have opened That Law might no where stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction In taking on him a Power to make Laws In Domineering and Tyrannizing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might Your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall now come to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Iac. which the then Lord Deputy had in which was that Legal phrase Secundum antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estatâ— That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions than no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the Kings Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State should serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing The Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Councels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The Kings little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majesties Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not that disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we present next is a Peer of the Kingdom thrust out of his Possession by my Lord of Straffords Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Straffords Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these
November 6th 1640. THe House of Commons having in the first place according to ancient Custom setled all their Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges It was moved That in regard the Complaints of the Kings Subjects in Ireland were many who had undergone great Oppressions in that Kingdom by Male-Government there and come to this Parliament for Relief might be referred to a Committee of the whole House for that purpose only to be appointed This motion being made by Mr. Pym and seconded by Sir Iohn Clotworthy avowing many particulars of the Complaints mentioned to be true it made a Discovery to such as were well-wishers to Thomas Lord Wentworth Earl of Strafford and Lord Lieutenant of Ireland that this Motion was intended by a side-wind to accumulate Complaints against him the said Lord Lieutenant in order to an Accusation so when the question was put after long debate viz. Whether the Irish Affairs should be referred to a Committee of the whole House The House was divided Sir Iohn Clotworthy and Sir Henry Mildmay being of Opinion for the Yeas were appointed Tellers of the number of the Noes and Sir Edward Bainton and Sir Richard Luson being of Opinion not to refer this business of Ireland to a Grand Committee conceiving it without President were appointed Tellers of the number of the Yeas and when they had told all they came up to the Table and made this Report to Mr. Speaker That there were with the Yeas 165 and with the Noes 152 whereupon it was Resolved upon the Question That the Irish Affairs should be referred to a Grand Committee of the whole House to meet to morrow in the Afternoon at Two of the Clock in the House and afterwards every Thursday at the same hour and place And this Committee is Ordered to have the like Power as the other Grand Committees of the whole House have This Vote being carried for a Grand Committee as to Irish Affairs a Cabal of Friends to the Earl of Strafford sent down post unto him into York-shire to acquaint him that they apprehended a Design against him in the making of this Committee and left it to his own Election whether he would stay still on the Head of his Army or come up to the Parliament But if he did incline to come up that he would at his first appearance Impeach some Members of both Houses if he had Evidence for the same of being privy to the bringing the Scotch Army into this Kingdom and told him It was his wisdom to begin first and not to be first Impeached as the Earl of Bristol was by the great Duke of Buckingham The said Earl upon the receipt of this Advertisement suddenly resolved to come up and abide the Test of Parliament But his Friends then with him in the North told him That his frank appearance would make Politâ—ans doubt whether he did thereby assume his Judgment and wonted Prudence to go thus from his Army to the Parliament where his Wisdom could not but know that the Scots and Scotizing-English had resolved his destruction and therefore said they unto him It were better to keep under the safe-guard of the English Army at his Command from which he had acquired some affection or retire to the Army in Ireland then being also at his Devotion or take Sanctuary in some Forreign Parts till fair weather might invite him home neither said they would Discretion Vote it a betraying of his Innocency to decline a Trial whereby the means of Factions raised in England and Scotland by his malicious Prosecutors and backed with Power his Innocency could not protect him They further told him that if Sentence should pass against him for Non-appearance yet he had kept his freedom till better times when he might have occasion to do His Master better Service abroad than in Council at White-hall But the said Earl conceiving he had got good Evidence in the North that the Scots came in by Invitation and Confederacy between the Heads of the Covenanters and some of the English Members of both Houses and having digested such his Intelligence almost into the form of an Impeachment he posted up with the same intending to present it to the House of Peers as soon as he arrived there But on Wednesday Nov. 11th the House of Commons being acquainted by a Member that there was a business of great weight to be imparted desired the House that the Lobby without might be first cleared and the Key of the House brought up to the Table which was done accordingly and as the House had entred into debate about the Earl of Strafford there came a Message from the Lords by the Lord Chief Justice Bramstom and Judge Foster That the King had commanded the Lords Commissioners who were appointed to Treat with the Scots Commissioners at Rippon to give an Account to both Houses of Parliament of that which passed there and at York and thereupon the Lords desire there may be a meeting by a Committee of both Houses this Afternoon in the Painted-Chamber at Three of the Clock if the occasions of this House will give leave At this time many Members of the House conceived this Message was now sent to get Intelligence what private debate was in hand The House of Commons returned this Answer by the same Messengers That at this time they were in Agitation of very Weighty and Important Affairs and therefore they do doubt they shall not be ready to give them a meeting this Afternoon as the Lords desire but as soon as they may they will send an Answer by Messengers of their own After the Messengers were withdrawn the House proceeded in the Debate they were in before and appointed a Committee to prepare matter upon the said Debate for a Conference with the Lords concerning the 〈◊〉 of 〈◊〉 and named seven Members viz. Mr. Pym Mr. Stroud Mr. St. Iohn Lord Digby Sir Iohn Clotworthy Sir Walter Earle and Mr. Hampden Which select Committee retired immediately into the Committee-Chamber to prepare Matter of a Conference to be prayed with the Lords and a Charge against the Earl of Strafford The said Committee presently returned to the House and reported the Matter to them referred Whereupon it was Resolved upon the Question That a Message be sent from this House to the Lords in the Name of this House and of all the Commons of England to accuse Thomas Lord Wentworth Earl of Strafford Lord Lieutenant of Ireland of High Treason and to desire that he may be Sequestred from Parliament and be Committed to Prison and that within some convenient time this House will resort to their Lordships with particular Accusations and Articles against him Mr. Pym went up with this Message to the Lords and at his Return made this Report to the House That he had Repaired to the Lords and there in the Name of this House and of all the Commons of England did Accuse the said Earl of Strafford
of High Treason and that he had also delivered the other Particulars he had in Charge Their Lordships Answer was That they do desire to take this weighty Matter into their serious Consideration and will speedily send an Answer by Messengers of their own Afterwards Mr. Pym was sent up to the Lords with a Message that some fit course be taken that there may be free Passage between England and Ireland notwithstanding any Restraint made there to the contrary The same day came a Message from the Lords by the two Chief Justices That the Lords have taken into serious Consideration the Accusation sent from this House against the Earl of Strafford and have Sequestred him from the House and have Committed him in safe Custody to the Messenger of their House and they will move his Majesty that the Passage from Ireland into England may be open notwithstanding any Restraint made there to the contrary The Message delivered by Mr. Pym was in manner following My Lords The Knights Citizens and Burgesses now Assembled in the Commons House of Parliament have received Information of divers Traiterous Designs and Practices of a great Peer of this House and by vertue of a Command from them I do here in the Name of the Commons now Assembled in Parliament and in the Name of all the Commons of England Accuse Thomas Earl of Strafford Lord Lieutenant of Ireland of High Treason And they have Commanded me further to desire your Lordships that he may be Sequestred from the Parliament and forthwith committed to Prison They further Commanded me to let you know that they will within a very few days resort to your Lordships with the particular Articles and Grounds of this Accusation The Earl being required to withdraw it was debated by the Peers Whether he should be Imprisoned on a general Accusation without any particular act of Treason charged against him or not But upon the question it was carried in the Affirmative and he being called in kneeled at the Bar and after standing up the Lord-Keeper spake to him as followeth My Lord of Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day Accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few days produce in the mean time they have desired of my Lords and my Lords have accordingly Resolved That your Lordship shall be committed into safe Custody to the Gentleman-Usher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you And thereupon he was immediately taken into Custody by Iames Maxwell Usher of the Black Rod. Thursday Novemb. 12th 1640. A Message came from the Lords by the Lord Chief Justice Littleton and the Lord Chief Baron Davenport That the Lords have Commanded Us to let You know that in pursuit of your desire Yesterday to have the Ports open between Ireland and England some of the Lords had moved His Majesty in it and it shall be done speedily and effectually This day the House fell into serious Debate concerning Sir George Ratcliff an Intimate of the Lord Lieutenants of Ireland in whom he reposed great Trust and Confidence and by the discourse was as if he were guilty of High Treason in endeavouring to subvert the Fundamental Laws and that he did joyn with the Earl to bring in an Army from Ireland into this Kingdom and had joined with the said Earl to use Regal Power and to deprive the Subjects of this Kingdom of their Liberties It was moved that he might be sent for over as also for Sir Robert King who is a material Witness against the Earl of Strafford But for as much as they were Members of the Parliament then sitting in Ireland it was referred to a Committee viz. Mr. St. Iohns Mr. Selden Mr. Ieofrey Palmer Mr. Solicitor Mr. Maynard Mr. Grimston Mr. Chadwell Which Committee had Power to consider what was fit to be done in sending for Sir George Ratcliff and Sir Robert King in regard they are Members of the said Parliament now sitting in Ireland and to present it to the Consideration of this House and are to meet to morrow Morning at Seven of the Clock in the Committee-Chamber Ordered Mr. Speaker be intreated to be here this Afternoon to sit by at the Great Committee for Irish Affairs and if there be Cause to resume the House And accordingly the Grand Committee of the whole House sate this Afternoon upon the Irish Affairs and the Speaker sate by according to Order There came word that the Lords were come and expected the Committee of this House at the Conference concerning the Proceedings at the great Council at York Mr. Speaker assumed the Chair and it was moved That the Committees that sate in other places might be sent for to attend the Conference that those Gentlemen might be sent for by the Mace that were gone before to the Conference The House rose and the Committee went up to meet the Committee of the Lords at the Conference and Mr. Speaker adjourned the House and went home Friday Novemb. 13th 1640. Ordered that the Committee for preparing the Charge against the Lord Lieutenant being now Sine die meet this Afternoon at Four of the Clock in the Treasury-Chamber which Committee has Power to receive all such Petitions and Papers as may conduce to the business and have likewise Power to send for Records Papers Parties and Witnesses or any other thing that they shall think may conduce to the perfecting that Charge The King's Solicitor Reported from the Committee appointed to consider of the manner of sending for Sir George Ratcliff and Sir Robert King being as is inform'd Members of the Parliament in Ireland That the Committee were of Opinion That it is better to examine this Matter according to the Rules and Foundations of this House than to rest upon scattered Instances They distinguished between the Case of Sir George Ratcliff and Sir Robert King thus We find an Information given which if it be true of High Treason against Sir George Ratcliff then there is no doubt but in Case of High Treason Priviledge of Parliament neither here nor there doth reach to protect him but that Sir George Ratcliff may be sent for though a Member in Parliament there this was the Opinion of the Committee For the other Sir Robert King the Case did differ for to send for him to testifie in any Case were of dangerous Consequence or to send for him to testifie in the Kings Bench in Case of Treason where the Court doth ordinarily sit but this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing or in any ordinary Court for the Parliament is a Court that doth not ordinarily sit a Court of the great Affairs of the Kingdom therefore to be sent for hither
to this High Court and to testifie in a Case of the highest Nature in case of Treason informed of against Sir George Ratcliff We did conceive it to be no breach of Priviledge of Parliament that he should be sent for and if the House require of us our Opinions concerning the manner of sending for him we shall tell you what we conceive of it Which Report being made It was Resolved upon the Question That Sir George Ratcliff shall be forthwith sent for to answer the Information that is Charged against him here of High Treason Resolved upon the Question That Sir Robert King shall forthwith be sent for hither as a Witness to testifie in case of High Treason Mr. Solicitor likewise offered from the Committee to the Consideration of the House two Orders which were read in haec verba and by Vote Ordered accordingly viz. It is Ordered by this House upon the Question That Sir George Ratcliff being as is informed a Member of the Parliament in Ireland because there is an Information in this House of High Treason against him shall be forthwith sent for and brought hither in safe Custody no Priviledge of Parliament extending to this Case Ordered two Messengers to be sent with these Orders and each Messenger to have Copies of both the Orders It was likewise Offered from the Committee That the Honourable Persons near the Chair would beseech His Majesty that He would be pleased to give such Directions as in His Wisdom He shall think fit for the more Expeditious sending for these Parties Mr. Treasurer delivered this Message to His Majesty Saturday November 14th 1640. Mr. Treasurer after he had read out of a Paper the Message which Yesterday the House desired him to deliver to His Majesty Declared that he had acquainted the King therewith who this morning hath given Order to Mr. Secretary Windebank who deals for the Affairs into Ireland to make instant Dispatch to the Deputy there that all Expedition be done according to the Message Secondly Concerning the three Letters desired by my Lord Mountnorris they were procured by Mr. Secretary Cook who was imployed about the Affairs for Ireland at that time that he is now in the Country in Darbyshire His Majesty will take some time to be informed in this and no time shall be lost and there shall be an Account given Wednesday November 18th 1640. Ordered that no Member of this House shall visit the Earl of Strafford during the time of his Restraint without Licence first obtained from the House Ordered a Message be sent to the Lords to desire them that they would please to appoint a Committee of a very few that in the presence of some of this House might take such Depositions and examine such Witnesses as they should name upon Interrogatories and Questions as shall be presented to them by Order of this House concerning the Earl of Strafford and the Interrogatories Testimonies and Witnesses to be kept private until the Charge be made full and perfect Ordered that Mr. Pym go up with this Message accompanied with so many as shall be pleased to go Then the House fell into Debate concerning those Lords who petitioned the King for a Parliament to be called Whereupon it was Resolved upon the Question That those Lords which were Petitioners to His Majesty at York in their Petition a Copy whereof was here now read have done nothing but what was Legal Just and Expedient for the good of the King and Kingdom and is now approved by the whole body of the Commons Resolved upon the Question That the Copy of the Petition now read and formerly preferred by the Lords to His Majesty at York shall be here Entred Thursday November 19th 1640. It is Ordered That if occasion shall be for the examination of any Members of this House in the business concerning the Earl of Strafford they shall be ready upon Notice to be examined upon Oath It is likewise Ordered That upon the Message to be sent from this House the Lords be desired to make the like Order for the Members and Assistants of their House and to desire their Lordships that if occasion be that any Privy-Counsellors be produced as Witnesses they will take such course as in their Judgments they shall think fit that they may be examined This Message to be sent to morrow morning by the Messengers formerly sent Mr. St. Iohns Mr. Palmer Mr. Glimer Mr. Selden Mr. Grimstone Mr. Maynard Sir Simond D'ewes Mr. Whstiler Mr. Thomas Widerington Mr. Sollicitor This Select Committee or any two of them are appointed to search the Record of Attainder in the Kings Bench in such manner and at such time as they shall think fit for the furtherance of the Charge in hand against the Earl of Strafford Friday November 20th 1640. Mr. Whistler Reported from the Committee for Irish Affairs That he is required by the Committee to Report to the House the Affairs of that Kingdom as they were set forth in a Remonstrance made by the House of Commons in this present Parliament in Ireland wherein it appeared that Trading was destroyed Industry disheartned new and unlawful Impositions were Imposed the Arbitrary Determinations of all Causes for Goods Land and Possessions by Petitions and Act at Council-Table where no Writ of Error can lie and the King loseth a Fine upon the Original Writ thereby That His Majesties Gracious Inclination for the good of that Kingdom is kept from them That there is a Monopoly of the sole Trade of Tobacco of more gain to the Parties interessed therein than the King 's whole Revenue in Ireland The destroying of the Plantation of London-Derry The Exorbitant Power of the High Commission which cryeth loud in all the three Kingdoms The Proclamation forbidding any to depart thence for England without Licence and pay dear for it The many Subsidies given and Monies raised for the King and still he is in Debt and therefore demands an account of His Treasure and desires present Redress or Access to His Majesty A Copy of the Remonstrance was delivered in under the Hand of the Clerk of the Parliament there and was read and shall be entred if so Ordered That the Secretaries there Mr. Slingsby and Mr. Little be required to send hither the Book of Entries of the several Petitions presented to the late Lord Deputy now Lord Lieutenant of Ireland and the several Orders and Proceedings thereupon made That Mr. Little the younger and Mr. Carpenter who have the Monopoly for Tobacco be required to send hither those Warrants by which they demand and have laid those Taxes upon Tobacco That the several Affairs of the Custom-House and Ports viz. Dublin Kingsale Yowhall Waterford Corke Galloway Carrick-Fergus and Bangor be required to send hither their Books of Entries whereby the Impositions laid upon several Commodities may appear there were several Warrants issued forth according to this Order and
divert the Earl of Argile in case he joined with the Covenanters Army against the King but it was mentioned in the King's Letter 2. Mertii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir Iohn Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was setled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King
Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and is Resolved to give a meeting at the time and place as is appointed Wednesday April 28th 1641. Post Merid. Ordered That Mr. Solicitor St. Iohn have Power to send for such Records as he shall think needful for that Service committed unto him for maintaining the Point of Law in the Case of the Earl of Strafford The same Committee as was formerly appointed to keep the Doors at Westminster-Hall is appointed to keep the Doors again to morrow Mr. Solicitor and Mr. Maynard and Mr. Glyn appointed as Assistants unto him are to sit in the most convenient places in the middle of the lower Rank Mr. Edward Hide went up to the Lords with this Message to acquaint their Lordships That the House hath received such Information as hath moved some Fears in them that the Earl of Strafford may have a design to Escape that he hath Ships at Sea at Command and that the Guards about him are weak therefore to desire their Lordships he may be a close Prisoner and the Guards strengthened Mr. Hide brings this Answer That their Lordships had heretofore given Directions to the Lieutenant of the Tower that he should be close Prisoner and take Care for a stronger Guard and will take it into Examination and give Directions as is desired Friday April 30th 1641. Post Merid. Ordered That Mr. Solicitor be required from this House to bring in a particular Copy of his Argument Yesterday in Westminster-Hall and likewise that Mr. Pym bring him a Copy of the Speeches spoken by him in Westminster-Hall both at the beginning and latter end of the Trial of the Earl of Strafford A Copy of the Paper posted up at the Corner of the Wall of Sir William Bronkard's House in the Old Palace-Yard in Westminster declaring the following Names to be Enemies of Iustice. The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Thomas Danby Sir George Wentworth Sir Peter Wentworth Sir Fred. Conwallis Sir William Carnaby Sir Richard Winn Sir Gervas Cliffton Sir William Withrington Sir William Pennyman Sir Patrick Carwin Sir Richard Lee Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Mr. Pollard Mr. Price Mr. Trevanyon Mr. Ieane Mr. Edgcombe Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Loyd Mr. Herbert Captain Digby Serjeant Hyde Mr. Tayler Mr. Richard Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Doctor Turner Captain Charles Price Doctor Parry a Civilian Mr. Richard Arundel Mr. Newport Mr. Nowell Mr. Chichley Mr. Mallory Mr. Porter Mr. White Secretary to E. D. Mr. Warwick It is a Presumption that these Names were thus Posted up by some of those who came in multitudes to the Parliament House but he that took the List of their Names as Mr. Elsing told the Author was one Mr. W who Served for some Borough in the County of Wilts and who did not afterwards go to the King at Oxford in time of War though his Wife did but he staid in the Parliament to do what friendly Office he could for the King and his Party It is probable he gave a Copy of those Names to some Friends not intending to have the same made Publick in that manner The Name of one Member of the House that was in the List who is omitted in this viz. Sir Iohn Strangwayes who was not then in Town but Sir Iohn after his Return out of Dorsetshire complained that his Name was Posted up amongst others and moved that the business might be Examined how the List came abroad and was made Publick as aforesaid he being then in the Country Wednesday May 5th 1641. Mr. Solicitor is appointed to bring in his Argument he made in Westminster-Hall at the Trial of the Earl of Strafford on Monday last A Message from the Lords by Judge Reeves and Judge Forster That they give this House Thanks for sitting so long that they are still in Debate of the Bill against the Earl of Strafford so that this Night they cannot be ready for a Conference Saturday May 8th 1641. A Message from the Lords by Judge Forster and Judge Heath That the Bill of Attainder of Thomas Earl of Strafford is passed their House without any Alteration or Amendments Ordered That a Message be sent to the Lords to desire a free Conference by a Committee of both Houses concerning the Bill of Attainder of Thomas Earl of Strafford Mr. Hotham is to go up with this Message Mr. Pym is to manage this Conference the substance whereof is That in regard the Peace of the Kingdom doth much consist in the Execution of the Bill of Attainder of Thomas Earl of Strafford to desire their Lordships to move His Majesty as speedily as may be to give His Assent Mr. Hotham brings Answer That the Lords will give a present meeting at a free Conference by a Committee of both Houses as is desired Mr. Pym Reports That he had performed the Command of this House Ordered That this House shall joyn with the Lords to attend His Majesty to appoint a time when He would be pleased to set concerning His Assent to the Bill of Attainder of Thomas Earl of Strafford Mr. Pym brings word That the Lords have sent to His Majesty and this House shall hear from them very speedily A Message from the Lords by Judge Forster and Judge Heath That the Lords appointed by their House attended His Majesty who appointed that both Houses should attend Him at Four of the Clock in the banqueting-Banqueting-House concerning the Bill of Attainder That they have Passed the Bill concerning the not Dissolving the Parliament Monday May 10th 1641. The Gentleman-Usher of the Black-Rod came to signifie to the House That His Majesties Assent to the Bill of Attainder is now to be given by Commission and that the Lords did expect Mr. Speaker and the House of Commons to come up Articles of the Commons Assembled in Parliament against Thomas Earl of Strafford in Maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21th day of March in the Eighth Year of His Majesties Reign was President of the King's Council in the Northern parts of England That the said Earl being President of the said Council on the 21th of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limitted to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and
asked what was the sum and how long was it kept He answered The sum as I take it was 19000 l. on one Bond and 5000 l. on another and as I take it it was in the year 1638. Being asked again how long it was kept He answered It was paid lately within these three months Whence observe it was since the questioning of him in Parliament The Parliament proves a good Officer for the King there I shall reserve my self to give full satisfaction to this in its proper time it being part of my Charge But at present I desire Sir Adam Loftus may be ask'd the question Whether when I came into that Kingdom the constant Revenue fell not short of the constant Charge at least 20000 l. a year We except against Interlocutory discourses and having now concluded this part of the Charge we desire that if my Lord of Strafford would say any thing in answer to what hath been now said he might say it presently else we should be on great disadvantages My Lords I conceive the Proposition to be fair and it is that which I desire my memory being weak and not versed in these kinds of Proceedings I intended to have made it my humble suit for longer time to Answer to this days Proceedings but shall readily Answer every particular Article in order as they go along and shall obey and observe the Order proposed But as to these things which I did not expect as the Remonstrances and other Matters opened being not in this particular Charge I humbly crave Your Lordships leave and liberty to recollect my self and then I will give them the best Answer I can For to Answer them suddenly I confess I am not so well fitted as I trust I shall be And I desire leave to say in the presence of Almighty God That I shall desire to be delivered from the Afflictions that God Almighty hath laid on me for my sins no other way than as in the Intention of my heart and Endeavour of my mind I have been most faithful and true to His Majesty and the Common-wealth and I well trust and hope that by the time all these things come to conclusion and have been fully heard I shall recover in great measure the favour and good Opinion of the Honourable House of Commons in which House I have spent a great part of my time And I doubt not but it is known to divers that sit here what my Carriage and Behaviour hath been there And I desire no more and I am sure it will be granted they are so just and good but that they will reserve towards me an Opinion of Charity that I give such an Account as may preserve me to be the same in their Opinion that I was formerly I was never yet Impeached in my private Conversation of untruth and hope they will think of me charitably till they have heard the whole business and I doubt not but I shall take off in great part their hard Opinion and procure to my self their Compassion and Favour and that I shall go in peace and quietness to my Grave leaving all publick Employments whatsoever And I humbly beseech the House of Commons to incline a gracious Opinion to me so far forth that I am the same man in Opinion that I was when I was one of them and I doubt not but this out of their Nobleness and Goodness they will afford me But for these particulars I humbly crave that with Your Lordships good leave I may have a little time with my self to consider them because they be new and for the rest I shall obey Your Lordships Order and give them thanks No Exception is taken but to what is affirmed in his own Answer and the Commons will think it another mans Answer and not his own if he be not ready to make good the Truth of it These things should not be new for every man should be ready to maintain his own Assertions I am My Lords in an unknown way being not versed in these things if I might have had the Assistance of Council it would have been a great ease to me but it is not possible for me to recollect all which the Worthy Gentleman hath said so materially and with so much weight Matters of Fact I could answer to Article by Article but to answer presently so great and tedious a discourse so well delivered and so weighty I profess I am not able my Memory being not able to carry it But if Your Lordships would please out of Your Nobleness and Goodness to give me Respite to recollect my self to these things that be Generalities I should be able to give a good Accompt thereof protesting seriously That I think every part of the Preamble to be very Just and True and I hope under favour to make it appear so when I shall shew those things which have not yet been so fully informed and known as I trust they may be hereafter My Lords We humbly desire that since my Lord of Strafford is not ready to give Satisfaction to what hath been disproved in his Answer we may proceed to that which he is ready to give Answer and Satisfaction to and that my Lord of Strafford might understand That if he Answers not now what hath been said concerning the Preamble he must have no time to Answer it hereafter I Appeal to Your Lordships and I renew my Request That I may for these have time to recollect my Thoughts till next day If it may not be granted I beseech Your Lordships to bear with many of my Infirmities being very great both in Body and Mind and to consider That my sad Condition doth some way plead for a little Compassion and Favour I being in a way I was never in before and having not the great Parts that others have Yet rather than I should be thought to Abuse Your Lordships with Untruths I will do the best I can to maintain my Answer presently being confident through the Blessing of Almighty God that though the particulars thereof are delivered with a great deal of Weakness and Disadvantage yet Your Lordships shall find them Truths my own Heart I protest before God telling me so and hope that God will give me Help and Assistance to make it appear so And other than that I desire not to be for if I were the man I am represented I were not worthy to live I confess the Honourable House of Commons have proceeded against me with all Reason and Justice that can be being informed as they were they could do no less if they had done less they had not performed their Trust with that fulness they should and therefore I find no fault with them But I beg leave to express a Truth as well as God shall enable me hoping it will appear that all I have said is true as all is true to my knowledge And I know it is in the Heart of
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
