impossible to escape the many and great accusation laid to his Charge Others and that the greater number too are of oppinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compass of Treason quod tam misere cupio ut non credam his adverse party is so great and so far interested both in point of safety and Honour against him that Flectere si nequeunt superos c. Nothing will be left unassayed that may accelerate his Ruin He hath all this time carried himself couragiously to the admiration and with all so moderately that it is to the great satisfaction of his very Enemies so that he seems neither dejected with fear nor to affect boldness with confidence but to carry himself with that constancy and resolution which his Innocency and brave parts do promise The Irish Commissioners here have hitherto abstained from giving in any Remonstrance against the Lieutenant and do still plead to have an immediate dependance from the King and not from the Parliament of England There was a Report that the Parliament of Ireland had sent a Protestation against the Act made the last year for the Kings Supply in his Expedition against the Scots as a thing which was violently in part and in part surreptitiously obtained from them but I have learned this to be an untruth I had almost forgotten one passage of Mr. Pym who in the aggravation of the Lieutenants faults had this Expression That he was like the Whore in the Proverbs He wiped his mouth and with a brazen face said he had done no evil To this the Noble Lord replied That he wished his Innocence might not be taken for Impudence That he hoped shortly to clear himself of all those foul Aspersions which his malicious Enemies had cast upon him and he was very confident that he should give the Honourable Houses full satisfaction concerning his Life hitherto and thought of nothing more hereafter than to retire himself from all publick Employments Mr. Pym gave at this a great shout and desired the House to take notice what an injury he had done to the Honourable House of Commons in calling them his Malicious Enemies Whereupon the Lieutenant falling down upon his Knees humbly besought them that they would not mistake him and withal gave a large Panegyrick of their most just and moderate proceedings protesting that if he himself had been one of the House of Commons as he had the Honour once to be he would not have advised them to have done otherwise against his dearest Friend but withal told them that he might justly say he had his own un-friends which he hoped in time to make known nor did he all this time speak one bitter word against Mr. Pim though justly incensed which hath infinitely advanced his Reputation I have been a daily hearer of these Proceedings against this great Personage now upon the Stage therefore do presume I can give a reasonable account thereof The Book of his Charge is extant in Print so it shall be needful for me only to name the Articles as they were canvassed and those designed by the House of Commons to be his Accusers which were these that follow The Names of his Accusers Pym Glin Maynard Whitlock Lord Digby St. Johns Palmers Sr. Walter Earles Stroud Seilden Hamden c One of these began the Speech the rest after their Colleague hath done follow in their turn so that he hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Mr. Glyn after a large Flourish on Wednesday told the Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article such a monstrous Crime could not be deprehended yet when all was conceived in the Mass and under one view he should be undoubtedly found the most wicked and exorbitant Traytor that ever was Arraigned at that Barr. He added That his Charge was for intending to subvert and change the Fundamental Laws Liberties and Priviledges of both the Kingdoms and to introduce an Arbitrary and Tyrannical Form of Government This he said could not appear but by the Fruits which were either in Expression or Action The Expressions were four First That before several Witnesses he had said at York That the King 's little Finger should beheavier to them than the Loyns of the Law To this the Lieutenant replied That having spoken sufficiently before to his Justification in general he would moreover add these few Words by their Favours That it strike him to the heart to be attached of such a wicked Crime by such Honourable Persons yea that it wounded him deeper in regard that such Persons who were the companions of his youth and with whom he had spent the best of his dayes should now rise up in judgment against him yet he thanked God for it it was not Guilt but Grief that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such Infirmity of Body and such Anguish of Mind to collect his Thoughts and say any thing at all for himself But the Almighty God who knows him to be innocent had furnished him with some abilities to give Testimony to the Truth and to a good Conscience He therefore intreated that iâ— either in Judgment or in Memory he should at any time fail it might be imputed to his great Weakness And although the Gentlemen his Accusers should seem more ready in their Accusations than himself in his defence yet that might not prejudice his Cause who in very unequal terms had to do with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorick he doubted not might present many things to their view in a Mutiplying Glass He told them farther that for these many years he had been weary of publick service and that now it was his resolution after he had vindicated his Honour to retire himself and enjoy his much longed for privacy And yet he could not but tell them so much that it had been his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe Fruit fallen from the Tree than to be violently pulled from thence as a fruitless and unprofitable withered Branch To the Charge of Treason he said that under favour he conceived that although all the Articles contained in his impeachment were verified against him yet they would not all amount to Treason neither simple not accumulative For said he I do not understand by what Interpretation of Law the diversion of Justice can be called a Subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed that his words were cleerly inverted for that his expression was That the little finger of the Law if not supported by the Regal
