gives them in give mee leave to mention and say we had a ground to put them into charge and could have proved them if there had been need punctually and expresly and I beleeve little to my Lords advantage But Your Lordships I think doe remember my Lady Hibbots case where the Lady Hibbots contracts with Thomas Hibbots for his inheritance for 2500. l. executes the contract by a Deed and Fine levied deposits part of the money and when a Petition was exhibited to the L. Deputy and Councell for the very estate your Lordships remember how this came in judgement before my Lord Deputy there was but a petition delivered there was an answer made and all the suggestions of the petition denied yet my Lord spake to Hibbots himselfe that was willing to accept the money not to decline the way that he was in by petition five hundred pound more will doe him no hurt to carry into England with him and yet without examination of a witnesse a Decree was made to deprive this Lady of her estate And the purchasing of this land by my Lord of Strafford was proved by two witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in trust for my Lord of Strafford and that it proved according to my Lord of Straffords prophecie for the man had five hundred pounds gaine above the Contract with my Lady Hibbots But after the lands were sold for seven thousand pound so that the Lady Hibbots offence was her making of a bargain whereby to gain five hundred pounds But there was no offence in my Lord to make a bargaine for three thousand pounds and to gain foure thousand pound presently this you see proved by Hibbots the party and by master Hoy the son of the Lady Hibbots So that here is a determination of a cause before the Councell Table touching land which was neither plantation nor Church-land without colour of the instructions contrary to law to statute to practice and if this be not an exercising of an unlawfull jurisdiction over the Land and Estates of the subject I know not what is In his answer to this case hee did open it yet whether he mistook or no I know not that hee had a letter from the King but he produces none in evidence and that is another mis-recitall I am sorry he should mis-recite and fix it upon the person of his Soveraigne in a case of this nature Now he falls more immediately upon the liberty of the subject and that is by the Warrant mentioned in the ninth Article to be issued to the Bishop of Downe and Conner whereby he gives power to him and his Officers to apprehend any of the Kings subjects that appeared not upon Proces out of his Ecclesiasticall Courts expresly contrary to law and your Lordships have heard how miserably the Kings subjects were used by this warrant as hath beene proved by a Gentleman of quality Sir James Mountgomery And howsoever hee pretends it was called in it was three whole yeers in execution before it was called in and though he pretends his Predecessours did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he sayes that Bishop Mountgomery did tell him there was such a Warrant and one witnesse more speakes of one Warrant and that is all the witnesses produced and that but to be a copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universall and spread over the face of that Kingdome that was under his jurisdiction and that is in the tenth Article which concernes the Customes where hee doth impose upon the Kings subjects a rate and taxe against law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himselfe of a jurisdiction above the law My Lords in his answer he pretends that this is rather a matter of fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to his Majestie so it is likewise an exercise of a tyrannicall jurisdiction over his subjects That it is a fraud to his Majestie it plainly appeares for the King lost exceedingly by it whereas before the rent affoorded the King was 11050. l. there was improved by the new lease that my Lord of Strafford took but 1350. l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new lease the impost of wine for which the King before that time received 1400. l. a yeere and likewise the Custome of London Durry Colerane and Knockfergus for which the King had reserved 1700. l. a yeere besides the moity of the seisures so here is 5000. l. that the King lost of the old rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one yeere he and his sharers received 39000. l. and in the last yeere 51000. l. and that expresly proved upon two accounts and if this be his dealing where is his service to the King in his pretence to advance the Customes It is true he sayes the King hath five eighth parts but it was but within these two yeeres the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000. l. if he had received it I beleeve wee should have heard of it My Lords there is something more here is a new imposition on the Kings people without law and yet I will doe my Lord of Strafford no injury but I tell you how the proofe stands It was a book of rates framed before he came to the forme for the booke of rates was in March and the date of his assignment is in April following and therefore my Lord saith it could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heeles of another and I beseech you observe cui bono the book of rates was procured within a moneth of the Patent but God knowes whether it were not within the compasse of his intentions to take the Patent and therefore whether he were not the Instrument of raising rates it rests in your Lordships judgement and all that heare me I am sure the benefit redounded to himselfe and so here is an arbitrary government in imposing and forcing to pay for that I desire your Lordships to take with you and hee might as well have raised nineteen shillings on a pound as nine pence or three pence by the same rule of Law The next Article in number was the eleventh and I would be glad my Lord had not mentioned it it concernes the Pipe-staves wherein he pretends he did
