before my Lord Strafford's time and how long He Answered That out of his Observation at Council-Table Acts of State were made because of the scarcity of Parliaments that they might be a Supplement to Acts of Parliament that he hath known before and when he sate at the Board on contempts of these Acts of State or Proclamations which he said he had heard the Judges say to be a kind of Law of the Land for the present the Parties were Attached brought to the Board and upon full Examination of the Cause and Proof of the Contempt sometimes Imprisoned sometimes Fined according to the Delinquency and Degree of the Offence supposed to be committed Being asked of Fines in Cases between Party and Party He Answered That he doth not remember any Fine imposed in a special Cause betwixt Party and Party Sir Adam Loftus being asked to the same purpose He Answered It hath ever been since his remembrance the constant Practise there in Causes of the Church and Plantation to proceed on Petition Answer c. and Fines imposed on Breakers of Publick Acts of State and Proclamations But he remembers not any Fines for Contempts in case of particular and private Interest We shall admit it to have Cognizance of matters of Plantation and Church and such as are recommended from the King to the Council here But not to be a Court of Record From these Proofs I infer That the Council-Board there hath another Constitution then here where it is only a Court of State I shall produce the Order made in my Lord of Corke's Case which I observe to be in the Case of the Church and so within the Cognizance of Deputy and Council The Order was read being signed by Sir Paul Davis
Communicate it to any man till I brought the Letter because I was resolved to speak of it to no man living and in conclusion left it wholly to the Council For the words That I would not lose my share in the Honour of that Sentence if I spake the words I meant the Justice and satisfaction done me by that Sentence being by the prime Officers of the Kingdom And whereas it was said yesterday that though I thought it hard to lay words to my Charge yet I thought it not hard to lay words to the Lord Mountnorris his Charge there is a difference between laying words to a man's Charge to Accuse and Condemn him of High-Treason to loss of Estate Life Honour and Posterity and pressing words to only two days Imprisonment being only intended to discipline my Lord Mountnorris and teach him to govern his Speech with more modesty His Defence to the business of Denwitt's Execution He confesses his Vote concurred and thinks he had Authority and may justifie it He produced the Sentence Dated 13. February 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef and running away from his Colours in breach of the 9th and 6th Articles for which he was sentenced to Death according to the use of Martial-Law His Lordship opened the Nature of the Offence being committed at a time when the 500 men were attending to go to Carlisle and the Example might be dangerous and desired Sir George Mountnorris might be asked Whether Denwitt was not convicted to be guilty adding that he had been burnt in the hand and running from his Colours is death by the Laws of Ireland He produced a Statute of Ireland 20 H. 6. C. 19. whereby it is Enacted That every man that receives the King's Wages and departs from his Captain c. shall be proceeded against as a Felon As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony and the Offendor to undergo punishment of Law And 10 H. 7. all Laws formerly made in England are to be in force in Ireland and so that of 7 H. 7. For further clearing whereof he refers himself to the Council One of the Managers did make Reply in substance as followeth That if this Fact be not Treason yet it seems to prove his Intention to subvert the Law which is Treason Whereas he hopes for the King's Mercy so the Commons do as really trust for the King's Justice The Commission he insists on is limitted with Si opus fuerit and the King intends Execution according to Law Magna Charta and the rest of the Laws of England being of force in Ireland There hath been an Army in pay in Ireland since Henry the Eighths time and so there are some in pay here in Portsmouth and Plymouth and yet it follows not England must be Governed by martial-Martial-Law The Lord Wilmott was produced by him to justifie the publishing of Orders and exercise of Martial Law in Ireland But we Appeal to your Lordships Whether he gave Testimony of executing any by Martial-Law Sir Adam Loftus says There are Provost-Marshalls and they do use to put men to death but they are Rebels whom they execute which squares not with this Case only that of Sir Thomas Wayneman is a full President For the King's Letter it is written on his Information and if the King's Ministers misinform him He is just before God and men and the Letter directs Reparation as it was fit there should be My Lord pretends he was no Judge in the Cause your Lordships may remember who procured the Letter to proceed and who sate there to manage the business though he sate with his Hat off if he would have been indifferent he should have left the Counsellors to themselves And when some moved they might proceed on one Article he cryed both and so he was the Procurer of the Sentence with which he is charged not with the Voting of it He pretends he sate by and said nothing yet no man talked more at the Sentence than himself He proves not the Course of Martial-Law and there is a Judge-Marshal to whom in any proceedings in a Martial way address should be made and it was desired he might be called to testifie how they went about it Another of the Managers did add by way of Reply That whereas my Lord of Strafford insists much as if Martial-Law were part of the same Law of Ireland but the 25 E. 3. is in force there and that is recited in the Petition of Right in force here as the ground why Martial-Law ought not to be in England and therefore there is the same ground why it should not be in Ireland For that Commission he speaks of Opus est is martial-Martial-Law when there is bellum flagrans but what need was there of Martial-Law in my Lord Mountnorris his Case when he would rather lose his Hand than the Sentence be executed For the Orders made by my Lord Wilmott and others there is difference between making an Order in way of terror for fear of Execution and putting that thing in execution Many Witnesses are produced to prove the practise but not one speaks in point of Execution unless upon Rebels and Traytors and such as would not come into Law whereas my Lord Mountnorris was had into the Law Whereas he takes the Example of those before him the Commons cannot see the Restrictions put upon his Commission for Martial-Law but in the preceding Deputies time there was a limitation that the Provost should leave the Souldiers to trial at Law except in time of War and Rebellion The Statute of 20 H. 6. is against him for it makes the Souldiers running from his Colours Felony and certainly meant it should be tried by that Law that makes it Felony which would have given him the benefit of Clergy not by Martial-Law And though he thinks he may justifie it he falls at last to a Pardon He says He acquainted no body before hand with the business but if he may give the Interpretation he will be sure to put a good end to it if he would not prepare the Council for Justice why should not the Delinquent be prepared The words are pretended to be spoken in April my Lord of Strafford procures the King's Letter in Iuly and questions it not till December here is no opus est The very words of the Order the Witnesses were examined by our Command which make it his own One of the Managers desired that two of the Instructions of former Deputies might be read To this my Lord of Strafford excepted as supplemental and dangerous and not warranted by any other Judicature After some debate touching the admitting of my Lord of Ely to be examined to the Course of Martial-Laws in Ireland being new matter arising out of his Answer It was Resolved that he should be examined only to that new matter The Earl of
Tobacco and he hath known in his little poor experience many Monopolies overthrown by sentence of the Commons House but under favour never heard it to be judged Treason before this time For the Port of Kinsale it is the Port wherein in a manner all the Tobacco of the Kingdom comes to be Landed and thence transported again and that the value of the Tobacco is worth 100000 l. is but an estimate and no Consideration herein had of the price the Customes the Losses and Charges and the Remonstrance of the Commons is only that they conceive it to be so And this is all the Testimony to the value And so his Lordship concluded his Defence And Mr. Maynard made Reply in substance as followeth And First he observed That whereas it was said the Orders of the Commons House were Rigid indeed Tyrannical when they be heard there 's no such thing in them they appoint two of my Lord of Strafford's Agents at least one of them is his Agent and the other Patentee to account the Money That they shall only bring in a List without taking away the Books or any thing conducing to his defence That he knows not for what purpose my Lord of Strafford objected the Lease 10 Iac. for that concerned imposition on Tobacco but the question here is That none must sell Tobacco without Licence of the Patentee Here my Lord of Strafford interposed That any man that will pay Imposition and Custome may bring in what Tobacco he pleases But Mr. Maynard answers That that 's more than the Tobacco is worth and if the Patentees may sell without Imposition and Custome at their own Prizes they are 2 s. a pound before any man Mr. Maynard proceeded to answer That of the Commons petitioning for regulating the King's Debts and observed That it was only that the Incumbrances on the Kings Revenue might be taken off and this is no ground that the Subject must not have his Goods because the Kings debts must be regulated nor a good service done His Majesty that when the Commons shall desire something may be done therefore this is an Argument and Justification that any thing may be done this being to stop the issues of the affections of the Kings people when what they propound shall be so far beyond their Intention besides some have been whipp'd Pillory'd and Was that the Intention of the Commons House to put such Severity pardon him if he say Cruelty upon the Subject That the Letter from His Majesty was on a Misinformation for it sayes His Majesty is given to understand the Preemption of Tobacco may be rightfully assumed Yet the known Law in England or Ireland being that any preemption may be put upon a Commodity to take it from the Subject so they have the more to answer for it that did inform it and if the Question be Who Surely out of my Lord of Straffords own Defence he himself appears to be the Man for he makes the Proposition of the Commons-House the ground of his Proceeding So it was an Arrow out of his Quiver Besides though it was to be assumed to His Majesty yet the Question is Who had the Profit the King had little in proportion to what hath been raised For the Proclamation March 13 Car. Whereas my Lord makes that in England the Example of that Issued in Ireland if that which follows may be an Example to that which goes before it may be true But the Proclamation in Ireland was in Ianuary and the Proclamation here is in March the same year Therefore that 's a great Mistake Besides if there be a Monopoly set up in England Shall that Justifie another A Crime being aggravated when it becomes an Example for when they go to the other one strengthens another and there is more Mischief to the Common-wealth And in Parliament they must be bold to say when Ill Ministers shall take on them to Vouch the Sacred Names of His Majesty to Justifie a Monopoly His Majesty is Innocent but they liable to great Punishment and the more Punishable because they Justifie it under such a Colour As to the Advertisement of it hither by the Deputy and Counsel Shall their Advertisement