sayes these are all the words produced against him in the time of seven yeeres government there your Lordships have heard of many words and if we would trouble your Lordships further in this kind we could prove such words spoken as often almost as he remained dayes in Ireland that is for the mis-recitall The other part two witnesses proved but the residue That they must expect law from the King as a Conquerour That Acts of State should be equall to Acts of Parliament And when an Act of Parliament would not passe he would make it good by an Act of State these speeches at other times were proved by five witnesses Then he falls back to the second Article touching the words That the Kings little finger should be heavier then the loines of the Law My Lords these words were proved expresly by five witnesses to be by him spoken and if he had produced five hundred that had said he did not speak them they had not been equivalent to disprove five but he produces none Sir William Penniman repeats other words and inverts them and none but he Another party a Minister reports a report that hee heard concerning these words but my Lord saith he the occasion of the speaking of them was not mentioned Truly perhaps it might bee the forgetfulnesse of my Lords memory but let me put him in mind And your Lordships remember that the occasion was exprest by one and that is Sir David Fowles that he laying a command upon Sir David to repaire a bridge and calling him to account why it was not repaired Sir David Fowles told him he could not doe it by law And therefore omitting it my Lord said to him Sir some are all for Law and Lawyers but you shall know that the Kings little finger will be heavier then the loines of the Law Here is the occasion though he would have another businesse the knighting money to be the occasion From the second he falls to the three and twentieth Article that is concerning words That he should counsell his Majestie that he might use his Prerogative as he pleased but in saying there was no proofe offered hee here begins to fall upon the other fallacy that is to pull things asunder whereas we produce them together and would make that that is a faggot to be but a single stick but under favour when I come with your Lordships patience to open the force of the proofes and put them together he shall find contrary to his expectation that they are fully proved by the testimony of many witnesses upon consideration of the precedent concurrent and subsequent acts and intentions of my Lord of Strafford I shall not now run over my Lord Primates testimony or my Lord Conwayes or master Treasurers or my Lord of Bristols but make use of them in their proper places when I shall put all together to shew his design and to prove his speaking of the words Then hee comes to the five and twentieth Article which I shall not insist on though he pretends it not proved I shall referre that to my recollection that I may not answer to his pieces but bring all together and then the horrour of his fact shall more speciously appeare Onely this under favour I cannot passe over when he comes to justifie an advice and counsell of the Kings being loose and absolved from all rules of government and that he might use his Prerogative as hee pleases he is pleased to mention the argument of the Judges in the ship-money and what they should deliver he makes the warrant of his counsell Now your Lordships may observe he would justifie his actions by law in some cases where it is to his advantages but in other cases hee must be ignorant of the Law But my Lords for him to mention any thing in the Argument of the Judges concerning the ship-money which is now condemned and to make that a ground of his counsell and advice to the King and not the judgement in truth but the argument of the Councell at Barr that therefore he is loose and absolved from all rule of government for him to make the Parliaments deferring to give supply to be that necessity which was insisted upon in the Councells argument and to be such an unavoidable necessity as to beget an Invasion upon propriety and liberty it rests in your judgements and the judgements of all that heare me what argument this is and what he declares his opinion to be this day In the latter part let me close hands and agree with him he sayes Proofes must be taken by themselves they must not be judged by peeces but together and now in good time I shall joyne with him and shall desire the same judgement That things may not be taken asunder but judged together according to his owne words For the twentieth Article he is thereby charged with being an Incendiary between both Nations and an occasion of drawing two Armies into this kingdome and to incense the warre My Lords I remember if I did not mis-conceive and my memory misprompt me my Lord said he could have no occasion to incense a war being a man of estate and should have no benefit by it having sufficient to live without it but in due time I shall make it appeare to my apprehension and I beleeve to your Lordships when you have heard it that the incensing of this war and provoking of it was the principall instrument of bringing to passe his designe of subverting the Lawes through the whole work of it My Lords in the passage of this he takes occasion to speak of the testimony of master Secretary Vane who testifies that my Lord was for an offensive and himselfe for a defensive warre whence my Lord argues here is no great difference for both were for a warre but my Lords is there no difference betweene an offensive and defensive warre in case of subjects that live under one