a case of Felony That if a bloudy knife should bee produced in the hand of the party suspected to have slaine the man if the party had bin there seen before the death it were a strong evidence but there must bee death in the case the fact must be committed else there can be no murther but he himselfe might answer himselfe for there is a great difference There cannot be murther but there must be death but hee knowes very well there may be Treason and yet no death it is too late to forbeare questioning Treason for killing the King till the King be killed God forbid wee should stay in that case for the very intention is the Treason and it is the intention of the death of the Law that is in question and it had beene too late to call him to question to answer with his life for the death of the Law if the Law had been killed for there had been no Law then and how should the Law then have adjudged it Treason when the same were subverted and destroyed and therefore he is much mistaken The greatest Traytor in the memory of any that sits here to heare me this day had a better a fairer excuse in this particular then my Lord of Strafford and that is Guido Faux for hee might have objected that the taking of the Cellar the laying of the Powder under the Parliament House the kindling of the match and putting it neare are not so much as a misdemeanor if you look no further for it was no offence in him to lay Barrels under the Parliament House and to kindle the match and to lay it neere but collect all together that it was eâ intentione to blow up the King and the State there is the Treason but God be blessed it was not effected So that the rule is the same Nay my Lord of Strafford hath not so much to say when he is charged with a purpose and intention to subvert the Law for to that purpose gave he trayterous counsels and executed actions thereby discovering his intentions to destroy the Kingdome and to destroy the Kings claime by Law and discent It is true they were not put in execution but they declared his intentions therefore this gives an answer to his first flourish which is not so great an Argument as the greatest Traytor might use for himself and yet it proved Treason in him My Lords he hath been pleased to divide his Treasons into two parts and his division I allow of that is Treason by Statute-Law as he tearmes it though it be Treason by the Common-Law and constructive Treason And upon that method hee hath recited the evidence produced on either part Give mee leave to follow and trace him a little and afterwards to discharge my duty in taking my owne course and representing the evidence as it appeares truly and I will avoid as much as I can to fall into my Lord of Straffords errour in mis-reciting a Particle if I doe it shall be against my will He begins with the fifteenth Article and pretends that that is not proved the ground and foundation of that Article was a warrant issued out by himselfe to a Sergeant at Armes one Savill which gave directions and power to that Serjeant to lay souldiers on any person that should contemne the Processe of the Councell boord in Ireland that was the effect Now sayes he this warrant is not produced and addes that the Judges will tell your Lordships that if a man bee charged with any thing under hand and seale the deed must be produced and proved or else no credit is to bee given to it Truely my Lords it is true if it had beene a Bond or a Deed where those that seale it use to call their neighbours to testifie and be witnesses to it perhaps it might be a colourable answer that because we do not produce the Deed and prove it by witnesses you can therefore give no credit to it But my Lords in case of authority to commit high treason I suppose my Lord of Strafford nor any other did call witnesses to prove the signing sealing and delivering of the warrant for execution of high treason and therefore it is a new way and invention found out by his Lordship for ought I see to commit high treason and to give authority for it and it is but taking away the originall warrant and hee shall never be touched for any treason But I beseech your Lordships patience till I come to open that Article and your Lordships will finde the warrant though it be not produced proved by three or foure witnesses and his hand seale proved too And wheras he pretends the Sergeant at Armes is no competent witnesse because he excuses himselfe my Lord mistakes himselfe for I take it to bee no excuse to prove a warrant from any person whatsoever if it be to commit high treason and therefore Savills testimony is the more strong being so farre from excusing that hee doth accuse himselfe And though he is charged with laying of souldiers upon the Kings people contrary to an expresse Act of Parliament made in 18. H. 6. yet my Lord is pleased I know not how to terme it whether it be merrily or otherwise to use his Rhetorick Here is a great levying of war when there is not above foure Musketiers or six at most laid upon any one man My Lords it is a plain levying of warre and without all question and in all sense it is as much mischievous to me to be surprized by foure or six Musketiers to enforce me to any thing they would have as if there were an Army of forty thousand brought upon me for if that strength will but over master me it is all one to me whether I be mastered by foure or by foure thousand And therefore let not this be a rule that to send foure or six or ten Musketiers up and downe is not considerable because of the smalnesse of the number the danger is the same yet this is no levying of warre because they goe not in troops of greater number as it pleases my Lord of Strafford to affirm My Lords your Lordships remember what the effect of the Warrant is sworn to be that howsoever the Sergeant at Armes and his Ministers that executed it brought but foure or six or ten yet the Sergeant might have brought all the Army of Ireland for there was authority so to doe And admitting the matter of fact proved he mentions an Act of Parliament made 11. Eliz. whereby a penalty is laid upon men that shall lay souldiers on the Kings subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords the very casting of an eye upon that Act shewes it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the command of an Army in Ireland and therefore I may turne