of what was done Unjustly make it Just Besides my Lord of Strafford takes on him the Encouragement of the Contracts for there is one Proposition that in case we remove they may have liberty to surrender their Patents which is a strong relish of my Lord of Strafford For else Why should they desire no longer to continue the Grant then they may have his Protection to Whip and Pillory Men And the truth is he is the sole Man that hath the Benefit of it and the rest are his Servants And they will desire M r Little may be examined to that point by and by He added That his Lordship had a Weak Defence else he would not have fled to such a Buckler as an Act of Parliament certified from Sir Christopher Wainsford the Deputy of Ireland that he thinks it fit to pass who was one of them that Acted at the Councel-Table so far as his part came but it was never propounded to either of the Houses And where my Lord sayes A Proclamation may be made till an Act of Parliament make it more lasting Mr. Maynard said Yet he hoped by no Law in England a Proclamation may take away the Goods of the Subject That there is a Right in Proclamation he will never speak against but it is no Temporary Law to raise a Monopoly And whereas he sayes Tobacco yields no where so good a Value as in Ireland that 's nothing to the Point of Buying that when the Subject may have 2 Shillings my Lord of Straffords Agents shall have it for 6 d and sell it again for 2 or 3 Shillings My Lord sayes The Contractors are out of Purse 6000 l. and 't is but said And that will not abate the Testimony For Kinsale the Witness being an understanding Man says That in that one Port there comes in 200 Tun and whereas it is said There comes none in a Manner in any other Port Why then hath my Lord Five Magazines of Tobacco at several places Nothing is offered by way of Defence And he that shall Justifie such things by the Commands he hath produced doth exceedingly Justifie our Complaint in that Point for were it not that by Misinformation the Subject is left Remediless at Law he might be holpen there but when my Lord of Strafford and other Great Officers there shall use the King's Name That 's our Trouble therefore their Profit And therefore though my Lord makes light of it it will come heavy at the last and is a great breach on the Property of the Subject Soleemption may be made of all things else Mr. Glyn desiring to add a Word observed That Two things my Lord of Strafford mainly insists on to Justifie his Actions First That the House of Commons desired the Revenue might be unfettered by taking
way-layed the People and took away their Yarne and Cloth and seized on what the Merchants had bought III. When any came to the Markets they went to the Houses of poor people and took up the Hutches where their Cloth lay and seized on all leaving not so much as to cover their Nakedness IV. They took away all the poor peoples Iron Pots on pretence of another Proclamation so that on this great Cruelty which exceeded Pharoes the poor Children were forced to go into the Fields to eat Grass with the Beasts of the Field where they lay down and died by Thousands If it be deny'd it will be proved by Twenty Thousand and the Iudges of Assize c. procured my Lord Lieutenant to Recall all the foresaid Proclamations Mr. Fitzgarret being Interrogated as to the Value of this Commodity to the Kingdom of Ireland He Answered That he hath known the Province of Ulster and had occasion to converse with the best of it for 24 years last past That he was for 8 years imployed in the Circuit for these parts and observed the Natives made a very great Commodity of Yarne and Linnen-Cloth That he may safely call it the Staple-Commodity of that part of the Kingdom That the Merchants buying their Yarne and transporting it to Lancaster it was a very great Commodity and many lived on it That the Proclamation and Execution of it as he was informed by a man of very good rank Impoverished the whole Province especially the Irish Natives of whom few have Lands or Estates but live as Tenants and the Lands there not yielding Wheat or Barley in abundance as other Countries they convert the best Lands to the sowing of Flax and make a very great Commodity of it That he had continual conference especially in Term-time with the best in those parts and especially Mr. Robert Braithwait Agent for my Lord of Essex and Dr. Cook of whose two Towns one is supported by this Commodity and Dr. Cook said there hath been a hundred pounds worth of Yarn in a day sold and bought in that place and by this means the Markets are wasted the People impoverished and that he the said Dr. Cook thinks in his Conscience many thousands are famished by the scarcity of Money that ensued on the seizing of this and the extremity was such that one of the Deputies of those mens authorising went into the house of a Scotchman in the parts of Ulster himself being in England or Scotland would open the Chests and used such cruelty that they thrust a stick into the Womans throat and she died of it and the man was tried for it as he was informed And so Mr. Maynard concluded the Charge supposing it to be sufficiently proved After a little respite my Lord of Strafford made his defence in substance as followeth That in this Charge he hears something tending to Oppression but nothing at all towards Treason for which he is only to answer That the intention of these Proclamations touching Yarn was certainly very good and he thinks the power very lawfully executed being but temporary to take away an abuse and make it better for the Common-wealth That he conceives not how these Proclamations should be particularly laid on him for he hath very good company goes along with him being set out by the Deputies and Council and affixed to them the Hands of my Lord Loftus the Lord Primate the Archbishop of Dublin Earl of Ormond Lord Dillon Sir Adam Loftus the two Chief Justices and others That he had rather answer all than impute any thing to any body else but he believes their Lordships will conceive he is not particularly answerable for things done by the advice of the Council as for the best That he conceives they had power to issue these Proclamations as in other things was frequent as in Drawing by the Horse tail burning the Straw and so taking the Corn from it to bring them from these Irish Customs to the English Manners So in this that their winding of Thread might be brought off with more conveniency as being of so much more value for the unwinding was as much trouble as the thing was worth so that the authority was lawful and well executed in the granting of it He craved leave to tell their Lordships wherefore it was being desirous to regulate this business more than any other thing whatsoever And it was out of that Duty and Service he did and ever should owe to the English Nation however for the present he may not be thought one he had those affections and shall have to his death to wish the Kingdom all prosperity and happiness in all the parts of it That at his coming over he did observe the Wooll of that Kingdom did increase very much that if it should there be wrought into Cloth it would be a very great prejudice in time to the Clothing trade of England and therefore he was willing as much as he might lawfully and fairly to discourage that Trade That on the other side he was desirous to set up the trade of Linnen cloth which would be beneficial there and not prejudice the trade of England But it was extreamly to his loss for he says he lost 3000 l. and the Stewards Chamber being searched and it appearing so the Accounts were delivered back again so that he conceives they had lawful power so to do till a Law might make it more certain and setled and then he is answerable for nothing in all the rest because the execution was nothing to him and the abuses of the Officers he is not to answer for of whom Croky was the principal Executor and if there was an Offender he is the greatest Offender himself and my Lord Rainalaugh tells their Lordships plainly and truly that upon complaint of the ill execution of it it was absolutely recalled and that within two years so if it were a fault he was not incorrigible but willing to amend it on the first notice For the Warrant there is nothing proved of any thing amiss in him but it goes only to second the Proclamation and that there should be assistance in the due and just execution of it only it says the Yarn shall be brought to Dublin there to be disposed of as he should direct but there is no proof of any brought to him only my Lord Rainalaugh mentions a Cart-load brought to Dublin as the fellow told him and Croky says some was brought to Dublin but he knows not how much and it was converted partly to his use partly to Carpenters but he is a single witness whereas my Lord Rainalaugh says there was taken at Athlone as he was told a Cart-load of Yarn and Sir Iohn Clotworthy says they starved by multitudes in Ulster my Lord of Strafford said he could not conceive how so little a quantity taken in Conaught should be an occasion of starving multitudes in Ulster nor the small quantities taken by Croky but if there were so
nor Horse to lye on Horseback or Foot to lye on the Kings people but on their own cost without consent And if any so do he shall be adjudged as a Traitor Mr. Palmer concluded that this hath been done and how their Lordships have heard that this hath been done by Soldiers that profess hostility brought from Garrisons the places of War in great numbers and indeed the number left indefinitely to the discretion of the Sergeant at Arms in Warlike furniture which is literally true in the case And so he concluded the Article expecting my Lord of Strafford's Defence My Lord of Strafford desired their Lordships would be pleased to give him liberty to look over his Notes and he doubted not but to give their Lordships a very clear satisfaction by the help of Almighty God After a little respite his Lordship began his Defence in substance as followeth And First He desired their Lordships would please to remember that if he proved not all things so clearly and fully the reason was obvious and plain the shortness of his time the Witnesses being to be fetched out of Ireland and he having none but such as come accidentally That the other day he read to their Lordships out of Sir Edward Cook 's Book that the Customs of Ireland are in many things different from the Customs of England That for the things done in Ireland he conceived he was to be judged by the Laws and Customs of Ireland and not by the Laws and Customs of this Kingdom and that his Commission was to execue the place of Deputy according to the Laws and Customs of that Kingdom That what hath been opened to their Lordships to be so extraordinary he must justifie as very ordinary frequent and usually exercised by the Customs of that Kingdom That in all times the Army of Ireland and the Officers and Soldiers of it have been the chief hands in executing all the Justice of the Kingdom and of bringing that due obedience to the Kings authority that 's necessary and fit and due That if they had not been so used he thinks those who know the State of Ireland will acknowledge the King's Writs had never run in Ireland they being all executed by their Power and Assistance First his Lordship undertook to make it appear that in case of bringing in Rebels and Offendors of that nature and forcing them to come in it had been the ordinary practice of the Deputy and Council before his time to Assess Soldiers not only on the party but the kindred of the partys till the party be brought in and yet it is no levying of War for all that And because his Lordship heard much speaking of Rebels and Traitors he desired to represent to their Lordships what they be viz. a company of petit loose fellows that would be here apprehended by a Constable Lord Robert Dillon was called for and my Lord of Strafford desired he might be asked whether it had not been the practice of the Deputy and Council to Assess Soldiers not only on the persons but the Septs and whole kindred of