King is there no difference to bring an Army to offend them and for the King to raise a force to defend himselfe truly I think there is a great difference and a very materiall one too but your Lordships see hee makes no difference between them My Lords in the foure and twentieth Article he mentions that he is charged with being an occasion to breake the Parliament and layes hold of that as in the other Articles that it was not proved but declined My Lords when hee shall heare the repetition of the evidence though part of the Article was not particularly insisted upon yet I beleeve it will appeare to your Lordships and the world that he was the occasion of breaking the last Parliament and it is expresly proved by witnesses enow and though he sayes how should any body thinke him an occasion of it that did so often advise Parliaments yet I shall shew anon that when he did advise them it was to compasse his owne designe and plot without which his ends could not be brought to passe
Throne endeavours to corrupt the Kings goodnesse with wicked counsels but God be thanked he finds too much piety there to prevaile And therefore the next Article is that that charges him to be an Incendiary to the warre betwixt the two Kingdomes and now I shall be bold to unfold the mysterie and answer his objection To what purpose should he be an Incendiary were it not better to enjoy his estate in peace and quietnesse then have it under danger of a warre Now your Lordships shall have the Riddle discovered The first thing hee doth after his comming into England is to incense the King to a warre to involve two Nations of one faith and under one Soveraigne to imbrue their hands in each others blood and to draw Armies into the field That he was this Incendiary give me leave to revive your Lordships memories with the proofes which will make it plaine and first give me leave to note unto your Lordships that his Majestie with much wisedome did in July 1639. make a pacification with his subjects and even at the very heeles of this pacification when all things were at peace upon the tenth of September which was the next moneth but one your Lordships remember the sentence of Steward in the Star-chamber of Ireland for not taking the oath your Lordships may call to mind the language my L. of Strafford was pleased to use of the Scots when all was in quietnesse he then calls them no better then Traitours and Rebels if you will beleeve what the witnesse testifies whom my Lord is pleased to call a School-master And truly admit hee were so because he is a School-master therefore not to be beleeved is a non sequitur And another witnesse one Loftus speaks to the words though not in the same manner but I say the tenth of September when things were at peace and rest when the King was pleased to be reconciled to them by that pacification what boiled in his breast then to the breaking forth of such expressions I know not unlesse it were an intention to be an Incendiary My Lords I must say and affirme and he hath not proved it to the contrary that all this while I am confident there was not any breach of the pacification on either side and it lyes on his part to prove there was But the Parliament of Scotland then sitting and making preparation for their demands in pursuance of the Articles of pacification hee comming over into England in September immediately upon the pacification answers That he found things so distracted here that it was fit the Scots should be reduced by force if they could not be otherwise yet no breach appeares no war was denounced there was no intention of a warre But see what harboured in his breast all the while The fourth of December following my Lord Traquaire made his relation to the Councell of the Scots proceedings and all this while there was no Demands brought by the Scots themselves nor reason of their Demands brought by others though they were prepared yet you have heard his advice was for an offensive warre and that the Demands were a just cause of the war And though he pretends hee said no more then what the rest of the Lords of the Councell concurred with him in I will joyne in issue with him in that and if some of your Lordships be not satisfied you have many noble Lords among you from whom you may be satisfied that it is not so I am sure he proves it not It is true in the proposition of the Demands some of the Lords of the Councell did say that these Demands hypothetically if the Scots did not give satisfaction by their reasons were a just cause of warre but not any Lord of the Councell was of opinion that the very Demands positively without hearing of the reasons were a just cause of warre but himselfe and I beleeve the noble Lords of the Councell their Consciences can tell them and I beleeve will deliver it to the rest of the Peeres that I speake truth For the offensive warre he pretends a concurrence of the rest but it was disproved many were for it upon these termes if they did not give reasons and shew just cause for their Demands and many were against an offensive warre upon any terms and therefore herein he fixes that upon the Lords of the Councell that hee cannot make good All this while his intentions are discovered by a matter precedent but after the breach he discovers his anger further towards the Scottish Nation and makes it his designe to incense the King to this warre My Lords hee is not at an end yet for he confesses himselfe that hee advised the King to call a Parliament and now I come to his work of merit but it was to his destruction and serves to prove this Article directly for to what purpose was this