Monarchical Government and were only to be answered by the Sword Thirdly That he had caused some Scottish Goods and Ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that War against the Scots Fifthly That by all possible means he had put had thoughts and Suspicions into his Majesty against his Scottish Subjects and laboured to make a National quarrel between them and England which if the Kings Piety and the Prudence of better affected States-men had not prevented could not have been sâ—erd up again without much Blood Concerning England his Speeches were either before or after the Parliament First Before his Creature and Bosom friend Sir George Ratcliff he had said to Sir Robert King when he was doubting how the King might have Monies to pay his Armies that the King had four hundred thousand pounds in his Purse thirty Thousand Men in the Field and his Sword by his side and if he wanted Money afterwards who will pitty him Secondly That his Brother Sir George Wentworth had said to Sir Robert Beâ—ington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seems they were weary of their Peace and desired to be conquered a second time Thirdly That he himself upon a discourse with the Primate of Ireland had said that he was much of the mind of those English Divines who maintained it lawful for a King having tried the affection and benevolence of his People and then denied their help upon an inevitable necessity and present danger of the Kingdom that he might use his Prerogative for his own supply and the defence of his Subjects Fourthly To the Lord Conway in a Discourse he had said That if the Parliament meaning the last Parliament should not grant a competent Supply that then the King was Acquitted before God and Man and might use the Authority put into his hands Fifthly That he did say at the Council Board If the Parliament should deny to help the King he would take any other way be could for his Majesties Service and Assistance His Expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himself to be over-mastered by the frowardness obstinacy and stubbornness of his People Secondly That if his Majesty pleased to employ Forces he had some in Ireland that might serve to reduce this Kingdom The Proofs for the Scots Particulars were these First The Lord Traquiere who was indeed very favourable to the Lord Lieutenant and spake nothing to his Disadvantage but what was scrued from him with much difficulty he told them That when he gave in the Demands he heard him say that it was high time for the King to put himself into a posture of War but that first all the Council of England said the same as well as he secondly That it was a double Supposition 1. That the Demands were truly given in 2. That there was no other Remedy left but Arms to reduce them Secondly The Earl of Morton's Testimony being sick himself was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared That he had heard the Lieutenant to advise the King to an Offensive War when his own Judgment was for a Defensive Fourthly The Testimony of the Earl of Northumberland was produced which was the very same with Sir Henry Vane's Fifthly The Treasurer of England deposed the same with Traquiere Sixthly One Beane from Ireland told That he had known Ships seized on there but by whose Procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Renelaugh deposed the same that Sir Robert King and the Lord â—enelaugh had heard Sir George Ratcliffe speak those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primate's Testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with the Article Fifthly Sir Henry Vane deposed He had heard those Words spoken at the Council-Board For the Words spoken after the Parliament To the first Sir Tho. Jermyne Lord Newburg Earl of Bristol Earl of Holland were Examined Bristol did mince the Matter but Holland's Testimony was express because of the exceeding great Love he carried to the Man For the last which were the most dangerous Speeches about the reducing of this Kingdom there was only Sir Henry Vane's Testimony who declared only thus That he had either those Words or the like Here some of the Lieutenants Friends shewed themselves 1. The Lord Savil who desired of Sir Henâ—y Vane to know whether he said their or this or that Kingdom and withal said it was very hard to condemn a man for Treason upon such petit Circumstances 2. The Earl of Southampton desired to know whether Sir Henry Vane would swear those words positively or not Sir Henry Vane said positively either them or the like The Earl replied that under favour those or the like could not be positive 3. The Earl of Clare desired to know what could be meant by this Kingdom for his part he said he thought it meant of the Kingdom of Scotland to which the Word this might very well be relative that Kingdom being only mentioned in the preceding Discourse And that he was the more ready to be of that Opinion because he could not see by what Grammatical Construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of Obedience nor upon Rebellious Courses They at last concluded the Charge That the Words were so monstrous that to aggravate them was to allay them and therefore they would simply leave them to the Judgment of the Lords The Lieutenant's Reply was That though the heaping up of those Articles had put him to a great Confusion yet he would endeavour to bring his Answer into the best Method he could and first he would reply to the Prooâ— then add something in general for himself in what a hard taking and lamentable Condition he was to have his private Discourses his most intimate and bosome friends search'd and sisted to the least Circumstance that he might seem guilty of that which by God's assistance he should never be To the Lord Traquieres and the Deputies Depositions he thought their Proofs did not much stick upon him for upon the Suppositions first That the Demands were true secondly That they were not justifiable thirdly That no other Course could prevail He could not see what other Advice he could possibly give the King than to put himself into a posture of War especially seeing then there was frequent Reports of the Scots invading or entring into England nor was he of any other mind than all the rest of the Council-Board For that of Morton's he doth not positively remember the