Rebels Here Mr. Palmer interposed that for saving of time if my Lord makes this the Case that Soldiers have been laid upon the Septs of Traitors or Rebels that lye out in Woods and esloigne themselves from the Kings protection whom they call Kernes Outlaws and Rebels they the Committee will admit the usage though it will not justifie the Case being expresly against Law for by a Stat. 22 Eliz. If any lye out as Traitors or Rebels five of the Sept that bears the Surname shall be Fined at the Council-Chamber but not have Soldiers laid on them and against a Statute there can be no Usuage To which my Lord of Strafford answered And these are but ordinary fellows And he desired their Lordships would clearly understand what is meant by Rebels for every petty fellow stealing Sheep and the like if the party be out in action they commonly term such Rebels Robert Lord Dillon being asked whether ordinary fellows in Ireland passed not under the name of Rebels His Lordship Answered That touching this point he hath observed that when a party hath committed some Felony or unjustifiable Act and withdraws himself into the Woods a Proclamation is made for his coming in by such a time to render himselfamenable to the Law and if he then comes not in but keeps out in commmon reputation he is accounted a Traitor or Rebel Sir Arthur Tyrringham being asked whether of his knowledge the Deputies and Council have not frequently Sessed Soldiers on Offenders and Rebels when they could not be brought forth to Justice and what is understood by a Rebel in Ireland He Answered That it hath been the ordinary practice ever since he knew that Kingdom since my Lord of Faulklands being Deputy there and hath been ever practised there both by him and the Justices that came after him That ordinary fellows be commonly reputed Rebels with this observation It is true That every man is not a Rebel at his first going out though he be called so but the course is first to proclaim them and if they be not ameneable to Law they be Rebels and so they may be for Felonies of a very small value To prove that most of the Kings Rents as well Exchequer Rents as Composition Rents have been levied by Soldiers in all the times of my Lord of Cork My Lord of Strafford desired Iohn Conley might be called for who being examined how long since he hath been in Ireland and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army He Answered to the First 15 years To the Second That he remembers it very well that in my Lord Faulklands time it was an ordinary course where the Kings Rents were due to send some Horse and Horsemen and takeup these Rents and lye on them till they were collected and taken up So in my Lord Grandisons time and in all Chichesters time and this is all he cansay Henry Dillon was called And First my Lord of Strafford desired liberty to defend the credit of his Witness as to some exceptions taken to him the other day and offered the occasion of the Order of Council-Board made against him to be only this That he said he heard some such thing said and thereupon was commanded to make an acknowledgement and to this he was invited and perswaded by my Lord Dillon for quietness sake rather than he should be troubled about so small a matter and that being granted he supposed the Gentleman stood upright and was a competent Witness in this or any other cause To which some of the Committee for the Commons answered That they except not against the hearing of him but offer to their Lordships memory his acknowledgement that he spake falsly as a weakening of his memory And then Henry Dillon being asked Whether he knew
the Kings debt it might be one of the Rents or some duty leviable by consent of the people neither did he say it was on a suit before the Deputy and therefore that will not come to the Case For that my Lord Dillon was called again touching Contribution Composition and Rents Composition-Rents fall under the same Consideration That Sir Thomas Wayneman laid soldiers is but an affirmation and expects no answer but if the Information be true he used very violent courses for it hath appeared he hanged a man without any occasion My Lord produced the Instructions of 1628. and out of them inforced that it might be lawful for him to levy Soldiers with authority but it appears by the first Article it was consented to at the writing and for the Benefit of the Subject as was before answered and that very much money was assigned for the Soldiers and it may be proved if there be occasion That there issued Acquittances to the Captains of the Company to deliver to the persons from whom the Money was due in case of payment and if they did not pay by consent Soldiers were laid and not otherwise For the Proclamation of December 1633. whereby the payment of His Majesties Rents and Revenues was ordered it recites divers Rents were behind that the surplusage would not pay the Soldiers that by want of Money the Soldiers might make irruptions on the County That according to direction to prevent inconveniencies Moneys should be levied which had Rise from the Instructions 1628. For the time of it was 1633. A Proclamation might well second that which was setled before by the Instructions If it did not pursue them surely the Proclamation was an offence in it self and then there is no justification of a Treason by a Treason but it might have been as well objected against as this in hand But it is true it hath the countenance of these Instructions But on all these there is no pretence of forcing submission to my Lord of Strafford's Orders After Usuage his Lordship observes the Testimonies produced and takes exceptions to that of Berne that the ground of his complaint was when my Lord of Strafford was in England That it was done by Pygott's Warrants who was not proved to have any Warrant from him It is true there is no full and precise proof that Pygott had his Warrant from my Lord of Strafford But though it was done after his coming for England yet if his Warrant were made before though it were executed in his absence it will lay it on my Lord of Strafford But we say the Warrant was made before and to Pygott as well as Savill One Witness says Pygott himself did vouch my Lord of Strafford to have given him his Warrant it was my Lord Lieutenants Warrant he was my Lord Lieutenants Sergeant the Soldiers were my Lord Lieutenants Troopers the Soldiers laid by Savill are by my Lord Deputies Warrant proved to be under his Hand and Seal and many Witnesses are in Savills Case produced And whereas my Lord says no Warrant was shewed if himself had not excepted against it a true Copy had been produced and if none be shewed it is his own fault but my Lord of Strafford should have shewed it if any thing was in it to qualifie the matter for it is proved he gave authority and by his authority the Soldiers were laid Whereas my Lord says this cause was not complained of Berne gives the reason he durst not complain there but came over hither to complain and hath prosecuted the complaint My Lord of Strafford was pleased to aske Ardah what he heard concerning laying of Soldiers It is true he and Savill mention the laying on Soldiers on Fitzgerard but it was for the Kings Money and they spake it not on their own knowledge but by hear-say and it was done but once and whether since the Instructions it doth not appear and if it was since then it was by consent and this Fitzgerard lay out as a Rebel and if it was done it was done under that capacity To that point a Witness was produced Mr. Kennedy being Interrogated Whether he the said Fitzgerard did did not lye in the nature of a Rebel when Soldiers were laid on him He Answered That this Fitzgerard was Sheriff in the County of Corke and failing in his Accompt at the time Process was issued on his Recognizance and he held out three or four years That he the Deponent being then the Kings Remembrancer thought it his duty to acquaint the Barons of the Exchequer that he could not be found but kept abroad in the Woods being a man of good Estate and then on acquainting my Lord of Faulkland with it a Warrant was procured to the Sergeant at Arms. Henry Dillon says nothing of the Usage but pretends one Thimbleby said he had a Warrant but whether he had a Warrant or did execute it appears not And if it be so it appears not for what time when it was nor out of what Court the Process came upon which the last Assessment was made This is all offered in matter of Fact my Lord proceeds to other justifications First That His Majesties Deputy is so qualified that he hath power to resist Rebels and secure Peace and it is true he hath power but he hath no power at all to make a War especially in time of Peace now all things are appeased there and no occasion is given of a War only that Soldiers be maintained for a Nursery of Martial Discipline but there is no occasion of Soldiers to be laid on the Kings people He alledged a Stat. 10 H. 7. that no War or Peace should be made but by the Deputies Licence and therefore he infers that by the Deputy War might be made It is true where there is hostility or Rebellion then to oppose and repress that Rebellion the Deputy may make a defensive War but to do it in time of Peace on the Kings people that are under the Government of His Majesties Laws is to make War on the Kings Subjects under His Peace and Protection and consequently on the Sovereign Power that doth protect them He would compare it with forcible Entry but the circumstances do very much diversity it from Riots or forcible Entries It is done by Soldiers that come furnished with all warlike Ammunition brought from Garrisons the places of War brought with an Officer brought in numbers and though the Lord of Strafford extenuates the numbers yet the Sergeant at Arms was unlimited So the power given to him was a vast power to take such a number of Soldiers as he should think fit His Lordship observes that the Stat. of 18. H. 6. cannot conclude him because Statutes here in England do not include the King unless he be nominated in them the Committee expected not to hear this reason That because the Kings Sacred Person is not mentioned in a Statute who cannot be within the blemish of such an offence therefore it
should not supply him THE Two and Twentieth Article The Charge 22. THat in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their assistance in a War against the Scots and gave â—ns for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Rateliffe did together with him the said Sir George traiterously conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and of altering and subverting of the fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford reâ—ited into England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then His Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the Wills of His Subjects THE Three and Twentieth Article The Charge 23. THat upon the Thirteenth day of April last the Parliament of England 〈◊〉 and the Commons House then being the representative Body of all the Commons in the Kingdom did according to the Trust reposed in them enter into Debate and Consideration of the great grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesty referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Speeches and Messages to urge the said Commons House to enter into some resolution for His Majesties Supply for maintainance of His War against his Subjects of Scotl before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a demand was then made from His Majesty of 12 Subsidies for the release of Ship money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some Supply before any resolution by them made He the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to Dissolve the said Parliament upon the 5th day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had been Members of the said House of Commons by telling His Majesty they had denyed to supply Him And afterwards upon the same day did traiterously and wickedly counsel and advise His Majesty to this effect viz. That having tryed the affections of His People He was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tryed all ways and was refused and should be acquitted towards God and Man and that He had an Army in Ireland meaning the Army above-mentioned consisting of Papists his Dependants as is aforesaid which he might imploy to reduce this Kingdom THE Four and Twentieth Article The Charge 24. THat in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and deciared before others of His Majesties Privy Council That the Parliament of England had forsaken the King and that in denying to supply the King they had given him advantage to supply himself by other wayes and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such wayes as he should hold fit and that he was not to suffer himself to be mastered by the frowardness and undutifulness of the people And having so maliciously slandered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book Entituled His Majesties Declaration of the Causes that moved him to Dissolve the last Parliament Full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons Monday April 5. 