Parliament called Exitus acta probat it was no sooner set but within three weekes a proposition is made for supply towards a warre against the Scots who was the cause of calling the Parliament himselfe and therefore who was the cause of this proposition but himselfe and so the calling of the Parliament is a concurring evidence of his being an Incendiary to put on the warre and it shall appeare anon absolutely that he was the occasion of it though he thinkes there be no proofe of it Did not he goe over into Ireland and by his solicitation there Subsidies were granted by the Parliament onely to maintaine this warre and to shew their ingagement in it and who was the occasion of drawing them on I referre to your Lordships judgements by the circumstances precedent Your Lordships heard his good opinion of the Scots when he began to discourse with the Citizens touching money and their affording of the King supply and seising the mint by giving them no better expressions than Rebels for saith he you are more forward to help the Rebels than to pay the King his owne I know not who hee meant but certainly the Scots were in his thoughts so that from the beginning he incensed the warre against them first hee exclaimed against them during time of peace He alledges in his answer that things were found in such distraction that it was fit the Scots should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Councell for an offensive warre and putting all together I referre it to your Lordships judgement who is the Incendiary for how can it be proved more cleerely unlesse it should appeare under his hand and seale proved by two or three witnesses Now my Lords how comes this to be his designe here the mystery comes to be unfolded Having thus incensed to the warre and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his owne creation as a means to draw on his designe and that was necessity necessity is it
of Strafford hath done appeare to have been harboured in his thoughts and settled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of government and might doe every thing that power would admit and his Majesties had tryed all wayes and was refused and should be acquitted of God and man and had an army in Ireland wherewith if hee pleased he might reduce this kingdome so there must be a triall of his people for supply that is denyed which must be interpreted a defection by refusall and this refusall must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shewes that this very thing that hapned did harbour in his thoughts long before the breach of the Parliament and the occasion of the Armie Your Lordships have heard it confessed by himselfe That before this last advice he had advised the calling of a Parliament to the Parliament a proposition of twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the supply was denied Now that this was predesigned by my L. of Strafford himselfe I beseech you observe these things following that is the words in the two and twentieth Article That his Majestie was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not hee would serve him any other way and this is before the Parliament set now if your Lordships heare the proofes of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this kingdome testifies my Lords saying That if the Parliament will not supply his Majestie the King was acquitted before God and Man if hee tooke some other course to supply himselfe though against the will of the Subjects I beseech your Lordships observe how he prophecies these things must come to passe and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply his Majestie the King was acquitted before God and Man if hee tooke another course to supply himselfe though it were against the will of the subject and he doubts not but the Parliament would give what twelve Subsidies and your Lordships very well remember twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this designe before hand in his thoughts Now the Parliament being broken before answer to the demand given he vents his counsell in the three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper money to be advised and now comes he to tell the King that the Aldermen of London must be put to fine and ransome and laid by the heeles and no good would be done till some of them bee hanged so you heare his advice I beseech your Lordships observe what successe this advice tooke foure Aldermen were instantly committed and then the Councell of the three and twentieth Article is fomented First he foments the warre then there is a necessitie the defection of the Parliament must set the King loose from rules of government and now see whether the occasion of the warre the calling of the Parliament the dissolving of it be not adequate to what he propounded to himselfe namely to set up an arbitrary government Your Lordships remember how fresh my Lord of Bristowes memorie is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristow instantly within three or fower dayes after That the King was not to be mastered by the frowardnesse of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords owne brother that knew much of his Councell and his words are That the English Nation would never be well till they were conquered over againe So my Lords put all together if he declared his owne intentions if actions in executing of this tyrannicall and arbitrary power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient evidence to prove an intention and desire to subvert the Law I know not what can prove such an Interpretation and now I referre it to your Lordships judgements