them upon the bowels of the Kings subjects It is no more in effect Your Lordships have heard him the other day mentioning two Acts of Repeale and I expected he would have insisted upon them but it seemes he hath beene better advised and thinks them not worthy repetition nor indeed are they And if the matter of fact be proved upon the fifteenth Article I am confident he will find the Statute of 18. H. 6. to be of full force My Lords I am very sorry to heare that when levying of warre upon the Kings subjects is in agitation and he charged with high Treason he should make mention of the Yorkshire men and the army now on foot whereby he would insinuate that if he be charged with high Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill bloud for ought I know From the fifteenth Article he descends to the three and twentieth and that is the Article whereby he stands charged with speaking of words and giving of councell to his Majestie to incense him against his Parliament pretending a necessity and telling him he is loose and absolved from all rules of government that he had an Army in Ireland which he might make use of to reduce this kingdome In this he is pleased to begin with the testimony of my Lord Ranelagh conceiving an apprehension and feare in him that the Army should goe over to England which my Lord sayes is no more but his saying and master Treasurer Vane's I pray God my Lord Ranelagh had not much cause to feare but by the same rule he may lay a charge of unwarrantable feare upon all the Commons for sure the Commons of England did feare it else they would not make an Article of it But my Lord Ranelagh's feare did not arise from a slight cause and he shewed himselfe a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shewes to three or foure Articles what he could have proved as to the Article concerning the Army he could have proved the designe of it by Sir John Burlacy and some others if they had beene here But by this rule and liberty hee hath taken to alledge what he could have showne give me leave to tell you what we might have showne and are ready to shew We could have made it expresse and proved it by notes taken by Secretary Vane the fifth of May when the words were spoken which notes should have beene proved if we had proceeded on the three and twentieth Article to corroborate the testimony of Mr. Secretary Vane and that by two witnesses Wee could likewise have showne how we came to the knowledge of it it being by means unknowne to master Secretary Vane and have made him an upright Councellour and witnesse but we shall prove his intentions to bring in the Irish Army another way when I come to open my owne course and method My Lords hee pretends these words were spoken the fift of May but when they were testified by master Treasurer he did not speak of the fifth of May and yet now my Lord remembers the day and I wonder how hee came to the knowledge of the day unlesse he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a moneth after This my Lords is plainly answered and if he had thought of his owne answer he had answered himselfe for he tels you that in April before he had taken a course for the levying of the Army he had nominated the officers giving direction for raising it And the day of the Rendezvous of the Army was appointed the 18. of May And so in his owne answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the seven and twentieth Article whereby he stands charged with levying money by force upon the Kings people in Yorkshire he is pleased to observe that all the proofes for the maintenance of that Article is onely the levying of money with foure souldiers by Sergeant Major Yaworth Where he is pleased to disdaine the war because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the warrrant was not from him I shall reserve that till I come to the Article and when I come to the proofes I beleeve it will remain fixed upon him And there he left his Statute Treason and now he fals to the second kind of Treason and that was the introductive or constructive Treason He begins with the third Article that is concerning some words that he should be charged to have spoken in Ireland I shal desire that your Lordships would be pleased to look upon your notes how he answers that Article My Lords sayes he I am charged to say that Ireland was a conquered Nation and that their Charters were nothing worth and bind the King no further then he pleaseth therefore I am a Traitor because I speak the truth There was his answer in his collection And for their Charters he sayes he might might very well say so for he intended it no otherwise but according to the validity of them for they were severall wayes questionable and ought not to bind unlesse they were good in law But if you look upon his Arguments he hath like a cunning Oratour omitted the principall part of the Article and that is that Ireland is a conquered Nation and they were to be governed as the King pleaseth the King might doe with them what he lists this hee omits although they be proved by three witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the rest like your Lordships know whom Then he descends to the fourth Article and this concerns some words he should speak upon an occasion betwixt him and my Lord of Cork that he should tell my Lord of Cork he would have neither Law nor Lawyers dispute or question his orders And upon another occasion that he would make my Lord of Cork and all Ireland know that all Acts of State which are Acts of Councel there made or to be made should be as binding as any Act of Parliament This he said was proved but by one witnesse and I extremely marvell to heare him say so for the latter words wee proved by foure or five or six witnesses that is that he would have Acts of State as binding as Acts of Parliament Whereas he
sayes these are all the words produced against him in the time of seven yeeres government there your Lordships have heard of many words and if we would trouble your Lordships further in this kind we could prove such words spoken as often almost as he remained dayes in Ireland that is for the mis-recitall The other part two witnesses proved but the residue That they must expect law from the King as a Conquerour That Acts of State should be equall to Acts of Parliament And when an Act of Parliament would not passe he would make it good by an Act of State these speeches at other times were proved by five witnesses Then he falls back to the second Article touching the words That the Kings little finger should be heavier then the loines of the Law My Lords these words were proved expresly by five witnesses to be by him spoken and if he had produced five hundred that had said he did not speak them they had not been equivalent to disprove five but he produces none Sir William Penniman repeats other words and inverts them and none but he Another party a Minister reports a report that hee heard concerning these words but my Lord saith he the occasion of the speaking of them was not mentioned Truly perhaps it might bee the forgetfulnesse of my Lords memory but let me put him in mind And your Lordships remember that the occasion was exprest by one and that is Sir David Fowles that he laying a command upon Sir David to repaire a bridge and calling him to account why it was not repaired Sir David Fowles told him he could not doe it by law And therefore omitting it my Lord said to him Sir some are all for Law and Lawyers but you shall know that the Kings little finger will be heavier then the loines of the Law Here is the occasion though he would have another businesse the