1641. THE Right Honourable the Lord Steward did this day in the first place acquaint the Gentlemen that managed the Evidence at the Bar That their Lordships had commanded him to let them know that my Lord of Strafford on Saturday in the evening gave in his Petition for the examination of my Lord of Northumberland and that he coming in so late it happened so that the Gentlemen of the House of Commons could not possibly have leave to cross examine and so the examinations are come only on one side sealed up wherefore his Lordship proposed that things might for the present be so carried as the proceedings of this day might not be hindred thereby Mr. Whitlock Answered That they shall go on according to their Lordships Order but he desired the cross-examination of my Lord of Northumberland and the Testimony of some other witnesses that are sent for and not yet come whose names they shall give in may be reserved To which my Lord of Strafford replyed That the motion is very new to him and in these things of form he may be easily mistaken and prejudiced before he is aware That to their cross-examining of my Lord of Northumberland he is very willing but for examining of Witnesses whose Names are not yet known and to have such a Latitude as to reserve supplemental proof he conceives may be hard and so appeals to their Lordships whither their Lordships will not have them name their Witnesses and assigne them a certain time within which they shall examine them And he desires likewise the examination of my Lord Keeper who is not yet examined may be reserved for him And likewise that my Lord of Canterbury may be examined he having been examined as he understood against him which if he had not been he should not have moved it and that the advantage of their two Testimonies may be reserved to him But Mr. Whitlock and Mr. Maynard thus explained it that they intend not to examine those who are not yet named in writing but to produce them viva voce and that they should take the boldness to name one of them to their Lordships and that is Mr. Sergeant Glanvile who was sent for eight days since and will be in Town to night And
these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Lawes of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Lawes to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Iesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deale to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Tokens set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your selves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the Plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those Killing Arts then our Fore-fathers were before us My Lords It is now full Two hundred and forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly least it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the publick Affaires of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self it is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur THE SPEECH OR DECLARATION Of John Pym Esq MY LORDS MAny dayes have been spent in maintenance of the
the Conscience of the Judge in giving Judgment according to them In several Countries there is not the same measure of Punishment for one and the same Offence Willful Murder in Ireland it is Treason and so is the wilfull Burning of a House or a Stack of Corne In the Isle of Man it is Felony to Steal a Hen but not to steale a Horse and yet the Judge in Ireland hath as just a Ground to give Judgement of High-Treason in those Cases there as here to give Judgment onely of Felony and in the Isle of Man of Felony for the Hen as here of Pety-Larceny My Lords in the other Consideration of using the Supreame Power the same Law gives power to the Parliament to make new Lawes that enables the inferiour Court to Judge according to the old The Rules that guides the Conscience of the inferiour Court is from without the Prescripts of the Parliament and of the Common-Law in the other the Rule is from within that Salus populi be concerned that there be no wilful oppression of any of the Fellow-Members that no more Blood be taken then what is necessary for the Cure the Lawes and Customes of the Realm as well enable the Exercise of this as of the Ordinary and Judicial Power My Lords What hath been said is because that this proceeding of the Commons by way of Bill implies the use of the meer Legislative Power in respect new Lawes are for the most part past by Bill This my Lords though just and legal and therefore not wholly excluded yet it was not the onely ground that put the Commons upon the Bill they did not intend to make a new Treason and to Condemn my Lord of Strafford for it they had in it other considerations likewise which were to this effect First The Commons knew that in all former Ages if doubts of Law arose of great and general concernments the Parliament was usually consulted withal for resolution which is the reason that many Acts of Parliament are onely Declarative of the Old Law not Introductive of a New as the Great Charter of our Liberties The Statute of Five and Twentieth year of Edward the Third of Treasons The Statute of the Prerogative and of late the Petition of Right if the Law were doubtful in this Case they perceived the Parliament where the old way is altered and new Lawes made the fittest Judge to clear this Doubt Secondly My Lords they proceeded this way to obviate those Scruples and Delayes which through disuse of proceedings of this nature might have risen in the manner and way of proceedings since the Statute of the First of Hen. 4. Cap. 17. and more fully in the Roll number 144. The proceedings of Parliament have usually been upon an Indictment first found though in Cases of Treason particularly mentioned in the Statute of 25 Edw. 3. which had not been done in this case doubts likewise might rise for Treasons not particularly mentioned in the Statute of 25 Edw. 3. whether the Declaratory Power of Parliament be taken away in what manner they were to be made and by whom they find not any Attainders of Treason in Parliament for near this 200 years but by this way of Bill and again they know that whatsoever could be done any other way it might be done by this Thirdly In respect of the Proofs and Depositions that have been made against him for First although they knew not but that the whole Evidence which hath been given at the Barr in every part of it is sufficiently comprehended within the charge yet if therein they should be mistaken if it should prove otherwise use may justly be made of such Evidence in this way of Bill wherein so as Evidence be given in it 's no way requisite that there should have been any Articles or Charge at all and so in the case of double Testimony upon the Statute of the 1 of Edw. 6. whether one direct Witness with others to circumstances had been single or double Testimony And although single Testimony might be sufficient to satisfy private Consciences yet how far it would have been satisfactory in a judicial way where forms of Law are more to be stood upon was not so clear whereas in their way of Bill private satisfaction to each mans Conscience is sufficient although no Evidence had been given in at all My Lords The proceeding by way of Bill it was not to decline your Lordships Justice in the judicial way in these exigends of the State and Kingdom it was to Husband time by silencing those doubts they conceived it the speediest and surest way My Lords these are in effect the things the Commons took into their Consideration in respect of the manner and way of Proceeding against the Earl In the next place I am to declare unto your Lordships the things they took into their Considerations in respect of the Matter and Merits of the Cause and they are comprehended within these six heads 1. That there is a Treason within the Statute of 25 of Edw. III. by Levying of War upon the Matter of the 15th Article 2. If not by actual levying of War yet by advising and declaring his intention of War and that by Savil's Warrant and advice of bringing over the Irish Army upon the Matter in the 23 Article then intending of a War if not within the clause of levying of a War in the Statute of 25th Edw 3. yet within the first Treason of compassing the death of the King 3. If either of these two single Acts is within the Statute of 25th Edw. 3. yet upon putting all together which hath been proved against him that there 's a Treason within the first Clause of Compassing the death of the King Et si non Prosunt singula juncta juvant 4. That he hath Sessed and laid Soldiers upon the Subjects of Ireland against their Will and at their Charge within the Irish Statute of the 18th year of Hen. 6th that both Person and thing are within the Statute That the Statute remains in force to this day that the Parliament here hath cognizance of it and that even in the ordinary way of Judicature that if there be a Treason and a Traitor that the want of Jurisdiction in the judicial way may justly be supplied by Bill 5. That his endeavouring to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce a Tyrannical Government against Law is Treason by the Common-Law That Treasons at the Common-Law are not taken away by the Statute of 25th Edw. 3. 1 Hen. 4th c. nor any of them 6. That as this case stands it 's just and necessary to resort to the Supream Power in Parliament in case all the rest should fail Of these six five of them are Treason within the compass of the Laws already established Three within the Statute of 25th Edw. 3. and one within the Irish Statute the other by the Common-Law of
year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King Iames His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end 2. In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savill for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the Kings Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more than sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-Bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of His Majesties Subjects and the Laws In the 23 Article having told His Majesty that he was loosed and absolved from Rules of Government and might doe every thing which Power might admit he proceeded further in speech to His Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practice an advice to Levy War and by force to oppress and destroy His Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the Kings Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen 6. fol. 49. there adjudged That the conspiring and aiding to counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet it is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Hen. 4th one Balshal coming from London found one Bernard