Words but if the Demands were read perhaps they would imply nothing less and if so how otherwise to be answered but by the Sword all other Means being first assayed which is ever to be supposed For Sir Henry Vane's and Northumberland's Testimony about perswading of an Offensive War he said he remembred it very well and thought it as free for him to give his Opinion or an Offensive as they for a Defensive War Opinions said he if they be attended with Obstimacy or Pertinacy may make an Heretick but that they ever made a Traytor he never heard it till now nor under favour should I be an Heretick either said he for as I was then so am I now most willing to acknowledge my Weakness and correct my Errors whereof no man hath more or is more sensible of them than I my self yet if that Opinion of mine had been followed it might perhaps have spared us some Money said he and some Reputation too of which we have been prodigal enough For the last about the Ships it proves nothing but he would willingly confess that some Ships were there detained and that by himself and his own Direction as Vice Admiral of Connaugh but it was at the Command of the Lord Admiral the Earl of Northumberland and produced his Letter to that purpose To the English Proof He marvelled much how Sir George Ratcliff's Words could be put upon him Sir George though alledged to be his Bosom Friend yet had thoughts of his own and might have some other thoughts in his Bosom and be to some other Expressions than Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my Friend Sir George as by a Proxy For his Brother He never knew him before so rash but that was nothing to him except they could prove a nearer Identity than Nature had instituted and that his Brother's Words and his were â—ll one yet withal he conceived that his Brother's Words might be very well understood of the Scots conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken something which is like a Prophesie To the Primate's Testimony with all Reverence to his Integrity be it spoken he is but one Witness and in Law can prove nothing Add to this said he that it was a private Discourse between him and me and perhaps spoken by me Tentandi gratia and how far this should be laid to a mans Charge let your Lordships judge Yea this seems to me against Humanity it self and will make the Society of men so dangerous and loathsom to us that our Dwelling Houses will be turned to Cells and our Towns to Defarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own Conceptions or craving the Advice of Wiser and Learnecer men should become Snares and Burdens to us by a curious and needless Fear yet if my Words be taken said he with all that went before and followed after I see no danger in it To the Lord Conway I may reply the same with this Addition That it is a very Natural Motion for a man to preserve himself every Greature hath this Priviledge and shall we deny it to Monarchy provided this be done in a lawful though in an extraordinary way This grain of Salt must be added to season all my Discourse To that of Sir Henry Vane of offering my Service to the King I thank him for the Testimony and think he hath done me much honour thereby but if he or any body else do suspect that his Majesty will employ me in unlawful Enterprizes I shall think them more liable to the Charge of Treason than my self To the subsequent Testimonies I shall not need to wrestle about them much only the last of Sir Henry Vanes pinches and lies sore upon me but to that which the Earl of Clare and I thank him for it hath said already give me leave to add this that the Testimony of one man is not a sufficient Witness nor can a man be Accused much less Condemned of Treason upon this and for that read the Stat. of Hen. 7.12 and of Edw 6.5 Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councel which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebank they cannot be had Sir Henry Vane gives the Testimony I deny it four only remain First The Earl of Northumberlands Testimony which was read had declared expresly that he had never heard those words nor any like them from the Lord Strafford but he spake with great Honour and regard to the Kingdom of England Secondly the Marquess Hamilton who declared upon his Oath that he had never heard such words but that he had heard the Lieutenant often say that the King was to rule his Royal Power Candidè Castè that it would never be well for this Kingdom till the Prerogative of the Crown and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keep a correspondency between the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervail how these words rested only on the ears of Sir Henry Vane but my Lords said he that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foot in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made clear by the Testimony of Northumberland the Oaths of Marquiss Hâ—milton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a precident take sooting Westminster-hall shall be more troubled with Treason then with Common-Law look therefore to the Antecedents and Consequents of my Speeches and you shall find the state of the question clearly altered the Antecedents were upon an absolute or inevitable necessity upon a present Invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdom which acompts afterward to the Parliament The qualifications too in a lawful convenient and ordinary way so far as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is he not publicus inspector Regni Stands it not him in hand to do something on present necessities And that these were his words he often proved over and over again by the Marquess by the Lord Treasurer Cottington Sir Tho. Jermine My Lords what I have kept to the
