the Laws Thirdly It is very considerable that the Lord Strafford is not charged to have subverted but only to have intended to subvert the fundamental Laws and this I conceive if there were no more might keep him free from that Statute of the twenty fifth of Edward the third For although as touching the King his Queen and Children intention is Treasonable yet in all other things there mentioned there must be action beside intention for it is not said if a man do intend to kill a Chancellor it shall be Treason but only if he do kill him and if he doth actually counterfeit the Broad Seal And although a man should prepare a Furnace make ready his Stamp melt his Bullion yet if he gives not the King's impression upon the Coyn all his intentions yea his preparations will not serve to make up a Treason And this under favour may serve to answer the Case of Guido Faux lately objected unless it be alleaged that the Lord Strafford had as reall an intention against the King's Life as Faux had For though the intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immense and vast a difference both is and ought to be betwixt a project against the Royal Blood and all things else of a lower and under Nature You see therefore my Lords that the body of the Statute cannot stick against the Lord Strafford neither in Letter nor in consequence this is not that must not be all that can be said is that his Fact may be Treason by the Common Law For my part I profess my ignorance who ever thought the Common Law might declare but never make a Treason that is it might be presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common Law or by Parliament are but two different ways of Proceedings and must both resolve into one Principle yea which comes home to the point in the one and twentieth of Edward the third To kill a man imployed in the King's War was Treason and the twenty third To kill the King's Messenger was Treason by Declaration of the Common Law but always by reason of the Statute yet none of these are now Treasons but Felonies only by reason of the intervening Statute the twenty fifth of Edward the third such hath ever been thought the force of its Letter and Declaration And so I will leave it and speak a word or two of the Salvo which is this That because all particulars could not be then defined therefore what the Parliament should declare to be Treasonable in time to come should be punished as a Treason And according to this Reservation in the eighth year of Richard the second one who was charged before the King's Bench was afterwards referred to the Parliament and there though the Fact was not contained in the body of the Statute yet because of the Proviso afore-mentioned it was adjudged Treason In the eleventh year of the same King the Duke of Ireland and Nevil Arch-Bishop of York were impeached of High-Treason by Gloâ—cester Arundel and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the one and twentieth of the same Richard the second the Tidâ—-turned and the King had such a hand with the Parliament that the Sentence was recalled and those three Noble-men themselves adjudged Traytors Again in the first of Henry the fourth his Successor that Revocation of the one and twentieth of Richard the second was repealed and the Sentence of the eleventh of his Reign established such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was That in the same Parliament the first of Henry the fourth a Petition was preferred by the Nobility to have Treason limitted with some Statute Because they knew not what to speak or what to do for fear thereof and in the tenth Chapter an Act was made upon this Petition that the Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was litterally contained in the Statute of the twenty fifth of Edward the third and therefore it is said in the Records That there was great joy at the making of this Act in that the drawn Sword hanging over every man's head by this slender Thred of a consequence or illation was moved by that Act. Add to this that in the first of Queen Mary the first Chapter the same is repeated That no man shall be punished in Life or Estate as a Traytor but for the Crime contained in the Statute 25 Ed. 3. without the least mention of a pretended Salvo The Earl of Northumberland's Case comes nigh to the Point he was charged with Treason the fifth of Henry the fourth and if the Statute of the first of Henry the fourth the first Chapter whereby this Proviso is Repealed had not intervened no doubt he had been condemned of Treason but he was only convict of Felony and that because he could not be drawn within the Letter of the Statute of the twenty fifth of Edward the third and I dare confidently say it that since that Act was made the first of Henry the fourth the first Chapter whereby the Proviso is Repealed no man hath ever been declared a Traytor either by King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I do offer to your Lordships considerations That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fifth of Edward the third and that the Salvo contained in the same stands Repealed almost two hundred years ago and this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact Then the Recorder spake some few Words to this purpose That what was spoken upon the Statute was because it seemed inseparable from the matter of Fact that they could proceed no farther 'till a State were afforded them that to do otherwise they conceived might be very prejudicial unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fix the Arguments otherwise he could conceive no possible way of proceeding and therefore in the Lord Strafford's Name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in the Law were unnecessary but whether done or not done