ad fidem legem Angliae The Irish without the Pale were enemies always either in open act of Hostility or upon Leagues and Hostages given for securing the Peace and therefore as here in England we had our Marches upon the frontiers in Scotland and Wales so were there Marches between the Irish and English Pale where the Inhabitants held their Lands by this tenure to defend the Countrey against the Irish as appears in the close Roll of the Tower in the 20th year of Edw. 3. membrana 15. on the backside and in an Irish Parliament held the 42 year of Edw. 3. it 's declared That the English Pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but only that the Owners reside upon their Lands for defence and that absence should be a forfeiture This Act of Parliament in a great Council here was affirmed as appears in the close Roll the 22 year of Edw. 3. Membrana 20 dorso Afterwards as appears in the Statute of 28 Hen. 6th in Ireland this Hostility continued between the English Marches and the Irish Enemies who by reason there was no difference between the English Marches and them in their apparel did daily not being known to the English destroy the English within the Pale Therefore it is enacted that every English-man shall have the hair of his upper Lip for distinction sake This hostility continued until the 10th year of Henry the 7th as appears by the Statute of 10 H. 7th and 17th so successively downwards till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap. Nay immediately before and at the time of the making of this Statute there was not only enmity between those of the Shire-ground that is the English and Irish Pale but open War and acts of hostility as appears by History of no less Authority than that Statute it self for in the first Chapter of that Statute is the Attainder of Shane Oneale who had made open War was slain in open War it 's there declared That he had gotten by force all the North of Ireland for an hundred and twenty miles in length and about a hundred in breadth that he had mastered divers places within the English Pale when the flame of this War by his death immediately before this Statute was spent yet the Firebrands were not all quenched for the Rebellion continued by Iohn Fitz-Gerard called the White Knight and Thomas Gueverford this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High Treason for levying of War this Eleventh year wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being War between those of the Shire-grounds mentioned in this Statute and the Irish the concluding of War and Acts Offensive and Invasive there mentioned can be intended against no others but the Irish Enemies Again The words of the Statute are No Captain shall assemble the people of the Shire-grounds to conclude of Peace or War Is to presume that those of the Shire-grounds will conclude of War against themselves Nor with the Statute Shall carry those of the Shire-grounds to do any Acts Invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly The words are That as Captain none shall assume the Name or Authority of a Captain or as a Captain shall gather the people together or as a Captain lead them the offence is not in the matter but in the manner If the Acts offensive were against the Kings good Subjects those that were under Command were punishable as well as the Commanders but in respect the Soldiers knew the service to be good in it self being against the enemies and that it was not for them to dispute the Authority of their Commanders the penalty of 100 l. is laid only upon him That as Captain shall assume this Power without Warrant the People commanded are not within this Statute My Lords The Logick wherupon this Argument is framed stands thus because the Statute of the Eleventh year of Queen Elizabeth inflicts a penalty of 100 l. and no more upon any man that as a Captain without Warrant and upon his own head shall conclude of or make War against the King's Enemies Therefore the Statute of the Eighteenth year of Henry the 6th is repealed which makes it Treason to lay Soldiers upon or to levy War against the Kings good People But my Lords Observation hath been made upon other words of this Statute that is that without Licence of the Deputy these things cannot be done this shews that the Deputy is within none of the Statutes My Lords This Argument stands upon the same reason with the former because he hath the ordering of the Army of Ireland for the defence of the people and may give Warrant to the Officers of the Army upon eminent occasions of Invasion to resist or prosecute the Enemy because of the danger that else might ensue forthwith by staying for a Warrant from His Majesty out of England My Lords The Statute of the 10th year of Henry the 7th chap. 17. touched upon for this purpose clears the business in both points for there is declared That none ought to make War upon the Irish Rebels and Enemies without Warrant from the Lieutenant the forfeiture 100 l. as here the Statute is the same with this and might as well have been cited for repealing the Statute of the 18th year of Henry the 6th as this of the 11th year of Queen Elizabeth But if this had been insisted upon it would have expounded the other two clear against him Object My Lords it hath been further said although the Statute be in force and there be a Treason within it yet the Parliament hath no Jurisdiction the Treasons are committed in Ireland therefore not triable here Answ. My Lords Sir Iohn Parrot his Predecessor 24 Edw. was tryed in the Kings Bench for Treason done in Ireland when he was Deputy and Oruche in the 33 year of Queen Elizabeth adjudged here for Treason done in Ireland Object But it will be said these Tryals were after the Statute of the 34th year of Henry the 8th which enacts that Treasons beyond Sea may be tryed in England Answ. My Lords his Predecessor my Lord Gray was tryed and adjudged here in the Kings-Bench that was in Trinity Term in the 33 year of Henry the 8th this was before the making of that Statute Object To this again will we say That it was for Treason by the Laws and Statutes of England that this is not for any thing that 's Treason by the Law of England but an Irish Statute So that the question is only Whether your Lordships here in Parliament have cognizance of an offence made Treason by an Irish Statute
not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traitor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgement I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6. My Lord of Strafford hath offended against both the Kingdoms and is guilty of High Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away Englands but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if His Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Iudges they shall not proceed to Iudgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings death Levying War Counterfeiting the Money or Great Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 Therebe two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quotîes the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen M. cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or the Declaration of Treason and no others And further provides That no pains of death penalties or forfeiture in any wise shall ensue for committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others refer still to offences made Treason by Act of Parliament they restrain not to the Treasons only particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason as appears by the words immediately foregoing By the Second Part for the peins and forfeitures of Treasons if it intend only the punishment of Treason or if it intend both Treason and Punishment yet all is referred to the Provision and Ordinance of 25 Edw. 3. any Act of Parliament or other Declaration or thing notwithstanding It saith not other then such Penalties or Treasons as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned no it refers all Treasons to the general Ordination and Provision of that Statute wherein the Common Law Treasons are expresly kept on foot If it be Asked What good this Statute doth if it take not away the Common Law Treasons 1. It takes away all the Treasons made
and Statutes made by these our Ancestors they are the Rules we go by in other Cases Why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships Upon the Close of Mr. St. Iohns Speech the House Adjourned nor was there one word spoken but by Master St. Iohns onely the Lord Lieutenant used the last part of his Rhetorick and by a dumb Eloquence Manibus ad sydera tensis often holding up his hands towards Heaven all along Mr. St. Iohns Speech made his Replies with a deep silence Upon Fryday April the 30th he Petitioned the Lords to be heard again alleadging That his Lawyers had not fully spoken at their last meeting but this was denyed him because the House of Commons were to have the last Speech nor were they content to speak again The following SPEECH of Mr. Glyns is by a Mistake Misplaced for it ought to be next to my Lords Summary of the Evidence Mr. GLYN'S REPLY TO THE Earl of Strafford's DEFENCE My Lord of Strafford having concluded the Recapitulation of his Evidence Mr. Glyn applyed himself to their Lordships in manner following May it please your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any we shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Laws of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hath made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships looking upon your Notes and observing his recollection that he hath used the repetition of Evidence on both sides in such manner as you know who useth Scripture that is to cite as much as makes for his purpose and leave out the rest And likewise that in repetition of the Evidence he hath mis-recited plainly very much of the proofs on both sides and likewise hath pretended some proofs to be for his Defence which indeed were not and he hath taken this farther advantage when it makes for his Defence he hath disjoynted the Proofs and Testimonies and severed them asunder that it might appear to your Lordships like Rain falling in drops which considered in distinct drops bring no horror or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the face of the earth He would not have your Lordships look on those Testimonies together but distinctly and asunder which being put together look horrid as will appear to your Lordships when you duly consider of them These be the general observations which in my Answer I doubt not but to make good But before I shall enter into observations of what he hath spoken I shall answer in general to some things which he hath in general alledged In the first place he hath made a flourish this day and several other days in the way of his Defence That if he could have had longer time he could have made things appear clearer and have produced more proofs Give me leave to inform your Lordships that he is no way streightned of time for he hath been charged above three months since he knew what was laid to his Charge and therefore his pretence of want of time and of his disabilities to make better proofs are but flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though he fetched it from Ireland there is not one wanting he hath copies of Papers from the Council-Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that flourish that if he had had time he could have made it more clear My Lords He hath mentioned often this day and oftner the days before That many of the Articles laid to his charge are proved but by one Witness and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for High Treason without two witnesses My Lords This is a fallacy known to his own breast I doubt not and not taught him by any of his Counsel or others Learned The Treason laid to his charge is The subverting of the Laws the Evidence is the Article proved and though some one Article appears to be proved but by one yet put the Evidence together you shall never find it to be within the words or meaning of the Statute for the Charge is proved by a hundred Witnesses and because one part of the Evidence is proved only by one Witness since when you put them together you will find a hundred Witnesses it is not within the words nor meaning of the Statute neither will his Counsel direct him to say so I am confident My Lords another observation I shall be bold to make is that he was pleased to cast an aspersion as we must apprehend upon them that are trusted by the House of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved He might have pleased to have spared that language we stand here to justify our selves that we do not use to express any language