whether here be not a good proofe of the Article laid to his charge My Lord in the seven and twentieth Article hee is charged with levying of warre upon the Kings people by forcing them in Yorkshire to pay money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musketeers fower together in the towne and one by one out of the towne did compell them to pay the fortnights contribution else they were to serve in person That hee did this by warrant is likewise confessed by Sir William Penyman and whether this were an authoritie derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sr. William Penyman himselfe being examined alledged that the warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before hand as is proved by two witnesses Sir William Ingram and Mr. Cholmeley that this money should be paid or levied on the subjects goods Then his declaration to Sir William Penyman in pursuance of which he made his warrant That it was the assent of the Lords of the great Councell that this money should be levied and taking all together whether it fixes it not upon him to be the authour and instrument it rests in your judgements in point of fact and so I suppose the seven and twentieth Article rests on him and so I shall conclude the evidence produced on the behalfe of the Commons And now give me leave to put your Lordships in mind of some evidences offered by my Lord of Strafford himselfe in his answer and in the passages of his defence for his clearing and
Master Glyns REPLY TO THE EARLE OF STRAFFORDS DEFENCE OF The severall Articles objected against him by the House of COMMONS Published by speciall direction out of an authentick Copy LONDON Printed for Lawrence Chapman Anno 1641. Master GLYNS Reply to the Earle of STRAFFORDS Defence My Lord of Strafford having concluded the recapitulation of his evidence Mr. Glyn applied himselfe to their Lordships in manner following MAy it please your Lordships my Lord of Strafford as your Lordships have observed hath spent a great deale of time in his evidence and in his course of answering hath inverted the order of the Articles He hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good answer if in any wee shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his answer as hee is subtill in his practice The Committee withdrawing for about the space of halfe an houre and then returning to the Barre Mr. Glyn proceeded as followeth My Lords your Lordships have observed how the Earle of Strafford hath been accused by the Commons of England of high Treason for a purpose and designe to subvert the fundamentall Lawes of both the kingdomes of England and Ireland and to introduce an Arbitrary and Tyrannicall government The Commons have exhibited Articles in maintenance of that charge My Lord of Strafford hath thereunto answered in writing The Commons have proceeded to make good their charge by proofe and thereunto my Lord of Strafford hath made his defence and this day my Lord of Strafford hath taken upon him to recollect his evidence and make his observation upon it the most he could to his advantage My Lords wee that are intrusted for the house of Commons stand here to recollect the evidence on our part and to apply it to the generall charge and how farre it conduces thereunto My Lord of Strafford in recollecting the evidence of his defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofes produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my selfe And first in generall it will appeare to your Lordships looking upon your notes and observing his recollection that he hath used the repetition of evidence on both sides in such manner as you know who useth Scripture that is to cite as much as makes for his purpose leave out the rest And likewise that in repetition of the evidence he hatâ— mis-recited plainly very much of the proofs on both sides likewise hath pretended some proofes to be for his defence which indeed were not and hee hath taken this farther advantage when it makes for his defence he hath disjoynted the proofes and testimonies and severed them asunder that it might appeare to your Lordships like raine falling in drops which considered in distinct drops bring no horrour or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the face of the earth He would not have your Lordships look on those Testimonies together but distinctly and asunder wch being put together look horrid as will appeare to your Lo. when you duly consider of them These bee the generall observations which in my Answer I doubt not but to make good But before I shall enter into observations of what hee hath spoken I shall answer in generall to some things which hee hath in generall alledged In the first place hee hath made a flourish this day and severall other dayes in the way of his defence That if hee could have had longer time hee could have made things appeare clearer and have produced more proofes Give mee leave to informe your Lordships that he is no way straightned of time for he hath bin charged above three months since he knew what was laid to his charge and therefore his pretence of want of time and of his disabilities to make better proofes are but flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though hee fetched it from Ireland there is not one wanting he hath copies of papers from the Councell Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that flourish that if he had had time he could have made it more cleare My Lords he hath mentioned often this day and oftner the dayes before that many of the Articles laid to his charge are proved but by one witnesse