and being demanded how the King would do if he were not supplyed by Parliament He said the King hath 30000 men and 400000 l. in his Purse and his Sword by his side and if he wants Money who could pity him That he said likewise he could make peace with the Scots when he list but that was the worst of Evils There were other words spoken by Sir George Wentworth my Lord of Strafford's Brother to a Gentleman a Member of the House of Commons that England was sick of Peace and it would never be well with it till it were again conquered These were the words of others his Creatures They shall prove his Lordship's own words and Counsels That he declared his opinion to my Lord Primate of Ireland that in case of necessity His Majesty might use his Prerogative to levy what he needed saving first to try the Parliament and if that supply him not then to use his Prerogative as he pleased That at another time when my Lord Conway a Nobleman of this House was pleased to ask him How the Forces raised and to be raised should be paid My Lord of Strafford said he doubted not but twelve Subsidies would be given My Lord Conway putting the doubt to him again What if they should not be given My Lord of Strafford was pleased to reply Then the King would be acquitted before God and Men if he took some other course to supply himself though it were against the Will of the Subject At another time when His Majesty had Graciously declared himself that he would have a Parliament he was pleased to say That in case the Parliament should not supply him he would be ready to serve him in any other way These Words and Counsels were all before the calling of the last Parliament In the time of the sitting of the Parliament the House of Commons were frequently urged by Messages procured by my Lord of Strafford from His Majesty to take consideration of the Kings Supply for a War a-against Scotland and before consideration and relief of the grievances in Religion and Government of the Kingdom 12 Subsidies were demanded for release of the Ship-money only and when the House of Commons were in debate concerning Supply and before they came to resolution by advise of my Lord of Strafford that Parliament was dissolved After the Parliament was dissolved they shall show how by divers Words and Counsels my Lord of Strafford endeavoured to incense His Majesty against His loving Subjects and so to slander them to His Majesty as to make a division between them And also of His design to bring in an Army upon us That he declared to His Majesty that the Parliament had denyed to supply him and had quite forsaken him and that he said to a Noble Earl of that House That the Parliament in this great distress of the King and Kingdom had refused to supply the King in the ordinary and usual way and therefore the King might provide for the Kingdom by such ways as he thought fit and that the King was not to suffer himself to be mastered by the frowardness and undutifulness of his people That he said at another time to a Nobleman in this House That the Parliament in denying to supply the King had given him advantage to supply himself by other ways And if worse words can be uttered or spoken than what have been mentioned they shall conclude with such of his words as none can be imagined to be of more fearful and dangerous consequence viz. The same day that the Parliament was dissolved my Lord of Strafford by way of advice and Counsel told His Majesty That now he had tryed the affections of His People and that he was loose and absolved from all rules of Government That he was to do all that Power would admit since he had tryed all ways and was refused and should in so doing be acquitted before God and men and that he had an Army in Ireland which he might employ to reduce his Kingdoms They began with that which concerned Scotland The Earl of Traquair being sworn was asked What he remembred to be spoken by my Lord of Strafford concerning the demands made by the Scots in their Parliament when he my Lord Traquair made relation of those demands with the time and other circumstances He Answered That it would be hard for him to answer to so general a question for their Lordships and a great many know that he made relation of the demands made by the Scotch Subjects in Parliament at two several times one by the King's Command here before the Lords of the Council Another by the like Command of His Majesty before the Peers at York But being directed to apply himself to the words spoken by my Lord of Strafford when he made his relation before the Council here His Lordship Answered That he could hardly give an Answer to such a general Question but he believed my Lord of Strafford when he was at Council gave his opinion in any thing brought in debate as the Lords of the Council did He knew what was brought in debate but cannot condiscend to every thing that my Lord spake there Mr. Whitlock here interposed and said That he mentioned not the particular words that might come from my Lord Traquairs own expression but the question he desired was Whether my Lord of Strafford did not say The demand of the Scotch Parliament was a sufficient ground for the War To which my Lord Traquair being Interrogated He Answered That he should very clearly declare to the best of his memory what he heard upon that occasion but for the present he could not remember particularly of any such words expressed by my Lord of Strafford here at Whitehall for he believes it was there when the Council met when he made the first relation But he remembred he was Deponed on these before and if it might stand with their Lordships pleasure and form he would willingly remit himself to his former Deposition Mr. Whitlock offered to their Lordships that for the recollecting of his memory my Lord Traquair might peruse the former Deposition But my Lord of Strafford opposed it because their Lordships having not yet made use of any thing taken on oath he desired that Rule might be still kept Mr. Palmer insisted on it it being not offered as a proof to be heard but because it was tender'd to him to vary being on his oath though but in a Syllable from what he had spoken before And Mr. Glyn added That this is very ordinary at Law But my Lord of Portland moved that the House might be Adjourned that the examinations should not be made use of My Lord Traquair desired that he might not be mistaken for he would express his Reasons and humbly submit it to their Lordships that he was by order of their Lordships examined on oath before and examined on the same question and he only submitted this to their
found the affairs of Scotland so distempered that he thought fit to reduce the Kings Subjects there by force His Lordship says That if the Demands struck at the root of Government then it was fit to say they should be reduced by force But the words were spoken before the reasons of the Demands were known and before he could know how they could be warranted by the Laws of that Kingdom and it is part of the Charge of the House of Commons That he said They struck at the root of Government which it appears they did not for those very Demands against which my Lord of Strafford delivered his opinion are since enacted by the Parliament of Scotland and confirmed by His Majesties Royal Authority in the Treaty which is very well known to divers of their Lordships sitting here My Lord sayes It was first resolved a War should be had and then for him to debate Whether an Offensive or Defensive War is no Crime but that receives a clear Answer for it was his Resolution his Advice That there should be a War and an Offensive War which shewes his Design against the Kingdom of Scotland My Lord labours to prove That the seising of the Scotch Ships was not by his Warrant but by Warrants otherwise procured That was not insisted on in the Charge and therefore they will not insist upon it in the Reply there is enough besides My Lord is further pleased to say That there is no substantial or concluding proofe of his intent that the Parliament should be only called to try whether there would be supply given or no and that is only deposed by my Lord Primate a single Testimony But my Lord Primate concurs with others in the same sence and meaning To my Lord Conwayes Testimony my Lord sayes That for the King to help Himself is a Natural Motion and proper to every one But the other words of my Lord Conwayes Testimony That the King might help and supply Himself though it were against the will of His Subjects must be understood not of a Natural but a violent motion and it appears to be my Lord of Straffords Design to have it so He comes to the Testimony of my Lord Treasurer and sayes That doth not at all touch him that he promised to assist the King in any other way in case the Parliament did not succeed But this proves his intent That if the Parliament were dissolved as he was willing it should as it will afterwards appear he would assist the King in any other way whatsoever He took a good Pattern Stare super vias antiquas and we shall prove that too but this was not via antiqua of Parliaments to propose Supplies in the first place and to put off consideration of grievances to urge nothing but to give to the King and before a Resolution whether they would give or not to informe against the Parliament by Misinformation My Lord mentions the Declaration of the House of Commons in Ireland concerning the giving of Four Subsidies for the Kings supply of the War with Scotland which is in the Charge but was not insisted upon But by shewing this my Lord of Strafford hath procured that which is likewise in the Charge That the Parliament of Ireland did engage themselves in the War against Scotland and by the Preamble of his Answer This was in my Lord of Straffords Knowledge and may be easily proved to be by his Procurement being the Chief Governor there He sayes That had he ever entertained such thought as the words proved import he should give Judgment against himself But as no mans thoughts can be proved but by his words and actions so the words proved do manifest that his thoughts were no other and shew clearly his intention to bring in an Army on us to reduce this Kingdom My Lord calls Sir Robert Kings Testimony a Report on a Report and sayes the like of the Testimony of my Lord Ranalagh which shall be answered when he comes to lay the whole matter together according to the course of opening the Articles Diverse Witnesses his Lordship produces to prove that the 8000 Foot raised in Ireland were designed for Scotland and particularly for the Town of Aire which is very improbable for that Town as was informed and will be proved was at that time very well fortified and the Coasts thereof and the Haven so barred and narrow that one of my Lord of Straffords own Witnesses says there could be no probability of Landing an Army there The like may be said of the Frith of Dunbarton that was Fortified long before And if their Lordships repair to some part of my Lord of Straffords Answer where he sayes they were to be landed in some places near the Country of my Lord of Argile to divert him These places are so far from his Country and such Armes of the Sea and unpassable Mountains are interposed that they could not be landed there with any intention to go to Argyles Country But admit there were a primary intention of this Army in some part of Scotland the Witnesses speak onely to what was intended before the Army was raised But when the Army was on foot my Lord of Straffords intention might be changed and it seems it was for he laboured to perswade His Majesty to make use of it to reduce this Kingdom He sayes The Testimony touching Sir George Wentworths words is single and spoken by his Brother and could not reach him but though one Witness testifies the words yet it may be made appear to their Lordships that presently after the words spoken Sir Tho. Barrington related them to other Gentlemen who are ready to testifie that he so related them But their Lordships seeming satisfied in that point directed him to proceed Next my Lord Discourses of my Lord of Bristols Testimony and the differences of opinion between them touching the summoning of a Parliament But my Lord of Bristol proves the following words That the King was not to suffer himself to be mastered by the frowardness of His People c. and to these no Answer is given To which Mr. Whitlock said he would further answer in the General Reply And so for the words proved by my Lord of Newbrough my Lord of Holland and diverse other Noble Lords of this House My Lord of Strafford was pleased to mention the Statute of 1 E. 6. ca. 12. where to compass by Preaching or saying to deprive the King is not for the first offence Treason though words of a more transcendent and high nature and hence he inferr'd that the words charged on him are not Treason But that Statute is onely of Treasons spoken of the King but not of Words and Counsels that advise the thing to be done And there is no Question but at this day for any man to Advise and Counsel the Destruction of the King is High-Treason notwithstanding that Statute These words charged on my Lord are a Declaration of his intention to subvert
never so many years could not Merit nor Deserve from Him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane sayes I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Counsellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21 th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but onely for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22 th Article is Answered already and the 23 th likewise In the 24 th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitiously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majesties Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should be an endeavourer to Subvert the Fundamental Laws of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time that Parliaments are the Onely Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Lawes of the Land I beseech your Lordships to call to mind how frequently and servently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Lawes of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofes for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the Kings Bench and the Common-Pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the Kings Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the Kings Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeate at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but the taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is very strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of
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-Commons-House in
our Religion our King our Laws our Liberties all that can be near and dear unto an honest Soul in one universal and general desolation to defeat I say the Counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to be specially intrusted with the preservation of the whole and in their Conscience perswaded that the dangers are so eminent as they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves by making a Solemn Protestation and Vow unto their God that they will unanimously endeavour to oppose and prevent the Counsels and Counsellors which have brought upon us all these Miseries and the Fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves the better before God and Man Here the Protestation was read unto the Lords together with the Grounds and Reasons which induced the House of Commons to make it which are prefixed before it by way of Preamble The Kings Speech on Saturday last to both Houses being publiquely known in the City rumours were spread abroad concerning desperate Plots and Designs against the Parliament which occasioned multitudes of people to resort the Monday following being May 3. to both Houses of Parliament in such a Confluence as hath not been usual they tendred Petitions to both Houses crying Iustice Iustice against the Earl of Strafford and when the Houses arose they departed Tuesday the 4th of May the Lords desired a Conference with the Commons which was managed by the Lord Privy Seal who spake to this effect That the occasion of the Conference was so visible that he should not need to say more of it the multitudes without bespake the business and matter of it That which he had to say was by Command from the King to the Peers to be communicated to both Houses of Parliament That His Majesty takes notice that the People do assemble in such unusual numbers that the Council and Peace of the Kingdom may be thereby interrupted and therefore as a King that loveth Peace and taketh care that all proceedings in Parliament may be free and in a peaceable manner he desires that these Interruptions may be removed and wisheth both Houses to devise a course how the same may be done At the same time the Lord Privy Seal communicated to the Commons a Petition which the Lords had the day before received from the multitude of people that flock'd together in the Palace-yard which was to this effect THat whereas your Petitioners did yesterday petition for the redress of many Grievances and for the execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on foot to which your Lordships have this day given Answer that you have the same under present consideration Your Petitioners do render humble thanks But forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of Men not of the Hamblets as usually they were wont to do but consisting of other persons under the Command of a Captain a great Confident of the Earl of Straffords which doth increase their fears of the suddain destruction of King and Kingdom wherein your Lordships and Posterity are deeply interessed and this is done to make a way for the escape of the Earl of Strafford the grand Incendiary They humbly pray that instant course may be taken for the discovery thereof and that speedy execution of Justice be done upon the Earl of Strafford Whereupon the Lords sent six Peers of their House to the Tower to understand what truth there was in this Information and to demand of the Lieutenant who chose those men to be lodged in the Tower whether he was privy to it himself and what Order he had to receive them and what Captain was to Command them To the two first he said he was wholly ignorant and for the Third he said he had His Majesties Command to receive One hundred men into the Tower and Captain Billingsly to Command them and to receive only such men as he should bring unto him but now understanding their Lordships Order he did promise that no other Guard should come into the Tower unless it were the Hamblet-men The Lords did further declare at the Conference that they were drawing to a conclusion of the Bill of Attainder of the Earl of Strafford but were so encompassed with multitudes of People that their Lordships might be conceived not to be free unless they were sent home whose flocking hither was the only hindrance to the dispatching of that Bill and therefore desired the Commons to joyn with their Lordships to find out some way how this Concourse about both Houses might be avoided And then they debated the Protestation and passed it and took the same After that the Commons returned to the House Doctor Burgess was desired to acquaint the Multitude with the Protestation which both Houses had taken which being read by him and also made known unto them that the Parliament desired that they would return home to their houses they forthwith departed The said Protestation was afterward tendred to the whole Kingdom with this intimation that whosoever refused to take it should be noted as disaffected to the Parliament The Commons forthwith ordered the bringing in of a Bill for the continuance of this present Parliament that it might not be Dissolved without the consent of both Houses which was read the First and Second time and committed That day the Earl of Strafford writ this ensuing Letter to His Majesty May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to
correspondency with and bringing in of Signior Georgio Parsons the Oratorian Priest by whose direction this Priest being at Paris left wearing of Priests Cloaths and went in the Habit of a Gentleman and because he had a shaven Crown therefore he wore a Periwig and Father Philips directed all those that sent to write to him as to an Italian Gentleman desirous to see these Kingdoms and by Father Philips's direction he afterwards came hither who did here contrive for the space of two years practising great and dangerous Innovations from place to place and then having dispatched his business returns to Rome with great Presents from the Catholicks of the greater sort XII Whereas it hath pleased God to bless us with a hopeful Prince to the comfort of our King and Kingdom yet the said Father Philips hath attempted to traduce his tender years to Popery but God hath prevented him of his purpose and let us pray to God to preserve that Royal Race from Popery and the whole Land from all Innovations that Our Gracious King may rule Gloriously and the whole Land live in peace to the Honor of God and Comfort of us all Amen Resolved That Mr. Henry Peircy in the Months of March and April last in the Parish of St. Martins in the County of Middlesex did compass Plot and Conspire with others to draw the Army together and imploy the same against the Parliament and by force and dread thereof to compel the Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the Parliament The like Resolution in the same words concerning Mr. Iermin Sir Iohn Suckling c. Resolved That in pursuance of the said Design the said Henry Peircy by the Plot and Combination aforesaid did endeavour to perswade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Wilmot Ashburnham Berkley Pollard and Daniel O-Neal that they were disobliged by the Parliament thereby to incense them and to affect them against the Parliament and did hold divers consultations with the said parties to effect the said wicked and dangerous Design and to that purpose did set down in Writing certain Propositions to the effect as followeth viz. The preserving of Bishops in their Functions and Votes The not Disbanding of the Irish Army until the Scots were Disbanded And the endeavouring to settle the Kings Revenue to the proportion it was formerly Resolved That the said Henry Peircy did in pursuance of the Plot and Combination aforesaid and for the more secret carriage thereof administer to the said parties a wicked and unlawful Oath whereby they did swear upon the Holy Evangelists not to reveal any thing that was spoken concernig the business that was in Consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken by them from the Secresie enjoyned by the said Oath Resolved That the said Henry Peircy at the time of the said Oath was taken and at divers other times did propound and endeavour to perswade the persons before-named and other Officers of the said Army to put the said Army into a Warlike posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will and he with Suckling c. did endeavour to work a belief in the said Army that the King and Parliament would disagree and so to persuade them to adhere to His Majesty against the Parliament and said that all the French about the City of London would assist them and to the great scandal of the King That the Prince and the Earl of Newcastle were to meet the Army at Nottingham with a Thousand Horse and that Suckling to encompass the Design of gaining the Tower did contrive that 100 Men under Capt. Billing sley should be designed for that purpose when the opportunity was offered To the end the City of London should not be able to make any resistance when the said Army should come up according to the forementioned Design and Suckling by the means and Plot aforesaid did thereby endeavour that the Earl of Strafford then Prisoner in the Tower might the better incompass his escape That Berkley and O-Neal being questioned did flye for the same Resolved That upon the whole matter Mr. Pierce shall be charged with High Treason the like for Iermin and Suckling That 3000 l. of the Pole-money be paid to Col. Goring for the use of the Garrison of Portsmouth Resolved That Col. Goring in his Depositions concerning this Discovery hath done nothing contrary to Justice and Honour but hath therein deserved very well of the Commons of this House Friday the 7th of May the Lords passed the Bill of Attainder as also the Bill for the Continuance of this present Parliament Saturday the 8th of May Mr. Hotham was sent with a Message to the House of Lords to desire their Lordships to joyn with them to move His Majesty for his Consent to the Bill of Attainder in regard the peace of the Ringdom doth so much depend upon the execution of that Bill which had passed both Houses and accordingly a certain number of the House of Peers were sent unto His Majesty to acquaint him therewith and also with the Bill for the Continuance of this present Parliament The House being informed That Ships were ready to be put to Sea but that Mariners could not be got It was the same day Resolved That a Bill should be drawn to enable the Pressing of Mariners for a certain time the House being very tender of bringing the way of Pressing into example by a Law Sunday the 9th of May the King called His Privy Council together at Whitehall and propounded several scruples unto them concerning that Bill some of the Judges and Bishops were present also to whom His Majesty imparted his doubts and had their opinions therein In Fine His Majesty gave Order for a Commission to impower the Earl of Arundel the Lord Privy Seal and two other Lords to give his Assent to the Bill for the Execution of the Earl of Strafford upon Wednesday following as also to the other Bill for the continuance of this present Parliament Monday the 10th of May the Commission passed the Great Seal accordingly and the Commons were sent for to the House of Lords to be present at the giving the Royal Assent to both those Bills The same day His Majesty sent a Message to both Houses that the Irish Army should be instantly disbanded and that he would that night dispatch an Express for the expediting thereof It was hereupon moved That Mr. Treasurer be desired by the House of Commons to return their Humble thanks to His Majesty and to assure him that they would make him as Glorious a Potentate and as rich a Prince as any of His Predecessors His
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
Articles ingrossed Mr. Pym gets leave to speak Mr. Pym Reports the Conference Thank 's to Mr. Pym. Message for a Conference Answer Mr. Whistler's Report from the Committee for Irish Affairs A Committee to meet a Committee of the House of Lords about the Examination of Witnesses in the Case of the E. of Strafford Petition from the Parliament in Ireland read Sir George Ratcliff not to speak with or write to the E. of Strafford A Troop of Reformado Officers in the Army to be disbanded A Message for a Conference for some of the Members to be present at the Examination of Witnesses Mr. Pym's Report A Message by the Commons Sir George Ratcliff to come in by a day A Report of the Conference for the Lords Members to be examined Another Message concerning Members to be present at the Examination A Protestation of Secrefie Articles against Sir George Ratcliff A Message Ratcliff Irish Army Petitions referred to the Sub-Committee Depositions concerning the Earl of Strafford A Message concerning Examinations The further Impeachment of the Earl of Strafford Sequestration of Thomas Earl of Strafford To open Letters Concerning Council for the Earl of Strafford The little Finger of the Law Ireland a Conquered Nation Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case Lord Mountnorris sentenced to suffer death by Martial Law The Lord Mountnorris put out of Possession Lord Dillon his Patent questioned The Lord Loftus close Prisoner not delivering the Great Seal The Earl of Kildare Committed Committee to consider of the Proof Members to manage the Evidence No Replication to the Earl's Answer Concerning the manner of the Trial of the Earl Concerning the place of Trial and the Council for the Earl The time of the Trial. Concerning the Place for the Trial. Members appointed to View the place of Trial. E of Strafford's Petition read The great Hall in Westminster appointed for the Trial of Thomas Earl of Strafford Menday Afternoon Afternoon The Petition of divers Citizens of London to both Houses of Parliament wherein is an accompt of their Grievances together with their desires for Justice to be executed upon the E. of Strafford and other Delinquents A Memorial of the Member that first took the Names The Prisoner at the Barr. Lord High Steward Lord High Steward E. of Strafford Lord High Steward Lord High Steward Mr. Pym. Lord High Steward Mr. Pym. E. of Strafford Lord High Steward Mr. Pym. Lord High Steward E. of Strafford Mr. Maynard Lord High Steward Mr. Pym. Mr. Maynard Lord Fligh Steward Mr. Pym. Sir Io. Clotworthy a Witness The Question Sir Io. Clotworthy Lord Ranulagh a Witness E. of Strafford Lo. Ranulagh L. Mountnorris a Witness Nicholas Barnewell a Witness E. of Strafford Mr. Pym. Mr. Egor a Witness E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance E. of Strafford Manager E. of Strafford Mr. Glyn. E. of Strafford Mr. Glyn. Remonstrance Manager Witness E. of Strafford Manager Lord High Steward Witness Witness E. of Strafford Manager Witness E of Strafford Manager E. of Strafford Witness Manager Witness Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager Lord High Steward E. of Straffords Speech Lord High Steward E. of Strafford Manager E. of Strafford Witness Kings Warrant read E. of Strafford Manager E. of Strafford Billetting of Soldiers in Dublin Increase of Shipping Jurors Sentence in the Star-Chamber Manager Lord High Steward Mr. Maynard Manager Article 1. Manager Manager Witness Witness Witness Witness E. of Strafford Manager E. of Strafford Manager Lord High Steward Manager F. Thorpe a Witness Manager Witness E. of Strafford Manager Lord High Steward E. of Strafford Lord High Steward Manager F. Thorpe a Witness George Hawes a Witness E. of Strafford E. of Strafford E. of Strafford E. of Straffords Defence Manager E. of Strafford E. of Strafford The Managers Reply Article 2. Manager Witness Sir Tho. Leyton a Witness Lord High Steward Tho. Harrison a Witness E. of Straffords Defence Witness E. of Strafford Manager Manager E. of Strafford Manager E. of Strafford Manager Lord Steward Managers Relpy E. of Strafford Manager Lord High Steward Sir David Fowles a Witness E. of Strafford Manager Article 3. E. of Strafford Manager E. of Strafford Manager Manager E. of Strafford Manager E of Strafford E of Strafford Manager Robert Kennyday a Witness E. of Strafford Manager Lord Corke a Witness Manager Lord Gorminstone a Witness Lord Killmallock a Witness Sir Pierce Crosby a Witness E. of Strafford Mr. Slingsby a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Strafford E. of Strafford Manager Manager E. of Strafford Managers Relpy Managers Reply Mr. Fitzgarret a Witness E. of Strafford Lord Gorminstone a Witness Lord Killmallock a Witness Manager Article 4. Manager Lord Ranulagh a Witness E. of Strafford Witness E. of Stafford E. of Corke 2 Witness Iohn Waldron a Witness E. of Strafford Manager E. of Strafford Manager E. of Strafford Manager E. of Castlehaven a Witness Manager Lord High Steward Roger Lotts a Witness Manager E. of Strafford Article 5. Manager Manager Lord Mountnorris a Witness Witness Witness Witness Lord Dillom a Witness Lord Ranulagh a Witness Manager Earl of Cork a Witness William Castigatt a Witness Lord Dillon a Witness Patrick Gough a Witness Lord Conway a Witness E. of Strafford's Defence Manager E. of Strafford Lord Willmott a Witness E. of Strafford E. of Strafford E. of Strafford Sir Robert Farrer a Witness E. of Strafford E. of Strafford Manager Manager Manager Earl of Ely a Witness Manager Manager Manager Article 6. Manager Thomas Little a Witness E. of Strafford Lord Mountnorris a Witness Mr. Anslow a Witness Manager E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Strafford E. of Strafford E. of Strafford E. of Strafford Manager E. of Corke a Witness Lord Ranulagh a Witness S. Adam Loftus a Witness Lord Mountnorris a Witness Earl of Bath a Witness E. of Strafford Manager Manager Mr. Anslowe a Witness William Brettergh a Witness Manager E. of Strafford Manager E. of Straffords Defence E. of Strafford Manager E. of Strafford Article 8. Manager Manager E. of Strafford Manager Manager Mr. Hoy a Witness Thomas Hibbots a Witness Lord Mountnorris a Witness Earl of Cork a Witness Manager Manager Manager Lord Corke a Witness Lord Primate a Witness Lord Renula a Witness Manager Lord Renula a Witness E. of Strafford Lord Dillon a Witness Sir Philip Manwareing a Witness The Managers Reply E. of Strafford E. of Strafford Article 9. Sir Ia. Montgomery a Witness Manager E. of Strafford Manager E. of Strafford Manager Article 10. Lord Ranulagh a Witness Sir Iames Hey a Witness Robert Goodwyn a Witness Henry Brawd a Witness Robert Cogan a Witness Iohn Welsh a Witness Lord Renula a Witness Patrick Allen a Witness E. of