knighting money to be the occasion From the second he falls to the three and twentieth Article that is concerning words That he should counsell his Majestie that he might use his Prerogative as he pleased but in saying there was no proofe offered hee here begins to fall upon the other fallacy that is to pull things asunder whereas we produce them together and would make that that is a faggot to be but a single stick but under favour when I come with your Lordships patience to open the force of the proofes and put them together he shall find contrary to his expectation that they are fully proved by the testimony of many witnesses upon consideration of the precedent concurrent and subsequent acts and intentions of my Lord of Strafford I shall not now run over my Lord Primates testimony or my Lord Conwayes or master Treasurers or my Lord of Bristols but make use of them in their proper places when I shall put all together to shew his design and to prove his speaking of the words Then hee comes to the five and twentieth Article which I shall not insist on though he pretends it not proved I shall referre that to my recollection that I may not answer to his pieces but bring all together and then the horrour of his fact shall more speciously appeare Onely this under favour I cannot passe over when he comes to justifie an advice and counsell of the Kings being loose and absolved from all rules of government and that he might use his Prerogative as hee pleases he is pleased to mention the argument of the Judges in the ship-money and what they should deliver he makes the warrant of his counsell Now your Lordships may observe he would justifie his actions by law in some cases where it is to his advantages but in other cases hee must be ignorant of the Law But my Lords for him to mention any thing in the Argument of the Judges concerning the ship-money which is now condemned and to make that a ground of his counsell and advice to the King and not the judgement in truth but the argument of the Councell at Barr that therefore he is loose and absolved from all rule of government for him to make the Parliaments deferring to give supply to be that necessity which was insisted upon in the Councells argument and to be such an unavoidable necessity as to beget an Invasion upon propriety and liberty it rests in your judgements and the judgements of all that heare me what argument this is and what he declares his opinion to be this day In the latter part let me close hands and agree with him he sayes Proofes must be taken by themselves they must not be judged by peeces but together and now in good time I shall joyne with him and shall desire the same judgement That things may not be taken asunder but judged together according to his owne words For the twentieth Article he is thereby charged with being an Incendiary between both Nations and an occasion of drawing two Armies into this kingdome and to incense the warre My Lords I remember if I did not mis-conceive and my memory misprompt me my Lord said he could have no occasion to incense a war being a man of estate and should have no benefit by it having sufficient to live without it but in due time I shall make it appeare to my apprehension and I beleeve to your Lordships when you have heard it that the incensing of this war and provoking of it was the principall instrument of bringing to passe his designe of subverting the Lawes through the whole work of it My Lords in the passage of this he takes occasion to speak of the testimony of master Secretary Vane who testifies that my Lord was for an offensive and himselfe for a defensive warre whence my Lord argues here is no great difference for both were for a warre but my Lords is there no difference betweene an offensive and defensive warre in case of subjects that live under one King is there no difference to bring an Army to offend them and for the King to raise a force to defend himselfe truly I think there is a great difference and a very materiall one too but your Lordships see hee makes no difference between them My Lords in the foure and twentieth Article he mentions that he is charged with being an occasion to breake the Parliament and layes hold of that as in the other Articles that it was not proved but declined My Lords when hee shall heare the repetition of the evidence though part of the Article was not particularly insisted upon yet I beleeve it will appeare to your Lordships and the world that he was the occasion of breaking the last Parliament and it is expresly proved by witnesses enow and though he sayes how should any body thinke 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 compasse his owne designe and plot without which his ends could not be brought to passe
justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the estates of the Peeres of the kingdome of Ireland and determining them upon paper petitions in an arbitrary way your Lordships have heard him speake it before and repeat it this day that he did it out of compassion for the more expeditious proceeding on behalfe of the poore against these mighty But then my Lords I beseech you compare some other part of his proceedings Your Lordships remember the businesse of the Flax which concernes the poore wholly and universally and if compassion had beene the rule and direction of his actions towards the poore surely this would have beene a just cause to have commiserated them in this case but hee exercised his power over them and over them wholly and over them universally and therefore it shewes it is not his compassion to the poore nor respect to the rich or mighty that will any way restraine or obstruct his wayes to his owne will And therefore you may see what truth there is in his answer by comparing one part of the charge with another when the businesse of the Flax brought that calamity upon the Kings Subjects that thousands of them perished for lacke of bread and dyed in ditches Secondly your Lordships have often heard him use a Rhetoricall insinuation wondering that he should be charged with words and they strained so high as to be made treason to question his life and posterity though the words might be spoken unadvisedly or in discourse or by chance your Lordships remember the fifth Article touching his proceedings against my Lord Mount-Norris where words were spoken in an ordinary discourse at dinner and slight ones God knowes of no consequence at all such as another man would scarce have harkened after and yet my Lord extends them to the taking away of my Lord Mount-Norris his life gets a sentence of death against him and that against Law with a high hand