and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for high Treason without two witnesses My Lords this is a fallacy knowne to his own breast I doubt not and not taught him by any of his Councell or others learned The Treason laid to his charge is the subverting of the Lawes the evidence is the Articles proved and though some one Article appeares to be proved but by one yet put the evidence together you shall never find it to bee within the words or meaning of the Statute for the charge is proved by a hundred witnesses and because one part of the evidence is proved onely by one witnesse since when you put them together you will find a hundred witnesses it is not within the words nor meaning of the Statute neither will his Councell direct him to say so I am confident My Lords another observation I shall be bold to make is that hee was pleased to cast an aspersion as we must apprehend upon them that be trusted by the house of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved Hee might have pleased to have spared that language we stand here to justifie our selves that we doe not use to expresse any language but what our hearts and consciences tels us is true and howsoever he is pleased to cast it upon us I am confident I shall invert it upon himselfe and make it appeare that hee hath bin this day guilty in the highest degree of what he most unjustly layeth to our charge And now my Lords to enter upon the particulars hee hath beene pleased to make it his generall Theame to day though hee hath not spoke much to day but what he hath spoken formerly that these particulars considered by themselves make not a Treason and therefore put together he wonders how they should make a Treason Several misdemeanours can never make a murther and severall murders can never make a Treason and he wonders it should be otherwise in this case My Lords he did instance it if my memory failes me not in
a case of Felony That if a bloudy knife should bee produced in the hand of the party suspected to have slaine the man if the party had bin there seen before the death it were a strong evidence but there must bee death in the case the fact must be committed else there can be no murther but he himselfe might answer himselfe for there is a great difference There cannot be murther but there must be death but hee knowes very well there may be Treason and yet no death it is too late to forbeare questioning Treason for killing the King till the King be killed God forbid wee should stay in that case for the very intention is the Treason and it is the intention of the death of the Law that is in question and it had beene too late to call him to question to answer with his life for the death of the Law if the Law had been killed for there had been no Law then and how should the Law then have adjudged it Treason when the same were subverted and destroyed and therefore he is much mistaken The greatest Traytor in the memory of any that sits here to heare me this day had a better a fairer excuse in this particular then my Lord of Strafford and that is Guido Faux for hee might have objected that the taking of the Cellar the laying of the Powder under the Parliament House the kindling of the match and putting it neare are not so much as a misdemeanor if you look no further for it was no offence in him to lay Barrels under the Parliament House and to kindle the match and to lay it neere but collect all together that it was eâ intentione to blow up the King and the State there is the Treason but God be blessed it was not effected So that the rule is the same Nay my Lord of Strafford hath not so much to say when he is charged with a purpose and intention to subvert the Law for to that purpose gave he trayterous counsels and executed actions thereby discovering his intentions to destroy the Kingdome and to destroy the Kings claime by Law and discent It is true they were not put in execution but they declared his intentions therefore this gives an answer to his first flourish which is not so great an Argument as the greatest Traytor might use for himself and yet it proved Treason in him My Lords he hath been pleased to divide his Treasons into two parts and his division I allow of that is Treason by Statute-Law as he tearmes it though it be Treason by the Common-Law and constructive Treason And upon that method hee hath recited the evidence produced on either part Give mee leave to follow and trace him a little and afterwards to discharge my duty in taking my owne course and representing the evidence as it appeares truly and I will avoid as much as I can to fall into my Lord of Straffords errour in mis-reciting a Particle if I doe it shall be against my will He begins with the fifteenth Article and pretends that that is not proved the ground and foundation of that Article was a warrant issued out by himselfe to a Sergeant at Armes one Savill which gave directions and power to that Serjeant to lay souldiers on any person that should contemne the Processe of the Councell boord in Ireland that was the effect Now sayes he this warrant is not produced and addes that the Judges will tell your Lordships that if a man bee charged with any thing under hand and seale the deed must be produced and proved or else no credit is to bee given to it Truely my Lords it is true if it had beene a Bond or a Deed where those that seale it use to call their neighbours to testifie and be witnesses to it perhaps it might be a colourable answer that because we do not produce the Deed and prove it by witnesses you can therefore give no credit to it But my Lords in case of authority to commit high