Straffords Defence Lord Cottington a Witness E. of Strafford Lord Cottington a Witness E. of Strafford Lord Cottington a Witness Sir Arthur Ingram a Witness E. of Strafford E. of Strafford Lord Dillon a Witness E. of Strafford Mr. Maynard's Reply Article XII Charge Mr. Maynard Proclamation Proclamation Mr. Maynard Mr. Crosby Witness Mr. Maynard Mr. Allen. Winness Mr. Welsh Witness Mr. Gough Witness Patrick Gough Witness E. of Strafford Mr. Maynard Mr. Glyn. Mr. Blunkett Witness E. of Strafford Mr. Glyn. Mr. Crosby Mr. Maynard Mr. Maynard Mr. Gibson Mr. Slings by E. of Strafford Lord Robert Dillon E. of Strafford Mr. Gibson Mr. Maynard Mr. Gibson Article XIII Charge Benjamin Croky Witness Sir Iohn Clotworthy Witness E. of Strafford L. Rainalaugh Sir Iohn Clotworthy Witness L. Rainalaugh Witness Mr. Gough Witness Mr. Firzgarret Witness Mr. Maynard Mr. Maynard Mr. Glyn. Article XV. Charge Mr. Palmer Mr. Savill Witness Mr. Glyn. Mr. Savill Mr. Palmer Mr. Savill Mr. Maynard L. Strafford Mr. Palmer Mr. Pym. Mr. Savill Witness Mr. Palmer L. Steward Mr. Palmer Mr. Savill Gough Witness Richard Welsh Witness Patrick Cleare Witness Nicholas Ardah Witness Berne Witness Mr. Palmer Mr. Maynard Mr. Kennedy Mr. Palmer Mr. Little Witness Mr. Palmer Mr. Maynard Lord Strafford Lord Rana laugh Mr. Palmer Mr. Palmer E. of Strafford Defence Lord Dillon Mr. Palmer E. of Strafford Lord Dillon Tyrringham Conley Witness Henry Dillon Tyrringham Ranailaugh Strafford Palmer E. of Strafford E. of Strafford Mr. Palmer Mr. Pym. Mr. Palmer E. of Strafford Ardah Witness Savill Witness Dillon Witness E. of Strafford Mr. Palmer Reply Sir Arthur Tyrringham Article XVI Charge Iohn Loftus Witness Wade Witness Lorky Witness Richard Wade Witness Mr. Palmer Lord Roche Witness E. of Strafford Nash Witness Parry Witness E. of Strafford Mr. Palmer Afterwards His Majesties Attorney-General Linch Witness Fitz-gerard Witness Mr. Palmer E. of Strafford E. of Strafford Mr. Riley Witness Mr. Maynard Mr. Ralton E. of Strafford Mr. Gibson Dillon Wit ness Mr. Maynard Mr. Maynard E. of Strafford Mr. Wether inge Ralton E. of Strafford Slingsby Witness Little Witness E. of Strafford Mr. Palmers Reply Mr. Palmer Torky Witness E. of Strafford E. of Strafford Richard Wade Witness Patrick Gough Witness Mr. Glyn. Article XIX Charge Mr. Maynard Mr. Maxwel Mr. Whitlock Sir Iohn Clotworthy Witness Mr. Whitlock Mr. Salmon Witness Iohn Loftus Witness Mr. Whitlock Defence E. of Strafford Robert Lord Dillon Witness Manwaring Sir Adam Loftus Witness Maynard Whitlock E. of Strafford Mr. Slingsby Witness Trueman Witness Little Witness Ralton Sir Philip Manwaring Witness Robert Lord Dillon Witness Sir Adam Loftus Witness Sir Philip Manwaring Witness Whitlock's Reply Mr. Whitlock Mr. Maynard Stroud E. of Strafford Stroud E. of Strafford Article XX. Charge Article XXI Charge Article XXII Charge Artic. XXIII Charge Art XXIV Charge L. High Steward Whitlock E. of Strafford Whitlock Maynard L. H. Steward Mr. Whitlock E. of Strafford Mr. Maynard E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Traquair Mr. Whitlock E. of Traquair Mr. Palmer Mr. Maynard E. of Strafford E. of Traquair E. of Strafford L. Digby Mr. Glyn. E. of Strafford Mr. Glyn. E. of Traquair Mr. Whitlock E. of Strafford Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Strafford L. H. Steward E. of Morton Mr. Whitlock Mr. Whitlock E. of Traquair Witness Mr. Glyn. Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Strafford Mr. Whitlock E. of Northumberland Witness Bish. of London Witness Mr. Barnewell Witness Mr. Whitlock Archbishop of Armagh Witness L. Conway Witness Sir Henry Vane Witness Mr. Whitlock Sir Ro. King Witness L. Ranalaugh Witness L. Ranalaugh Witness Mr. Whitlock Mr. Maynard Sir Thomas Barrington Witness King Witness Ranalaugh Witness Mr. Whitlock Sir Tho. German Witness E. of Bristol Witness E. of Holland Witness Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Clare L. H. Steward Mr. Maynard Mr. Whitlock E. of Strafford Mr. Glyn. E. of Strafford Slingsby Witness E. of Strafford Marquis Hamilton Witness Mr. Slingsby Witness Sir George Wentworth Mr. Maynard E. of Strafford L. Treasurer Witness Mr. Maynard L. Treasurer Witness L. Cottington Mr. Maynard L. Cottington Mr. Maynard L. Cottington Marq. Hamilton Witness E. of Strafford M. Hamilton L. Goring Witness Mr. German Witness Mr. Glyn. L. Treasurer L. Cottington E. of Strafford Mr. Whitlock's Reply L. Conway Mr. Maynard Mr. Maynard Mr. Glynn L. Cottington Mr. Glynn Mr. Pym. Artic. XXV Charge Mr. Maynard L. Treasurer Tho. Wiseman Witness Tho. Wiseman Witness E. of Berkshire Garaway Lord Mayor of London E. of Strafford Garaway Defence of the E. of Strafford Mr. Glyn. Art XXVI Charge Robert Edwards Witness Palmer Witness Mr. Maynard Mr. Maynard Mr. Henley Witness E. of Straffords Defence I. Cottington Witness Mr. Maynard Mr. Maynards Reply Mr. Whitlock Mr. Strowd Garaway Witness Mr. Glyn. Mr. Strowde Art XXVII Charge Mr. Maynard Sir Hugh Cholmeley Witness Sir Henry Cholmley Witness Hotham Witness Stapleton Witness L. Wharton Witness Pennyman 〈◊〉 Mr. Maynard Griffin Witness Lord Clare Mr. Glyn. Mr. Strickland Witness Burroughes Witness Cholmeley Witness Dowsen Witness Pierson Witness Ingram Witness Griffin Witness Cholmley Witness Mr. Maynard E. of Straffords Defence Neale Witness Osborne Witness Mr. Maynard Pennyman Witness E. of Strafford L. Wharton L. Wharton Pennyman Witness Mr. Maynard Mr. Glynn Mr. Maynard E. Strafford Pennyman Witness Savill Witness Pennyman Witness Osborne Witness Savill Witness Rhodes Witness Danby Witness Mr. Maynard Wentworth Witness E. of Strafford Strickland Witness Edw. Osborne Wil. Pennyman E. of Strafford Mr. Maynard Cholmeley Witness E. of Strafford Mr. Glyn. Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Maynard Mr. Glyn. Mr. Maynard Mr. Glyn. Object Answ. Object Answ. Owen ' s Case of Sandwich in Kent The House of Commons Adjourned upon this Speech of the Kings in some dissatisfaction May the 3. the Commons having a Plot discovered fall into the Debate thereof And the same day Resolve upon a Protestation The Preamble to the Protestation The Commons send a Message to the Lords concerning the Plot. And desire a Select Committee to take Examinations upon Oath And that no Servant of the King or Queens Majesty departs the Kingdom till they be examined And sent a Letter to the Army to assure them of the Parliaments care of them The Commons past several Resolves These Resolves and the Protestation commuicated to the Lords Mr. Hollis his Speech in a Message to the Lords about the Plot. Multitudes of people flock to Westminster crying Iustice Iustice c. The people assemble again in multitudes which the Lords communicate to the Commons at a Conference And communicates the Petition of the multitude as followeth Desiring Justice and Execution upon the Earl of Strafford To be secured against Plots And against a Garrison newly put into the Tower To make way forth Earl of Straffords escape The Lords send Six Peers to the Tower to inquire of this business The Lieutenant said he had His Majesties Command to receive 100 men The Lords at the Conference declared That the Tumults hindred their proceeding upon the Bill of Attainder The Lords took the Protestation And the multitudes departed A Bill for the continuance of the present Parliament twice read The Earl of Straffords Letter to the King A great Hubbub in the City Conspirators fled The Queen desigas to goe to Portsmouth Proclamation to call in the Conspirators A Letter to prevent the design to engage the Army against the Parliament sent to Sir Iacob Ashly and Sir Iohn Conyers The Plot consisted of thre heads Capt. Bilingsly his Examination that he had Orders to get 100 men into the Tower The Earl expostulates about his escape Examination of three Witnesses more as as to the Earls escape Col Gorings examination about the Plot. Mr. Peircy his better against the Plot. Father Philips his Letter against the Parliament Earl of Holland General of the Army Father Philips to be sent for He appears Several Votes against Ar. Peircy about the Plot. Barkley and O-Neal are fled Mr. Peircy charged with High Treason A Vote to vindicate Col. Goring Bill of Attainder and for continuance of the Parliament passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder To Press Mariners The King Judges and Bishops consult about Strafford The King gives Warrant for a Commission to give His Assent to the Bill for execution of the Earl of Strafford The Royal Assent given this day and the Bill passed The King consents that the Irish Army should be instantly disbanded Thanks returned to His Majesty The Earl of Strafford's Petition to the House of Peers The Bill of Attainder * This Proviso hath occasioned the common discourse and opinion that this Judgment against the Earl was Enacted never to be drawn into President The Kings Letter on behalf of the Earl of Strafford Twelve Lords sent to the King QueenMother The Earl of Strafford brought to the Scaffold His Speech His Majestys Propositions tothe House of Commons touching Supply See page in the First Part of Historical Collections The Charge of the Scotch Commissioners presented to the Parliament The description of his Person and Family Mr. Slingsby's Interment His Extraction and Education
S r THOMAS WENTWORTH Kt. EARLE of STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhowse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of y e Councill established in y e North parts of England L d Lievtenant of y e County City of York one of his Ma ty most hon ble Privy Councill and Knight of y e most Noble order of the Garter THE TRYAL OF Thomas Earl of Strafford Lord Lieutenant of IRELAND Upon an Impeachment of High Treason BY The COMMONS then Assembled in PARLIAMENT In the Name of THEMSELVES and of All the Commons in England Begun in Westminster-Hall the 22 th of March 1640. And Continued before Judgment was Given until the 10 th of May 1641. Shewing the Form of PARLIAMENTARY Proceedings In an IMPEACHMENT of TREASON To which is Added A short Account of some other MATTERS of FACT Transacted in Both Houses of PARLIAMENT Precedent Concomitant and Subsequent to the said TRYAL With some Special Arguments in LAW Relating to a BILL of ATTAINDER Faithfully Collected and Impartially Published Without Observation or Reflection By IOHN RUSHWORTH of Lincolnes-Inn Esq LONDON Printed for John Wright at the Crown on Ludgate-Hill and Richard Chiswell at the Rose and Crown in St. Pauls Church-Yard 1680. To the Right HONOURABLE GEORGE EARL OF HALIFAX One of His Majesties most Honourable PRIVY COUNCIL My LORD NO Man I believe understands better than your Lordship the Interest and Concern that Posterity hath in a true account of all matters of moment that were transacted by their Ancestors and I know none in whose Devotion to the service of the King and Kingdom I could so confide as in your Lordships to Patronize this plain and full Relation of the proceedings in Parliament in the Case of the greatest Minister of State in his time I some times doubted that the Dedication of these Papers to your Lordship might be improper because of your Lordships Descent from the Sister of that great Personage whose unhappy Fate is here related But having well considered that Honor Truth and Justice have the Supreme Empire in your truly Noble Soul and that a full and clear Narrative of all the Matters of Fact that occurred in this great Affairs with the Intentions and Constructions of them as declared from the mouth of your Noble Ancestor himself is the fairest and justest way to represent him truly to future Ages I conceived it not unfit for your Lordship to favour this true Account of him which may protect his Name from the injuries both of Ignorance and Malice I ought not neither can I flatter your Lordship you are too well known to need any thing that can be said by me of your Worth and true Nobleness and the Character of this your Ancestor is best to be collected from the following Papers His Letters published by me in the Second Part of my Historical Collections and his Behaviour in this solemn Tryal here published discovers the greatness of his Parts the quickness of his Apprehension the excellence of his Wit and Eloquence the contempt he had of Death and the serene Composure of his mind in that Part of his Life which falls within this History I should not have dared to present this Work to your Lordship so nearly related to this eminent Minister of State if I had not been a Witnesse to all the steps of the proceedings in this great Action and if I had not taken in Characters as well and truly all that was said for him as what his Accusers said against him and therefore I can with great assurance aver it to be a candid Representation of Matter of Fact which is all I pretend to publish to the World andas far as the exactest care could carry me I have done it so punctually true that I am hopeful there is none can have any just Exception to any part of it My Lord There is none alive can judge of a Work of this nature better than your self who as you are descended from a Race of Statesmen being Nephew and Grandson to the Two chief Ministers of the last age this Great Earl and the Wise and Fortunate Lord Keeper Coventry so are you lookt on by all as a Person born for the Service of the KING and the publique good of your Countrey And as I have always had a constant Experience of your Goodness and Indulgence to my self so I humbly hope your Lordship will favourably construe my intentions in this Dedication and accept of it as a tribute of Duty and Acknowledgement humbly offered by May it please your Lordship Your Lordships most Humble Most Faithful and Most obliged Servant JO. RUSHWORTH March 25. 1680. THE PREFACE I Cannot think that there wants an Apology for publishing the ensuing Papers although the Press seems over-charged The Trial of Thomas Earl of Strafford was and is some way or other the Concern of every Man of England and the Commissioners of Scotland and Ireland thought those Kingdoms also Sufferers by his Deportment and joyned in the Prosecution against him All the Commons of England by their Deputies in Parliament were his Accusers and the Impeachment against him was in their Names The Matter of his Charge had Reference to every English Man and all their Posterities He was accused of designing to destroy the security of every of their Estates Liberties and Lifes and to reduce them all to be subject to meer Will and Pleasure It may therefore be said in the Maxim of our Government not much varying the sense Quod Omnes tangit ab omnibus tractari debet Every man ought doubtless to know his own Case to understand whether that Great Man was justly accused of such a hainous Crime and whether the Kingdom escaped such a fatal blow as was then alledged by his exemplary Fall under the Iudgement of the King and Parliament For this purpose I expose to the common view the whole Proceedings of his Trial being the most solemn deliberate and every way the greatest Tryal whereof we have any Account in our English Story The Preparations for his Tryal were made with an unusual solemnity and were the Results of the Prudence of many selected Lords and Commons as a Committee of both Houses The usual places for Administring Iustice and Tryals of Offenders were thought too mean upon so great an occasion and therefore Scaffolds were erected in Westminster-Hall fit to receive so great an Assembly as were to attend his Trial. His Majesty had a Closet provided for him the Queen and Prince near the place where the House of Peers sate and was every day at the Tryal of the said Earl and might hear what was said and see what Witnesses were produced and take a full view of the greatness of the Assembly and yet remain privately in His Closet unseen Seats were prepared for the Lord High Steward and all the House of Lords who sate as his Iudges Woolsacks
were placed for all the Iustices or Iudges to be their Assistants There were also Seats provided for all the Commons in Parliament though they came not with their Speaker and his Mace as a House of Parliament but as a Committee of the whole House Seats were likewise prepared for the Commissioners of the Kingdom of Scotland and Ireland which made it an Assembly of Three-Kingdoms At the lower end of the Scaffolds a place was provided for Thirteen Members of the House of Commons who were appointed for the Earls Prosecutors to manage the Evidence against him near to them stood the Prisoner with a Table before him and a Desk to write upon and a Chair was set for him to rest himself when he found it needful The Author of the ensuing Papers was purposely placed near the Earl to take in Characters whatsoever should be said either against or for him and to the best of his skill he did impartially put in Writing what was said in the Case Pro and Con he hath not wittingly or willingly omitted the least Particle said in the Prisoners Defence either by himself or any body in his behalfe he hath not varied the form or manner of his Expressions being full of Eloquence and pleasing Rhetorick and excellently adapted to move compassion both in his Iudges and the numerous Assembly of Auditors The Greatness of this Minister of State 's Tryal every way answered the High Station and Employments unto which he had been advanced and the lofty Designs he had managed And the Books of his Life from the time of his admission in the Cabinet of his Princes Council were exposed to the Worlds View and the most profound Learning of the Laws of our Countrey the sharpest Wit and the deepest wisdom of our Kingdom were employed to examine and measure what he had done Not only by those Rules of Iustice whereby all our ordinary Courts of Iustice are wisely bound by our Ancestors to proceed in the Trial of Criminals but by those Fundamental Rules and Maxims of our English Government which that Parliament asserted to be the safeguard both of the King and People and to be so reserved in the custody of the Supream Legislative Power that no Criminals by the violation of those First Principles which they said gave the Being to our Government can be judged otherwise than in Parliament the ordinary Iudges being obliged by that famous Statute of the 25th of Edw. 3. concerning Treasons to Respit Iudgment in all such Cases until the matter be declared in Parliament and Iudgment there given whether the offence whereof any shall be accused be Treason or other Felony This Tryal being upon an Impeachment for Treasons not specially named and declared in the Statute of the 25th Edw. 3. occasioned more industrious and exquisite searches to be made into the most antient Records of the Kingdom than had been for some hundreds of years and also caused the most Learned of the Long Robe to tumble over their Law-Books and to apply their minds to look into the bowels of our antient Laws and the reason of them from whence they had their Being and doubtless the Counsel on either side brought out of their most secret Treasuries the quintescence of all their Learning and Studies besides the weight of the Cause every mans Reputation pushed him to shew his utmost skill before so great and so grave an Assembly of such Critical and excellent Iudges and Auditors The Reader may find in these Papers all the sweetness of Learning Wisdom and Policy which was the issue of the long Labours and Travels of many industrious Bees in the whole spring of their youth and vigor The long continuance of this Trial is another Evidence of its greatness it begun the 22 of March 1640. and continued with the interposition of divers Intervals for deliberation and providing Evidence until the 12th of April 1641. And an ACT for Iudgment in a Bill of Attainder passed against the Earl in the House of Commons the 21 of the same month and in the House of Peers on the 10th of May following I ought not to anticipate the Reader with any thing that happened during this solemn Tryal nor to point at matter of Law or Fact every Reader ought to suppose himself present at the Tryal and to make his own Comments upon the Law and Fact as it appeared every Professor or Student of the Law may transcribe into his Common place Book what he shall judge of most use and every States-man may do the like in his Studies and every Man great and small may if he please make excellent Moral Reflections upon the Rise Greatness and fall of this seeming Fortunate and yet at last Unfortunate Gentleman This Great Mans principal Crime objected against him by the Parliament was his attempts to subvert that excellent Law called The Petition of Right which he himself especially in a Speech made by him in Parliament on the 22 of March in the year 162â— had promoted and pressed with the most ardent Zeal as the best Inheritance he could leave his Posterity and all the Laws confirmed and renewed in that Petition of Right were said to be the most invenomed Arrows that gave him his mortal wound but how justly these were urged against him is not my part to determine I wish my Labours in Collecting truly the Matter of Fact may be an occasion to many to make True and Righteous Iudgment in this particular Case so much Controverted and that from these Matters of Law and Fact such right measure may be taken that all our future Ministers of State may escape the conjoyned Complaints of the Three Kingdoms against them and that the Government may be so Administred as shall best conduce to the happiness of the King and Kingdom ADVERTISEMENT THere is lately published Historical Collections The Second Part. Containing the principal Matters which happened from the Dissolution of the Parliament on the 10th of March 4 Car. I. 162â— until the summoning of another Parliament which met at Westminster April 13. 1640. With an Account of the Proceedings of that Parliamet and the Transactions and Affairs from that time until the meeting of another Parliament Nov. 3 following with some remarkable passages therein during the Firstsix months Impartially related and disposed in Annals Setting forth only Matter of Fact in order of Time without Observation or Reflection By Iohn Rushworth of Lincolns-Inn Esq An Introductive Account of several Passages previous to the GRAND TRYAL of Thomas Earl of Strafford who was Impeached by the House of Commons on the 11th of November 1640. As also of Passages and Proceedings in Parliament from that time unto the 22. of March the same Year when his Trial first began in Westminster-Hall Likewise an Account of Proceedings and remarkable Passages in both Houses of Parliament and some material Matters elsewhere Concomitant to the said Trial during the time it lasted which was until the 30th of April 1641. Friday
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
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
great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Iudice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruine and Destruction of the Common Wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruine and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be Licenced by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. Monday November 30th 1640. Sir Thomas Roe Mr. Pym Mr. Strode Mr. St. Iohns Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Maynard Mr. Hyde Mr. Whistler Mr. Palmer Mr. Glyn Mr. Solicitor Mr. Selden My Lord Dungarvan Sir Francis Seymor Sir Hugh Cholmely Lord Wenman Sir Io. Evelyn Sir Benjamin Rudyard Sir Iames Thynn Sir Iohn Culpepper Sir Iohn Strangwaies Sir Symon D'Ewes Mr. George Vane Lord Cramborne Lord Compton Mr. Bellassis Mr. Kirton Sir Thomas Hutchison Sir William Bowyer Sir Iames Smith Sir Arthur Ingram Lord Russell Lord Ruthin Mr. Comisby Mr. Noel Sir Thomas Bowyer Mr. Cecill Lord Fairfax Sir Thomas Widdrington Sir Peter Hayman Sir Iohn Holland Mr. Iames Fynes Sir Robert Crane Sir Iohn Corbet Mr. Io. Alford Sir Roger North Sir Edmond Mountford Mr. Whitlocke Mr. Mountagne Lord Faulkland Sir Peter Stapleton Sir Henry Mildmay Lord Herbert Sir Richard Wynn Sir Edward Rodney Sir Ralph Hopton This Committee is to meet with the Committee of 30 of the Lords concerning a Message sent hither on Friday last from their Lordships touching a Message sent formerly from this House to them by Mr. Pym for the Examination of their Members in the Accusation of the Earl of Strafford and touching a free Conference upon the last Point of that Message that some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford The Petition of several of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten directed to the whole House of Commons in England read The Humble Petition of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten To the King 's most Excellent Majesty read The two Gentlemen Mr. Io. Bellewe and Mr. Oliver Castle who brought over those Petitions were called in and demanded by Mr. Speaker several Questions These Gentlemen were again called in and Mr. Speaker told them This House has taken into Consideration your Petition and in due time you shall know the Pleasure of this House Ordered That the Lieutenant of the Tower be required from this House that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford a Prisoner there until further Order be given from this House nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him or if any such be to
the safe Custody of Sir George Ratcliff they had sent for him and had taken Order in it and touching the receiving of the Examinations in this Cause there should be the same course observed in them as was in the Earl of Strafford Thursday December 31. 1640. The Articles against Sir George Ratcliff by former Order ingrossed were twice Read And then it was Resolved upon the Question That these Articles thus ingrossed and read shall be sent up to the Lords by the Commons Assembled in Parliament in maintenance of their Accusation of Sir George Ratcliff whereby he standeth Charged of High Treason And it is Ordered That Mr. Pym go up with these Articles Resolved upon the Question That a Message be sent forthwith to the Lords to desire a Conference of both Houses concerning Articles exhibited in maintenance of the Charge against Sir George Ratcliff Sir Iohn Strangways went up with this Message It was moved That the House would think of some Answer to the Lords concerning the Charges against the Lord Archbishop of Canterbury and the Earl of Strafford delivered from the Scottish Commissioners at a Conference by a Committee of both Houses Monday Ianuary 4th 1640. Ordered That a Conference be desired with the Lords to morrow morning concerning the state the disorders and dangers of the new levied Irish Army and to present them to their Lordships and to desire them to join with the House in a Petition to His Majesty for the disbanding of that Army The Committee appointed for the Earl of Strafford's business are to prepare the Heads of this Conference and the Members of this House are required to bring into this Committee between this and to morrow morning such Informations as shall come to their Hands conducing to these matters Sir Walter Earle and Sir Iohn Clotworthy are to manage this Conference It was likewise moved That at this Conference Considerations might be had of the great Resort daily made to the Earl of Strafford Mr. Nathaniel Fines is to go up to morrow morning with a Message to the Lords to desire a Conference with their Lordships concerning the Disorders and Inconveniences of the new levied Irish Army And to desire a free Conference concerning those Declarations presented by the Scottish Commissioners against the Lord Lieutenant and the Lord Archbishop of Canterbury as Incendiaries Sir Peter Hayman to go up with this Message The Subject of his Conference to be to present to the Lords that it may be made known to the Lords Commissioners that the Scottish Commissioners be desired to bring in their Proofs against the Lord Lieutenant and the Lord Archbishop of Canterbury to the end the Parliament may proceed to Judgment Tuesday Ianuary 12th 1640. Ordered That the several Petitions of Sir Henry Wallop the Lord Viscount Nettersfield be referred to the Sub-Committee formerly appointed by the Grand Committee for Irish Affairs for the business of Sir Henry Wallop because there is something in those Petitions that will materially conduce to the Charge of the Earl of Strafford Ordered That the Committee appointed to prepare some fit way of Representing to the Lords the four Irish Causes formerly Reported here viz. That of the Lord Mountnorris the Lord Dillon Lord Viscount Ely and the Earl of Kildare do sit Friday Ianuary 15th 1640. Ordered That the Committee appointed to draw up the Charge against the Earl of Strafford shall desire to have the Depositions that are yet sealed up delivered unto them and may add and insert such particular Instances and other Circumstances as they in their Discretions shall think fit to the several Articles delivered in Charge against the Earl of Strafford according to the saving in the conclusion of those Articles and that they present the whole matter to the House on Monday morning next Saturday Ianuary 16th 1640. Mr. Pym went up to the Lords with a Message to this Effect To desire their Lordships That those Examinations which at the Request of this House were taken in the Case of the Earl of Strafford by the Lords deputed to that purpose may be delivered to the Commissioners of this House appointed to draw up the Charge against the Earl that they may make use of them for the enlarging of their Charge in particularities of Evidences according to the Clause of Resolution in the conclusion of the said Charge and likewise to make a Declaration That howsoever by the Course of Parliament this House might proceed with the Charge in general yet to avoid all scruples and to bring the business sooner to a conclusion they do desire to conclude in this way Saturday Ianuary 23. 1640. Mr. Selden Mr. Palmer Mr. Whitlock Mr. Maynard By Order are added to the Committee that are to draw up the Articles against the Earl of Strafford Thursday Ianuary 28th 1640. The further Impeachment of Thomas Earl of Strafford by the Commons Assembled in Parliament was this day read Friday Ianuary 29th 1640. Ordered That the Consideration of the Commission granted to the Earl of Worcester and his eldest Son the Lord Herbert and some Commissions by them granted to others for the levying of Forces in the several Counties of England and Wales and all the Circumstances depending thereupon be referred to the Committee to draw up the Charge against the Earl of Strafford and to consider of the Magazine in Sir Piercy Herbert's Custody Saturday Ianuary 30th 1640. The further Impeachment of Thomas Earl of Strafford was again read and the Title of the Impeachment and every Article and the Conclusion were every of them particularly put to the Question and were every of them assented unto and Resolved upon the Question And afterwards it was Resolved upon the Question That these Articles being engrossed shall be forthwith sent up to the Lords Ordered That Mr. Hambden go up with a Message to the Lords to desire a Conference with their Lordships presently if it may stand with their Lordships Occasions by a Committee of both Houses touching the further Impeachment of Thomas Earl of Strafford Mr. Pym is to manage this Conference and Mr. Maynard is to be Assistant to him Mr. Pym acquaints the House That according to their Command he had delivered unto the Lords the Articles for the further Impeachment of Thomas Earl of Strafford Ordered That the Thanks of this House be given to Mr. Pym and to the whole Committee for the great Service they have done this House in the great pains they have taken in preparing and drawing up the Charge and Articles against Thomas Earl of Strafford Tuesday February 16th 1640. Sir Philip Stapleton went up to the Lords with a Message to desire a Conference with their Lordships by a Committee of both Houses presently if it may stand with their Lordships Occasions concerning the Earl of Strafford Resolved upon the Question That the Heads Reported by Mr. Pym from the Committee appointed to prepare the Heads of the Conference to be desired with the Lords
were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Council of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Iacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Iacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the Answer to this Article and to the same Letters the said Earl referreth himself The said Earl upon sight of this and Sir Iacob Ashley's Letter had reason to believe that all fitting preparation was made and then understanding that if the Scotish Army should pass the River not only New-Castle altogether Unfortified on the South part would be lost but the said Army of 11000 Foot and 2000 Horse endangered and hearing that the Scotish Army were distresied for want of Victuals and knowing the advantage that was in opposing the Passage of such a River Hereupon the said Earl by a Letter dated the 27th of August advised the Lord Conway with all the Horse and at least 8000 Foot and all the Cannon to March and Fight with them upon the passage of the River at which time the said Earl had no Charge of the Army but the truth is the Lord Conway having not with him all the Horse and not above 1500 Foot and only some part of the Cannon was in a posture to fight for the passage before the said Letter of advice came which he received not half an hour before the Fight began and proceeded according to his own judgment and His Majesties said general Direction and afterwards that is about the 30th of August and not before the said Earl took upon him the Charge of the Army at Darlington and brought it to York to be supplied with Necessaries that they wanted and purposed to have staid where they were quartered But hearing from many hands that there was a purpose to question him in Parliament and His Majesty having given him Liberty of staying there or coming away he left the Charge of the Army with the Lord Conway and other Officers as His Majesty had directed and came to London on Monday the 9th and the 11th of November was put under Restraint and so hath ever since remained And saith That the Town of New-Castle was no way under his Care and as to other matters whereto by Law he ought to answer and hath not answered he saith He is not Guilty of them or any of them in such manner and form as in the said Article is expressed and humbly prayeth a convenient time for making his Proofs and to justifie and maintain his Actions in Ireland by sight of His Majesties Warrants Records and Witnesses in that Kingdom and that if any mistake be in this Answer it may be amended And this the said Earl hopeth that upon equal Construction of his Words and Actions he shall appear free from any great and hainous Offences wherewith he is Charged and howsoever it shall please God to dispose of him he shall ever pray that by their Lordships great Wisdoms and Prudence the Affections of His Majesty and Duty of His Subjects may this Parliament be so surely knit together as may by God's blessing lastingly tend to the Prosperity and Flourishing Estate both of King and People Friday February 26th 1640. Ordered That the same Committee that was formerly appointed to draw up the Charge against the Earl of Strafford with the Addition of Mr. Palmer Mr. Selden Mr. Whitlock and Mr. Maynard do consider of the Articles and further Impeachmment of Thomas Earl of Strafford by the Commons and likewise the said Earl's Answer to those Articles and further Impeachment And they are likewise to consider of the Proofs and how the Witnesses may conveniently be brought together to give their Testimony Viva Voce in the business and they are to proceed in the secretest and speediest way they can for the advantage of the business in preparing it for a Trial and further Proceedings and they have Power to send for Persons Witnesses Papers Records or any thing else that they in their Judgments shall conceive fit or may conduce to the Service and they are to meet this Afternoon at Two of the Clock in the Treasury Chamber The four Lawyers that were added to the Earl of Strafford's Committee made their Protestation of Secrecy openly in the House Sir George Wentworth upon his Protestation made to the House to keep secret all such Matters as passed this day had leave to resort to his Brother the Earl of Strafford but all the other Members of this House are restrained from resorting unto him without leave first obtained Saturday February 27th 1640. Mr. Whitlock Reports from the