impossible to escape the many and great accusation laid to his Charge Others and that the greater number too are of oppinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compass of Treason quod tam misere cupio ut non credam his adverse party is so great and so far interested both in point of safety and Honour against him that Flectere si nequeunt superos c. Nothing will be left unassayed that may accelerate his Ruin He hath all this time carried himself couragiously to the admiration and with all so moderately that it is to the great satisfaction of his very Enemies so that he seems neither dejected with fear nor to affect boldness with confidence but to carry himself with that constancy and resolution which his Innocency and brave parts do promise The Irish Commissioners here have hitherto abstained from giving in any Remonstrance against the Lieutenant and do still plead to have an immediate dependance from the King and not from the Parliament of England There was a Report that the Parliament of Ireland had sent a Protestation against the Act made the last year for the Kings Supply in his Expedition against the Scots as a thing which was violently in part and in part surreptitiously obtained from them but I have learned this to be an untruth I had almost forgotten one passage of Mr. Pym who in the aggravation of the Lieutenants faults had this Expression That he was like the Whore in the Proverbs He wiped his mouth and with a brazen face said he had done no evil To this the Noble Lord replied That he wished his Innocence might not be taken for Impudence That he hoped shortly to clear himself of all those foul Aspersions which his malicious Enemies had cast upon him and he was very confident that he should give the Honourable Houses full satisfaction concerning his Life hitherto and thought of nothing more hereafter than to retire himself from all publick Employments Mr. Pym gave at this a great shout and desired the House to take notice what an injury he had done to the Honourable House of Commons in calling them his Malicious Enemies Whereupon the Lieutenant falling down upon his Knees humbly besought them that they would not mistake him and withal gave a large Panegyrick of their most just and moderate proceedings protesting that if he himself had been one of the House of Commons as he had the Honour once to be he would not have advised them to have done otherwise against his dearest Friend but withal told them that he might justly say he had his own un-friends which he hoped in time to make known nor did he all this time speak one bitter word against Mr. Pim though justly incensed which hath infinitely advanced his Reputation I have been a daily hearer of these Proceedings against this great Personage now upon the Stage therefore do presume I can give a reasonable account thereof The Book of his Charge is extant in Print so it shall be needful for me only to name the Articles as they were canvassed and those designed by the House of Commons to be his Accusers which were these that follow The Names of his Accusers Pym Glin Maynard Whitlock Lord Digby St. Johns Palmers Sr. Walter Earles Stroud Seilden Hamden c One of these began the Speech the rest after their Colleague hath done follow in their turn so that he hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Mr. Glyn after a large Flourish on Wednesday told the Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article such a monstrous Crime could not be deprehended yet when all was conceived in the Mass and under one view he should be undoubtedly found the most wicked and exorbitant Traytor that ever was Arraigned at that Barr. He added That his Charge was for intending to subvert and change the Fundamental Laws Liberties and Priviledges of both the Kingdoms and to introduce an Arbitrary and Tyrannical Form of Government This he said could not appear but by the Fruits which were either in Expression or Action The Expressions were four First That before several Witnesses he had said at York That the King 's little Finger should beheavier to them than the Loyns of the Law To this the Lieutenant replied That having spoken sufficiently before to his Justification in general he would moreover add these few Words by their Favours That it strike him to the heart to be attached of such a wicked Crime by such Honourable Persons yea that it wounded him deeper in regard that such Persons who were the companions of his youth and with whom he had spent the best of his dayes should now rise up in judgment against him yet