treason I suppose my Lord of Strafford nor any other did call witnesses to prove the signing sealing and delivering of the warrant for execution of high treason and therefore it is a new way and invention found out by his Lordship for ought I see to commit high treason and to give authority for it and it is but taking away the originall warrant and hee shall never be touched for any treason But I beseech your Lordships patience till I come to open that Article and your Lordships will finde the warrant though it be not produced proved by three or foure witnesses and his hand seale proved too And wheras he pretends the Sergeant at Armes is no competent witnesse because he excuses himselfe my Lord mistakes himselfe for I take it to bee no excuse to prove a warrant from any person whatsoever if it be to commit high treason and therefore Savills testimony is the more strong being so farre from excusing that hee doth accuse himselfe And though he is charged with laying of souldiers upon the Kings people contrary to an expresse Act of Parliament made in 18. H. 6. yet my Lord is pleased I know not how to terme it whether it be merrily or otherwise to use his Rhetorick Here is a great levying of war when there is not above foure Musketiers or six at most laid upon any one man My Lords it is a plain levying of warre and without all question and in all sense it is as much mischievous to me to be surprized by foure or six Musketiers to enforce me to any thing they would have as if there were an Army of forty thousand brought upon me for if that strength will but over master me it is all one to me whether I be mastered by foure or by foure thousand And therefore let not this be a rule that to send foure or six or ten Musketiers up and downe is not considerable because of the smalnesse of the number the danger is the same yet this is no levying of warre because they goe not in troops of greater number as it pleases my Lord of Strafford to affirm My Lords your Lordships remember what the effect of the Warrant is sworn to be that howsoever the Sergeant at Armes and his Ministers that executed it brought but foure or six or ten yet the Sergeant might have brought all the Army of Ireland for there was authority so to doe And admitting the matter of fact proved he mentions an Act of Parliament made 11. Eliz. whereby a penalty is laid upon men that shall lay souldiers on the Kings subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords the very casting of an eye upon that Act shewes it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the command of an Army in Ireland and therefore I may turne
them upon the bowels of the Kings subjects It is no more in effect Your Lordships have heard him the other day mentioning two Acts of Repeale and I expected he would have insisted upon them but it seemes he hath beene better advised and thinks them not worthy repetition nor indeed are they And if the matter of fact be proved upon the fifteenth Article I am confident he will find the Statute of 18. H. 6. to be of full force My Lords I am very sorry to heare that when levying of warre upon the Kings subjects is in agitation and he charged with high Treason he should make mention of the Yorkshire men and the army now on foot whereby he would insinuate that if he be charged with high Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill bloud for ought I know From the fifteenth Article he descends to the three and twentieth and that is the Article whereby he stands charged with speaking of words and giving of councell to his Majestie to incense him against his Parliament pretending a necessity and telling him he is loose and absolved from all rules of government that he had an Army in Ireland which he might make use of to reduce this kingdome In this he is pleased to begin with the testimony of my Lord Ranelagh conceiving an apprehension and feare in him that the Army should goe over to England which my Lord sayes is no more but his saying and master Treasurer Vane's I pray God my Lord Ranelagh had not much cause to feare but by the same rule he may lay a charge of unwarrantable feare upon all the Commons for sure the Commons of England did feare it else they would not make an Article of it But my Lord Ranelagh's feare did not arise from a slight cause and he shewed himselfe a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shewes to three or foure Articles what he could have proved as to the Article concerning the Army he could have proved the designe of it by Sir John Burlacy and some others if they had beene here But by this rule and liberty hee hath taken to alledge what he could have showne give me leave to tell you what we might have showne and are ready to shew We could have made it expresse and proved it by notes taken by Secretary Vane the fifth of May when the words were spoken which notes should have beene proved if we had proceeded on the three and twentieth Article to corroborate the testimony of Mr. Secretary Vane and that by two witnesses Wee could likewise have showne how we came to the knowledge of it it being by means unknowne to master Secretary Vane and have made him an upright Councellour and witnesse but we shall prove his intentions to bring in the Irish Army another way when I come to open my owne course and method My Lords hee pretends these words were spoken the fift of May but when they were testified by master Treasurer he did not speak of the fifth of May and yet now my Lord remembers the day and I wonder how hee came to the knowledge of the day unlesse he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a