of the Clock in the Treasury-Chamber A Message from the Lords to desire a free Conference by the same Committee that last met touching the Demands concerning the Trial of Thomas Earl of Strafford in the Painted-Chamber presently if it may stand with the conveniency of this House Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently by the same Committee as is desired The Committee for the Earl of Strafford are appointed to manage and Report this Conference Friday March 12th 1640. Mr. Whitlock Reports from the Earl of Strafford's Committee such Heads as that Committee does present unto this House to be the Heads of a free Conference to be desired with the Lords concerning the matter of the last free Conference with the Lords touching the Trial of Thomas Earl of Strafford Upon this Report It was Resolved upon the Question That this shall be the first Head of the free Conference viz. 1. As concerning Place that this House doth conceive that although the Bar of the Lord's House be removed and some Members thereof absent yet without the Bar the Room will not be sufficient to contain the Members of the House of Commons and that their Lordships will be pleased to direct some other Place for the Trial. For the Presidents concerning the Place their Lordships take notice in their Conference That the Parliament sate in the Chamber Blank 1 R. 2. but the Parliament being Summoned to appear at the King's Palace at Westminster if one Room be not convenient another Room might be desired that shall be more convenient Resolved upon the Question That this shall be the Second Head of the free Conference viz. 2. That the Earl of Strafford being Impeached by the Commons it doth belong to the House of Commons to Resolve who are to be present at the Trial and that of Right they may come as a House if they please but however they are Resolved to send their own Members as a Committee of the whole House Resolved upon the Question That this shall be the Third Head of that free Conference viz. 3. That by the managing of the Evidence this House doth mean the ordering applying and inforcing the Evidence according to the truth of the Fact Ordered That the Fourth Head of this Report now made from the Committee of the Earl of Strafford concerning the matter of Council be recommitted to the same Committee with the addition of the Lawyers of the House as was Yesterday made and they are likewise to take into Consideration what those Gentlemen have incurred that have been of Council with the Earl of Strafford he being accused of High Treason by this House in the Name of Themselves and of all the Commons of England and to present to this House what they think is fit to be done in that business and Mr. Peirepoint and Mr. Martin are added to this Committee as to this business and they are to meet this Afternoon at Two of the Clock in the Treasury-Chamber Saturday March 13th 1640. Mr. Peirepoint is appointed to go to the Lords to desire a free Conference by the same Committee that was last appointed for the free Conference touching the Trial of Thomas Earl of Strafford Mr. Whitlock Reports from the Committee for the Earl of Strafford That the House had heard part of this Report the other day viz. 1. The place of Trial. 2. The Persons to be present 3. The managing of the Evidence these three passed their Vote Yesterday The Fourth Head concerning Counsel was recommitted which received this Resolution That the Commons do acquaint their Lordships that if at any time during the Evidence the Counsel for the Earl of Strafford shall interpose when the Members of this House that are appointed to manage the Evidence are speaking they must of necessity desist because it will not become them to plead against Counsel and as concerning the allowing of Counsel in matters of Law and reserving to their Lordships to judge the Doubts what is matter of Law and what Fact the Commons do save to themselves all Right that doth appertain to them according to Law and course of Parliament and do declare That the Proceedings in this Case shall not be drawn into President to the prejudice of the Commons For the other matter concerning the Offence of the Counsel of the Earl of Strafford by being of Counsel with him without leave of this House the Committee could not proceed the other matter taking up the whole time The Committee for the Earl of Strafford are to manage this Conference Mr. Whitlock acquaints the House That according to the Command of this House he had delivered unto the Lords the Votes that had passed here concerning the Trial of Thomas Earl of Strafford A Message from the Lords desiring a free Conference by the same Committee touching the Demands concerning the Earl of Strafford presently in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired The same Committee is to manage and Report this Conference Mr. Whitlock Reports from the free Conference touching the Demands concerning the Trial of the Earl of Strafford That the Lord of Bath was pleased to declare in the Name of the Lords That the House had taken into Consideration those Demands made this Morning and agreed upon an Answer to every one of them First As to the Place they had agreed it should be in Westminster-Hall and the King to be made acquainted with it by the Lord Great Chamberlain Secondly For Persons their Lordships agreed to it That the House of Commons be present as a Committee of the whole House for this time with a saving of the Right of the Lords House either according to Law or Parliamentary Proceedings and that this shall not be drawn into President hereafter on either side For the Third For the managing of Our Evidence they grant it wholly For the Fourth For Counsel in managing and forcing of Evidence the Counsel of the Earl of Strafford is not to speak nor interrupt the matter of the House of Commons until all the Evidence is finished and the Counsel is not to stand at the Bar but in some convenient place where they may hear and that they may speak for matter of Law but not for matter of Fact and that not unless their Lordships shall see fitting Next For the time my Lord of Bath did tell Us They could not yet Resolve upon it till the Surveyor and Workmen that did take care to build the Scaffolds did give account how soon they could be ready Ordered That it be referred to the Committee for the Earl of Strafford with the addition made to the Committee for this purpose to consider of the saving and the other part of the Report now made from the
free Conference concerning the Trial of Thomas Earl of Strafford and they are to present to the House what they think fit to be done thereupon Monday March 15th 1640. A Message from the Lords That the House of Peers desire a Conference concerning the time of the Earl of Strafford's Trial and some other Circumstances that concern that Trial they desire it presently in the Painted-Chamber if it may stand with the conveniency of this House by the same former Committee Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired by the same Committee Mr. Whitlock Reports the Conference had with the Lords concerning the Trial of the Earl of Strafford in haec verba That the Lord of Bath did tell Us That he had something to acquaint Us from the Lords That their Lordships had Ordered That the Place for the Trial of the Earl of Strafford shall be in Westminster-Hall That the King hath been acquainted therewith and hath been pleased to assent thereunto That the time for the said Trial shall begin on Monday next at Nine of the Clock in the Forenoon and that against that time Care is taken that all things shall be prepared and made ready and that the Lords will be pleased to give notice of the time appointed for this Trial to the Earl of Strafford to attend accordingly and a Warrant is to be directed to the Lieutenant of the Tower to bring the said Earl of Strafford at the time and to the place aforesaid After this the Earl of Essex told Us The Lords did take into Consideration something alledged in the Earl of Strafford's Answer to the 27 Article wherein the Peers that were of the Great Council had some Aspersion cast upon them that they had entred this Protestation Whereas the Lords of the Great Council at York to clear their Honours only have made their Protestation That they did neither Command nor Approve the raising of Monies in York-shire as is alledged by the Earl of Strafford in his Answer to the 27th Article Now the said Protestation is by this House unanimously admitted And it is likewise Ordered That so much may be intimated to the Committee of the House of Commons at the next Conference Moved That the Committee for the Earl of Strafford do consider of the last part of the Report now made concerning the Protestation made by the Lords of the Great Council at York how far they may make use of it in the Evidence at the Trial of the Earl of Strafford Ordered That the Committee for the Earl of Strafford consider of the last part of the Report of the Commitee concerning the Protestation made by the Lords of the Great Council at York how far they may think fit to make use of it as Evidence at the Trial. Tuesday March 16th 1640. Mr. Whitlock Reports from the Committee for the Earl of Strafford That whereas the House of Commons have formerly declared to their Lordships that the Earl of Strafford being Impeached by them they do conceive it doth belong to them to Resolve in what manner they will be present at his Trial and that of Right they may come as a House if they please but for some special Reasons upon this occasion they are Resolved to send their own Members as a Committee of the whole House Authorized by the House to be present at the Trial to hear and some particular Persons of themselves to manage the Evidence The House of Commons doth still continue their Resolution in every part thereof and therein and in the matter of allowing Counsel And their Lordships Reservation to their Judgment what is matter of Fact and what not the House of Commons do save to themselves as they have formerly done all Rights that do appertain to them according to Law and the course of Parliament and do declare That the Proceedings in this Case shall not be drawn into President to the Prejudice of the Commons Ordered That this Protestation be by way of Conference transferred to the Lords Wednesday March 17th 1640. Ordered That Mr. Pym shall make Report of three especial Cases that concern the Earl of Strafford's business on Friday morning next Thursday March 18th 1640. Ordered That the Earl of Strafford's Committee of Twelve do attend that Service and lay aside all other Excuses and Occasions unless they be otherwise Commanded by this House and Mr. Glyn is added to this Committee Friday March 19th 1640. Ordered That a Warrant under Mr. Speaker's Hand be directed to the Master of the Marshalsey of the Kings Bench requiring him to send Robert Coyne a Prisoner there upon Execution in safe Custody to attend the Committee for the Earl of Strafford De die in Diem so long as the Committee shall so require Ordered That Patrick Allen an Irish Merchant who has a Petition depending here shall have the Liberty to go abroad with a Keeper to Prosecute his business here and to be examined as a Witness at the Committee for the Earl of Strafford Sir Thomas Barrington Sir Iohn Culpepper Sir Io. Strangwayes Mr. Ashburnham Sir Io. Hotham Sir William Litton Sir Io. Holland Sir Robert Pye Mr. Wheeler Mr. Lawrence and Mr. Whittaker are appointed as a Committee to View the place for the Earl of Strafford's Trial and to think of some convenient manner for the Committee of the House to go in and be present at the said Trial and for Mr. Speaker to be there in a private manner and they are to meet this Afternoon at Two of the Clock in the inner Court of Wards Saturday March 20th 1640. Ordered That the Earl of Strafford's Committee of 13 shall have Power to manage the Evidence in such manner as they shall think fit to manage the same at the Trial of the Earl of Strafford Ordered That Mr. White and Mr. Prideaux be appointed to take Notes of the Passages of the Trial of Thomas Earl of Strafford and to Report them to the House if occasion be and that the Committee shall have Power if occasion be to make use of two more such as they shall think fit though not of the House Moved from the Earl of Strafford's Committee That it would please the House to give a fair and candid Interpretation of the Committees Labours and Endeavours in this business Upon Sir Iohn Culpepper's Report from the Committee appointed to view the Place and to Regulate the Order and the Manner of the Committee of the Houses coming and being there It was Ordered 1. That the Members of the Commons shall sit together without any Intermixture of others in that place which is prepared for them 2. That in respect of the inconveniency of it the Members shall not come to meet at the House on Monday morning but come directly to the place of the Trial. 3. That for the well-ordering of the business the said Committee with the addition
justifie the Justice and Legality of the Bill of Attainder Mr. Pym Mr. Stroud Sir Thomas Barrington Mr. Hollis and Sir Io. Hotham are to prepare Heads for this Conference and to manage it Mr. Pierepoint Reports the Conference had with the Lords touching the matter of Law in the Case of the Earl of Strafford My Lord Privy-Seal said That the intention of their House was to have proceeded in the former way to have heard the Council upon the legal part but since it is your desire to have a Committee of both Houses to meet at the time and place before appointed the day being now far spent and finding something of moment to be considered of their Lordships will send an Answer by Messengers of their own in time convenient and therefore shall not meet on Saturday in Westminster-Hall but will sit on Saturday in their own House Friday April 23th 1641. Post Merid. Exceptions were taken by divers Members of the House to the Lord Digby for many Passages in a Speech of his delivered at the passing of the Bill of Attainder of the Earl of Strafford The Lord Digby rose up and in his place explained himself touching those several Passages and there was no more done thereupon at this time Saturday April 24th 1641. Post Merid. Two Petitions from divers of the Citizens of London were this day read 1. To the House of Commons 2. To the Honourable Assembly of the Lords and Commons as followeth To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great Sums of Money to use to call it in and remit much of it by Exchange into Forreign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these Parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English-Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and Imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offendors remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet Reformed and the Earl of Strafford who as now appears hath Counselled the Plundering of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be Practices now in hand to hinder the Birth of your great Endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing therefrom and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their said Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. Subscribed to the Petition 20000 all Men of good Rank and Quality After the Petition was Read and Considered The Lord Russel goes up to the Lords with this Message to desire a Conference by a Committee of both Houses concerning a Petition from the City of London directed to both Houses of Parliament Mr. Glyn is Ordered to manage this Conference and Mr. Hill to assist him and to deliver the Petition from the Citizens of London at this Conference and thence to take occasion of representing the Desires of this House likewise for the Expediting of the Bill of Attainder of the Earl of Strafford Monday April 26th 1641. Post Merid. A Message from the Lords by Judge Reeves and Judge Heath That they are ready for a Conference by a Committee of both Houses to the Petition presented from London for which this House sent a Message on Saturday last Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired According to an Order on Saturday last Mr. Glyn and Mr. Hill went up to manage this Conference and Sir Walter Earle is Ordered to manage Mr. Pym's part in respect of his absence at this time Tuesday April 27th 1641. Post Merid. A Message from the Lords by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall and there to hear this House according to their own offer when they brought up the Bill of Attainder of the Earl of Strafford
above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom XXIV That in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and declared 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 ways 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 waies 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 standered 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 Kéeper 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 XXV That not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber and afterwards by his advice they were sued in Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his advice to the Council-Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the Names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these and the like Speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the héels and some of the Aldermen hanged up XXVI That the said Earl by his wicked Counsels having brought His Majesty into excessive Charge without any just cause he did in the month of July last for the support of the said great Charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London Owners of the said Bullion and Money came to his house to let him understand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their Occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them That the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise monies by force was a point worthy of his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant General of all His Majesties Forces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintenance of every Souldier of the Trained Bands of that County which sums of money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terrour to yield to the payment of the same he did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and and they that refused it were in very little better condition than of High Treason XXVIII That in the months of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of His Majesties Army he did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malitious desire to engage the Kindgoms of England and Scotland in a National and bloody War he did write to the Lord Conway the General of the Horse and under the said Earls Command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl that His Majesties Army then under his Command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray His Majesties Army then under his Command to apparent danger and loss All and every which words counsels and actions of the said Earl of Strafford were spoken given and done by him the said Earl of Strafford traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege-people of all His Realms from His Majesty and to set division between them and to ruine and destroy His Majesty and Majesties said Kingdoms for which they do further impeach him the said Thomas Earl of
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
time or no. The Lord High Steward answered that their Lordships Commandment is to let his Lordship know That if the House of Commons proceed not by their Members to manage the Evidence this day then what his Lordship hath to say to this House may be put off to another time And so their Lordships Adjourned to the House above by which is meant the House where the Lords use to sit in Parliament and appointed the next morning to proceed in this business The Second day Tuesday March 23. 1640 THeir Lordships being set the Lord Steward recited in brief the proceedings of the day before adding that naturally and properly it belongs in the next place for those whom the House of Commons have deputed to manage their Evidence in pursuance of the Articles of Impeachment to begin the work of the day Then Mr. Pym one of the Committee appointed for the management of the Evidence began as followeth My Lords We stand here by the Commandment of the Knights Citizens and Burgesses now assembled for the Commons in Parliament And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a Great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause strength and vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Iob to cast out their Sorrows Truth and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Uprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says he would endure any thing rather than be saved by Falshoood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under His Majesty he is bold to affirm That he hath been careful and faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of His Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Usurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Increase of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects He hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is
this My Lords That by his means many good and wholesome Laws have been made since his Government in Ireland Truly My Lords if we should consider the particulars of these Laws some of them will not be found without great Exception But I shall make another Answer good Laws nay the best Laws are no advantage when Will is set above Law when the Laws have force to bind and restrain the Subject but no force to Relieve and Comfort him 4. He says in the Fourth place He was a means of calling a Parliament not long after he came to his Government My Lords Parliaments without Parliamentary Liberties are but a fair and plausible way into Bondage That Parliament had not the Liberties of a Parliament Sir Pierce Crosby for speaking against a Bill in the Commons House was sequestred from the Council-Table and Committed to Prison Sir Iohn Clotworthy for the same Cause was threatned that he should lose a Lease that he had Mr. Barnewell and two other Gentlemen were threatned they should have Troops of Horse put upon them for speaking in the House Proxies by dozens were given by some of his Favourites And My Lords Parliaments coming in with these Circumstances they be Grievances Mischiefs and Miseries no works of Thanks or Honour 5. The Fifth is That he hath been a means to put off Monopolies and other Projects that would have been Grievous and Burdensome to the Subject if he had hated the Injustice of a Monopoly or the Mischief of a Monopoly he would have hated it in himself he himself would have been no Monopolist Certainly My Lords It was not the love of Justice nor the Common good that moved him And if he were moved by any thing else he had his Reward It may be it was because he would have no man gripe them in the Kingdom but himself his own Harvest-crop would have been less if he had had sharers It may be it was because Monopolies hinder Trade he had the Customs and the benefit of the Customs would have been less when we know the particulars we shall make a fit and proper Answer to them But in the mean time we are sure whatsoever was the reason it was not Justice nor love of Truth that was the reason 6. He saith in the sixth place He had no other Commission but what his Predecessors had And that he hath Executed that Commission with all Moderation For the Commission it was no Virtue of his if it were a good Commission I shall say nothing of that But for the second part his Moderation when you find so many Imprisoned of the Nobility so many men some adjudged to Death some Executed without Law when you find so many publick Rapines on the State Soldiers sent to make good his Decrees so many whippings in defence of Monopolies so many Gentlemen that were Jurors because they would not apply themselves to give Verdicts on his side to be fined in the Star-Chamber Men of Quality to be disgraced set on the Pillory and wearing Papers and such things as it will appear through our Evidence can you think there was any Moderation And yet truly My Lords I can believe That if you compare his Courses with other parts of the World ungoverned he will be found beyond all in Tyranny and Harshness but if you compare them with his mind and disposition perhaps there was Moderation Habits we say are more perfect than Acts because they be nearest the principle of Actions The Habit of Cruelty in himself no doubt is more perfect than any Act of Cruelty he hath Committed but if this be his Moderation I think all men will pray to be delivered from it And I may truly say that is verified in him The Mercies of the Wicked are Cruel 7. I come to the seventh and that is concerning the Kings Revenue That he hath improved it from 57000 l. to 120000 l. and that he hath done it by Honourable and Just ways That he hath made the Kingdom able to Support it self That he hath improved the Kings Revenue by many rich and great Purchases That he hath saved the Charge of the Navy by bearing 7000 l. a year in Ireland which was born here before And then he says for a Conclusion That he never took Money out of the Kings Exchequer My Lords I must run over all these For the Enlargement or Increase of the Revenue of that Kingdom I think there is a little fault in his Arithmetick but I will not charge him with that now But for his Honourable ways of Increasing it if Monopolies if Vexation of the Subject be Honourable ways we shall leave that to your Lordships to judge But most of his increases are made upon Monopolies It is true there is another way of bargaining but it hath been mixed with Rigour and Rapine and Injustice Men have been driven out of their Estates Offices have been found by force Men have been driven to resign their Estates And is this a Just way of improving a Kings Revenue that I shall submit to your Lordships Then he says He hath made the Kingdom able to Support it self My Lords He that hath no Harvest of his own must Glean after another mans Reapers Truly this was none of his work The Kingdom was able to subsist of it self before he came thither For that we shall Appeal to the Records of the Exchequer betwixt the year 1622. and the time of his Government which was nine years at least during which nothing went out of this Kingdom to the support of that Island The 7000 l. for the Navy was born in Ireland before his time a year or two so he comes near the truth of that yet misses a year of the truth But if it were true hath it been only by the ordinary Revenue that it hath supported it self He hath had six Subsidies a year or two of Contribution which the Irish gave towards the supporting of the Charge of Ireland It was not his Husbanding nor his managing of the Revenue And truly if the Kingdom were able to support it self as it was before he came thither by the Revenue of the Kingdom and by the help of that Contribution it would be very fit since there may be many Increases since to know what is become of 300000 l. for six Subsidies and of the Contribution money and indeed there is a great suspicion that that went another way But that you may the better observe his Husbandry I shall speak of his last years Accompt the 20th of March now something more than a year since the Under-Treasurer delivered an Account on which there was 101000 l. remaining in the Kings Coffers Since that time there hath been received 112000 l. for the King I speak of round Sums My Lords I leave out pounds and pence and such things This is 213000 l. He hath received out of the Exchequer in England 50000 l. There are Debts in Ireland 60000 l. and what other Debts we know not
Here is above 320000 l. consumed in a year which is almost as much as Queen Elizabeth consumed in any year when Tyrone was in Rebellion and an Army of Spaniards was there My Lords He saith he never took Money out of the Exchequer if he rests in that Affirmation it will be very near truth yet serves but to shadow a falshood which is worse to cover and to glaze under such a Colour of Truth as that is a notable Falshood My Lords It is true he hath taken no Money out of the Exchequer but he could be content to take from the Under-Treasurer of the Exchequer 24000 l. about two years since and to keep it for his own occasions when the Kings Army was in want And he paid it in but lately And before I pass from this matter of the Revenue give me leave to speak something of the increase that comes in by the Customs It is true there is a great increase but if your Lordships look to the beginning of that bargain you shall find the notablest cozenage that ever was offered to a Prince in one that was a sworn Servant and intrusted with so great a Charge It will be more fully opened in the Article that concerns the Customs but I shall speak of it a little He made a bargain and under pretence of getting of 1350 l. gain to the King he gave cause of Allowances and Defalcations whereby he took forth of the Kings Purse 6000 l. a year or very near which the King had before He laid new Additions of charge on the Customs which came to 12000 l. So that on a bargain of giving 1350 l. more than was reserved on the former Lease He was sure that when he made the bargain of gaining 18 or 20000 l. 8. But I shall pass from the Revenue of the Crown to the Revenue of the Church which is in the 8th place He saith he hath been a great Husband for the Church and truly hath brought in many Lands to the Church but he hath brought them in by ways without Law without Rules of Justice He hath taken away mens Inheritances And here My Lords is an offering of Rapine an offering of Injustice and Violence And will God accept such an Offering Must the Revenues of the Church be raised that way It is true it was the more in the way of his own Preferment He knew who sat at the Helme here the Archbishop of Canterbury and such services might win more credit with him It was not an Eye to God and Religion but an Eye to his own Preferment I shall speak no more of that 9. I come to the 9th head and that is the building of Churches Many Churches have been built since his Government Truly My Lords why he should have any Credit or Honour if other men builded Churches I know not I am sure we hear of no Churches he hath built himself If he would have been careful to have set up good Preachers that would have stirred up Devotion in men and made them desirous of the knowledge of God and by that means made more Churches it had been something But I hear nothing of Spiritual Edification nothing of the knowledge of God that by his means hath been dispersed in that Kingdom And certainly they that strive not to build up mens Souls in a Spiritual way of Edification let them build all the material Churches that can be they will do no good God is not worshipped with Walls but he is worshipped with Hearts 10. He saith in the 10th place That many Orthodox and Learned Preachers have been advanced by his means and the Doctrine and Discipline of the Church of England by his means Protected and Defended My Lords I shall give but two or three Paterns of the Clergy that he hath preferred If you will take Doctor Atherton he is not to be found now above Ground for he was hanged for many foul and unspeakable Offences Doctor Bramhill hath been preferred to a great Bishoprick but he is a man that now stands charged with High Treason he hath been but few years in Ireland and yet hath laid out at least 30000 l. in Purchases I shall name but one Chaplain more and that is one Arthur Gwyn who about 1634. was an Under-Groom to the Earl of Corke in his Stable In the year after Dr. Bramhill preferred him to be a Clergy-man and a Parsonage and two Vicaridges Impropriate were taken from my Lord of Corke and given to this Arthur Gwyn I shall add no more Patterns of his Clergy 11. I go to the 11th and that is concerning the Army He hath many glorious Expressions of his Service concerning the Army That they are 1000 Horse and 2000 Foot And that there hath been very few Papists Soldiers or Officers and none preferred by himself Truly I think he says true or within one of true in this for there was but one preferred by himself and therefore I shall not stand upon that But he says this Army was paid out of the Revenue of the Crown which heretofore it was not wont to be To that I have spoken before and shewed that many years before his time all the Charges of Ireland were born within Ireland He says and I speak that as to the Army too That neither the Arms nor Wages have been burdensome to the people of Ireland but their Lodgings and Billettings have not been easie and not without discontent Why My Lords in Dublin it self where they have a Charter that exempts them from Billetting of Soldiers they have been faign to pay for Billetting of Soldiers Nay those Soldiers that were Servants and Dwellers in his own houses and other places must have their Billetting moneys And of this there hath been Petitions and Complaints nay it hath been spoken of in Parliament there and yet he can tell you that the marching and laying of Soldiers is without burthen and grievance to the People that was the Eleventh 12. I go to the 12th and that is the great increase of Trade The increase of Shipping 100 to one Truly My Lords in a time of Peace and in a growing Kingdom as that was being formerly unhusbanded It is no wonder that when Land increases in the Manurance and People increase in Number both Shipping and Trade increases But it is the advantage of the time not the advantage of his Government for My Lords his Government hath been destructive to Trade And that will manifestly appear by the multitude of Monopolies that he hath exercised in his own person And that is all I shall speak to the 12th 13. The 13th is That Justice hath been administred without bribery without partiality without Corruption these are Glorious things But there will as much fall upon him of Corruption and Injustice as of any other Offence And that My Lords will appear to you through the whole course of our Evidence I shall not now speak of the particulars And that we may not content our selves with