he thanked God for it it was not Guilt but Grief that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such Infirmity of Body and such Anguish of Mind to collect his Thoughts and say any thing at all for himself But the Almighty God who knows him to be innocent had furnished him with some abilities to give Testimony to the Truth and to a good Conscience He therefore intreated that iâ— either in Judgment or in Memory he should at any time fail it might be imputed to his great Weakness And although the Gentlemen his Accusers should seem more ready in their Accusations than himself in his defence yet that might not prejudice his Cause who in very unequal terms had to do with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorick he doubted not might present many things to their view in a Mutiplying Glass He told them farther that for these many years he had been weary of publick service and that now it was his resolution after he had vindicated his Honour to retire himself and enjoy his much longed for privacy And yet he could not but tell them so much that it had been his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe Fruit fallen from the Tree than to be violently pulled from thence as a fruitless and unprofitable withered Branch To the Charge of Treason he said that under favour he conceived that although all the Articles contained in his impeachment were verified against him yet they would not all amount to Treason neither simple not accumulative For said he I do not understand by what Interpretation of Law the diversion of Justice can be called a Subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed that his words were cleerly inverted for that his expression was That the little finger of the Law if not supported by the Regal
upon him and by withdrawing so great Sums of Money from the Crown had weakned the King prejudiced the Subject of the Protection they were to expect from him and had been the cause that the extraordinary way of Impost and Monopolies had been undertaken for supplying of the Royal Necessity And that this Act therefore ought to be enough to make the Charge and Impeachment of High Treason laid against him The Lieutenants Reply was That he conceived he had given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would he spend time in vain Repetitions for the present Article though in all its parts it were granted to be true yet he could not perceive by what Interpretation of Law it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanor Oppression or Felony he made no doubt but he should be very able to clear himself abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions he was content to step so far out of the way as to give Answer First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchess of Buckingham or whether she had obtained a more eaâ—ie condition than the Duke her Husbands especially seeing that same was granted some years before his coming to that Government yet thus much he could say that the Dutchess had paid thirty thousand pound fine and therefore no marvail her yearly Rent was the less Secondly For the Book of Rates wherein the chief matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 three years before his going into Ireland and therefore it was exceeding strange in his apprehension now that could rise up in judgment against him Thirdly That he had his interest in the Customs by Assignation of a Lease from the Dutchess which was given her before his Government nor did he ever hear it alledged as a Crime of Treason for a man to make a good Bargain for himself Fourthly That not of his own accord but at the Kings special Command he had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customs might be improved for the Benefit of the Crown and the true value thereof discovered This he proved by the Lord Cottington and Sir Arthur Ingram Fifthly That when a new Book of Rates was recommended to man by the Council Board of England in the time of his Lease he so far preferred a fear he had That the Trade of Ireland might thereby be discouraged before his own Commodity as he presumed in all humility to refuse the said Book of Rates and tendred his Reasons thereof to the Kingdom and Council-Board of England Sixthly That he never understood that the Customes could aâ—â—e to those great Sums alledged but though they should yet his advantage was but â—mall for first dividing the fourteen thousand pounds he paid to the King then five parts of eight which was yearly given in upon Oath and that procured first by himself at the Exchequer-Board the other three parts 〈◊〉 ideâ— amongst four of them which were equal sharers in the Lease would not amount to any great Sum of Money And therefore except it were Treason for him to have â—mproved the Kings Revenue encouraged the Trade and refused the new Book of Rates he could in his own weak â—udgment discern none there nor could he think it a Crime for him to take an Assignation of a Lease granted before his time and to insist in the Book of Rates used before his coming over and therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries than as a thing spoken in good