moneth after This my Lords is plainly answered and if he had thought of his owne answer he had answered himselfe for he tels you that in April before he had taken a course for the levying of the Army he had nominated the officers giving direction for raising it And the day of the Rendezvous of the Army was appointed the 18. of May And so in his owne answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the seven and twentieth Article whereby he stands charged with levying money by force upon the Kings people in Yorkshire he is pleased to observe that all the proofes for the maintenance of that Article is onely the levying of money with foure souldiers by Sergeant Major Yaworth Where he is pleased to disdaine the war because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the warrrant was not from him I shall reserve that till I come to the Article and when I come to the proofes I beleeve it will remain fixed upon him And there he left his Statute Treason and now he fals to the second kind of Treason and that was the introductive or constructive Treason He begins with the third Article that is concerning some words that he should be charged to have spoken in Ireland I shal desire that your Lordships would be pleased to look upon your notes how he answers that Article My Lords sayes he I am charged to say that Ireland was a conquered Nation and that their Charters were nothing worth and bind the King no further then he pleaseth therefore I am a Traitor because I speak the truth There was his answer in his collection And for their Charters he sayes he might might very well say so for he intended it no otherwise but according to the validity of them for they were severall wayes questionable and ought not to bind unlesse they were good in law But if you look upon his Arguments he hath like a cunning Oratour omitted the principall part of the Article and that is that Ireland is a conquered Nation and they were to be governed as the King pleaseth the King might doe with them what he lists this hee omits although they be proved by three witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the rest like your Lordships know whom Then he descends to the fourth Article and this concerns some words he should speak upon an occasion betwixt him and my Lord of Cork that he should tell my Lord of Cork he would have neither Law nor Lawyers dispute or question his orders And upon another occasion that he would make my Lord of Cork and all Ireland know that all Acts of State which are Acts of Councel there made or to be made should be as binding as any Act of Parliament This he said was proved but by one witnesse and I extremely marvell to heare him say so for the latter words wee proved by foure or five or six witnesses that is that he would have Acts of State as binding as Acts of Parliament Whereas he
himselfe now confesses to be against law he should justifie it under the Kings authority that savours not of a good servant I will say no more My Lords he is charged with exercising of a tyrannicall power over the Kings people and in his defence your Lordshâ—ps have often heard and I may not omit it that he shelters himself under the protection of the Kings Prerogative though he be charged with tyranny of the highest nature that may be see then how foule and malignant an aspect this hath My Lords what is it else but to endeavour as much as in him lies to infuse into the Kings heart an apprehension that his Prerogative is so bottomlesse a gulfe so unlimited a power as is not to be comprehended within the rules of law or within the bounds of government for else why should he mention the Prerogative when he is charged to exceed the law What is it else but as farre as in him lyes to make the people beleeve for I may not forget the words hee hath used by his magnifying of the Prerogative that it hath a speciall stamp of Divinity on it and that the other part of the government that God pleases to put into the Kings hands had not that stamp upon it as if anything done by one was to be justified by authority derived from heaven but the other not These expressions your Lordships remember and I may not omit to put your Lordships in mind of them and I can expound them no otherwise then as much as in him lies to make the subject beleeve and apprehend that which is the buckler and defence of his protection to be the two edged sword of his destruction according to the doctrine he preached and that that which is the Sanctuary of their liberty is the snare and engine of their slavery And thus he hath cast a bone of contention as much as in him lay betwixt King and people to make the subjects loath that glorious flower of his Crowne by fixing a jealousie in them that it may bee a meanes of their bondage and slavery But there is so much piety and goodnesse in the Kings heart that I hope upon faire understanding there will be no such occasion but no thankes to the party that so much advaâ—â—ed the prerogative in the case and condition he stands in to justifie that which is laid to his charge of high treason My Lords I beseech you give me leave there is no greater safety to Kings and people then to have the throne incircled with good Counsellers and no greater danger to both then to have it encompassed with wicked and dangerous ones and yet I beseech you call to mind how hee hath attempted to deprive the subject of all meanes to discover this danger by insinuating to your Lordships what a dangerous thing it were if Counsellers should be called in question for giving of counsell for who then saith he would be a Counseller where is your safeguard