particular witnesses only I shall humbly desire That the Remonstrance of the Parliament of Ireland both of the Lords and of the Commons may be read And they will give a sufficient Testimony of the quality of his Justice 14. The 14th My Lords is this That he hath been a Means to His Majesty for a Parliament in England It is true he was And it is as true that we count that as mischievous a part of his design as any thing else Into what a miserable Dilemma My Lords did he bring the Kingdom that we must surrender the Liberties of the Kingdom in Parliament or see them oppressed with Force and Violence out of Parliament The particulars of this I shall leave for the instant for there is an Article that concerns this I have now passed through all the material parts of the Apologetical Preamble He concludes with a desire That he may not be charged with Errors of his understanding or Judgment being not bred up in the Law or with weakness to which humane Nature is subject Truly it would be far from us to charge him with any such mistakes No My Lords we shall charge him with nothing but what the Law in every mans breast condemns the Light of nature the Light of common reason the Rules of common Society And that will appear in all the Articles which my Colleagues will offer to you My Lords I have some few Witnesses which I shall desire may be heard to the points I have opened and I shall in the first place desire that Sir Pierce Crosby may be heard concerning the breach of Priviledge in Parliament Also Sir Iohn Clotworthy Nich. Barnewell Nich. Plunket and Sir Iames Montgomery I have some Witnesses to the point of Revenue Sir Robert Pye Sir Edward Warder and Sir Adam Loftus Gentlemen You who are of the Committee I am commanded to let you know That the Lords will allow you all the Testimonies you can produce to make good the Impeachment but the Witnesses which you do produce must be deposed before their Lordships Mr. Pym replied My Lords the Commons agree to it and in the first place we shall call Sir Pierce Crosby who was sworn accordingly My Lords I humbly crave leave whether I may not make my exception to any Witness Yes you may We desire to be heard upon that point of Exception That if my Lord of Strafford will make any Exception why a Witness should not be heard at all it may be according to the Rules of Justice The Lord High Steward declaring the Prisoner might except against the person of the Witness if he have just Cause my Lord of Strafford proceeded in substance as followeth My Lords I humbly conceive that I have against this Gentleman Sir Pierce Crosby just occasion of Exception as not being a competent Witness for that the said Sir Pierce hath been sentenced in the Star-Chamber for a very undue practise against me tending to no less than the taking away of my Life charging me and practising to prove it by Testimony of witness that I had killed a man in Ireland whom I protest I did never so much as touch That ever since the said Sir Pierce having broke Prison and made an Escape out of the Fleet he hath remained abroad and never came hither till such time as the Parliament sate here and now is returned to make Complaint in this business against me or indeed against the Court of Star-Chamber rather And standing thus whether the said Sir Pierce shall be allowed a Witness against me I humbly refer it to Your Lordships Judgments My Lords We expected my Lord of Strafford would have shown on what reason Sir Pierce was censured for a man Criminous in one kind may be nevertheless fit to give Testimony in another kind If it be a particular practice against my Lord of Strafford when their Lordships have heard what that practice was and have heard likewise the Witness they will believe him according to the weight of the Testimony compared with the fault or whatsoever else is in the Sentence But in the mean time they conceive it is no Exception but that the Witness should be heard This that is charged on my Lord of Strafford being a Crime of High Treason it concerns the Common-wealth the King being party and not the Witness that is produced And whereas it is informed that Sir Pierce Crosby brake Prison The Gentleman tells us it is not so he paid the Kings Fine and so was discharged But though he had it will not take away his Testimony when he is present which he said he spake only to give satisfaction to that aspersion I must desire their Lordships directions whether Sir Pierce Crosby be allowed notwithstanding my Lord of Straffords exceptions against him and Mr. Maynards allegations why his Testimony should be given in this case or no And divers of their Lordships called to have the House Adjourned to the House above that they might there debate and determine it Mr. Pym did thereupon offer that they will at present lay him aside till their Lordships have had opportunity to consider and bring him again to morrow whereunto Mr. Maynard added this further We desire rightly to express our selves to Your Lordships We will lay him aside till Your Lordships have heard others not that they wave him wholly And we pray it may be so entred The Lord Steward declaring it so to be It is so understood In the next place we desire that Sir Iohn Clotworthy may be called whom we produce to this point That during the Parliament in Ireland for speaking against a Bill in the Commons House he was threatned by Sir George Ratcliffe whom we take to be bound up in one Cause with my Lord of Strafford and to be moved by my Lord of Straffords spirit and that Parliaments are not Priviledges when Parliament Liberties are not observed Sir Iohn Clotworthy was sworn My Lords We desire he may be asked whether for having delivered his Opinion against a Bill preferred to the Parliament in Ireland by the Earl of Strafford about the 10th year of this King he was not asked by Sir George Ratcliffe concerning a Lease that he had the question intimating a Threat that he should suffer for speaking so freely To which he answered My Lords In the 10th year of the King I serving in Ireland in Parliament did Vote against a Bill as soon as I had Voted against it Sir George Ratcliffe being one of the Tellers on his counting the numbers how many Yea's and how many No's He came to me and said thus Have not you a Lease in such a place I told him yea remember that saith he This is all I can remember And this he added was in the Commons House 2. He being interrogated whether he knew any thing of Sir Pierce Crosbies Commitment or no He answered I know it only
was delivered him at his coming over by the Clerk of the Lords House in Ireland to be brought over hither by Order of the Lords there And the Lord Baltinglasse Deposed That he knew it to be the Clerks hand and they were both present at the Voting of it The same was read bearing date February 22. 1640. The Protestation and Declaration of the Lords Spiritual and Temporal in Parliament Assembled We desire to apply it to disprove part of the Preamble of my Lord of Straffords Answer I desire my Lord Digby may be asked whether he gave his Vote to this Protestation We produce it not as the Act of any particular man but of the Lords Your Lordships may observe that this is fallen out since my Impeachment of High Treason here And that it is followed by Faction and Correspondence as in time might be made appear if I could undertake it and a strong Conspiracy against me My Lords These words are not to be suffered Charging the House of Commons with Faction Correspondency and Conspiracy We desire Your Lordships Justice in this God forbid I should think there was or could be any thing in that House or any Member of it but that which agrees with Truth and Justice and Equity I must profess to Your Lordships I had no Reflection or Intention either upon the Lords House there or upon the Honourable House of Commons here but upon certain Persons that are not Members of the House here that have Correspondency with them in Ireland that are not Members of the House there We must consult with the House of Commons concerning the prosecution of this Exception to his words and in the mean time we will reserve it to our selves and so we shall proceed We desire the Remonstrance made by the House of Commons in Ireland being deposed unto by Patrick Gough That about February 25. it was delivered him sealed up in a box with other things before his face being called on by the House to be brought to the Committee for Irish affairs in England may be read Which Remonstrance was read accordingly Your Lordships may observe That my Lord of Straffords glorious Declaration of his own Merits was confuted by the whole Parliament and that the whole sum of the Charge is confirmed by the Testimony of all Ireland To the point of Revenue of Ireland for the contradicting of my Lord of Straffords Affirmation That Ireland supporteth its own Charge Sir Edward Warder produced and Sworn was interrogated when the last money was sent out of this Kingdom for support of His Majesties Affairs of Ireland He answered The last money sent over for payment of the Army there was in the Term of Easter 1621. and it was 10000 l. in full of 20000 l. for one whole years charge beginning the first of April 1619. and ending the last of March following which was 17 Iac. Being interrogated whether since that time the State here hath been actually charged with the Affairs of Ireland He answered Nothing hath been issued out of the Receipt of His Majesties Exchequer for the Maintenance of Ireland since this time only such moneys as have been lately issued for the Army and what hath been issued to the Treasurer of the Navy and the Officers of it for the maintaining of Ships on the Coast but otherwise no money hath been issued as a constant setled thing out of the Receipt of His Majesties Exchequer for any thing arising since the last of March 1620. I desire he may be asked what was since issued for the Navy We admit that the Charge of the Navy continued divers years after yet a few years before my Lord of Straffords Government it was taken off too The Manager did so open it and Sir Edward Warder did in effect set it forth so Therefore that question was waved Sir Robert Pye produced and Sworn to that point of Revenue and being interrogated to the same purpose Answered No money hath issued out of the Receipt but as Sir Edward Warder delivered it and I know of no other money but only for the Maritime parts something hath been paid to the Treasurer of the Navy And besides the 50000 l. of late I know not any The Lord Mountnorris was called upon and being asked whether the Charge of 7000 l. a year for the Navy of Ireland was not taken off a year before my Lord of Straffords Government He answered I cannot say the sum was 7000 l. But two of the Whelps employed there before my Lord of Strafford came to the Government were defrayed whether wholly or in part I cannot tell but they had good large sums of money and were paid in the Kingdom I desire my Lord Mountnorris may be asked whether when I came to the Government the constant Charge did not exceed the constant Revenue and how much It is true the Irish gave sixscore Thousand pounds towards the Charge so that the Supply came out of Ireland though not out of the constant Revenue of Ireland but it came not out of this Kingdom He further answered the Constant Revenue did not do it There was a Contribution by Loan from the Country to supply it but before my Lord of Faulkland went over I heard my Lord of Middlesex tell him They must look for no more money England had nourished Ireland long enough she must now live upon her own Milk The reason why money did not go out was because 120000 l. was supplyed by a Contribution notwithstanding which when he came to serve the King in that Kingdom the Crown was indebted very near 100000 l. Sterling He hath received 300000 l. for Subsidies It will Appear on Accompts to be bestowed faithfully and justly every penny for the King To the point of my Lord of Straffords taking of 24000 l. of the Kings money and disposing it for a year and a half notwithstanding His Majesties Wants and the Necessities of the Army Sir Adam Loftus Vice-Treasurer produced and Sworn was interrogated whether my Lord of Strafford had not 24000 l. out of the Kings Revenue and how long time and when was it paid in He answered My Lord of Strafford and Sir George Ratcliffe had never a penny out of the Exchequer but on such Warrants as I durst not deny them for their due Entertainment and other things importing His Majesties Service But I must confess that they being Partners in the Customs some moneys were to be paid for the profits of the Customs which were in arrear and Sir George Ratcliffe moved me to give discharges for it and he would give me my Lord Lieutenants Bond and his own for paying of it upon demand which I accepted of and accordingly did give those discharges Whence observe discharges are money for so much money should have been paid in and if it be intercepted the King wants His money Being
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
I crave Liberty to explain my self That I said not they were brought to the Council-Table to be judged but that consideration might be had Whether there was ill usage and extortion practised under colour of them or no whether any thing were done that hindred the growth of that Town and the good of the People and the Protestant Religion that it might appear how the business stood in point of State but to give a judgment upon them in Law it was never in my thoughts Robert Lord Dillon being then asked Whether the Charters of Dublin have not been brought before the Council of Ireland there to be considered concerning the Validity of them and whether it did not appear that for divers Occasions Exactions and Tolls and by-Laws and other abuses in the exercise of these Charters they did not appear to the King 's Learned Council and others learned in the Law to be void He Answered That it was a question he did not expect and yet being called he should faithfully and freely tell his knowledge of it to his best remembrance That he doth remember very well that the Charters of Dublin have been brought to the Council-Board and argued strongly against by the Kings Learned Council That there was one particular of 3 d. Custom challenged by the City which endured a very long debate That it was argued against them That they exercised by-Laws contrary to the Common Law of the Land and that divers other things were urged against them but he remembers not the particular determination of the Board upon the question Being asked severally what time those Charters were so brought and how long after my Lord of Strafford's coming into Ireland He Answered That he precisely remembreth not the time but he takes it to be five or six years ago something more or less and he thinks about a year or two after my Lord of Strafford's coming but he remembers not the time not expecting to be Interrogated in it We desire your Lordships to observe That the words were spoken before the Charters were brought to the Council-Board It follows not That because they were questioned at Council-Board afterwards I did not therefore know them to be void when I spoke of them for they were complained of in Parliament as great Grievances in the exercising of them and to that purpose I desire my Lord Dillom may be heard And being asked what he knew concerning the Charters of Dublin being questioned in the Commons House for divers Oppressions unlawful By-Laws and other ill usage of their Liberties He Answered That he was a Member of the first Parliament after my Lords coming into Ireland 1634. After this Visitation of the Mayor some half an year but he knows not the time precisely That divers Members of that House did object divers Misdemeanors in misâ—sing the Priviledges of those Charters That the particulars were several By-Laws which they did execute contrary to the Common Law Another was that by the Priviledge of those Charters they excluded divers of the Tradesmen that came out of England to set up Manufactures there which was conceived a great Grievance to that Kingdom Another was that having the Government of that Town being a Navigable Port they permitted the Soil to be emptied into the River without care or regard That at the time of the Presentment of the Mayor my Lord took occasion to advise and advertise the Mayor of several Defects in that Town and divers of the Commons House of that Parliament are here that were present Hence observe the Reason and Grounds of my Exception to these Charters and the Effects of questioning them which were two First By this means I am perswaded and thereof I beseech the Honourable House of Commons to take notice as that which is reputed my greatest Crime in Ireland there be three Protestants in Dublin at this hour for one that was there when I came over for the Townsmen did keep all the Trade and ingross all the Manufactures into their own hands and being Natives and Romish Catholicks did depress the English that strangers out of England had little advantage of Trade And whatsoever any man may say or think on Information from persons that do not love me who are Members of neither House for so I desire to be understood when I speak of persons unfriendly to me I complain of nothing that is or shall be done me here but will leave it all with thankfulness to God Almighty and with that Duty and Reverence to this House that becomes me It will be known hereafter when I perhaps am in my Grave that my greatest fault in Ireland hath been my extream Zeal to bring them to conform with the Church of England which by that means hath provoked a great deal of Displeasure And secondly I observe That this argues no great malice in my heart nor desire to oppress the King's People when I shall tell your Lordships That to this day those Charters were never legally questioned but are enjoyed So far was I from pressing rigorously any thing against them I desiring nothing but Reformation and to have them what they ought to be and to leave them not less but more happy than I found them And if I should serve there again as I hope I shall serve only God Almighty and my Master with my prayers they should be freed from all exactions and misusings of them tending to the prejudice of the Town the King's Service and the Service of Almighty God And so I hope I have made a clear Answer to so much as was charged to free my self from guilt of Treason reserving to my self the advantage of having my Counsel heard in proper time to the matter of Treason in point of Law according to the liberty your Lordships have afforded me Next I shall proceed to that which is proved and no way charged which I forbore to speak to the day before as holding it an impertinent expence of time to your Lordships and a spending of my own spirits which God knows are weak and infirm indeed If I were permitted to speak this morning to all the things extrajudicially formerly offered I should give a free and clear Answer But suffering by my Ignorance and silence then I now desire leave to Answer those things that came de Novo and that by three Witnesses touching words spoken at another time to both Houses of Parliament I confess it to be true that the second day of the last Parliament but this that is now sitting I had the Honour to sit as His Majesties Deputy and it was the greatest Honour that ever I received and I should be loath to say any thing sitting in that Place that should not fully comply with the Goodness Clemency and Justice of His Majesty or should mis-represent Him in any kind to his People in another sense or to other purpose than his own Great and Princely Vertues do Merit and Deserve And that all
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
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
I told the Lieutenant that I did hold the Council-Chamber could not hold Plea of this and thereupon cited 28 H. 6. the Book of Orders the Proclamation Then I moved his Lordship that in regard Gwyn was a poor man and not answerable and might get the Rents being near 100 marks a year he might give security for the Rents if I should recover them by course of Law That my Lord of Strafford thought it just it should be so entred in the Order And being asked how that came to be left out He Answered That Sir Paul Davis the Clerk of the Council told him my Lord of Strafford found fault with it and struck it out with his own hand Being asked what words he heard from my Lord of Strafford concerning the said Order at Council-Board in King Iames his time He Answered That there was a Parsonage in the County of Kerry in his Presentment and it fell void the Dean and some others commended one Atkinson to be his Vicar That on their Commendation not knowing him himself he presented him without any consideration That Atkinson afterwards fell into decay and was Imprisoned and the Prison being very loathsome the Bishop wrote unto him this Deponent and sent him a Lease under the Hand and Seal of him the said Bishop and the Incumbent with a Label for his the Deponents hand and desired him to seal it for 40 s. a year to another that Atkinson might pay his Debts and stock himself with Cattle That he the Deponent refused it though brought 50 miles from his House fearing it might be prejudicial to the next Clerk That the Bishop sent Atkinson's Wife back over the Mountains with his Letter and the Lease and he the Earl of Corke did sign it then For seeing the misery of the poor Woman and her Children he thought it a work of Charity and it continued so till my Lord of Strafford came to the Government That then he had a Bill preferred against him in the Star-Chamber for breaking an Act of State That none should make a Lease for longer than the Incumbents life and desired that the Bill should be read in all the Proceedings of it That thereupon he told the Earl of Strafford it was a work of Charity and he never heard of such an Act of State being not published and made in King Iames his time and in the Lord Grandisons Government who are both dead And therefore he conceived there was no cause to charge or prosecute him for it being but an Act of State That my Lord of Strafford Answered I tell you my Lord as Great as you are I will make you and all the Subjects of Ireland know That any Act of State made or to be made shall be as binding to you and the Subjects of Ireland during my Government as an Act of Parliament Being asked on my Lord of Straffords motion whether the Order made in the Case of Gwyn was not made by the major part of the Votes of the Board He Answered That he did say that it was Voted at the Council-Table but he knows not whether it were done by the major part and afterwards with a lower voice His Lordship added that he thinks it was never Voted Iohn Waldron Sworn was examined touching the words my Lord of Strafford was charged to say touching an Act of State being equal to an Act of Parliament and the occasion He Answered It was his chance to be at Council-Table when a Cause depending between the Merchants of Galloway and some others that prosecuted the business in behalf of the Church about a Lease made by the Dean of Derry which was debated at the Council-Board And there was one Mr. Martin of Council for the Merchants and he pressing hard for his Clients It pleased my Lord to think he had over-shot himself or was too forward and asked what he had to say that he prest that Cause so hard That Mr. Martin Answered him He had an Act of Parliament or Statute or to that purpose That my Lord of Strafford Replied again Sir I will make you know That an Act of this Board shall be as good as any Act or Statute or words to that effect Iohn Kay after some Exceptions taken by the Earl of Strafford against him as no fit Witness in respect of his prosecuting a Suit against his Lordship for the Lady Hibbotts which was Over-ruled by their Lordships was sworn and being asked touching the said words to be spoken by the Earl of Strafford and the occasion and the time He Answered That he was present at Council-Table by chance when there was a Cause wherein Mr. Martin pleading for his Clients My Lord-Deputy then asked him What made him so earnest for it He said He had an Act of Parliament or Statute to justifie his Cause Hereupon my Lord-Deputy Answered He should know that as long as Himself sate in that Place An Act of State should be as strong as an Act of Parliament or words to that effect Being asked of the time He Answered He doth not remember the time but it was three years and upwards It was before Iuly 1637. but the Day and Year he remembers not but it was in the Case where Mr. Martin was Council My Lord Corke being asked about the time he said It was in 1635. about February Mr. Waldron being asked Whether it was in a Church-Cause Answered My Lord-Deputy made an Offer That if they would take a Lease for 21 years at full value they should have it But if they would stand on the Trial of the Lease they must take the adventure And Mr. Hoy being asked Whether it was a Church-Cause He Answered He conceived the Church was Interested in it Lord Kill mallock asked Whether he heard my Lord Strafford say An Act of Council should be as Valid as an Act of Parliament when on what occasion and to what scope He Answered That he was at Council-Table some four or five years ago and there did hear my Lord of Strafford say to one of the Council he cannot say it was Mr. Martin He would have him know as long as himself was Governor An Act of State should be as binding as an Act of Parliament on what occasion he cannot say He further said That in the 10th Year of the King in the Parliament held in Ireland he heard Sir George Ratcliffe my Lord of Strafford's Eccho in that House say On occasion of a Bill that was cast out in that House making it Felony for any to have Powder without Licence It is all one he would have an Act of State for it which should be as binding as an Act of Parliament Sir Pierce Crosby was asked Whether he heard my Lord of Strafford at another time say An Act of Council should be as valid as an Act of Parliament when on what occasion to what intent He Answered That he doth very well remember the words the time not precisely but he was sure it was soon
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
an Order made my Lord of Strafford threatned the Earl of Corke for Suing at Law That the Justification brought by my Lord of Strafford is an Aggravation restraining Liberty to Sue at Law to a year else to be concluded for ever Whereas my Lord of Strafford says he hath spoken unwisely but done nothing sure he that Threatens doth something and his Actions will appear in the next Articles For the Priviledge of Peerage It were to be wished he had known or remembred it sooner in my Lord Mountnorris his Case That though he says Acts of State are to be allowed for temporary provision till an Act of Parliament yet when things are propounded and rejected in Parliament shall he supply it by an Act of State We desire to examine one Witness more The Earl of Strafford excepting against it as not regular the Lords Adjourned to their House to take consideration of it And a little after returning the Lord Steward declared their Lordships Resolution That the Witness might be examined The matter in question arising from what was offered from the Earl of Straffords Defence Roger Lotts Sworn and examined what words my Lord of Strafford gave out when an Act for Powder would not pass in the Commons House and what Act of State was thereupon made He Answered That he had the Honour to be one of the Members of that Parliament that began 1634. and ended April 1635. That at the Close of that Parliament my Lord of Strafford then Lord Deputy told the House of Commons then sent for up That they had Voted against some Bills in the lower House amongst the rest that of Gun-powder where it was made Felony for any man to buy or have any unless he got a License first for it That my Lord afterwards told them That notwithstanding they had Voted against it yet he would make that and some other Bills they had Voted against Acts of State that should be as good and said he heard it was done afterwards but he doth not know that This Witness is something of Justification of my Lord of Corke's Testimony against which my Lord of Strafford hath made some Exception And the Lord Digby added something for the Justification of my Lord of Killmallocks Testimony against which my Lord of Strafford had likewise excepted And so the Reply was concluded To the Deposition of Roger Lotts my Lord of Strafford Answered I had received direction concerning Powder it being not conceived fit for Reasons of State to buy and have Powder at pleasure or that that Commodity should be so frequently brought into the Kingdom and committed to unsafe hands so in that point I did but what I was commanded out of many Reasons which I desire I may forbear to express it not conducing to my Acquittal or Condemnation And so the Lords Adjourned The Sixth day Saturday March 27. 1641. THE Fifth Article The Charge 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 Freé-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm and namely the said Earl of Strafford the Twelfth day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Peér of the said Realm of Ireland and then Uice-Treasurer and Receiver-general of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and Kéeper of the Privy Signet of the said Kingdom a Sentence of death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the month of March in the Fourtéenth year of his Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to Death in Execution of the same Sentence THe Manager began to open this Article shewing That though my Lord of Strafford insisted on it That whatever his words were his Actions were not against Law This Article comes properly to reply to that Answer It charging him with exercising of a Tyrannical Power over the Person of a Peer of that Realm And first It was desired that the Sentence of Death against my Lord Mountnorris might be read which was attested on Oath to be that which was delivered by Mr. Secretary Windebanck upon the Commons humble Suit to His Majesty for His leave to have a Copy thereof That the Papers concerning my Lord Mountnorris might be delivered into the House occasioned upon my Lord Mountnorris his Petition to the House in that behalf The Sentence was read Reciting first His Majesties Letter Iuly 21. then last wherein notice is taken of the Respect due to the Deputy and General of His Majesties Army and of the Carriage of my Lord Mountnorris holding a Captains place in the Army in uttering Speeches inciting a Revenge on the Earl of Strafford Lord Deputy and Lord General and Command thereby given on receipt thereof to call a Councel of War and that the Lord Mountnorris should undergo such censure as the said Councel of War should impose for the Lord Deputies full reparation Secondly That a Councel of War was accordingly called the words are also set forth and the occasion as followeth That within three or or four days after the Lord Deputy had Dissolved the Parliament his Lordship sitting in the Presence Chamber one of his Servants in moving a Stool happened to hurt the Lord Deputies Foot then indisposed through an accession of the Gout which being spoken of at the Lord Chancellors Table one said to the Lord Mountnorris being there present it was Your Lordships Kinsman who is one of the Lord Deputies Gentlemen Ushers that did it Whereupon the Lord Mountnorris publickly and in a scornful and contemptuous manner answered Perhaps it was done in Revenge of that publick Affront that my Lord Deputy did me formerly But I have a Brother that would not have taken such a Revenge Thirdly The Sentence likewise sets forth That the Lord Mountnorris would not Answer the said Charge negatively or affirmatively though required by the Councel of War Fourthly That thereupon the Witnesses for proof thereof were called viz. Viscount Moore and Sir Robert Loftus who upon Oath deposed the same words to be so then and there spoken and the Lord Mountnorris at last submitted himself to the Councel protesting that whatsoever interpretation might be put upon his words he intended no hurt to the person of his said Lordship
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