in such a manner as I thinke your Lordships have not heard the like and therefore I beseech you compare one part of his answer with another and see how ready he is to make use of any thing that may excuse himselfe and yet when he comes to act his power you see his exercise of it You have heard how hee magnifies his zeale for advancing the Kings benefit revennue and his care of his service and would shelter and protect himselfe under it to justifie an exorbitant action but if your Lordships call to mind the businesse of Customes for Tobacco which in truth were the Kings right and due and a great profit was thereby advanced and he trusted to advance it The King must loose of his former rents in the case of Custome and received a small rent in the case of Tobacco my Lord himselfe in the meane time imbursing such vast summes of money where is then the discharge of his trust where is his care to advance the Kings rents to encrease his revennue Compare that part of his answer with this and see what credit is to be given to his affirmation My Lords throughout the passages of his discourse he insinuates and never more then this day with the Peeres of the Realme magnifying them almost to Idolatrie and yet my Lords when he was in his kingdome in Ireland and had power over them what respect shewed he then to the Peeres of the kingdome when he judged some to death trampled upon others in misery committed them to prison and seized on their estates where then was the Peerage he now magnifies And to shew it was an insinuation for his owne advantage you may remember when there was an unlawfull Act to be committed that is the levying of money in the North what regard had he then to the Peeres of the kingdome when hee comes to justifie and boulster up high treason it selfe under the name and authoritie of the great Councell where most of the Peers of the Realm then were and so by this time I know what credit your Lordships give to his words spoken when he lyes under your mercy and power But what doe I speake of the Peers of the kingdome and his using of them My Lords he spared not his Soveraigne his Majestie in his whole defence for being charged with offences of a high nature hee justifies those offences under the pretence and under the authoritie of his Majestie our gracious King and Soveraigne even murder it selfe in the case of Denwit and my Lord Mountnorris Treason it selfe in the fifteenth Article by a command in Ireland and in the seven and twentieth by a pretended authoritie from his Majestie in the face of his people hee justifies my Lord Mountnorrice his sentence by a letter from his Majestie Denwits sentence by a Commission from his Majestie and hee read three or fower clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a witnesse to produce against him which I wil not examine but refer it to his owne Conscience that is the petition of right that the Kings servants are to serve him according to law and no otherwise he very well knew if an unlawfull act be committed specially to a degree of Treason and Murder the Kings authority and warrant produced is no justification at all So then my Lords to mention the Kings name to justifie an unlawfull act in that way can doe him no good and his owne understanding knowes it may doe the King harme if wee had not so gracious a King that no such thing can doe harme unto But my Lords to produce the Kings warrant to justifie his actions under his Patent and Command what is it else but so farre as in him lies in the face of his people to raise a cloud and exhale a vapour to interpose betwixt the King and his subjects whereby the splendour of his glory and justice cannot bee discovered to his people My Lords what is it else when the people make complaint against the Ministers that should execute justice of their oppression and slavery and bondage For the Minister when he is questioned to justifie this under the Kings authority what is it I say but as much as in that Minister lies to fix this offence to fasten this oppression upon the King himself to make it to be beleeved that the occasion of these their groanes proceeded from his sacred Majestie yet God be thanked the strength of that Sunne is powerfull enough to dispell these vapours and to disperse the cloud that hee would have raised but in the meane time my Lord is nothing to bee excused My Lords he may pretend zeale to the Kings service and affection to his honour but give me leave not to beleeve 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
himselfe now confesses to be against law he should justifie it under the Kings authority that savours not of a good servant I will say no more My Lords he is charged with exercising of a tyrannicall power over the Kings people and in his defence your Lordshâ—ps 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 foule 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 bottomlesse a gulfe 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 farre as in him lyes to make the people beleeve for I may not forget the words hee hath used by his magnifying of the Prerogative that it hath a speciall 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 anything 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 then as much as in him lies to make the subject beleeve 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 Crowne by fixing a jealousie in them that it may bee a meanes of their bondage and slavery But there is so much piety and goodnesse in the Kings heart that I hope upon faire understanding there will be no such occasion but no thankes to the party that so much advaâ—â—ed the prerogative in the case and condition he stands in to justifie 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 then to have the throne incircled with good Counsellers and no greater danger to both then to have it encompassed with wicked and dangerous ones and yet I beseech you call to mind how hee hath attempted to deprive the subject of all meanes to discover this danger by insinuating to your Lordships what a dangerous thing it were if Counsellers should be called in question for giving of counsell for who then saith he would be a Counseller 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 Councellours about him and yet he infuses that venome that the questioning of Counsellours is dangerous both to King and Peeres if it should be brought into example My Lords for many yeeres by past your Lordships know an evill 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 counsell given of late to doe 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 beene laid to the great comfort of King and Kingdome