earnest by them The same day the Eleventh Article concerning Tobacco was Charged on by the same man Mr. Glyn after this manner That for the farther advancement of his Tyrannical and Avaritious Designs he had of himself established a Monopoly for the restraint of Tobacco in that Kingdom where they offered Five Particulars to the Proof First That he had restrained the Importation of Tobacco Secondly That in the mean time he had brought in a great quantity himself and sold the same at exorbitant Prices Thirdly That of Tobacco already imported he had forbidden any to be sold but was first sealed by his Officers Fourthly That upon a pretended Disobedience he had punished a great Number of People by Seizures Imprisonments Fining Whipping Pillory and such like cruel and inhumane Vsages Fifthly That by these means he had gained one hundred thousand Pounds yearly For Proof hereof First The Proclamation for restraining Tobacco was read Secondly The Proclamation about the Sealing of the same Thirdly Some Witnesses who declared that Ships had been restrained from Landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fifthly The Remonstrance of the House of Commons in Ireland declaring that the Earl had sold 500 Tun of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That he had sucked up the Blood and eaten up the Kings Liege-People and had by this one point of Oppression raised greater Sums to himself than all the Kings Revenue in that Kingdom extended unto And therefore was liable to the Crime of Treason for troubling the Peace and bereaving the People of their Goods who were entrusted into his Care and Government The Lieutenant's Reply was That his most secret Thoughts were conscious of nothing but of a sincere intention and endeavour to promote and advance the wellfare of that Kingdom and withal he conceived by their leaves that nothing in that Charge could have the least reference to Treason yet as he said before for removing of all prejudice he was content to answer First That long before his coming to Ireland the same restraint had been of Tobacco and the same Impost of eighteen pence per pound enjoyned by King James Secondly That at that time the Tradesmen for this Commodity paid but twenty pounds a year to the Crown for the Impost but now 400 l. Thirdly That the Parliament in Ireland 1628 had Petitioned to have this Impost setled by an Act of State for ever afterwards as a part of the Revenue of the Crown Fourthly That he had express Command from the King for issuing those Proclamations and therefore could not imagine more danger in them than in others for Monopolies in England in the worst sence Fifthly That the Proclamations were not put forth by himself alone but by the whole Councel-Board of Ireland Sixthly That for the Contract of Tobacco he was so tender of it that it was sent over hither and seen and approved of by the Councel-Board of England before it was condiscended to in Ireland For the Proclamations he told them it
Power in granting Pardons for poenalties of the same was heavier then the Kings Loyns That this was his expression he verified First by the occasion for he spake the words a long time since to some Men who had lain imprisoned at York and were then by the Kings favour set at Liberty whom he incited to thankfulness by this expression towards his Majesty Secondly by witnesses produced by him In the examination of their witnesses he convinced one of them of untruth by interrogating him where he was when the speech was heard and how far distant from him when the Man had replied that he was twelve Yards from him he answered that it was impossibly for him to hear a Man three Yards off by reason of a deafness that had held him 14 years which being found true the witness was rejected Another witness Sir David Fouls was brought against him against whom he excepted as his known and professed Enemy 't was told him that he himself did not use to admit of exceptions against Witnesses and therefore was to expect the same measure He replyed that Master Pim might one day perhaps be atached for perswading the House of Commons to commit the same Crime that was laid upon him as a Charge of Treason But for all this the Witness was received because in matter of Treason a Mans Enemy may witness against him pro Domino nostro Rege Though I suppose the Kings advice was never asked for the present This was all that was done for that time On Thursday he was charged with the second Expression That he said Ireland was a Conquered Kingdom and that the King might prescribe them what Law he pleased This they aggravated as a prime note of his Tyrannical will and affection that would permit no Law to bound the Subject but what himself and such as he might draw up by sinistrous informations from a gracious and well meaning Prince and if this were admitted the whole Power and Liberty of the Republique would be utterly lost To this he replied that neither was the Expression in those words nor in that sence spoken or meant by him The first part of it said he cannot be denied To the second that he had said only that the King was the Law-giver which he hoped none could deny without