talk of an Arbitrary Government look upon these Orders here is an Arbitrary Government and yet when he produced the Orders they appeared to have so much justice and discretion in them that he can lay nothing to the charge of them though in a passion he is not backward to asperse them My Lords If this Lyon to use his own language now that he is chained and muzled under the restraint and question of High Treason will here take the boldness to vent this Language and express this Malignity How would he doe if he were unchained How would he devour How would he destroy c. My Lords Something concerns your Lordships your Lordships remember that he was not backward in his own answer to fix a Charge of High Treason upon the Lords of the Great Council and howsoever he hath affirmed this day I must open it again That the Charge of the Seven and twentieth Article he fixes in his Answer to be by consent of the Lords of the Great Council though he hath since recanted it and yet you have heard him alledge that he will stand and fall by the truth of his answer My Lords I am now at an end You have my Lord of Strafford here questioned for High Treason for going about to subvert the Fundamental Laws of both Kingdoms in defence whereof your noble Ancestors spent their Lives and Bloods My Lords you are the Sons of those Fathers and the same Blood runs in your veins that did in theirs and I am confident you will not think him fit to live that goes about to destroy that which protects your Lives and preserves your Estates and Liberties My Lords You have the complaints of Three Kingdoms presented before you against this great person whereby your Lordships perceive that a great storm of distemper and distraction hath been raised that threatens the ruine and distraction of them all The Commons with much pain and diligence and to their great expence have discovered the Ionas that is the occasion of this Tempest They have still and will discharge their Consciences as much as in them lies to cast him out of the Ship and allay this Tempest They expect and are confident your Lordships will perfect the work and that with expedition lest with the continuance of the storm both Ship and Tackling and Mariners both Church and Common-wealth be ruined and destroyed Saturday May 1. 1640. The King came to the House of Lords and sent for the Commons thither and made this Speech to both Houses I Had not any intention to speak of this business which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this THAT in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publique Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfy justice and your own fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you that to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chaulk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons as soon a they returned seemed to be much discontented with what the King had spoken and immediately Adjourned till Monday following on which day being the Third of May Mr. Pim makes known to the House that there are divers Informations given of desperate Designs both at home and abroad against the Parliament and the Peace of the Nation and that the persons engaged in it are under an oath of Secresie that there is an endeavour to disaffect the Army not only against the proceedings of the Parliament but to bring them up against the Parliament That there is a design upon the Tower that there is an endeavour for the Earl of Strafford to escape That those Combinations at home have a Correspondency with practises abroad and that the French are drawing down their Forces in all hast to the Sea-side and that there is cause to fear their intent is upon Portsmouth That divers persons of Eminency about the King as by good Information appears are deeply ingaged in the Plot That it is necessary the Ports be stopt and that His Majesty be desired to Command that no person attending upon the King Queen or Prince do depart without leave of His Majesty with the humble Advice of His Parliament The Commons hereupon fell into serious debate of this matter and the same day came to a Resolution of taking a Protestation which was accordingly taken by the Speaker and about 300 Members then present Man by Man WE the Knights Citizens and Burgesses of the Commons-House in
yet by his Speeches full of Oaths and Asseverations that we were Traitors and Rebels casting off all Monarchical Government c. He extorted from them four new Subsidies indicta causa before we were heard procured that a War was undertaken and Forces should be levied against us as a rebellious Nation which was also intended to be an example and precedent to the Parliament of England for granting Subsidies and sending a joynt Army for our utter ruine According to his appointment in Parliament the Army was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion Liberties and Laws and thereby laying upon us a necessity of vast charges to keep Forces on foot on the West Coast to wait upon his coming And as the War was denounced and Forces levied before we were heard So before the denouncing of the War our Ships and Goods on the Irish coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts by which they did take some and burn others of our Barques Having thus incited the Kingdom of Ireland and put his Forces in order there against us with all hast he cometh to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I return to that Honourable Sword I shall leave of the Scots neither root nor branch How soon he cometh to Court as before he had done very evil Office against our Commissioners clearing our proceedings before the point So now he useth all means to stir up the King and Parliament against us and to move them to a present War according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designs succeeded not that way in his nimbleness he taketh another course that the Parliament of England may be broken up and despising their Wisdom and Authority not only with great gladness accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as General Captain with power to invade kill slay and save at his discretion and to make any one or more Deputies in his stead to do and execute all the Power and Authorities committed to him According to the largeness of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their Declarations sent before them were coming in a peaceable way far from any intention to invade any of His Majesties Subjects and still to supplicate His Majesty for a setled Peace he gave order to his Officers to fight with them on the way that the two Nations once entred in Blood whatsoever should be the success he might escape Trial and censure and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms When the Kings Majesty was again enclined to hearken to our Petitions and to compose our differences in a peaceable way and the Peers of England convened at York had as before in their great wisdom and faithfulness given unto His Majesty Counsels of Peace yet this Firebrand still smoaketh and in that Honourable Assembly taketh upon him to breath out threatenings against us as Traitors and enemies to Monarchical Government and threatened that we be sent home home again in our blood and he will whip us out of England And as these were his Speeches in the time of the Treaty appointed by His Majesty at Rippon that if it had been possible it might have been broken up So when a cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for War his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to pass that the Ports of Ireland are yet closed our Countreymen for the Oath still kept in Prison Traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiary upon these and the like offences not against particular persons but against Kingdoms and Nations may be put to a Tryal and from their known and renowned Justice may have his deserved punishment THis Noble Earl was in person of a tall stature something inclining to stooping in his Shoulders his Hair black and thick which he wore short his countenance of a grave well composed Symetry and good Features only in his Forehead he exprest more Severity than Affability yet a very courteous Person And as he went from the Tower to the Scaffold his Countenance was in a Mild posture between dejection in contrition for Sin and a high Courage without perceiving the least affection of disguise in him He saluted the People as he walked on foot from the Tower to the Scaffold often putting off his Hat unto them sometimes to the right and sometimes to the left hand being apparelled in a Black cloth Suit having White Gloves on his Hands And tho at this time there were gathered together on the great open place on Tower-Hill where the Scaffold stood a numerous croud of people standing as thick as they could by one another over all that great Hill insomuch as by the modest computation they could not be esteemed to be less than 100000 people yet as he went to the Scaffold they uttered no reproachful or reflecting Language upon him He had Three Wives the First the Lady Margaret Clifford Sister to the Earl of Cumberland who left no issue The Second the Lady Arabella Hollis Sister to the Earl of Clare who left him his only Son William now Earl of Strafford and Two Daughters The Third Wife was Daughter to Sir Francis Rhodes of Yorkshire by whom he had one Daughter an Infant at the time of his death On the First of December in the 17th year of the Kings Reign by His Majesties Letters Patents his Son William was restored to all his Fathers Dignities and Titles and was made Knight of the most Noble Order of the Garter having doubled his Paternal Glorys and his own by marrying the worthy Daughter of two incomparable Parents Henrietta Maria the Daughter of Iames Earl of Darby and Charlotte Daughter of Claude Duke de Temoille and Charlotte of Nassaw Daughter to William Prince of Orange A brief Account of his Secretary Slingsby MR. Slingsby his Secretary after the death of this Noble Lord presently left the Kingdom and was received beyond the Seas into the Queens favour and by Her