by your Lordships and all the Commons in Parliament And when he stands under this question and goes about to justifie his exorbitant actions how often hath he created this Idol againe and therefore I am affraid he discovers too much his owne heart in it My Lor I may not omit some other passages in his defence how he hath cast scandalls 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 hee had time he would make it appeare with a strong conspiracy Here is a scandall 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 scandall that I cannot omit to put your Lordships in mind of and the rather because this Remonstrance presented from the Parliament of Ireland did beare date before my Lord of Strafford was charged here which is very remarkable viz. the seventh of November and therefore though he pretends a correspondence certainly there could be none then for he is not charged here til the tenth And the same day justifying a sentence in the Castle Chamber your Lordships remember he affirmed that unlesse a strict hand were kept upon the Nation there they would find it hard to prevent perjury one of the most crying sinnes 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 referre 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 tyrannicall government in reference to some Orders of the Commons House in Ireland hee used words to this purpose You talk of an Arbitrary government looke 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 hee is chained and muzzled under the restraint and question of high Treason will here take the boldnesse to vent this language and expresse this malignity how would he doe if he were unchained how would he devoure how would he destroy c. My Lords something concernes your Lordships your Lordships remember that hee was not backward in his owne answer to fix a charge of high Treason upon the Lords of the great Councell and howsoever hee hath affirmed this day I must open it againe that the charge of the seven and twentieth Article he fixes in his answer to be by consent of the Lords of the great Councell 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 fundamentall lawes of both Kingdomes in defence whereof your noble Ancestors spent their lives and bloods My Lords you are the sonnes of those fathers and the same blood runs in your veines 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 kingdomes presented before you against this great person whereby you Lordships perceive that a great storme of distemper and distraction hath been raised that threatens the ruine and distraction of them all The Commons with much paines and diligence and to their great expence have discoved the Jonas that is the occasion of this tempest They have still and will discharge their Consciences as much as in them lyes to cast him out of the Ship and allay this Tempest They expect and are confident your Lordships will perfect the worke and that with expedition lest with the continuance of the storme both Ship and Tackling and Mariners both Church and Common-wealth bee ruined and destroyed The danger and horrour of this storme your Lordships shall heare by the Gentleman that is next to speake FINIS
He came from the foure and twentieth Article to the seven and twentieth and he answers against that Article that when Armies are in the field men cannot walke so peaceably as an Atturney with his box and papers in Westminster hall I know not what he meanes but when two Armies are in the field they may raise warre 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 hee took by way of artificiall insinuation to perswade your Lordships that it was dangerous to raise a Treason that had laine asleep I know not how many hundred yeeres and create a Treason A strange thing indeed it is that a man should 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 bee no Treason to destroy King and kingdome 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 selfe 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 fundamentall lawes of two kingdomes and to introduce an Arbitrary and Tyrannicall government not that he did effect it but that he did intend it for if he had done it it had been tâ—â— late to question it he had left no rule whereby to calâ— him to triall but his intention and his endevour are his charge My Lords how farre this is proved if your Lordships be pleased to call to mind the Articles and the evidence produced on the Commons part your Lordships will find I beleeve that his words his councells and his actions doe sufficiently prove his endevouring to destroy In the first Article where my Lord of Strafford hath the first opportunitie offered him to put this endevour 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 comming thither but I shall put your Lordships in mind of two clauses of the Instructions procured in the eighth yeer of this King and after he was President that is the clause of habeas Corpus and Prohibitions that no man should obtaine a Prohibition to stay any suit that should be commenced before him in the Councell of York that if any man should be imprisoned by any processe out of that Court he must have no Habeas corpus A Prohibition is the only meanes to vindicate the estate of the subject if it be questioned without authoritie A Habeas corpus is the onely meanes to vindicate his liberty if it be detained without law but these doores must be shut against the Kings subjects that if either they be questioned or restrained before him there must be no reliefe How far he could goe further I am to seek there being no means for the subject to â—â—lieve himselfe if he be questioned for his estate withâ—â—… authoritie no meanes to redeeme himselfe if his person be imprisoned without law And he had so incircled himselfe about that if the Judges should fine the party that returnes 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 referre it to your Lordships judgements whether this be not to draw an arbitrary power to himselfe For the execution of this power it is true it is proved to be before the instructions in the eighth yeere 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 comming at the heeles 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 proofe 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 kneeles to his Majestie that this defect might bee supplied and this jurisdiction maintained else he might goe to his owne Cottage And here being the just commencement of his greatnesse if you look to the second it followes that at the publick Assizes he declared that some were all for law but they should find the Kings little finger heavier then the loines 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 so high expressions of an intention to counsell the King or act it himselfe 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 saies he heard other words but not that he heard not these words If hee doth he must give me leave not to beleeve him for five affirmations will weigh downe the proofe of a thousand negatives He staies not long in England with this power though while he staies you heare how he vexes the subject but then he goes into Ireland and as his authority increases so he ampliates his designe and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principall City of Ireland presented the Mayor upon a solemne speech and discourse concerning the lawes and liberties as your Lordships know that is the subject matter of a speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordships observe the words he then used they were a conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the Kings pleasure I am to