where is the Kings service Is not this as much as in him lies to deprive the people of the means whereby they must make themselves happy and whereby the King must be happy that is by his having good Councellours about him and yet he infuses that venome that the questioning of Counsellours is dangerous both to King and Peeres if it should be brought into example My Lords for many yeeres by past your Lordships know an evill spirit hath moved amongst us which in truth hath been made the author and ground of all our distractions and that is necessity and danger this was the bulwarke and the battery that serves to defend all exorbitant actions the ground and foundation of that great invasion of our liberties and estates the judgement in the ship money and the ground of the counsell given of late to doe any thing and to perswade the King that he was absolved from all rules of government and yet your Lordships have observed in the course of his defence how often he hath raised this spirit that God be thanked hath beene laid to the great comfort of King and Kingdome by your Lordships and all the Commons in Parliament And when he stands under this question and goes about to justifie his exorbitant actions how often hath he created this Idol againe and therefore I am affraid he discovers too much his owne heart in it My Lor I may not omit some other passages in his defence how he hath cast scandalls upon three Nations in this place that is in his first day of defence when the Irish Remonstrance made by all the Commons of Ireland was produced by the Commons of England he expressed in a passion that things were carried against him by faction and correspondence and if hee had time he would make it appeare with a strong conspiracy Here is a scandall cast upon the Parliament of Ireland with a reflection on the Commons of England howsoever it is true your Lordships may remember the recantation he made that day which I will not omit desiring not to lay any thing to his charge but what is true but it is the reflection of a scandall that I cannot omit to put your Lordships in mind of and the rather because this Remonstrance presented from the Parliament of Ireland did beare date before my Lord of Strafford was charged here which is very remarkable viz. the seventh of November and therefore though he pretends a correspondence certainly there could be none then for he is not charged here til the tenth And the same day justifying a sentence in the Castle Chamber your Lordships remember he affirmed that unlesse a strict hand were kept upon the Nation there they would find it hard to prevent perjury one of the most crying sinnes in Ireland Now to lay an aspersion upon the subjects of Ireland being under the government of the same King with us how fit this is to be done by a man in that condition that my Lord of Strafford is I referre to your consideration Another passage I remember whereby in his defence he fell upon that Nation in answer of which I may not omit to do the service I owe to the Commons for whom I am trusted and that is that talking of an arbitrary and tyrannicall government in reference to some Orders of the Commons House in Ireland hee used words to this purpose You talk of an Arbitrary government looke upon these Orders here is an Arbitrary government and yet when he produced the Orders they appeared to have so much justice and discretion in them that he can lay nothing to the charge of them though in a passion he is not backward to asperse them My Lords if this Lyon to use his own language now that hee is chained and muzzled under the restraint and question of high Treason will here take the boldnesse to vent this language and expresse this malignity how would he doe if he were unchained how would he devoure how would he destroy c. My Lords something concernes your Lordships your Lordships remember that hee was not backward in his owne answer to fix a charge of high Treason upon the Lords of the great Councell and howsoever hee hath affirmed this day I must open it againe that the charge of the seven and twentieth Article he fixes in his answer to be by consent of the Lords of the great Councell though he hath since recanted it and yet you have heard him alledge that he will stand and fall by the truth of his answer My Lords I am now at an end You have my Lord of Strafford here questioned for high Treason for going about to subvert the fundamentall lawes of both Kingdomes in defence whereof your noble Ancestors spent their lives and bloods My Lords you are the sonnes of those fathers and the same blood runs in your veines that did in theirs and I am confident you will not think him fit to live that goes about to destroy that which protects your lives and preserves your estates and liberties My Lords you have the complaints of three kingdomes presented before you against this great person whereby you Lordships perceive that a great storme of distemper and distraction hath been raised that threatens the ruine and distraction of them all The Commons with much paines and diligence and to their great expence have discoved the Jonas that is the occasion of this tempest They have still and will discharge their Consciences as much as in them lyes to cast him out of the Ship and allay this Tempest They expect and are confident your Lordships will perfect the worke and that with expedition lest with the continuance of the storme both Ship and Tackling and Mariners both Church and Common-wealth bee ruined and destroyed The danger and horrour of this storme your Lordships shall heare by the Gentleman that is next to speake FINIS