for the most part Papists tending to the subversion of the Fundamental Laws in England 517 Article XXIII read Wherein he is changed with Words That His Majesty having tryed the Parliament he was loose and absolved from all Rules of Government and was to do every thing that Power would admit c. 518 Article XXIV Read charging him that he declared that the Parliament had forsaken the King in denying to supply him and that the King was not to suffer himself to be mastered by the frowardness of the People 519 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 520 to 581 Article XXV read Charging the Earl that the Lord Mayor and Aldermen refusing to certify the Names of such Citizens as were able to lend Money he said they deserved to be put to Fine and Ransome and some of the Alderm hanged up 582 The Charge opened by Mr. Maynard 583 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 583 to 587 Article XXVI read Charging him that he did approve of two wicked Projects to seize upon the Bullion and Money in the Mint and embase His Majestys Coyn with a mixture of Brass c. 589 The Charge opened by Mr. Maynard 590 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply 590 to 597 c. Article XXVII read Wherein the Earl is charged that he did by his own Authority impose a Tax on His Majestys Subjects for the payment of the Soldiers and caused the same to be levied by force 600 The Article opened by Mr. Maynard 601 The Petition of the Gentry of York read as Evidence 602 Names of Witnesses their Evidence Exceptions taken Interlocutory passages Defence and Reply as to that Article 603 to 627 More passages Interlocutory 629 to 632 Attainder see Act and Bill Bill brought in for continuance of the Parliament 743 Bill of Attainder and Bill for Continuance of the present Parliament passed the Lords House 755 Bill to be drawn up for the Pressing of Mariners 755 A. Bishop of Canterbury settles an inviolable friendship with the Earl 769 The Bishops decline giving their Suffrages in matters criminal 41 Bishops enabled in Ecclesiastical affairs by Warrant from the Earl of Strafford see Art 9. 236 Bishops Iudges c. sent for to attend the King at Whitehall the day before His Majesty consented to pass the Bill of Attainder 756 Bullion in the Mint to be seized see Art 26. 589 C. CLosets placed in Westminster-Hall whither the King Queen and Prince retired 41 Commissioners of Scotland to bring in their proofs against the Earl 18 Commissions granted to the Earl of Worcester and his Son for levying of Horses to be drawn into the Charge against the Earl of Strafford 19 Committee appointed to be present at the private Examination of Witnesses 6 Committee touching the Examination of Members named 14 15 16 A select Committee of both Houses appointed to meet at a Conference concerning the Trial of the Earl 33 Commons House approves of the Petition delivered by certain Peers to the King at York for the calling of a Parliament 6 Right of the Commons in the proceedings in the Lords House in Cases of Impeachment to be considered of by a Committee 21 The Commons to meet only as a Committee of the whole House at the Trial of the Earl and in the House constantly at two of the clock in the afternoon during the time of Trial 42 Names of the Members of the House of Commons who are desired to be present as Witnesses at the Trial of the Earl 44 Conference That all the Ports in Ireland be open 4. Conference about sending for Sir George Ratcliffe a Member of Parliament in Ireland 4 Conference about disbanding the new levied Irish Army 18 Conference to Sequester the Earl from his Offices 20 Conference as to place of Trial as to the persons present as to Conncil and management of the Evidence 34 to 37 Conference is desired with the Lords to know to what purpose the Earls Council should be heard 47 Council of the Earl concerning matters of Law to be to morrow heard in Westminster-Hall 47 In Criminal matters the Bishops decline giving their Suffrages 41. Interlocutory passages about admitting Sir Pierce Crosby to be examined 109 Customs Farmed for the Earls use see Art 10. 241 D. LOrd Digby goes up to the Lords to desire a free Conference concerning Articles against the Earl 9 His Speech to the House of Commons to the Bill of Attainder 50 Sir Kenelm Digby to be removed from Court 42 Lord Dillon's Case of Ireland to be reported by the Committee 19 E. LOrd Viscount Ely his Case in Ireland to be reported by the Committee 19 The Evidence against the Earl to be managed by a Committee of the House of Commons 32 Evidence offered by the House to the Committee to corroborate the latter part of the 23 Article 45 Evidence for the Earl to be recollected by him to morrow which done the managers are to state their Evidence 47 Examinations taken before the Lords to be delivered to the Commons appointed to draw up the Charge against the Earl 19 Examination of the Lord Primate of Ireland debated 44 Exceptions by the Earl and other unnecessary delays to be prevented 43 Exceptions taken by some Members to the Lord Digby's Speech 55 F. FIne and Ransome to be put upon those who refuse to lend Money see Art 25 582. Flax a great quantity thereof in the Earl of Straffords hands c. see Art 13. 416 Forces made use of to Levy Money see Art 25. 426 Forces in Wiltshire Hampshire Kent and Sussex be drawn towards Portsmouth and Dover 740 G. MR. Glyn's Reply 706 to 733 Gondamore an Agent from Spain a sower of Seeds of Distraction among us 765 Col. Goring his Examination 746 His Vindication by Vote of the House 755 H. EArl of Holland General of the Army 751 Lord Hollis his Speech to the Lords to promote the taking a Protestation 741 Hubub in the City that the House was beset and in danger I. IMpeachment against the Earl read 101 He is declared an Incendiary of the War with Scotland see Art 20. 515 The Introductive Speech of Mr. Pym as to the Preamble of the Earls Answer 102 to 109 Petitions and Complaints from Ireland there reported by Mr. Whistler 10 Irish Affairs to be considered of by a Committee of the whole House 1 Irish Remonstrance reported by Mr. Whistler 7 Irish Remonstrance read 11 12 13 New levied Irish Army a Conference about disbanding them 18 42 Irish Army consented by the King to be disbanded 756 Irish Army words spoken c. tending to the bringing the same into England 46 725 E. EArl of Kildare his Case of Ireland to be reported 19 The King declares the Ports in Ireland to be open 6. King Queen and Prince come to their private Closets placed in
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8
9 Free Conference concerning the said Articles 9 A select Committee agreed upon for the Examination of Witnesses concerning him 10 Members of both Houses to be examined concerning him 14 15 16 Parliament of Ireland their Petition to the King against him 15 Sir George Ratcliffe not to speak with him 15 Scotch Commissioners to bring in their charge and Proofs against him 18 See the Charge 769 Conference to Sequester him from his Offices 20 Debate about admitting him Council at his Trial 21 His Answer read containing 200 sheets of Paper 22 Abstract of his Answer to the 28 Articles 22 unto 30 The Evidence against him to be managed by a Committee of the House of Commons 32 No Replication to be put in unto his Answer ibid. The Commons aver the Charge against him and will manage the Evidence by Members of their own the Names of the Members to that purpose appointed 33 A Committee of 48 of the Commons appointed to meet a Committee of 24 of the Lords at a free Conference concerning his Tryal 33 Conference as to place of Tryal Persons present Council and management of Evidence against him 34 unto 37 Protestation entred in the Lords House denying that they did approve of his raising Money in Yorkshire 37 38 Resolved that the Commons be present as a Committee of the whole House at his Tryal c. 38 Some Members appointed to view the place for his Trial 39 His Petition to examine some Members of this House read 40 The manner of his coming to his Tryal in Westminster-Hall 41 The manner of bringing him into the Hall the Ax not being suffered to be carried before him till after Tryal 41 Suffrages in matters criminal declined to be given by the Bishops entring their Protestation c 41 The House to meet at Two in the afternoon constantly during the Tryal 42 His Exceptions and frequent Adjournment of the Lords House occasioned thereby with other unnecessary delays reported how to prevent the same 43 A Peremptory day to be appointed for him to conclude his Tryal 44 Both Houses agree that if the Earl come not to morrow the Commons may sum up their Evidence and conclude 45. Resolved by the Lords that to morrow be recollect his Evidence which being done the Managers are to state theirs 47 The Act of Attainder read a Second time and referred to a Committee of the whole House ibid. The Council appointed by the Lords to be here to morrow morning concerning matter of Law 47 Resolved that it is sufficiently proved that he hath endeavoured to subvert the antient and Fundamental Laws of the Realms of England Scotland and Ireland and to introduce Arbitrary and Tyrannical Government against Law 48 Lord High Steward his Speech unto him the first day of Tryal 101 The Impeachment against him read 101 The-Speech Introductive of Mr. Pym concerning the Preamble to his Answer 102 Lord Digby's Speech to the Bill of Attainder 50 Names of Witnesses their Evidence Exception taken Interlocutory Passages Defence and Reply 109 c. Sentence against the Lord Montnorris read 187 Some Interlocutory Passages and Speeches in the Petition of Right made by him in Parliament much notice thereof being taken by the Court 763 His Confinement in Kent for refusing Lone-Money 763 Complained of at Court for frequenting Archbishop Abbots Table with Sir Dudly Digs c. 764 Sentence against the Lord Montnorris read 187 Earl of Straffords Summary Account of his Evidence 633 to 660 The Speech of Mr. Pym thereupon 661 to 674 Mr. Glyn's Reply to the Earls Summary of his Evidenee 706 to 733 King's Speech in favour of the Earl 734 The Earls Letter to him to set His Majesties Conscience at Liberty 743 Concerning an endeavour for the Earl to escape out of the Tower 746 Sir John Suckling voted Guilty of Treason 754 The Earl brought to the Scaffold his Speech then 759 Copy of the Paper containing the heads of his last Speech written with his own Hand and left on the Scaffold 760 He desires before he dies to speak with the Archbishop of Canterbury but refused 762 He sees the Archbishop the next morning at his window as he was going to the Scaffold and desires his Blessing 762 He went to the Scaffold more like a General at the Head of an Army after obtaining Conquest in Battel than like a man going to execution by Death 762 His Instructions to his Son in Writing ibid. A Description of his Person and an account of the Noble Relations to his Family 772 A brief Account of his Secretary Mr. Slingsby and of his death by having his Legs cut off above the knees 773 His Letter to his Secretary before his death 774 The King's Reflections upon the Earls death 775 T. TAx imposed on the Subjects see Art 27 598 Tobacco made a Monopoly see Art 12. 402 Westminster-Hall the place of Tryal appointed to be viewed by Members 39 The fitness thereof reported by Sir John Culpeper ibid. The First day of Tryal March 22. 1640. 101 102 c. The manner of his coming to Tryal 41 U ULster the place of Rendezvous for the Irish Army in fight of Scotland 769 Ungirding of the Scotch Army 770 W SIr Christopher Wandesford made Lord Deputy of Ireland by the Earl 769 Warrant given to Officers of the Ecclesiastical Courts to Attach and commit persons see Art 9. 236 Warrant produced 237. Sir Richard Weston Lord Treasurer first courted the Earl after the Dissolution of the Parliament 4 Car. 1. 768 Sir Iohn Winter to be removed from Court 42 Some Lords desired to be made use of as Witnesses 49 Earl of Worcester and his Sons Commission for levying of Forces to be drawn into the charge of the Earl of Strafford 19 Words spoken tending to the bringing of the Irish Army into England 46 725 Words wherewith the Earl was charged in several Articles of Impeachment see Art FINIS See Historical Collections the First Part. Pa. 500. Resolved to Accuse the E. of strafford of High Treason Report of the Message of High Treason Message of Sequestration of E. of Strafford The Lord Keeper to the E. of Strafford Message from the Lords Conference that Ports of Ireland shall be open Committee how to send for Sir George Ratcliff Mr. Speaker to sit at the Grand Committee for Irish Affairs Irish Affairs Committee concerning the Earl of Strafford Resolutions thereupon Sir Robert King to be sent for Expedition Mr. Treasurer Reports the Message from the King No Member to visit the Earl of Strafford without leave Message to the Lords for a Committee to examine Witnesses Approbation of the Lords Petitioners for a Parliament Petition to be Entred Speedy examinations against the Earl of Strafford by Members of both Houses Committee to search Attainders Report Irish Remonstrance Book of Petitions sent for over Warrants for Taxes upon Tobacco Entries of Impositions Articles against the Earl of Strafford Articles to be engrossed Conference concerning the Earl of Strafford's Articles