seek if I were to expresse an arbitrary power and tyrannicall government how to expresse it in fitter words and more significant terms than these that the people shall be governed at the Kings will that their Charters the sinewes and ligatures of their liberties lands and estates should be nothing worth and bind no longer then the Kings pleasure specially being spoken upon such an occasion and the words proved by two or three witnesses of credit and quality From thence we descend to Articles that shew the execution of his purpose There be three things a man enjoyes by the protection of the law that is his life his liberty and his estate And now my Lords observe how he invades and exercises a tyrannicall jurisdiction and arbitrary government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peere of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoever hee pretends himselfe not to be a Judge in the cause yet how farre he was an Abettor and Procurer and Countenancer and drawer on of that sentence your Lordships very well remember he was sentenced to death without law for speaking words at a private Table God knows of no manner of consequence in the world concerning the treading upon my Lord of Straffords toe the sentence procured seven moneths after the words spoken and contrary to law and himselfe being put in mind of it my Lord Mountnorris desiring to have the benefit of the law and yet he refusing it And then it was in time of peace when all the Courts of justice were open and to sentence a man to death of that quality my Lord of Strafford himselfe being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends his authority by a letter from his Majesty I shall in due time give a full answer to that so that it shall rise up in judgement against him to aggravate his offence and that in a great measure Here he exercises a power over life his excuse was that he procured a pardon for my Lord Mountnorris but the power was exercised and the tyranny appeared to be the more he would first sentence him to death and then rejoyce in his power that he might say There remaines no more but my command to the Provost Marshall to doe execution To exercise a power over his life and to abuse him afterwards is very high but no thanks to him that the sentence of death was not executed it was the grace and goodnesse of his Majesty that would not suffer my Lord Mountnorris a person of that eminence to be put to death against law But the other was hanged and as appeares against law and though my Lord pretends the party was burnt in the hand yet that was not proved nor materiall and for him to doe this in time of peace when the Courts of justice were open it argues a desire in his breast to arrogate a power above law And in truth I may not omit some observations that my Lord made this day he hopes his Majesty would bee pleased to grant him a Pardon I perceive hee harboured in his thoughts that hee might hang the Kings subjects when he would and then get a Pardon of course for it The Lord blesse me from his jurisdiction My Lords give me leave to goe back againe here is power over the lives and liberties of the subject but he exercised likewise a Tyrannicall power over his estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Corks estate in neither Church land nor plantation land and therefore had no pretence of a jurisdiction for it is a lay fee divolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for twenty nine yeeres upon a paper petition without rules of law And whereas my Lord of Cork went about to redeeme himselfe the law being every mans inheritance and that which he ought to enjoy he tels him hee will lay him by the heeles if he withdraw not his proces and so when he hath judged him against an expresse Act of Parliament and Instructions and bound up a great Peere of the Realme hee will not suffer him to redeeme that wrong without a threat of laying him by the heeles and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equall to an Act of Parliament Which are words of that nature that higher cannot be spoken to declare an intention to proceed in an arbitrary way The next was in my Lord Mountnorris his case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a petition to my Lord Deputy my Lord Deputy himselfe judges his estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegall action but hee cannot produce a precedent that ever any Deputy did determine concerning a mans private estate and if hee hath affirmed it he proved it not some petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of land yet he did it To the seventh Article we produce no evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will doe so I refer it to the book in print where he determines the inheritance of a Nobleman in that Kingdome that is my Lord Dillon by a case falsly drawne and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not knowne that we had matter enough against my Lord of Strafford this should have risen in judgement against him but I had not mentioned it now if he had not mentioned it himselfe The eighth Article containes severall charges as that of my Lord Chancellour how he imprisoned him upon a judgement before himselfe and the Councell how he inforced the Seale from him when hee had no authority nay though it were excepted by his Patent that hee should no way dispose of it but he looked not to Authority further then might make way to his will Another concerns the prime Earle of that Kingdome my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the Kings expresse command for his deliverance and in his answer my Lord acknowledges it but sayes that that command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he