Strafford's hand as he himself conceived it to be wherein divers persons were sentenced Mr. Glyn desired a proof concerning the value for which a witness should have attended but is withdrawn but the Remonstrance of Ireland speaks particularly to it That the value of it exceeds all the Kings certain and uncertain Revenue in the Kingdom of Ireland Mr. Plunkett being sworn being examined touching the truth of the Copy Answered That he had the Copy from the Clerk himself being a Member of the House That he hath looked on the Article of Tobacco and as it is in substance with that which was voted My Lord of Strafford desired he might be asked what proofs were there offered But Mr. Glyn opposed that hoping there was no question to be made of the proof of a thing that was done by all the Commons of Ireland to whom perhaps their own knowledge is the proof The Remonstrance read as to the 6 th Article That the Tobacco bought at low rate is sold at excessive rates whereby thousands of His Majesties Subjects are destroyed and most part of the Coine of this Kingdom ingrossed into particular hands insomuch that the Profits arising thereby surmount His Majesties Revenue certain or casual within this Kingdom and yet His Majesty receives very little profit by the same Timothy Crosby being interrogated how much Tobacco comes into the Port of Kinsale for three years last past He answered 60 Tunn in three years Whence Mr. Maynard observed if one Port brings in 200 Tunn the rest will go to a great height Being questioned what the Patentees give and what they require for such as is refuse Tobacco upon the sorting of it He answered that for the refuse the Owners had not above 1 d. and the Patentees sold none of that under 2 s. And so Mr. Maynard closed this Article observing that they have proved the Restraint and the Execution of it That it is turned into a Monopoly That none must be imported without their Licence That they buy what is brought in at low rates at 6 d. a pound when others will give 2 s. That 4 s. 8 d. or 9 d. is the highest they give so that they sell for three or four times the value of what they pay That by an estimate 500 Tunn is imported That punishments are inflicted The Kings free Subjects Whip'd Pilloryed Fined And so my Lord of Strafford's Answer was expected After a little Respit his Lordship made his defence to this Article in Substance as followeth That he conceives he hath very little crime to answer as to this Charge especially as unto Treason That he wisheth with all his heart he had so much profit to answer for as is pretended that he gained by this business His Lordship presented in the first place a Petition presented by the Commons House of Parliament in Ireland in the Parliament preceeding this wherein they desired that this Lease of the Impost of Tobacco might be taken in and compounded for and converted to the Kings benefit That the Revenue might be able to bear the Charge and the Subjects eased from demand of Contribution and supply for this purpose so that this was originally ordained by themselves on their own Petition to be setled as a Revenue of the Crown The Petition being affirmed by Mr Gibson to be a true Copy being examined by him before Sir Paul Davis in Ireland was read as to that point and it imports Lastly They do humbly advise that the six Subsidies chearfully granted in this Parliament may be imployed for the buying of the Leases and Farms that the same may be able to supply the necessary charge of this Kingdom in the first place And in the second place to satisfie and discharge the Debts and Incumbrances aforesaid as in manner aforesaid and for the other not included The House would not enter into Consideration thereof but are confident that when others justly due shall appear your Lordships will take a course that shall stand with your Honor and Profit My Lord of Strafford offered a Witness to prove that the Tobacco is one of the things that goes under the name of Leases Mr. Slingsby being examined to that point Answered That he was a Member of the House of Commons the first Parliament and Debate was offered how the Kings Revenue might be supplied to maintain the Charge several Grants and Leases applyed to particular men were thought fit to be brought in to be applyed to the Kings advantage there there was the Custom Wine and Aquavitae Licenses there was Tobacco and in the Kingdom My Lord of Strafford desired liberty to reserve Sir Adam Loftus whom he conceived a material Witness for him but was now absent Lord Robert Dillon being asked whether he was of the Parliament House when these Leases were advised to be brought in and whether the Lease of Tobacco was not one that was advised to be brought in and applyed to the Crown and that part of the Subsidies should be imployed to that end His Lordship answered That he did serve in the House of Commons that Parliament that they were upon the Kings Revenue and they wished that the Charge might be answered by the coming in of the Rents He remembers that on debate in the House a Committee was appointed to consider of the disposing of part of the Kings Revenue to take off the Incumbrances then of His Majesties Revenue to the end the Rent of His Majesty being raised they might be able to answer the ordinary and standing charge of the Kingdom and so divers things were to be brought in but for the very particular of Tobacco he doth not remember it by name though he remembers Wine and Aquavitae and the Incumbrances on the Customs My Lord of Strafford in the second place shews the Grant of the Imposition on Tobacco as they were Lett Iune 13. Iac. and at that time were Lett for 10 l. a year Rent Which being attested by Mr. Gibson to be a true Copy and to be by him examined at the Rolls in Ireland was read as to this point purporting That the King appoints That from the Date thereof there shall be received by way of Imposition Money 18 d. currant upon every pound of Tobacco which is demised to William Massam and Iohn Pitt for 7 years under the yearly Rent of 10 l. Dat. 6 Iune 13 Iac. Next he offered a Lease of the said Impositions to Mr. Lyne for 21 years at 20 l. per ann Dat. 8 Feb. 19 Iac. But Mr. Maynard admitting it the reading thereof was forborn Next He offers the Kings Letter 18 Iuly 12 Car. whereby His Majesty directs the setling of this business and is a warrant for issuing of the Proclamation wherewith he is charged Which being affirmed by Mr. Gibson to be a true Copy was read whereby is imported That His Majesty being given to understand that the
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
for Receipt thereof c. To prove Execution of it Benjamin Croky Sworn was Interrogated Whether he by vertue hereof hath Seized any Yarn and how much and how it was disposed of He Answered That his Deputy did Seize Yarn and it was taken from him by means of Ioseph Carpenter the Steward who received the Yarn into his Custody and converted it into my Lords Loomes He doth not know what quantities but it was a great parcel And he thinks it was to Carpenters use but most part of it unto my Lords Further this Steward did employ Iohn Townesend to buy Yarn contrary to the Proclamation He also imployed others to Buy some for my Lords use and his own This he knowes Sir Iohn Clotworthy Interrogated What he hath known done in Execution of these Commands being a Justice of Peace He Answered That he had formerly heard of this Proclamation and another Dated in May concerning the Yarn business That there was this same or the Copy of this same Warrant under my Lord Deputies Hand brought to him being a Justice of Peace and he required to give Assistance in it That he sent for the People that had been Distressed in the business and likewise the Party employed by this Crooky and one White named in the Proclamation to know by what Authority they put this in Execution Thereupon they produced both the Proclamation and this Warrant That he conceived there was an Extrajudicial proceeding in it and therefore took Examination of it and found in the putting of the thing in Execution That whereas there was a Clause in the Proclamation They should Seize on all Yarne that was not an Hundred Threads every Skean and should Seize on it when they found it short of this That having taken the Examinations he sent them up to my Lord Deputy they being now out of his head with a Letter Declaring the Abuse of the Business That he heard nothing in Return of the Business but was Severely Threatned and received a Letter from Mr. Secretary Little then my Lord Lieutenants Secretary That it was very ill taken that he interposed in any thing wherein my Lord was concerned And my Lord Rainalaugh had much adoe to keep off a Serjeant at Armes to be sent for him My Lord of Strafford desired the Letter might be shown But Sir Iohn Answered That it was Written four or five years agoe and he did not keep it but if Mr. Secretary Little be Interrogated he doubts not but he will Acknowledge it Lord Rainalaugh being Interrogated to the same effect He Answered It is true he was at Dublin when some Information had been given of Sir Iohn Clotworthy for something had been done in the Yarne business and that he apply'd himself to Sir George Ratcliffe to desire him to preserve Sir George from an ill Office and Sir George moved in it accordingly so that Sir Iohn escaped trouble at that time For the Execution of the Warrant about the Flax that he knows is this White or his Fellow or one of them he knows not whether but he coming to the Fair of Athlone where the Lord Rainalaughs Residence is gave a Deputation to Iohn Dennis a Soldier of my Lord Wilmots and that within little time after several Complaints were brought to him as well by some of the Townsmen of Athlone or divers of the Countrey that this Dennis had seized on a great deal of Yarne in the Shops in the Town and abroad in the Countrey That he sent for the Soldier and Asked him By what Authority he did so who thereupon shewed the Proclamation a Warrant from my Lord Deputy and such a kind of Warrant as this whether a Warrant or a Copy he cannot say That he Examined what proportion of Yarn he had taken and he told the Lord Rainalaugh he had as much as a Cart could carry Asking him what he would do with it the said Dennis answered He would carry it to Dublin And he asking him farther What he would do with it there He told him the Lord Rainalaugh he had direction to deliver it to Mr. Carpenter my Lord Deputies Steward That he the Lord Rainalaugh medled not with it but thereupon posted a Gentleman to Dublin that had ready Access to the Deputy and told him the Complaints and this abuse by Execution of that Warrant and that though it was not agreeable to my Lord of Straffords intentions he conceived to have them used he thought fit to Represent them Thereupon He the Lord Rainalaugh went to Dublin Sir Iohn Clotworthy being Interrogated what he knows about breaking open of Chests for finding of Flax or any thing of that Nature He Answered That as it hath been laid open immediately on the Issuing of these Proclamations and these Mens going abroad The Markets were deserted and little came to the Markets at all though it were the most Native Commodity of the Kingdom and paid most part of the May-Rents For it is That the Women work on all the Winter-Season And when the Markets were deserted people were fain to bring their Yarn into houses and sell it under shelter where they might not be seen nor these Fellows Seize on it That thereupon these Men would come to Justices of Peace and Officers and they came to Sir Iohn himself and though he would not assist they would threaten the Constables and break open Chests and thereupon he the said Sir Iohn Clotworthy took away Yarn from them and restored it to the Proprietors This was done in the Town and County of Antrim that he cannot tell how long it is since but it was in pursuance of this Proclamation and Warrant Being Asked Whether the People were not ready to rise in Tumults and Uproares where these were Executed He Answered That it made very great Disorder and great Reason for it for they took away all they had provided for their Half years Rent and many people even Multitudes starved Lord Rainalaugh being Interrogated the time Answered He could not tell the certain time but my Lord of Strafford did withdraw it himself Patrick Gough being Interrogated Where he had the Remonstrance of the House of Commons He Answered It was delivered him the 25 th of February in the Commons House of Parliament in Ireland the whole House Sitting to be transmitted to the Committee for Irish Affaires here with many other things Which Remonstrance was Read being in effect the most Lamentable Complaint of the Knights Citizens and Burgesses chosen for the Provinces of Conaught and Ulster touching that most Cruel Extortion or rather Robbery committed by a Company of Pursivants sent abroad to Seize Yarne by Colour of divers Proclamations by the Lord Deputy Ianuary and May 1636. I. THe said Pursivants came into all the Publick Markets and seized on all the Linnen-Yarne and Clothing by which the Markets were destroyed II. The Merchant was forced to meet the People at their private Houses which they understanding
the said Realm are restrained from seeking relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous ways as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earl April 3. 1641. Mr. Palmer Proceeded in further Maintenance of the Charge of High-Treason by the Commons of England against the Earl of Strafford and said They were now entring upon the Sixteenth Article of his IMPEACHMENT and shewed THat from the Former Articles had been represented several and divers sorts of Crimes and how that in every of them their Lordships might perceive a Power assumed by my Lord of Strafford above and contrary to the Laws and destructive to them in every part so far as concerned the Subject Matter and how these Multiplications of Acts did presuppose an Habit and evidently proved that main Charge wherewith he was Accused viz. His endeavouring the Subversion of the Established Laws and Government and to introduce an Arbitrary and Tyrannical Power And that by this Article it would appear unto their Lordships that those Exorbitances that were done in Ireland were prepensed and intended before his going thither That those Oppressions were so by him done and that he might Countenance it the Article Charges him that on the 22 th of February in the 7 th year of the King he procured from his Majesties own allowance that no Complaint of Injustice or Oppression should be received in England unless the Party made first his Address himself to the Deputy and this was obtained on his repairing to that Government And this was to be observed by the Secretaries here the Masters of Request and all others by whom Complaints might have passage to His Majesty and it remained as a Caution that none should be admitted It is true many specious Reasons and Arguments were subscribed to this Proposition but the effect of them was to take the Reines of Rule into his own hands to prevent the immediate access and approach of the Subjects to His Majesty in their seeking of redress for their Grievances And in the 11 th year of the King after some time spent there to prevent them of all meanes of Redress their Complaints being before Imbargued that they could not be received no person at all must come over without License There must not be a Rumour of what was done in Ireland but such as he should so Authorize To that end by colour of some Laws in Ireland concerning them that were to maintain their Lands against the Irish in times of Hostility and Rebellion and under colour of some Instruction for their keeping their Residence on their Lands as also of a Letter to that purpose from His Majesty he is Charged that on the 17 th of Sept. 11 Car. he issued a Proclamation and that Commands the Nobility Undertakers and others that held Estates in Ireland to reside there and not to depart without his Licence and so restrained them from seeking Relief against his Oppressions without his Licence To them that desired Licenses he deny'd them On them that adventur'd to repair hither without Licence he imposed Fines and Imprisonments for transgressing that Proclamation and howsoever this may be Coloured with Pretences of Instructions and Letters from His Majesty it is an Usurpation on Regality and an undermining of the Protection of His Majesty over His People For Proof thereof Iohn Loftus being Sworn Attested That the Copy of the Propositions made by my Lord of Strafford was taken out of the Clerk of the Councils Office and was a true Copy The said Propositions were Read At VVhitehall 22 th of Feb. 1631. Propositions to be considered of by His Majesty concerning the Government of Ireland These Propositions were entered according to His Majesties pleasure signified by Mr. Secretary Cooke These Propositions made to His Majesty by the Lord Wentworth Lord Deputy of Ireland and Lord President of the North were Read and Approved of at the Council Board 17 th Feb. 1631. There being Present c. THat no particular Complaint of Iustice or Oppression be admitted here against any unless it appear the Party made first his Address to the Deputy This is but Iustice to the Deputy who must needs in some measure be a Delinquent Whence Mr. Palmer Inferred It did appear that this was to be Entered and remain with the Secretaries Masters of Requests and all others whom it might concern The next thing is the Proclamation in effect as followeth 17 th of Sept. 11 Car By the Lord Deputy and Council A Proclamation That Noblemen Undertakers and others shall be Resident here After the Preamble it Imports WE therefore in Obedience to His Majesties Royal Command signified by the said Letter Do Publish Declare and make known His Princely Pleasure That all the Nobility Undertakers and others that hold Estates and Offices in the Kingdom such only excepted as are imployed in His Service in England do hereafter make their Personal Residences here And not depart to England or other place without Licence of us the Lord Deputy any former Letter to the contrary notwithstanding And in case we the Lord Deputy shall have notice of their Contempt of His Majesties Will We shall proceed against them in an Exemplary way to deter others Therefore we straightly Command all manner of persons to take notice of this Proclamation Mr. Palmer observed That by the Propositions all Complaints are prevented by the Proclamation all persons are restrayned from coming over without the Lord Deputies Licence And that in pursuance hereof several persons that have required Licences have been refused That many of their occasions to come over were Complaints against the Deputy himself That such use hath been made of this Act that the Committee of the House of Parliament there were restrained from coming over on pretence of this Prohibition Witnesses were produced And first Richard Wade being Sworn was Interrogated Whether my Lord of Esmond did not require Licence to come into England and if it was deny'd him And Whether he had not a Suit depending with my Lord of Strafford and he would not let him come over till Publication passed whereby he was prevented of examining his Witnesses He Answered That in August 1638 my Lord of Esmond sent him with a Petition to my Lord Deputy for Licence to go to make an end of the Cause wherein my Lord Lieutenant was Plaintiff That he delivered the Petition to my Lord Lieutenant himself and waited on him every day for his Answer that he could not get Licence on that Petition That after this in Michaelmas-Term 1638 as he takes it my Lord of Esmond procured the Kings Letter This Letter he delivered to my Lord Deputy by direction of my Lord of Esmond but in this could not get Licence So that he was deteined from Aug. 1638
That we were sent for by my Lord Deputy Wainsford and he put us as we conceived them several catching Questions as If they had not my Lord Deputies Licence and the Boards Whether they would repair to England or no We Answered That in obedience to the House of Commons we did intend to repair to England No sayes my Lord Deputy Answer me Catagorically Would you go or no If we would Command you not to go to this we Answered No being between two Jurisdictions both from His Majesty for we had a Command from the House of Commons and a Counter-Command from His Majesty and we were denied Licence and a restraint of Ships for that cause they conceived to restrain them Being asked whether the Deputy did know the House of Commons had ordered them to come over and yet refused He answered the Lord Deputy did know it it was apparently known to all the Kingdom Mr. Fitz-gerard being examined to the same points as Sir Robert Linch He Answered That after the the Session of Parliament 1 Octob. last and the House of Commons had travelled till the 6 Nov. in the affairs of the Kingdom the grand Committee had heard and discussed many grievances general and particular and voted them to the House That about the beginning of Nov. the House entred into consideration of those grievances and drew up a Petition of Remonstrances to be presented to the Lord Deputy which was voted in the House of Commons 7 Nov. 9 Nov. the whole House attended with the Speaker and the Speaker read it publiquely before him The grievances were of that nature that they did Humbly and of Right as he remembers petition for redress of those grievances that the House conceiving the Parliament would be Prorogued or Dissolved before Redress was given they entred into consideration of a course to present it to His Majesty And 11 Nov. made an Order that the Committee should be appointed to repair to England with a Caution That if Redress should not be had before Dissolution or Prorogation of the Parliament that Committee should not proceed 12 Nov. it was Prorogued without Redress that the next day after Prorogation the Committee was summoned to attend at the Board and there was interrogated severally on a question as far as he can remember viz. Of their intention to go into England whether they would aske leave to go into England and admitting my Lord Deputy should command them not to goe till His Majesties pleasure was known whether they would go To all they were severally to answer and Catagorically this was my Lord Deputies word after Answer given they were ordered to withdraw and being called in again it was made known by the Lord Deputy Wainsford That he and the Lords had considered the whole matter and bade them take notice there was a Proclamation restraining all the Subjects of Ireland to make repair to England till application was made to the Deputy That he engaged them in Allegiance not to depart till he the Lord Deputy had known His Majesties pleasure whether they should goe or no which he would labour to know speedily The next thing Mr. Palmer offered was the Irish Remonstrance which was read To the Right Honourable the Lord Deputy The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament THe Petitioners do conceive great and strong fears of a Proclamation published in this Kingdom Anno 1635. Prohibiting men of Quality or Estate to depart this Kingdom without the Lord Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to His said Majesty and Privy Council of England to obtain remedies against their just grievances as their Ancestors have had since the Reign of H. 2. and great Fees exacted for the said Licences And so Mr. Palmer summed up the Evidence That by the Proposition made before my Lord Deputies going over it appeared what was intended That no complaints of oppression should be made without address First to the Deputy and what followed declares plainly the execution of it That notwithstanding the injustice and oppression done complaints could not be received By the former Article their Lordships have heard what he did there and the great causes of complaint After in time is the Proclamation their Lordships see the use made of it that those who had made complaints against my Lord himself and his Orders were refused to have Licence some that adventured to come without Licence were Fined and Imprisoned to their utter ruine The whole Parliament when the Order was well known were refused to have Licence it is true not by my Lord of Strafford but the Deputy who coloured his denial from these Acts of my Lord of Strafford what fears they had their Lordships may apprehend by the Remonstrance My Lord of Strafford assumed a great power to himself all Addresses being first made to him and the Subject thereby excluded from His Majesty till such address was made so that his Lordship is not Par negotio but Supra above all the authority committed to him not an Accessary but Principal not in the nature of a Subject but Domini and so he expected his Lordships Answer My Lord of Strafford after a little time of recollecting himself began his Defence in substance as followeth That he should only apply himself to the things in charge as near as he could and give the fairest Answer he could where by the way he alledged That he might very justifiably say he had never in his life other thoughts or intentions before his going into Ireland or during his abode there but justly and faithfully in the service of His Majesty and the Kingdom nor did he ever desire or intend any thing so much as to introduce the English Laws and Government there And whereas he is charged with a subversion of the fundamental Laws he may say he thinks with Truth and Modesty that the Laws had never so free a passage that never any Deputy gave less interruption to the proceedings of the Law than it had during all his time That it did not appear by all that hath been said that there was any stay of legal proceedings for all the Causes spoken of him came originally and primarily before they depended in any other Court and that he never hindred but gave all furtherance to the passage of the Common-Law and therefore if their Lordships find as they cannot but expect from him much Error and mistakes he besought them out of their Goodness and Nobleness to apply it rather to his Infirmity and Weakness than to any habit of ill he had got as he trusts he should make appear to their Lordships The Charge is to have procured with an intent of oppression a stop of all complaints of Injustice that none might be received in England unless it appeared That the party did make his address to him To prove this the Gentlemen have read a Proposition of his made
whether it were or no hath denyed Licence without Fees and that certain Fees were demanded shall be made appear Whereupon Richard Wade being Interrogated whether Fees were not demanded by the Secretaries for Licences of mens passage into England and what Fees He Answered That for Fees for my Lord of Esmond's Licence he was demanded 24 or 25 s. Patrick Gough being asked to that point He Answered That he remembers he hath taken Licences twice or thrice for my Lord Viscount Mountgomery and for every one of them paid 25 s. and for three of his servants 25 s. and that those were demanded for he the Deponent would have given less if they would have taken less and that these were demanded by Secretary Littles Servants Mr. Glyn desired one word more and the rather said he because it seems my Lord of Strafford slights this Article which is the most proved and the least answer'd of any yet heard their Lordships may observe what is laid to his charge the subverting of Laws and the introducing of a Tyrannical Government And before he goes about his work he puts off all means of redress beforehand that if he give any occasion of offence he that is offended shall not possibly have remedy His justification is because of that great danger that may ensue for they may joyn with Rebels but that 's a pretence Indeed he used that Argument when he moved it to His Majesty but it was that they might not come over to make complaints That his Propositions were made and entred at the Council-Table here he aggravates his offence and Mr Glyn did thus illustrate it That if a man come to him and desire leave to lye in his House if he gives the party leave and he by that means takes occasion to betray him or to commit Felony or steal his Goods That leave was well given but it aggravates the others offence when he doth mischief to him that lodged him So my Lord of Strafford's Proposition was fair but if their Lordships observe the subsequence of it that he might exercise his Power and leave the Subject without means of redress but they must come to himself for it Mr Glyn further said he thinks had he suffered under his hands after the example of my Lord Mountnorris he should be loth to say to his face he would complain An Act of Parliament he produces for his Justification which is plainly against him for it shews there were some that held Lands there by tenure and if they were not resident they forfeited Then comes the Act and says That those whom the King commands to be absent they shall not forfeit which shows they had a personal Power without Licence so that the very Law produced is expresly against him and there Lordships may see by his own Proposition the occasion of his introducing this Letter And Mr. Glyn concluded That he supposes that my Lord of Strafford hath made no answer to that And so the 16 th Article was finished and the 17 th and 18 th being for the present set aside the Committee that managed the Evidence proceeded to the 19 th Article THE Nineteenth Article The Charge 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command He the said Earl in May the 15th year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of His Majesties Royal Commands but submit himself in all Obedience thereunto which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath a gainst their Wills and of such as refused to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and exiled and namely the 10th of October Ann. Dom. 1639. He Fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the Kings 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 acknowledgement 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 Mr. Whitlock proceeded to open the 19th Article setting forth in substance as followeth THAT the next Article in which they shall proceed to make good the Impeachment of all the Commons of England against my Lord of Strafford is the 19th Article That their Lordships have heard his demeanor to the Subjects of the Irish Nation what power he exercised over their Liberties their Properties their Lives That he used His Majesties Subjects of Scotland in the same manner exercising an unlawful power over their consciences by imposing a new and unlawful Oath on such of them as lived in Ireland That the Kings Subjects of the Scotish Nation have the same benefit of protection from His Majesty and His Laws as his other Subjects have since they are bound to the same Allegiance to the same Obedience and therefore what ought not to be done to any other of the King's Subjects ought not to be done to them That a new Oath cannot be imposed without Assent of a Parliament yet my Lord of Strafford is pleased to enjoyn this Oath to contrive it to threaten them that desired to consider of it he sends forth Commissions to the Gentry in the Countrey to tender it and such as refused were brought up by Pursivants and Officers to Dublin and committed to Prison and divers of them rather than they would take this Oath were fain to forsake their Families their Estates and Lands and fly away and were exiled the Kingdom That the Charge particularly mentioning the sentencing of Henry Stuart his Wife and two Daughters and one Iames Gray above the age of 16. who for refusing this Oath were Fined Stuart himself 5000 l. his Wife 3000 l. his Daughters 3000 l. apiece and Iames Gray as much and in their Sentence my Lord was pleased to declare himself so bitter against that Nation and so much resolved that this Oath should be taken by all of them though against Law That he publiquely said That those who refused to take the Oath
for my Lord of Canterbury if they have examined him it was before his Charge and they shall make no use of his examination neither is he a person capable of being a Witness being now charged and in some particulars for conspiring with the Lords at the Bar and therefore they submit it whether it be convenient he should be examined though if they shall urge his Testimony it will be something and likewise their Lordships over-ruled it in Sir George Ratcliff's Case But my Lord of Strafford submitting all to their ordships good pleasure it being his part only to move as his Lordship said and do what their Lordships should in their wisdoms think fit The Lord Steward declared their Lordships pleasure that Sergeant Glanvill and the other Witnesses might be reserved to be heard to morrow viva voce and that the examinations of my Lord of Northumberland and my Lord Keeper might be likewise reserved for my Lord of Canterbury it was observed that he was examined before the Charge and that the Gent. of the Commons-House intend not to make use of his Testimony And so the Committee proceeded to the next Article Mr. Whitlock proceeded putting their Lordships in mind that they had been pleased to take a view of my Lord of Strafford's Courses in Ireland which have manifested his designe to subvert and change the Law and bring in an Arbitrary Government That his execution of that Arbitrary Power upon the persons Estates and Lives of the Kings Subjects there hath been a clear proof of this his designe They shall now proceed to show their Lordships what his designe was in England and Scotland as the same was set forth in the 20th21 22 23 and 24th Articles together with the matters contained in them they being interwoven and depending one upon the other and so are but one business My Lord of Strafford did thereupon offer that he conceived it was agreed they shoul go Article by Article that his Memory is short and his Abilities weak and if three or four be brought together his Memory will not serve him to give them that account that otherwise he should be able to do And since the order of proceeding Article by Article was by consent he besought that course might be persued not giving consent to the alteration of it But Mr. Maynard desired leave to remember their Lordships that they offered to go Article by Article till they came to some that were woven together which might change the course They find much time is lost between Article and Article and there will need no great Consideration of of these being only about words and when my Lord of Strafford stands by way of Defence he may not inform them which way to proceed and they will proceed no way differently from what was formerly proposed My Lord of Strafford humbly appealed to their Lordships Whether the Favour offered him for recollecting his Notes had spent much time and added perhaps if another man had been in his case he would have thought as long a time as he had taken necessary tho a far abler man than himself but this inverts the whole Order agreed on and brings him to a great inconvenience and therefore he desired he might Answer them single in the mannor as was agreed upon To which Mr. Whitlock Answered That if the Articles be not proceeded in together and as having relation to one another they will loose much of the Application Evidence and Proof and he conceives will be more easie to my Lord of Strafford And for the Order mentioned there was under favour no order in it but when my Lord of Strafford made the motion Mr. Whitlock said he took the boldness to inform their Lordships that he should proceed on some of them altogether which my Lord of Strafford did not deny and their Lordships approved of and according to that they desire to proceed Mr. Glyn adding That he never knew before this time a Prisoner at the Barr prescribe a Method to the Evidence especially if he be charged with High Treason and my Lord may afford them the same favour they do him for if he will answer Article by Article he may but as they leave him to his course so they desire to take their course But in that case my Lord of Strafford desired he might have time to Answer till to morrow morning and professed that he should be extream unwilling to offer any thing that became him not in Humility and Modesty or to prescribe a course to any he being in his condition but he trusts he may with Humility and Duty offer to their Lordships consideration these things that may be for his Assistance and Defence without offence to any So the Committee that managed the Evidence for the commons-Commons-House had direction to proceed as they had propounded Mr. Whitlock then proceeded to open the Charge of these Articles which will refer to prove a designe of my Lord of Strafford against Scotland to subvert their Parliament and our Government here and to bring in an Army on us to force us to submit to an Arbitrary Power First they shall apply themselves to prove his designe against Scotland which lies first in the Charge That he advised the King two or three times that the demands made by the Scots in their Parliament were a sufficient ground for a Warr against them notwithstanding that Parliament was indicted by the Kings Royal Authority and they have their liberty to Propound and Treat Your Lordships may remember what my Lord of Strafford said at the sentencing of Stewart in Ireland whereby he expressed his hatred and rancor towards them and his opinion of them at that time being after the pacification made and he continues in the same ill opinion of them and to give the same ill Council That at another time he told His Majesty the demands of the Scots in their Parliament were not matter of Religion but struck at the root of Government and that it was fit to punish them by force That he caused the Ships of the Scots in Ireland to be seized That he procured the Parliament in Ireland to declare their assistance and give supply for a Warr against Scotland and that several times he endeavoured to perswade His Majesty to an offensive Warr against the Scots under which particulars will fall in proof his design against Scotland His design against England was of the same nature which will appear by his words and by his Councils and by some Speeches given out by those that have very near Relation to him and are his creatures who agreed with his own words likewise They shall prove to their Lordships That on a discourse between Sir George Ratcliffe and Sir Robert King concerning the War with the Scots and my Lord of Straffords being engaged in it Sir George Ratcliffe told him We are ingaged in a War with the Scots and we must go on with it