Revenue nor as I conceive ever came into Accompt nor was paid into the Exchequer as will appear on the Fifteenth Article but was a Gift of the Country and applyed to the Kings Occasions and that determined the Revenue fell short 20000 l. of the Charge Besides when I came into Ireland the Crown was extreamly indebted above as I think not to stand on particular sums and pence 100000 l. Sterling And by the Gentleman 's own saying when I came out of Ireland I left 100000 l. in the Kings Coffers And if any ask where the Accompt for the Subsidies is There is 100000 l. Debt paid 100000 l. left in the Kings Coffers For it appears by Sir Adam Loftus that there was 100000 l. in the Exchequer when I came from thence There was 15000 l. employed for buying Land that yields the King 2000 l. a year And so much of my Lord of Ormond as yields 2500 l. a year So that the Accompts will shew the bestowing of the Subsidies with as much Advantage as might be for the Kings Service That the Revenue was short I could make appear clearly The occasion that no money came out of the Exchequer was accidental by a Contribution of the Country no Revenue of the Kings And if that had not been supplyed there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue and that is the point wherein I differ from the Gentleman his meaning being That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom And I desire that Sir Adam Loftus and Sir Robert Dillom may be examined upon such questions as shall be propounded in this point Your Lordship may examine them but not upon Oath I will not displease but perfectly obey in every thing It will not be denied but the Revenue is increased by such means as my Lord of Strafford hath increased it by yet it was not the natural Revenue but the additional part that came in by the Bounty of the Country that supported the Charge many years before my Lord of Strafford came So that if it be said Ireland supported not it self before he came thither in the general sense it is untrue if it be said in a special sense that the Kings proper Revenue did not support it that his Lordship says is true Whence I infer that it was not much material to insist on this for I meant it so and it is plain and clear that the Kings Revenue there was not able to bear the Charge of that Kingdom by very near 23000 l. or 24000 l. a year And it is now able to bear its own Charges and yet there is an increase of Charge by 600 Horse by which the Army is stronger than it was And whereas it is said I was short in the Shipping I affirm that under favour I was not It is true that in the time of the late Justices my Lord of Corke and my Lord Loftus the last years Charge of the Shipping was paid forth of Ireland But it is as true that when the Kingdom underwent the Charge they lessened the Charge of the Kings Army by striking 500 off from the Army and transferred the Charge of their pay to the easing of the Kings Revenue on the Navy But that Charge being now increased again and brought to the former certainty I conceive I might truly say There was in my time an ease to the Crown of England all things considered which formerly it had not It being not with the prejudice of the Kings Service elsewhere or lessening the standing Army which in all times hath been the strongest support of the Kings Justice and Ministers there and which it deeply concerns the Crown of England to keep in such a Condition that they may be responsible to the King for the Services he shall Command So that though the Shipping Charge was paid the last year yet so paid that the Kings Army was weakened 500 Foot whereas now it is paid and the Kings Army raised to a certainty again and a Change is made to the better for instead of 500 Foot there is 600 Horse And that I say my Lord of Corke remembers very well there being Letters of his That Sir Pierce Crosby his Regiment should be put off and the money for maintenance thereof should go to defray the Charge of the Kings Ships for guard of the Coast. And yet the Charge is much more now than it was for the Charge was then only two Whelpes as my Lord Mountnorris said And now there be three Ships The Swallow a Ship of the Third Rank and two lesser Vessels so that I conceive my Answer in my sense was true For the matter of having money out of the Exchequer I conceive my Answer to contain no matter of Untruth for I had out of the Exchequer only 15000 l. and for that the King will be answered 2000 l. a year good Fee-farm Rent in lieu of it which he thought was no ill bargain It is true I say the money spoken of by Sir Adam Loftus was borrowed on my own and Sir George Ratcliffes Bond to be paid upon sight At that time I praise God I had Credit for 20000 l. and at this time I thank God for that too I have not Credit for 20 d. Gods Will be done I obey it But this money is honestly and justly paid Where is the Crime then might not I borrow of a Gentleman that would trust me with money but it must be an Offence It is true it was of the Kings money but the King had no use for it at that time Had not I made use of it it must otherwise have lain in the Exchequer and yielded no profit and besides I borrowed it of one that was Accomptable for it But since I am put to it I will shew that which will clear it from being a Crime indeed which according to the Duty I owe unto His Majesty my Master his Command hitherto have I kept private to my self And that is the Kings Warrant being all of His own Hand writing Sir Adam Loftus being then Vice-Treasurer and now demanded the question Whether that Warrant was produced to him at the borrowing of the money confessed that my Lord of Strafford never told him of the Warrant The Warrant was read containing a Licence to make use of 40000 l. of His Majesties Treasure now in the hands of His Majesties Vice-Treasurer for three years Provided that for Security there be always left in the hands of the Comptrollers a Stock of Tobacco amounting to 40000 l. at the least with a direction to conceal this particular favour to him that it might not be brought into precedent There was accordingly so much Tobacco left But by what Law I know not The Magazines are seized on by Order from the Commons House of Parliament my Goods possessed and given over to others to sell at their own prices my
people imprisoned as if they had been Traytors Goods and as if an Inquisition had been found upon me as a Traytor And this is my Misfortune to be very hardly dealt withall by the Commons House there to say no more And whereas by the Kings Goodness I had liberty to take 40000 l. I took but 24000 l. And where I had liberty to take it for three years which expires not till Michaelmas next I paid it in long before the time And by this one particular I hope it will appear to Your Lordships and the Gentlemen of the House of Commons how Noble it will be to believe Charitably of me till they hear all can be said for I trust in the whole course of this Trial to appear an honest man And whereas I said I never had but 15000 l. out of the Exchequer and yet had 24000 l. borrowed as aforesaid The King Commanded me I should not take notice of His gracious Favour and therefore I conceive that in Duty to my Master I ought not to have taken notice of it otherwise my Answer should have clearly and plainly exprest it I never having Disobeyed His Majesty nor by the Grace of God never will For the 7000 l. for the Guard of the Irish Coast that was mentioned already and I shall not need to Answer it further To the point of restoring the Possessions of the Church in a great measure I say there was not only a Restitution but a Preservation by an Act of Parliament for preserving the Possessions of the Church from being mis-used by the present Incumbent to the prejudice of the Successors which Act I wish were in England But that I conceive not to be Controverted but granted me But it is said The Possessions of the Church were restored in an Illegal way to please my Lord of Canterbury To which I Answer The Gentleman indeed spake it but there is no proof of it neither hath he offered any proof and till it be proved I conceive it not fit to trouble Your Lordships with Answering it I have done nothing in Church or Common-wealth but Justly and Uprightly Albeit I conceive it a hard case that having the Honour to be the Kings Deputy sitting in Council where there be Twenty who Voted as well as my self That I should be noted to Answer for them all though I did constantly submit my self to the Major part And as to my Lord of Canterbury I beseech Your Lordships to think That what I have done for the Church of Ireland was out of a faithful Conscience to God Almighty out of a desire to increase the Religion I Profess and which I will witness with my Blood by the Blessing of Almighty God if there should be occasion And when I have done it with respect to that Piety of His Gracious Majesty which I would faithfully pay Him I desire it may not be put upon me as done in an respect only to my Lord of Canterbury where no such thing is proved No I did it out of Conscience my Duty to God to the King and to the People that they might be instructed in the way to Eternal Life And I beseech Your Lordships to believe I have a Heart a little greater than to do any such thing to please any man living with Modesty be it spoken For the Building of Churches I confess I built not any and in my Answer I said no more but that Churches were built which the Worthy Gentleman acknowledged in some part I confess they were not Built by me or at my particular Charge nor do I say otherwise in my Answer And it had been a vain thing to have said it though I had done it my self But it is said the Answer is not right in saying there be divers Worthy Church-men preferred and three are instanced in Bishop Atherton the Bishop of D. and one Gwyn To this I beseech Your Lordships that I may be bold to let the Gentlemen know That Bishopricks are not in the gift of the Deputy but of the King and that he is not Responsible for what the King doth But not desiring to deny any thing that is true I confess I think Bishop Atherton was unknown to His Majesty and that I my self recommended him to the Bishoprick and at that time I thought the Bishop a Person fit for that Charge But suppose he had a secret fault of his own God knows it was unknown to me may not a man be deceived in his Judgement of a man but this shall be turned against him It is a very easie thing for a man to cover his faults from the eye of the world I thought him not a vicious man he proved so and he had his merit he suffered for it And unless I had the Inspection of Almighty God I suppose this cannot be laid to my Charge if any private End or Respect should appear in the doing of it I desire no more of Your Lordships Favour and I profess I had rather be out of the World than not have the Favour of Your Lordships and the Honourable House of Commons of whom I desire that they would hear me with that Equity that they hear every thing For the Bishop of D. all that is mentioned against him is That he is Impeached of High Treason by the Commons House of Parliament in Ireland And how the Bishop will acquit himself I know not but for that the Bishop must Answer for himself not I. This Bishop hath lived in my House a long time as my Chaplain and I humbly recommended him to that Bishoprick taking him and I hope he will so approve himself to be a very Learned man and that I think no body will deny certainly he hath the Elements to make him a very Worthy Church-man as most I know For that Gwyn I profess I never heard of him before nor do I know him But recollecting my thoughts I think he was recommended to me by my Lord of D. for in matters of the Church I did use that Gentleman and if I were to begin the World again I would use him still holding him a very honest Worthy man And I think there was some Rectory or Impropriation that the Earl of Corke had possession of which was restored to the Church and it was of so small and trivial a value that they knew not who to get to serve the Cure and on that occasion this man was recommended to it And I think that if it shall come to be examined Thirty pounds a year will go far in his preferment And if such a thing should happen and miscarry in his hands it is no such hainous Crime as is objected But I desire leave to shew what I have done in this kind instead of this Mr. Gwyn and Your Lordships may see a List of those I have preferred to the Church of Ireland and perhaps they may be known to some of Your Lordships and to many Gentlemen of the House of Commons And first