manner of rents were levied by souldiers no such thing but such rents as were designed for payment of the Army he proved by Sir Arthur Terringham the laying of souldiers once for the payment of a summe of mony but sir Arthur being demanded whether it were the Kings rents or comprehended within the same generall rule he could make no answer thereunto Your Lordships remember he sayes he did not know it and therefore probably it was the Kings rents and doubtlesse it was so But if he had produced presidents it could not be an authority for Treason that if people did not appeare to his orders he must levie warre against the Kings subjects and for his extenuation of the warre that the same was of no great danger there being not above five or six souldiers layd at a time I would to God the people oppressed by it had cause to undervalue it I am sure foure or six Musketiers are as strong to oppresse a man as foure thousand so the matter of fact is strongly and expresly proved Besides though there came not above foure or five to a house yet the authority given to the Sergeant was generall he might have brought more if hee had listed and in truth hee brought as many as the estate of the party would maintain And as to the not producing of the Warrant I have already answered it If it were in the case of a Deed wherin men call for witnesses it were something but God forbid that the Treason should be gone and the Traitor not questionable if his warrant can be once put out of the way The next Article which is laid to his charge is for issuing out a Proclamation and Warrant of restraint to inhibit the Kings subjects to come to the Fountaine their Soveraigne to deliver their complaints of their wrongs and oppressions Your Lordships have heard how hee hath exercised his jurisdiction and now he raises a battery to secure and make it safe If he doe wrong perhaps the complaint may come to the gracious eares of a King who is ready to give reliefe and therefore he must stop these cries and prevent these meanes that hee may goe on without interruption And to that end he makes propositions here that the Kings subjects in Ireland should not come over to make complaint against Ministers of State before an addresse first made to himselfe It is true hee makes a faire pretence and shew for it and had just cause of approbation if he had intended what he pretended But as soon as he came into Ireland what use made hee of it he ingrosses the proceedings of almost all the Courts of Justice into his owne hands and so pre-possesses the King by a colourable proposition and prevents their comming over before they had made their addresse to himselfe and then he becomes the wrong doer and issues Proclamations for the hindering of the Kings subjects to seeke redresse without his leave which is as great a proofe of his designe and as great an injury to the people governed under a gracious Prince as a heart can conceive And what his intention was in exhibiting this proposition it will appeare in the sentence of a poor man one David who was censured and most heavily fined for comming over into England to prosecute complaint against my Lord of Strafford It is true that this was not the cause expressed but this was the truth of the matter Your Lordships remember a clause in the order at Councell Boord whereby is set forth the cause wherefore the party is not sentenced which I never saw in an order before nor should now but that my Lord foresaw there was danger in it that he might be charged in this place for the fact and therefore puts in negatively why the party was not censured Clausula inconsulta inducit suspitionem And how defends he this Article he sayes his Predecessours issued Proclamations to hinder the Kings subjects from going over lest they should joyne with O Neale and Tirconnell beyond sea and so it might be dangerous to the State but because they may joyn with Forreiners shall they therefore not come to the King to make just complaint what this argument is I referre to your Lordships judgments Then he pretends a former president affirming that the like Instructions were given to my Lord of Faulkland but was there any that none should come to their Soveraigne to make their just appeale if injured Surely there was never any such Instruction before and I hope never will be againe The next Article is the nineteenth And now when hee had so plentifully exercised his tyranny over the lives the liberty and the estates of the Kings subjects A man would think he could goe no further but see a Tyranny exercised beyond that and that is over the Consciences of men hitherto hee dealt with the outward man and now hee offers violence to the inward man and imposes an Oath upon the Kings subjects and so exerciseth a tyranny over the Consciences of men And setting aside the matter of the Oath if he hath authority and power to impose such an Oath as he shall frame he may by the same power impose any Oath to compell Consciences He pretends a Warrant from his Majestie to doe it but the Kings Ministers are to serve the King according to law and I dare be bold to say and we have good reason to thank God for it if any of the Kings Ministers tell him that any Command he gives is against law there is no doubt but in his goodnesse and piety hee will withdraw his Command and not enforce execution and therefore if there were an errour the King is free and the Ministers to be justly charged with it But there was no Command from the King to compell and enforce them to take the Oath by the power of the Star-chamber to commit them to prison to impose heavie fines and tyrannize over them all which he did in the case of Steward And now one would have thought hee had acted his part when he had acted as much as lay in his own power and yet he goes beyond this he was not content to corrupt all the streames which was not a diverting of the course as he spoke in his answer for he not onely turned the course of the water but changed the nature of it converted it into poyson a legall and just proceeding into a Tyrannicall and Arbitrary government which is not turning but corrupting of the cleere and christall streams to bitternesse and death But yet the Fountaine remains cleere and perhaps when his hand is taken off you shall have the streames run as pure and uncorrupt as ever they did This is it troubles him remove but this obstacle and the work is perfect and therefore now he will goe about to corrupt the streames if hee can but infuse his poyson into the Kings heart which is the Fountain then all is done and now he attempts that and approacheth the