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
give him the respit of a day to restore his litle strength it shall please God to lend him for he is not able to speak or stand Which the Committee for the Commons House said they should not oppose if it stand with their Lordships pleasure Mr. Pym did only add this That if their Lordships please to observe my Lord of Straffords endeavours to prove divers mitigations of his words some by Mr. Comptroller and some others by my Lord Goring But their Lordships may observe that the words in the Charge were spoken at the Committee the words spoken of by Mr. Comptroller were at the Council-Table and therefore they are not the same nor serve they for extenuation of words spoken at another time And so the House was Adjourned and appointed to meet again on Wednesday next THE Five and Twentieth Article The Charge 25 THat not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-Money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-Money divers of which were threatened by him to be sued in the Star-Chamber and afterwards by his Advice they were sued in the Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great Loan of One hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his Advice to the Council-Table to give an account of their proceedings in raising of Ship-Money and furthering of that Loan and were required to certify the Names of such Inhabitants of the City as were fit to lend which they with much humility refusing to doe he the said Earl of Strafford did use these and the like speeches viz. That they deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and that they were laid by the heels and some of the Aldermen hanged up April 7. 1641. Mr. Maynard proceeded to make good the Charge of the Commons of England against the Earl of Strafford touching High Treason and said They had already brought it so high as they must needs acknowledge they cannot goe higher a Design being laid to introduce an Arbitrary Government and Counsels given to maintain that and to introduce it by force They can goe no higher unless those Counsels had unhappily succeeded but though those Counsels take not effect yet the Principles whereby those Counsels were given appear still to have remained AND whereas my Lord of Strafford having these things proved against him by his Speeches Opinions and Counsels pretends there was no such thing done as if the goodness of others would excuse the badness of his Counsels they shall shew what he did do in the succeeding Articles And in the 25 th he proceeds First to advise His Majesty to go on vigorously with the Ship-Money he procured the Sheriffs to be sent for and sued in the Star-Chamber he sent for the Mayor and Aldermen about the loan of 100000 l. and the furtherance of Ship-money and were told by him That they deserved to be put to Fine and Ransome c. To prove the 25 th Article The Lord Treasurer of England being Interrogated What Advice my Lord of Strafford gave touching the levying of Ship-Money His Lordship Answered That he remembers my Lord of Strafford did advise that they should go vigorously and effectually on with the getting of Ship-Money he takes the time to be when as the Ship-Money came in very slowly and they were enforced to take out of these Moneys that were provided for the furnishing of the Army divers great sums to set out a Fleet which else would have staied still and my Lord of Strafford took no tice That if it were not repaied the Army would be destitute and unfurnished and therefore advised as formerly That the Ship-Money might go on vigorously and the other Money be repaid again for the use for which it was appointed and it was after the breach of the last Parliament Tho. Wiseman Sworn and Interrogated what he heard my Lord of Strafford say when the Aldermen of London were called to the Council-Table about the Ship-Money and the Loan and when it was He Answered That for the time he cannot very well remember and touching the Loan he is able to say little But about the Ship-Money he doth well Remember that my Lord should say they would never do their Duties well till they were put to Fine and Ransome meaning the Aldermen that were then called before their Lordships and this is as much as he can say Being asked whether there were not words of laying by the heels and what the words were He Answered He should not fear to do it My Lord of Strafford did say Whether on the Loan or Ship-Money he is not able to remember You should doe well to be layed by the heels you shall have no good of this man till he be laid by the heels and he the Examinant supposes it was meant of my Lord Mayor who was then present as he remembers and my Lord was there and to his best remembrance His Majesty was present Earl of Barkshire being Sworn and Interrogated What my Lord of Strafford counselled the King touching the said matter of Loan His Lordship Answered That he remembers His Majesty desired to borrow a sum of Money and to give good security for it and Interest after 8 per cent on the sum That the Aldermen were sent for and commanded to give in to the King the Names of those Men that were most able within their several Wards which they excusing themselves from doing my Lord of Strafford said Gentlemen in my opinion you may be lyable to Fine and Ransome for refusing the Kings Command on this occasion for not certifying the Names and this is the effect of what he spake Sir Henry Garaway being Sworn and Interrogated What my Lord of Strafford said to the Aldermen about the Ship-Money and Loan-Money He Answered That as he was Mayor of London in the last year he was oftentimes commanded to attend the Council-Table with the Sheriffs of London when they came about the Ship-Money there came no body as he conceives but they and himself but when they came concerning the Loan the whole Court of Aldermen came together Concerning the Ship-Money he confesses he found a great difficulty of it he could not tell which way to turn himself to levy the Money to give the King satisfaction He acquainted His Majesty That there were these difficulties in it That of two years proceeding not one halfe of the City of London had paid and therefore the willing men that had paid
King His Queen and Children Intention is Treasonable yet in all other things there mentioned there must be Action besides Intention for it is not said If a Man do intend to Kill a Chancellor it shall be Treason but if he doth 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 Kings Impression upon the Coyn all his Intentions yea his Preparations will not serve to make up a Treason Ye see therefore my Lords that the Body of the Statute cannot stick against the Lord Strafford neither in Letter nor Consequence this is not that must not be All that can be said is That the 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 it might be presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it it is to say It is no Treason at all the Statute ever makes the Treason and to be declared Treason either by Common Law or by Parliament are but two different wayes of proceedings and must both resolve into one Principle nay and which comes home to the Point in the 21 of Edward the Third To kill a Man employed in the Kings War was Treason and the 23 d to kill the King's Messenger was Treason by Declaration of the Common Law but alwayes by reason of the Statute yet none of these are Treasons but Felonies onely because of the intervening Statute of the 25 th of Edward the Third such hath ever been thought the force of its Letter and Declaration and so I will leave it and a word or two of the Salvo which is this That because all particulars could not be enumerated therefore what the Parliament should declare to be Treasonable in time to come should be punished as a Treason And according to this Reservative in the 8 th year of King Richard the Second one charged before the Kings 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 11th year of the same King the Duke of Ireland and Nevill Archbishop of York were Impeached of High-Treason by Gloucester Arundel and Warwick and notwithstanding the Statute were convicted thereof by the Salvo but in the 21 of the same Richard the 2 d the Tide turned and the King had such a Hand with the Parliament that the Sentence was Recalled and those Three Noblemen themselves were Adjudged Traytors again in the 1 of Hen. the Fourth His Successor that Revocation of the 21 Richard the Second was Repealed and the Sentence of the 11th 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 1 Hen. the Fourth a Petition was preferred by the Nobility to have Treason limited within some Statute Because they knew not what to speak or what to do for fear thereof And in Chap. 10. 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 Literally contained in the 25th of Edward the Third And therefore it is said in the Records That there was Great Joy at the making of this Act in that the Drawn Sword hanging over every Mans head by this Slender Thread of a Consequence or Illation was removed by that Act. Add to this that in the First of Queen Mary Cap. 1. 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 of 25 Edward the Third without the least mention of the pretended Salvo The Earl of Northumberlands Case comes nigh to the Point he was charged with Treason the 5th of Henry the Fourth and if the Statute of the 1 Henry 4th Chap. 10. whereby this Proviso is Repealed had not intervened no doubt he had been Condemned of Treason but he was onely Convict of Felony and that because he could not be drawn within the Letter of the Statute of the 25th of Edward the Third And I dare confidently say it that since that Act was made the 1 Henry the Fourth Chap. 10. 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 Literally 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 25th Edward the Third and that the Salvo contained in the same stands Repealed almost Two hundred years agoe And this is all I conceive to be necessary for that Statute which was Alledged by the Lord Strafford in his Defence for matter of Law The Recorder said He could add nothing to what the former Councel had spoken for matter of Law but if their Lordships would state unto him any further Questions he was ready to give his Resolution according to his best ability Mr. St. JOHN'S ARGUMENT OF LAW CONCERNING The Bill of Attainder April 29th 1641. MY Lords The Knights Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tendrest the Judicatory within that that Judge not them who Judge him and in that which is most Sacred amonst Men the Publick Justice of the Kingdom The King is to be accounted unto for the loss of the meanest Member much more of one so near the Head The Commons are concerned in their Account for what is done your Lordships in that which is to be done The business therefore of the present Conference is to acquaint your Lordships with those things that satisfy'd the Commons in Passing of this Bill such of them as have come within my capacity and that I can remember I am Commanded from the Commons at this time to present unto your Lordships My Lords in Judgment of greatest Moment there are but two wayes for satisfying those that are to give them either the Lex lata the Law already established or else the use of the same Power for making new Laws whereby the old at first received life In the first consideration of the setled Laws in the degrees of Punishment the Positive Law received by General Consent and for the Common Good is sufficient to satisfie
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
Pate Esq Io. White Esq Rich. Moore Esq Rich. Reeves Esq Tho. Pewry Esq Will. Pewrifoy Esq Will. Spursâ—ow Esq Simon Snow Esq Rich. Ferris Esq Ed. Thomas Esq Serj. Wild. Humphrey Salway Esq Tho. Leeds Esq Will. Harrison Esq Gervis Clifton Will. Herbert Esq Iohn Woogan Esq Henry Brett Esq Iohn Trevanion Esq Walter Lloyd Esq Sir Rich. Leigh Sir Tho. Ingram Sir Ro. Crane Iohn Upton Esq Iohn Arundel Esq Iona. Rashly Esq Rich. Arundel Esq Iohn Woddon Esq Iohn Pearsival Esq Sir Will. Portman Theobald Gorge Esq Tho. Smith Esq Sir Martin Lister Sir Tho Cheâ—k Tho. Hayle Esq Anthony Beding field Esq Sir Tho Smith Ralph Ashton Esq Iohn Potts Esq Francis Rowse Esq Pierce Edcomb Esq Sir Walter Earl Sir Will. Masham Iohn Gourdon Esq Iohn Role Esq Tho. Arundel Esq Ioseph Iane Esq Sir Philip Parker Arthur Ainsâ—ow Esq Geo. Hartnal Esq Edw. Wingate Esq Robert Sicil Esq Sir William Litton Sir Iohn Iennings Sir Oliv Luke Sir An. Nichols Iohn Broxam Esq Iohn Allured Esq Geo. Buller Esq Iames Fines Esq Nich. Weston Esq Sir Beauchamp St. Iohn Sir Richard Ansâ—ow Sir Io. Corbet Sir Alex. Denton Sir Io. Parker Sir Ro. Parkhurst Sir Ambrose Brown Sir Sam. Owfield Sir Rich. Buller Alex. Carew Esq Sir Nath. Barnadiston Sir Harvy Baggott Simon Norton Esq Samson Evers Serj. at Law Philip Sidney Lord Lisle Iohn Alford Esq Sir Ch. Williams Rich. Herbert Esq Sir Edw. Alford Sir William Plaitor Francis Gamull Esq Sir Ioh. Stepney Sir Io. Brook Io. Fenwick Esq Will. Chadwell Esq Alex. Lutterell Esq Io. Burlace Esq Sir Io. Cook Tho. Cook Esq Tho. May Esq Sir Richard Lewison Iohn Griffith Esq Matthew Davis Esq Iohn Fettiplace Esq Geo. Loe Esq Rich. Edgcomb Esq Sir Ed. Redny Sir Arth. Haâ—welrig Sir Fran. Barnham Sir Tho. Gervis Ro. Wallop Esq Iames Rivers Esq Will. Haveningham Esq Will. Cawly Esq Iohn Button Esq Tho. Gervis Esq Sir Hen. Worsly Hen. Darly Esq Valentine Walton Esq Sam. Vassal Esq Hen. Campion Esq Io. Merrick Esq Herbert Price Esq Tho. Earle Esq Will. Marlet Esq Will. Drake Esq Sir Ed. Littleton Sir And. Ludlow Rich. Harman Esq Rich. Shettleworth Esq Sir Iohn Draidon Will. Ellis Esq Will. Thomas Esq Io. Pine Esq Will. Iepson Esq Iohn Hotham Esq Tho. Hodges Esq Tho. Moore Esq Godfrey Boswell Esq Antho. Staply Esq Io. Moyle Esq Will. Hay Esq Ferdinando Stanhop Esq Harbottle Grimston Esq Iohn Craven Esq Rob-Crooke Esq Edw. Philips Esq Rob. Reynolds Esq Sir Tho. Pelham Ben. Valentine Esq Sir Tho. Fanshaw Matthew Cradock Esq Lloyd Esq Sir Will. Dalson Sir Tho. Woodhouse Francis Godolphin Esq Framlingham Gaudy Esq Anthony Irby Esq Lord Wenman Iohn Lowry Esq Sir Tho. Danby Iohn Eveling Esq Long Esq George Parry Esq Will. Morgan Esq Walter Kirk Esq Sir Tho. Parker Grantham Esq Tailor Esq Iohn Trenchard Esq Rob. Sutton Esq Iohn Whistler Esq An. Hungerford Esq Tho. Eversfield Esq George Searl Esq Cha. Baldwin Esq Rich. Whitehead Esq Gerrard Napier Esq Hen. Garton Esq Mich. Noble Esq Serjeant Creswel Sir Iohn Holland Sir Will. Ogle Sir Charles Gross Sir Geo. Stonehouse Ro. Hurst Esq Will. Basset Esq Ralph Godwin Esq Ro. Nichols Esq Sir Er. Knowles Nathan Hollow Esq Ambros Mannaton Esq Ro. Walker Esq Sir Rich. Brown A Message was immediately sent to the Lords to acquaint them that the Commons had just cause and ground to suspect that there hath been and still is a secret practise to discontent the Army with the proceedings of the Parliament to ingage them in some design of dangerous consequence to the State and by some mischievous ways to prevent the happy success and conclusion of this Assembly and to desire their Lordships that a Select Committee might be appointed to take the Examinations upon Oath concerning this desperate Plot and Design in the presence of some of the Commons and to move His Majesty in the name of the Parliament that upon this great and weighty occasion no Servant of His Majesty the Queen or Prince may depart the Kingdom without leave of his Majesty with the Advice of His Parliament until they appear and be examined And the Commons immediately agreed upon a Letter to the Army and sent it away by an Express to assure them of the care the Parliament took to provide Moneys for them and did not doubt but the Army will give a fair testimony of their affections to the Parliament notwithstanding the evil deportments of some persons who have endeavoured to discontent them At the same time the Commons passed several Resolves in order to the security of the Nation viz. That strict enquiry be made what Papists Priests and Iesuits be now about the Town That the 1500 Barrels of Powder going to Portsmouth may be stayed That the Forces in Wiltshire and Hampshire be drawn towards Portsmouth And the Forces in Kent and Sussex towards Dover And they did declare that whosoever should give Counsel or Assistance or joyn any manner of way to bring any Forreign Force into the Kingdom unless it be by Command from His Majesty with consent of both Houses of Parliament shall be adjudged and reputed as publique Enemies to the King and Kingdoms These Resolves the Commons made known to the Lords for their concurrence and also desired them to move His Majesty for the stop of the Ports and that the Lord Admiral should place such Trusty Commanders in the Ships for the security of the Nation as they could confide in in all which the Lords did most readily concur The Commons did further communicate unto the Lords the Protestation which they had taken in their house desiring the Lords it might also be taken by every Member of their House It was sent to the House of Lords by Mr. Hollis who at the delivery thereof did amongst other passages express himself to this effect MY LORDS THe Knights Citizens and Burgesses of the House of Commons having taken into their serious Consideration the present State and Condition of this Kingdom they find it surrounded with variety of pernicious and destructive Designs Practises and Plots against the well being of it Nay the very Being of it and some of those designs hatched within our own Bowels and Viper-like working our own destruction They find Jesuits and Priests conspiring with ill Ministers of State to destroy our Religion they find ill Ministers conjoyned together to subvert the Laws and Liberties they find obstructions of Justice which is the Life and Blood of every State The Parliament of late years have been like the Fig-tree in the Gospel without Efficacy without Fruit commonly taken away as Elias was with a whirlwind never coming to any maturity The same ill Councils which first raised that storm and almost shipwrackt the Common-wealth do still continue they blow strong like the East wind that brought the Locusts over the Land Is it not time then my Lords that we should unite and concentrate our selves and defeat the Counsels of these Achitophels which would involve us
make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath Declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befall Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and Iustice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can doe besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD WEdnesday the 5th of May there happened to be a strange Hubbub in the City upon a false Alarm That the Parliament-House was beset and on fire and all their lives in danger which occasioned such running up and down in a confused manner to come to protect them that the like hath scarce been seen This Hubbub and Alarm happened upon this occasion Sir Walter Earl was making a Report to the House of some Plot and Design to blow up the House of Commons Whereupon some Members in the Gallery stood up the better to hear the Report and Mr. Moyle of Cornwal and Mr. Middleton of Sussex two persons of good bigness weighed down a board in the Gallery which gave so great a crack that some Members thought that it was a Plot indeed and Sir Iohn Wray speaking out he smelt Gunpowder hastening back out of the Gallery some Members and others in fear running out of the House frighted people in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members were slaine and the people running in a hurry through the Hall Sir Robert Mansel drew his Sword bid them stand for shame he saw no Enemy to hurt the Parliament nor heard no noise of the fall of the parliament-Parliament-House but some of them hastened by Water from Westminster and carryed the Alarm into London which occasioned so great a resort of People in multitudes to Westminster to save the Parliament and one Regiment of Trained-Bands Commanded by Colonel Manwaring upon beat of Drum were instantly Armed and marched as far as Covent-Garden beyond their Liberties to secure the Parliament but finding the Alarm false they returned again The same day the Commons passed the Bill for the continuance of the present Parliament and carried the same up to the Lords The House of Commons commanded all their Members to attend the House and not to depart the Town The next day the Committee appointed to joyn with the Lords for taking Examinations concerning the Plot did acquaint the House that 6 or 8 of the chief Conspirators were fled of which Mr. Henry Iermin and Mr. Henry Piercy Members of the House were two and that they were gone towards Portsmouth Upon which Report present Information came that the Queen was preparing to go to Portsmouth thereupon both Houses had a Conference and agreed to move Her Majesty to stay Her journey for the security of Her Person Her Majesty not knowing what danger she might be exposed to in those parts In the mean time One Lord and Two Commoners were dispatch'd to Portsmouth with private Instructions to propose certain Queries to the Governor there and to take further care for the security of the Place and Haven of such Importance and they took an Oath of Secresie as those Lords and Commons had done who were appointed to examine the Plot. His Majesty was desired by both Houses to issue out a Proclamation for the calling in Mr. Peircy and Mr. Iermin within a time limited which was accordingly granted And the Lords were desired by the Commons to hasten the Bill of Attainder of the Earl of Strafford To prevent further discontents in the Army this Letter was sent by Order to Sir Iacob Ashly and Sir Iohn Coniers to be communicated to the Army in the North. WHereas there hath been just cause of jealousie that there hath been some secret Attempt and Practises to infuse into the Army a mistake of this Parliament to some dangerous intent and purpose againk this State and that now the matter is grown to strong presumption upon further discoveries and by reason that some of those which were suspected to have been active therein are fled upon the first stirring thereof before ever they were once named It pleaseth this House to Declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed especially against the principal Actors therein this House hath resolved whereunto the House of Peers hath
a distance march on a sudden to London and surprize what they had in Design That Mr Iermin was the person that first proposed the marching of the Army towards London That he for his part declared himself absolutely against it That Mr. Iermin replyed to him in private You do not dislike the Design for you are as ready for any wild mad undertaking as any man I know but you dislike the temper of those persons who are ingaged in the business He did further confess That he propounded that Suckling might also be admitted to the Consultation but Wilmot Ashburnham and Pollard would not hear of it and they three did then declare themselves against the Armys marching towards London Then he took occasion to say That he did acquaint some Members of both Houses whom he could name that there were some of the Army whom they did not think so well of were more faithful and serviceable to the Parliament than they were aware of which time would produce and named them and they did accordingly give testimony of his Integrity so far as general Terms could discover the design He confessed that Mr. Iermin did make some offers unto him to relinquish the Government of Portsmouth upon some other terms of advantage but he said he did not conclude any thing for he would first see the performance of what was offered so had no further discourse with him concerning that business but he doth believe that Suckling and Iermin did confer together about the Design he said they did desire his opinion about a General some were for Essex some for Holland but he with Iermin were for Newcastle Being again examined upon his Oath before the Committee of Lords and Commons and pressed more particularly to answer questions not before proposed unto him He did confess that meeting with Mr. Iermin in the Queens Drawing-Chamber Her Majesty came and told him the King would speak with him and meeting with His Majesty he told him he was minded to set His Army into a good posture being advised thereto by the Earl of Bristol as he said and His Majesty then Commanded him to joyn with Mr. Peircy and some others in that business As for the Designs from beyond Seas the Committee did make Report to the House that it was clear'd unto them that Iermin endeavoured to have got the possession of Portsmouth That the King of France had drawn down great Forces to the Sea-side That the Governor of Calice had examined some Englishmen whether the Earl of Straffords Head was yet off and this was in point of time the First of May according to the English stile and Sir Philip Cartwright Governor of Guernsey wrote Letters also which came in great haste That he understood the French had a Design upon that Island or some part of England It also appeared to the Committee by divers of the Letters which were opened coming from beyond Sea that they expected the Earl of Strafford there and that they hoped the Horseleeches should be starved for want of Blood and in some of those Letters there was advice to the Cardinal to bestir himself betimes to interrupt the height of the proceedings here in England Also examination of some Priests were taken in Lancashire and sent up to London which were there taken the 3 of May which did testify That the Priests did say The Parliament should be suddenly Dissolved for the Army was to march up thither with all speed and they would be seconded by Forces out of France and that Mountague did write out of France to Mr Peircy which was also intercepted That if he did perform what he had undertaken he would be made a Knight of the Garter Mr. Peircys Letter to the Earl of Northumberland and by him presented to the Parliament WHat with my own Innocency and the Violence I hear is against me I find my self much distracted I will not ask your Counsel because it may bring prejudice upon you but I will with all Faithfulness and Truth tell you what my part hath been that at least it may be cleared by you whatsoever becomes of me When there was 50000 l. designed by the Parliament for the English Army there was as I take it a suddain Demand by the Scots at the same time of 25000 l of which there was 15000 l. ready this they pressed with much necessity so as the Parliament did after an Order made think it fit for them to Reduct 10000 l. out of the 50000 l. formerly granted upon which the Soldiers in our House were much scandalized amongst which was one and sitting by Wilmot and Ashburnham Wilmot stood up and told them If that the Scots could procure Money he doubted not but the Officers of the English Army might easily do the like but the first Order was reversed notwithstanding and 10000 l given to the Scots this was the cause of many discourses of dislike among us and came to this purpose That they were disobliged by the Parliament and not by the King this being said often to one another we did Resolve that Wilmot Ashburnham Pollard O-Neal and my Self to make some expressions of serving the King in all things he would Command us that were Honourable for Him and us being likewise agreeing to the fundamental Laws of the Kingdom that so far we would live and dye with him This was agreed upon with us not having any communication with others that I am coupled now with all and further by their joynt consent I was to tell His Majesty thus much from them but withal I was to order the matter so as the King might apprehend this as a great Service done unto him at this time that when affairs were in so ill a condition and they were most confident they would ingage the whole Army thus far but further they would undertake nothing because they would neither infringe the Liberty of the Subjects nor destroy the Laws to which I and every one consented and having their sence I drew the Heads up in a Paper which they all approved of when I read it and then we did by an Oath promise one another to be constant and secret in all this and did all of us take this Oath together then I said Well Sirs I must now be informed what your particular desires are that so I may be the better able to serve you which they were pleased to do and so I did very faithfully serve them therein as far as I could This is the Truth and all the Truth upon my Soul In particular discourses after that we did fall upon the petitioning to the King and Parliament for Moneys there being so great Arrears due to us and so much delays made in the procuring of them but that was never done The Heads were these 1. Concerning the Bishops Functions and Votes 2. The not disbanding of the Irish Army until the Scots were disbanded to 3. The endeavouring to settle His Majesties Revenue to that proportion it was