the Laws Thirdly It is very considerable that the Lord Strafford is not charged to have subverted but only to have intended to subvert the fundamental Laws and this I conceive if there were no more might keep him free from that Statute of the twenty fifth of Edward the third For although as touching the King his Queen and Children intention is Treasonable yet in all other things there mentioned there must be action beside intention for it is not said if a man do intend to kill a Chancellor it shall be Treason but only if he do kill him and if he doth actually counterfeit the Broad Seal And although a man should prepare a Furnace make ready his Stamp melt his Bullion yet if he gives not the King's impression upon the Coyn all his intentions yea his preparations will not serve to make up a Treason And this under favour may serve to answer the Case of Guido Faux lately objected unless it be alleaged that the Lord Strafford had as reall an intention against the King's Life as Faux had For though the intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immense and vast a difference both is and ought to be betwixt a project against the Royal Blood and all things else of a lower and under Nature You see therefore my Lords that the body of the Statute cannot stick against the Lord Strafford neither in Letter nor in consequence this is not that must not be all that can be said is that his Fact may be Treason by the Common Law For my part I profess my ignorance who ever thought the Common Law might declare but never make a Treason that is it might be presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common Law or by Parliament are but two different ways of Proceedings and must both resolve into one Principle yea which comes home to the point in the one and twentieth of Edward the third To kill a man imployed in the King's War was Treason and the twenty third To kill the King's Messenger was Treason by Declaration of the Common Law but always by reason of the Statute yet none of these are now Treasons but Felonies only by reason of the intervening Statute the twenty fifth of Edward the third such hath ever been thought the force of its Letter and Declaration And so I will leave it and speak a word or two of the Salvo which is this That because all particulars could not be then defined therefore what the Parliament should declare to be Treasonable in time to come should be punished as a Treason And according to this Reservation in the eighth year of Richard the second one who was charged before the King's Bench was afterwards referred to the Parliament and there though the Fact was not contained in the body of the Statute yet because of the Proviso afore-mentioned it was adjudged Treason In the eleventh year of the same King the Duke of Ireland and Nevil Arch-Bishop of York were impeached of High-Treason by Gloâ—cester Arundel and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the one and twentieth of the same Richard the second the Tidâ—-turned and the King had such a hand with the Parliament that the Sentence was recalled and those three Noble-men themselves adjudged Traytors Again in the first of Henry the fourth his Successor that Revocation of the one and twentieth of Richard the second was repealed and the Sentence of the eleventh of his Reign established such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was That in the same Parliament the first of Henry the fourth a Petition was preferred by the Nobility to have Treason limitted with some Statute Because they knew not what to speak or what to do for fear thereof and in the tenth Chapter an Act was made upon this Petition that the Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was litterally contained in the Statute of the twenty fifth of Edward the third and therefore it is said in the Records That there was great joy at the making of this Act in that the drawn Sword hanging over every man's head by this slender Thred of a consequence or illation was moved by that Act. Add to this that in the first of Queen Mary the first Chapter the same is repeated That no man shall be punished in Life or Estate as a Traytor but for the Crime contained in the Statute 25 Ed. 3. without the least mention of a pretended Salvo The Earl of Northumberland's Case comes nigh to the Point he was charged with Treason the fifth of Henry the fourth and if the Statute of the first of Henry the fourth the first Chapter whereby this Proviso is Repealed had not intervened no doubt he had been condemned of Treason but he was only convict of Felony and that because he could not be drawn within the Letter of the Statute of the twenty fifth of Edward the third and I dare confidently say it that since that Act was made the first of Henry the fourth the first Chapter whereby the Proviso is Repealed no man hath ever been declared a Traytor either by King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I do offer to your Lordships considerations That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fifth of Edward the third and that the Salvo contained in the same stands Repealed almost two hundred years ago and this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact Then the Recorder spake some few Words to this purpose That what was spoken upon the Statute was because it seemed inseparable from the matter of Fact that they could proceed no farther 'till a State were afforded them that to do otherwise they conceived might be very prejudicial unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fix the Arguments otherwise he could conceive no possible way of proceeding and therefore in the Lord Strafford's Name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in the Law were unnecessary but whether done or not done