formerly And it was resolved by us all if the King should require our assistance in those things that as far as we could we might contribute thereunto without breaking the Laws of the Kingdom And in case the King should be denyed those things being put to them we would not fly from him all these persons did Act and Concur in this as well as I. This being all imparted to the King by me from them I perceived he had been Treated with by others concerning some things of our Army which agreed not with what was proposed by me but tended to a way more sharp and high not having limits either of Honor or Law I told the King he might be pleased to consider with himself which of the ways it was fit for him to hearken unto for us we were resolved not to depart from our grounds we should not be displeased whosoever they were but the particular of the Designs or the Persons we desired not to know though it was no hard matter to guess at them In the end I believe the danger of the one and the justice of the other made the King tell me he would cast off all thoughts of other Propositions but ours as things not practicable but desired notwithstanding that Goring and Iermin who were acquainted with the other proceedings should be admitted amongst us I told him I thought the other Gentry would never consent to it but I would propose it which I did and we were all much against it but the King did press it so much as at the last it was consented unto and Goring and Iermin came to my Chamber there I was appointed to tell them after they had sworn to Secrecy what we had proposed which I did But before I go into the Debate of the way I must tell you Iermin and Goring were very earnest Suckling should be admitted which we did all decline and was desired by all our men to be resolute in it which I was and gave many Reasons whereupon Mr. Goring made answer he was ingaged with Suckling his being imployed in the Army but for his meeting with us they were content to pass it by Then we took up again the ways that were proposed which took great debate and theirs differed from ours in Violence and Heigth which we all protested against and parted disagreeing totally yet remitted it to be spoken of by me and Iermin to the King which we both did and the King constant to his former Resolutions told them these wayes were all vain and foolish and would think of them no more I omit one thing of Mr. Goring he desired to know how the Chief Commands were to be disposed of for if he had not a Condition worthy of himself he would not go along with us We made answer That no body thought of that we intended if we were sent down to go all in the same capacity we were in he did not like that by any means and by that did work so with Mr. Chidley that there was a Letter sent by some of the Commanders to make him Lieutenant-General and when he had ordered this matter at London and Mr. Chidley had his Instructions then did he go to Portsmouth pretending to be absent when this was a working we all desired my Lords of Essex or Holland to be General but Goring and Iermin were for Newcastle They were pleased to give Report that I should be General of the Horse but I protest neither to the King nor any else did I so much as think of it My Lord of Holland was made General and so all things were laid aside and this is the Truth and all the Truth I knew of these proceedings and this I will and do protest unto you upon my Faith and Wilmot Ashburnham and O-Neal have at several times confessed and sworn I never said any thing in the business they did not every one agree unto and justify This Relation I sent you rather to inform you of the truth of the matter that you may the better know how to do me good but I should think my self very unhappy to be made a betrayer of any body what concerned the Tower or any thing else I never medled withal nor ever spake with Goring but that night before them all and I said nothing but what was consented unto by any party I never spake one word with Suckling Carnarvan Davenant or any other creature Methinks if my Friends and kindred knew the Truth and Justice of the matter it were no hard matter to serve me in some measure Afterwards was read Father Philips's Letter to Mr. Mountague as followeth THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good here I have sent you a Copy of the Kings Speech on Saturday last at which time he discharged his Conscience concerning the Earl of Strafford and was advised to make that Speech by the Earl of Bristol and the Lord Savile This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were thereby much incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse than the Scotch Covenant The Londoners who are very boysterous came upon Monday 5 or 600 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their House but threatened them that if they had not Justice and if they had not his Life it should go hard for all those that stood for him following them up and down and callâ—g for Iustice Iustice Iustice. There was in the House of Commons Fifty six that denyed to pass the Earl of Straffords Bill their Names were taken and they were fixed upon Posts in divers parts in London and there was written over head These are Straffordians the Betrayers of their Countrey By this means it came to pass that the Lords and Judges were much affrighted and the most of his friends in the Lords House forsook him all the Popish Lords did absent themselves the Lords of Holland and Hartford were absent so was Bristol and others Savil and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected the Lords much affrighted which made the Citizens and the House of Commons shew their heads some have braved little less than to Unthrown His Majesty Who if He had but an ordinary Spirit might easily quash and suppress these people Our good Queen is much afflicted and in my
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
by the Lieutenants and Deputy-Lieutenants have been as they could have perswaded Christian Princes yea Worlds that the right of Empires had been to take away by strong Hands and they have endeavour'd as far as possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the Fruits of Justice but by Projectors who have extended the Prerogative of the King beyond the just Symetry which maketh a sweet harmony of the whole They have brought the Crown into greater want than ever by anticipating the Revenues and can the Shepherd be thus smitten and the Sheep not scattered They have introduced a Privy Council ravishing at once the Spheres of all antient Government imprisoning us without Bail or Bond They have taken from us what shall I say indeed what have they left us all means of supplying the King and ingratiating our selves with him taking up the root of all Propriety which if it be not seasonably set again into the ground by His Majesties own Hands we shall have instead of Beauty Baldness To the making of those whole I shall apply my self and propound a remedy to all these Diseases by one and the same thing have King and People been hurt and by the same must they be cured To vindicate which shall we propound new things No our antient vital Liberties by enforcing the antient Laws made by our Ancestors by setting forth such a Character of them as no Licentions Spirit shall dare to enter upon them will do the business and shall we think this is a Way to break a Parliament No our desires are Modest and Just I speak truly both for the interest of King and People if we enjoy not these it will be impossible for to releive him Therefore let us never fear they shall not be accepted by his goodness wherefore I shall shortly descend to my Motions consisting of four Parts two of which have relation to our Persons two to the propriety of Goods for our Persons First the Freedom of them from imployment abroad contrary to the antient Customs For our Goods that no Levies be made but by Parliaments Secondly No Billeting of Soldiers It is most necessary that these be resolved that the Subject may be secured in both Monday March 24. SEcretary Cook renewed the Motion of Supply for His Majesty yet so that Grievances be taken into Consideration We all think said he that both these goe hand in hand together but let me put you in mind of that which concerns the King let him have the Precedency of Honor if not of Time Let Heads of the Kings Supply be first propounded No King is more ready to hear the complaints of His Subjects and withal you know no King is more sensible of all reproaches which touch his Honor Would it not be fit to grant him this Honor to have the Precedency this will have good Aspect abroad it will prevent Divisions at home c. The first sower of Seeds of Distractions amonst us was an Agent from Spain Gundemore that did his Master great service here and at home since that we have other Ministers that have blown the fire the Ambassador of France who told his Master at home that he had wrought divisions here between King and People and he was rewarded Whilst we sate here in Parliament there was another intended Parliament within a mile of this place this was discovered by Letters sent to Rome and the place of their meeting is now changed I desire the meanest judgement will consider what may follow in giving precedency to His Majesty in so doing we shall put from our selves many Imputations This matter coming to no resolution this day Secretary Cook the next day tendred to the House certain Propositions from the King touching Supply viz. Wednesday March 26. 1628. THe Propositions tendred the day before by Secretary Cook from His Majesty were now Received and Read but the Debate thereof was referred to another day the Propositions were these viz. 1. To furnish with Men and Victuals Thirty Ships to guard the narrow Seas and along the Coasts 2. To set out 10 other Ships for the relief of the Town of Rochelle 3. To set out 10 other Ships for the preservation of the Elbe the Sound and Baltick Sea c. Wednesday April 2. 4. Car. 1. The business of Confinement came into Debate in the House of Commons whereupon Sir Francis Seymour spake to this effect That it is said the greatest Grievance is want of Supply but I hold it a greater Grievance that His Majesty is brought into these necessitys especially considering the Supplys that of late have been given to the King of two Subsidies in Parliament besides Privy Seals and that the late Loan whereby Five Subsidies were forcedly and unadvisedly taken that it is not then what the Subjects do give unless His Majesty do employ men of integrity and experience otherwise all that we give will be as cast into a bottomless Bag. Upon this occasion Sir Thomas Wentworth stood up and spake as followeth I Cannot forget that Duty I owe to my Countrey unless we be secured as to our Libertys we cannot give I speak not this to make diversions but to the end that giving I may give chearfully As for the Propositions made to induce us to give and to be considered of I incline to decline them and to look upon the State of our Countrey whether it be fit to give or no. Are we come to an end for our Countreys Libertys have we entrenched on the right of the Deputy-Lieutenants are we secured for time future Whereupon Mr. Selden speaking also upon this occasion of the Confinement of Sir Tho. Wentworth c. said THat though Confinement is different from Imprisonment yet it is against the Law that any should be Confined to his House or elsewhere I know not what you can call a punishment but here is some grounds of it or mention thereof in Acts of Parliament Books of Records but for this Confinement I find none Indeed Iews have been Confined in former times to certain places as here in London to the Iewry now called the Old Iewry c. Hereupon Sir Tho. Wentworth spake briefly as to Sir Peter Heymans enforced Imployment beyond Seas That if any man ows a man a displeasure and shall procure him to be put into Forreign employment it will be a matter of high Concern in the Effect We know the Honor and Justice of the King but we know not what his Ministers or the mediation of Ambassadors may do to hold their own wrath upon any man April 11. 4 Car. 1. MR. Secretary Cook moved for expediting of Subsidys and turning of the Votes into an Act saying We have Finally and Chearfully given the King Five Subsidies but no time is appointed and Subsidy without time is no Subsidy let us appoint a time To which Sir Dudly Diggs spake thus We
have said he freely concluded our Libertys we have offered Five Subsidys His Majesty hath given us Gracious Answers and nothing is done that the King can take notice of c. Hereupon Sir Tho. Wentworth proposed a middle way viz. That when we set down the time be sure the Subjects Libertys go hand in hand together with the Kings Supply then to resolve of the time but not to report it to the House till we have a ground and a Bill for our Liberties This is the way to come off fairly and prevent jealousies Hereupon the Committee of the whole House Resolved That Grievances and Supply goe hand in hand May 1. 4 Car. MR. Secretary Cook delivered a Message from His Majesty viz. To know whether the House would relye on His Royal Word or no Declared to them by the Lord Keeper which if they do the King assured them it should be Royally performed Sir Robert Phillips of Somersetshire spake upon this occasion and said That if the words of Kings strike impressions in the Hearts of Subjects to speak in a plain Language said he We are now come to the end of our journey and the well disposing of an Answer to this Message will give Happiness or Misery to this Kingdom Let us set the Common-wealth of England before the Eyes of His Majesty that we may justify to the world that we have demeaned our selves as dutiful Subjects to His Majesty Hereupon Sir Thomas Wentworth stood up and concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private than the present but we are ambitious that His Majestys goodness may remain to Posterity and we are accountable to publique Trust and therefore seeing there hath been a publique violation of the Laws by His Ministers nothing will satisfy him but a publique Mends and to our desire vindicate the Subjects Rights by Bill is no more than is laid down in former Laws with some modest provision for Restriction Performance and Execution and this so well agreed with the sense of the House that they made it the subject of a Message to be delivered by the Speaker to His Majesty Whilst the Lords afterwards were in Debate of the Petition of Right they were pleased at a Conference to propose to the Commons this following addition to the Petition of Right viz. 1. We present this our Humble Petition to Your Majesty with the care not only of preserving our own Liberties but with due regard to leave intire the Sovereign Power wherewith Your Majesty is trusted for the Protection Safety and Happiness of the People Upon this Sir Edward Cook spake saving This is Magnum in Parvo This is propounded to be a conclusion of our Petition it is a matter of great weight and to speak plainly it will overthrow all our Petition it trenches on all parts of it Look into the Petition of former times they never Petitioned wherein there was a saving of the Kings Sovereignty I know the Prerogative is part of the Law but Sovereign Power is no Parliamentary word c. Sir Thomas Wentworth spake next and said IF we do admit of this Addition we shall leave the Subjects worse than we found them and we shall have little thanks for our labour when we come home let us leave all Power to His Majesty to punish Malefactors but these Laws are not acquainted with Sovereign Power we desire no new thing nor do we offer to trench upon His Majestys Prerogative we may not recede from this Petition neither in part or in whole To add a saving is not safe doubtful words may beget an ill construction and the words are not only doubtful words but words unknown to us and never asked in one Act or Petition before 2. Now he began to be more generally taken notice of by all men and his Fame to spread abroad where publique Affairs and the Criticismes of the times were discoursed by the most refined Judgments those who were infected with popularity flattering themselves that he was inclined to support their inclination and would prove a Champion upon that account but such discourse as it endeared him to his Countrey so it begot to him an interest in the bosom of his Prince who having a discerning Judgment of Men quickly made his observation of Wentworth that he was a person framed for great affairs and fit to be near His Royal Person and Councils About this time in the heat of so general a report of him Sir Richard Weston then Lord High Treasurer after Earl of Portland a person also eminent for his acute and clear parts coveted acquaintance with this Gentleman and there not being wanting discreet Agents to accomplish what my Lord Treasurer desired it was soon effected After the first view a familiarity was begotten and next a deep friendship It happened that in some Conferences they touched upon the popular Humor as they termed it then appearing in the House of Commons and the present ways they were in as tending to no good he proposed the most rational and plausible mediations that could be for the present juncture of affairs in somuch that his judgment in things was much valued and followed In some time after he was made Baron Wentworth and had so gained His Majesties opinion that he was also created Viscount Wentworth of Wentworth-Woodhouse made one of His Majestys Privy Council Lord-Lieutenant of the County of York and Lord-President of the North In this Trust he Governed himself with such skill especially in those high contested points then in consultation that he pleased his Prince and improved His Majesties Revenue His frequent appearance at the Council-Board quickly gave occasion to that Great Prelate Archbishop Laud then Bishop of London and himself to discern one anothers parts begetting a right understanding betwixt them which grew into so inviolable a friendship that nothing but the inevitable stroke of death could separate them who whilst they lived constantly united their great Hearts and Understandings for the advancing the Church and the service of their Prince The Cedar was still growing though perhaps to the dislike of some Emulators yet to the general satisfaction of all such as had ability enough to judge of his Parts His next advance was to be Lord-Deputy and Chief Governor of Ireland The affairs of that Realm being in much disorder by the temper of the Popish party there who did not with moderation make use of the Kings Clemency to them in relaxation of the rigor of some penal Statutes He began with the Church in the Reformation of his Kingdom and first procured of the King by the joynt mediation of the Archbishop That all the Impropriations then in the Crown would be restored to the Church in that Nation though to some diminution of the Royal Revenue and advanced Learned men whose Judgments were for Episcopacy He raised in Ireland Eight Regiments for the Kings service each consisting of 1000 men in Ten
Companies besides Two more which he intended to be raised in the nearest part of Wales Before this Army already raised was dispersed into their several quarters all which were in the Province of Ulster near the Sea in sight of Scotland the Lord-Lieutenant returned into England by His Majesties Command where an Army-Royal was Levied in opposition to the Scotish design leaving an Honourable person Mr. Christopher Wandesford Master of the Rolls Lord-Deputy the Command of General of that Royal Army in England was given to the Earl of Northumberland then Lord-Admiral of England upon whose sickness the Earl of Strafford was made Lieutenant-General who having undertaken the Command of this Army signified by Letter from Dublin to the Archbishop Laud that he durst venture upon peril of his Head to drive the Scots out of England but that he did not hold it proper as the case then stood for him to advise that course but if any of the Lords would advise the King to try his fortune in Battle he doubted not of sending them home in more hast than they came but this severity and indiscretion of his against that Kingdom when things were ripe did much hasten his ruine and destruction as may be seen by the following Impeachment The Charge of the Scotish Commissioners against Thomas Earl of Strafford IN our Declarations we have joyned with Canterbury the Lord-Lieutenant of Ireland whose Malice hath set all his Wits and Power on work to devise and do mischief against our Kirk and Countrey No other cause of his malice can we conceive but First his Pride and Supercilious disdain of the Kirk of Scotland which in his opinion declared by his Speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly Our open opposition against the dangerous Innovation of Religion intended and very far promoted in all His Majesties Dominions of which he hath shewed himself in his own way no less zealous than Canterbury himself as may appear by advancing of his Chaplain Dr. Bramhal not only to the Bishoprick of Derry but also to be Vicar-General of Ireland a man prompted for exalting of Canterburian Popery and Arminianism that thus himself might have the power of both Swords against all that should maintain the Reformation by his bringing of Dr. Chappel a man of the same Spirit to the University of Dublin for poysoning the Fountains and corrupting the Seminarys of the Kirk Thirdly When the Primate of Ireland did press a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hangman all of that Confession although confirmed in former Parliaments When he found that the Reformation began in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our Cause The Pieces printed at Dublin viz. Examen conjurationis Scotianae the Ungirding of the Scotish Armor and the Pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of Calumnies Slanders Scurrilâ—ys against our Countrey and Reformation that the Jesuits in their greatest spite could not have said more yet not only the Authors were countenanced and rewarded by him but the Books must bear his Name as the great Patron both of the Work and Workman When the National Oath and Covenant warranted by our general Assemblies was approved by Parliament in the Articles subscribed in the Kings Name by His Majesties High Commissioner and by the Lords of the Privy-Council and commanded to be sworn by His Majesties Subjects of all ranks and particular and plenary information was given unto the Lieutenant by men of such quality as he ought to have believed of the Loyalty of our hearts to the King of the lawfulness of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his Craft and Cruelty his Fraud and Forces against us For first he did craftily call up to Dublin some of our Countreymen both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedy were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked invention to present unto him and his own wicked Council a Petition which he caused to be framed by the Bishop of Rapho and was seen and corrected by himself wherein they petitioned to have an Oath given them containing a formal renunciation of the Scotish Covenant and a deep assurance ne-never so much as to protest against any of His Majesties Commandments whatsoever No sooner was this Oath thus craftily contrived but in all hast it is sent to such places of the Kingdom where our Countreymen had residence and Men Women and all other persons above the years of Sixteen constrained either presently to take the Oath and thereby renounce their National Covenant as Seditious and Traiterous or with violence and cruelty to be haled to the Jail Fined above the value of their Estates and to be kept close prisoners and so far as we know some are yet kept in prison both Men and Women of good quality for not renouncing that Oath which they had taken 40 years since in the obedience to the King who then lived Besides a cruelty ensued which may paralel the pesecutions of the most unchristian time for weak Women dragged to the Bench to take the Oath dyed in the place both Mother and Child hundreds driven to hide themselves till in the darkness of the night they might escape by Sea into Scotland whether thousands of them did flye being forced to leave Corn Cattle Houses and all they possessed to be a prey to their persecuting enemies the Lieutenants Officers And some Indicted and Declared guilty of High Treason for no other guiltyness but for subscribing our National Oath which was not only impiety and injustice in it self and an utter undoing of His Majestys Subjects but was a weakening of the Scotch Plantation to the prejudice of that Kingdom and His Majesties Service and was a high scandal against the Kings Honor and intolerable abuse to His Majesties Trust and Authority His Majesties Commission which was procured by the Lieutenant bearing no other penalty than a certification of Noting the names of the refusers of the Oath But this his restless Rage and insatiable Cruelty against our Religion and Countrey could not rest here nor be kept within the bounds of Ireland but proceeded further so that by this means a Parliament is called and although by the Six Subsidies granted in Parliament not long before and by the base means which himself and his Officers did use as is contained in a late Remonstrance that Land was extreamly impoverished
any clear Law guilty of death that I never did bear any touch of Conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and Men as an act of so sinful frailty that it discovered more a fear of man than of God whose Name and Place on Earth no man is worthy to bear who will avoid inconveniencies of State by Acts of so high injustice as no publique convenience can expiate or compensate I see it a bad exchange to wound a mans own conscience thereby to salve State sores to calm the storms of popular discontents by stirring up a Tempest in a mans own bosom Nor hath Gods Justice failed in the event and sad consequences to shew the world the fallacy of that Maxim Better one man perish though unjustly than the people be displeased or destroyed For in all likelyhood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Straffords innoncency at least by denying to Sign that destructive Bill according to that justice which my Conscience suggested to me then I have done since I gratified some mens unthankful importunities with so cruel a favour and I have observed that those who counsell'd me to Sign that Bill have been so far from receiving the rewards of such ingratiatings with the people that no men have been harassed and crushed more than they he only hath been least vexed by them who counselled me not to consent against the Vote of my own Conscience I hope God hath forgiven me and them the sinful rashness of that business To which being in my Soul so fully conscious those Judgments God hath pleased to send upon me are so much the more welcome as a means I hope which his mercy hath sanctified so to me as to make me repent of that unjust Act for so it was to me and for the future to teach me that the best rule of policy is to preferr the doing of Justice before all enjoyments and the peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Straffords business Not that I resolved to have employed him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltlesness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Ld. of Straffords Greatness and Power yet unsatisfied of his Guilt in Law durst not condemn him to dye who for their integrity in their Votes were by posting their Names exposed to the popular Calumny Hatred and Fury which grew then so exorbitant in their clamors for Iustice That is to have both my Self and the Two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in shedding one mans Bloud unjustly though under the colour and formalities of Justice and pretences of avoiding publique mischiefs which may I hope be some Evidence before God and Man to all posterity that I am far from bearing justly the vast Load and Guilt of all that Blood which hath been shed in this unhappy War which some Men will needs charge upon me to ease their own Souls who am and ever shall be more afraid to take away any mans Life unjustly than to lose my own An ACT for Reversing the Earl of Strafford's Attainder WHereas Thomas late Earl of Strafford was impeached of High-Treason upon pretence of endeavouring to subvert the Fundamental Laws and called to a publique and solemn Arraignment and Tryal before the Peers in Parliament where he made a particular Defence to every Article objected against him insomuch that the turbulent party then seeing no hopes to effect their unjust Designs by any ordinary way and method of proceedings did at last resolve to attempt the Destruction and Attainder of the said Earl by an Art of Parliament to be therefore purposely made to condemn him upon accumulative Treason none of the pretended crimes being Treason apart and so could not be in the whole if they had been proved as they were not and also adjudged him guilty of Constructive Treason that is of Levying War against the King though it was only the Commanding an Order of the Council-Board in Ireland to be executed by a Sergeant at Arms and three or four Soldiers which was the constant practice of the Deputies there for a long time To the which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition than they expected they caused a multitude of tumultuous persons to come down to Westminster armed with Swords and Staves and to fill both the Palace-yards and all the approaches to both Houses of Parliament with Fury and Clamor and to require Justice speedy Justice against the Earl of Strafford and having by those and other undue practices obtained that Bill to pass the House of Commons they caused the Names of those resolute Gentlemen who in a Case of innocent Blood had freely discharged their Consciences being Fifty nine to be posted up in several places about the Citys of London and Westminster and stiled them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the People whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Peers where it having some time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested a gainst it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majestys
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
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
Parliament finding to the grief of our hearts that the Designs of the Priests and Jesuits and other Adherents to the See of Rome have of late been more boldly and frequently put in practise than formerly to the undermining and danger of the true Reformed Protestant Religion in His Majesties Dominions established And finding also that there hath been and having just cause to suspect there still are even during the Sitting in Parliament endeavours to subvert the Fundamental Laws of England and Ireland and to introduce the exercise of an Arbitrary and Tyrannical Government by most pernicious and wicked Counsels Practises Plots and Conspiracies and that the long intermission and unhappier breach of Parliaments hath occasioned many illegal Taxations whereby the Subjects have been prosecuted and grieved And that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of His Majesties Dominions Jealousies raised and fomented between the King and his people A Popish Army levied in Ireland and two Armies brought into the Bowels of this Kingdom to the hazard of His Majesties Royal Person the Consumption of the Revenue of the Crown and the Treasure of this Realm And lastly finding the great causes of jealousie that endeavours have been and are used to bring the English Army into a misunderstanding of this Parliament thereby to encline that Army by force to bring that Army to pass those wicked Counsels have therefore thought good to joyn our Selves in a Declaration of our united affections and Resolutions and to make this ensuing Protestation The Protestation I A. B. Doe in the presence of God Promise Vow and Protest to maintain and Defend as far as lawfully I may with my Life Power and Estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovation within this Realm contrary to the said Doctrine and according to the Duty of my Allegiance I will Maintain and Defend His Majesties Royal Person and Estate As also the Power and Priviledge of Parliaments the lawful Rights and Liberties of the Subjects And every Person that shall make this Protestation in whatsoever he shall do in the lawful pursuance of the same And to my power as far as lawfully I may I will oppose and by all good ways and means endeavour to bring to condigne punishment all such as shall by Force Practise Counsels Plots Conspiracies or otherwise do any thing to the contrary in this prsent Protestation contained And further That I shall in all Iust and Honourable ways endeavours to preserve the Union and Peace betwixt the Three Kingdoms of England Scotland and Ireland and neither for Hope Fear or any other Respects shall relinquish this Promise Vow and Protestation This Protestation was read by Mr. Mainard Here followeth the Names of the Members of the House of Commons who took the same May 3. 1640. viz. WIll Lenthal Esq Speak Edward Hide George L. Digby Lord Faulkland Sir Iohn Culpepper Iohn Selden Orlando Bridgeman Sir William Pennyman Sir Henry Herbert Sir Tho. Fanshaw Sir William Widdrington Sir Fredreick Cornwallis Robert Holborne Esq Tho. Chicheley Esq Sir George Wentworth William Mallory Esq Io. Bellasis Esq Sir Guy Palmes Edm. Waller Esq Sidney Godolphin Esq Sir Nich. Slany Sir Hen. Slingsby Tho Iermin Esq Sir Tho. Peyton Sir Philip Musgrave Sir Patricius Curwin Sir Iohn Stowel Sir Iohn Strangwayes Sir Iohn Paulet Sir Rich. Wynn. Tho. Tomkins Esq Arthur Capel Esq Iames L. Compton Sir Ralph Hopton Geofrey Palmer Esq Io. Vaughan Esq Edw. Montague Esq Geo. Montague Esq Will. Plydell Esq Sir Iohn Paulet Charles Price Esq Herbert Price Esq Sir Ralph Sidenham Fitzwilliam Cognisby Esq Baptist Noel Esq Sir Roger Palmer Iohn Coventry Esq Edw. Seymor Esq Sir Arthur Ingram Sir Tho. Ingram Sir Edw. Verney Sir Ralph Verney Eranics Newport Esq Ben. Weston Esq Lord Mansfield Sir William Carnaby Sir Nicholas Slaning Io. Craven Esq William Constantine Esq Sir Edw. Deering Sir Geo. Dalston Sir Tho. Bowyer Io. Hamden Esq Henry Pelham Esq Sir Tho. Widdrington Sir Henry Herbert Sir Edw. Bainton Iames Cambel Esq Sir Tho. Heale Sir Henry Anderson Sir Harbottle Grimston Sir Robert Pye Senior Ferd. L. Fairfax Sir Henry Mildmay Sir William Armyn Sir Roger North. Sir Walter Deaveraux Tho. Hatcher Esq Sir Chr. Yelverton William L. Russel Sir Philip Stapleton Sir Henry Cholmly Sir Iohn Hotham Iohn Pym Esq Sir Ben. Rudyard Herbert Esq Digby Esq Sir Gilbert Gerrard Lord Ruthen Sir Nevil Pool Denzil Hollis Esq Iohn Maynard Esq Sir Robert Harly Iohn Glyn Esq Sir Tho. Barrington William Stroud Esq Nathan Fines Esq Henry Martin Esq Iohn Bodvil Esq Sir Fran. Knoles Rich. Shettleworth Esq Iohn Moor Esq Sir Simon D'Ewes Sir Iohn Wray Sir Chr. Wray Sir Martin Lomly Herbert Morly Esq Tho. L. Grey Rog. Burgoine Esq Sir Edw. Hungerford Sir Iohn Curson Will. Perepoint Esq Iohn Marstal Esq Hugh Owen Esq Norton Knatchbold Esq Sir Ed. Hales Sir Ed. Master Iohn Cowcher Esq Sir William Strickland Sir Edw. Boys Sir Tho. Walsingham Sir Peter Wrath. Tho. Maleveror Esq Edw. Bainton Esq Oliver Cromwel Esq Sir Gilbert Pickering Will. Whittaker Esq Mich. Oldsworth Esq Sir Iohn Harrison Sir Hugh Cholmley Isaack Penington Esq George Peard Esq Sir Io. Howard Henry Vaughan Esq Ed. Kirton Esq Ed. Bagshaw Esq Sir Walter Smith Rich. Harding Esq Bulstred Whitlock Esq Will. Price Esq Henry Lucas Esq Gilbert Willington Esq Sir Tho. Huchinson Sir Will. Morly Sir Henry Bellingham Sir Iohn Frankland Sir Iohn Clotworthy Sir Edw. Munford Will. Kage Esq Iohn Northcot Esq Sir Tho. Middleton Sir Iohn Salisbury Sir Ro. Nappier Tho. Lower Esq Fran. Gerrard Esq Perigrin Pelham Esq Tho. Fountain Esq Hen. Vernon Esq Lord Lisle Ed. Dawx Esq Ro. Scowen Esq Sir Dudly North. Lawrance Whitaker Esq Sir Humphry Tufton Henry Heyman Esq Tho. Hiblethwait Esq Arthur Iones Esq Will. Bell Esq Io. Harvy Esq Io. Ash Esq Geo. Gallop Esq Io. Nash Esq Edw. Ash Esq Rich. Seaburn Esq Cornelius Holland Esq Edm. Dunch Esq Rich. Barwis Esq Humph. Hook Esq Ro. Trelawny Esq Rich. Weston Esq Iohn Goodwin Esq Nath. Stephen Esq Io. White Esq Sir Ed. Griffin Rich. Albrough Esq Dr. Sam. Turner Ral. Snead Esq Ed. Patridge Esq Sir Peter Temple Poynings Moore Esq Sir Will. Lewis Peter Venebles Esq Hen. Killagrew Esq Iohn Harris Esq Io. Moston Esq Peter Leigh Esq Dr. Tho. Eaden Will. Glanvil Esq Arthur Goodwin Esq Edw. Owner Esq Tho. Toll Esq Iohn Polwhil Esq Simon Thelwal Esq Oliv. St. Iohn Regis Sol. Sir Will. Allynson Io. Crew Rich. Catelin Esq Ro. Goodwy Esq Io. Blakeston Esq Sir Will. Brereton Miles Corbet Esq Phil. Smith Esq Sir Rich. Vivion Ravenscroft Esq Sir Tho. Middleton Rich. Kingsly Esq Ralph Ashton Esq Will. Fitzwilliams Esq Henry Bellasis Esq Sir Edw. Ascue Sir Edm. Fowel Sir Io. Price Rich. Boyle Lord Dungarven Edw. Pool Esq Roger Hill Esq Sir Io. Eveling Edw. Prideaux Esq Giles Green Esq Dennis Bond Esq Roger Mathews Esq Zouch