incurring the Crime of Treason And that the Kings Sentence was a Law in matter not determined by Acts of Parliament which all but disloyal Subjects would grant and that it had ever been his endeavour to have the Liberty of the Subject and the Royal Prerogative follow both in one Channel If either of them crossed other we could expect nothing but a Subversion of the Common-Wealth either by Tyranny or Rebellion That the Prerogative was like the first the Liberty of the Subject like the second Table either both or neither can be preserved that in his duty he stood obliged first to the King as Gods Anointed then in the second place to his Countrey if it did not crosse the Regal Power And therefore hoped that what he had spoken was so far from being Treason that he thought a thousand such Expressions would not make up one Fellony On Friday the two other Expressions were followed That he said He would not suffer his Ordinances to be disputed by Lawyers before inferiour Judicataries and that he would make an Act of State equivalent to an Act of Parliament To the first he said that he had often said more then once that he would not suffer his Ordinance to be contemned because in him his Masters Honour was wounded To the second He thought a proportionable obedience was due to Acts of State as well as to Acts of Parliament otherwise they were made in vain if that both did not bind in one kind The Lord Cork though his mortal Enemy was now examined and admitted as a Witness whom in his Deposition he convinced of two shameful oversights For Corke had declared upon his Oath that the Lieutenant had caused to be interlined an Ordinance against himself and had caused some words to be scraped out which words were notwithstanding still found to be in the Sentence by an authentique Copy under the hand of Sir Paul Davison Clerk to the Councel-board of Ireland Then Cork alleaged that he had advanced a Groom of his to be a Preacher who by a Testimony from the University of Dublin he verified to have been a Master of Arts ten or twelve years before his advancement adding withal that my Lord of Cork was an excellent Scholler who was able to breed such Grooms Upon Satturday having done with his Expressions they canvased the first Article about his Actions Against the Lives of the Kings Subjects both in the Case of the Lord Mount-Norris and also of another of the Kings Subjects both of whom he had Sentenced to Death by Martial-Law contrary to all Law and to the manifest Subversion of the Priviledges of Subjects Magna Charta and the Petition of Right To the Lord Mount-Norris his Case he Replied 1. That though that Sentence had been unjustly given and rigorously prosecuted against him yet the greatest Crime that he could be charged withal would but amount to Man-Slaughter or Fellony at the most 2. That he hoped though this were true to obtain a Pardon from his gracious Master the Kings Majesty as well as Conway and Sir Jacob Ashley had lately done for eâ—ercising Martial Law in the Northern Army Then he Replied to all the parts of the Charge which were four 1. That he had exercised Martial Law in time of Peace To this he Answered 1. That all Armies have been and must be governed ever by Martial Law 2. That there is a standing Army in Ireland and therefore the Case is all one is time of Peace or War And that the Army might be undone if they should not use Martial Law but were to expect Remedy for the setling of a Mutiny or assurance of obedience from the Common Law 3. That it had ever been the practise of the Deputies particularly of Wilmot Faulkland Chichester yea Cork himself and therefore was no new thing brought in by him This he proved both by the production of the Military Ordinances and by divers Witnesses who knew Sentences given in that kind by them 4. That he had a particular Warrant in his Commission for this Power 5. That in the Lord Mount-Norris his Case he was commanded to exercise the same by the Kings particular Letter both which he caused to be read The second Charge was That he was both Party and Judge in the Lord Mount-Norris 's Cause To this he Replied That he had sitten in Judgment because he was one sine quo non the Judgment could not proceed without him but that he was not Judge but Party appeared 1. Because he sate discovered all the time 2. Because he refused to give his own Opinion 3. Because he did not give his Suffrage
one way or other 4. Because he removed his Brother Sir George from having hand in the Proces in regard of interest of Blood The third Charge was That he proceeded summarily in the matter of the Lord Mount-Norris He Replied First that he was not Judge in it and that the Councel of War was to be answerable in the Justification of their own Proceedings That after a long reasoning he had heard them say that no delay could safely be granted in Martial Courts The fourth Charge was That he had not heard the Exceptions made by Mount-Norris against his Witnesses To this he answered as before That he was not Judge in the Case and that he remembers no Exceptions made against any Witnesses To which he added that as he had been regulated in his Proceedings so he had been moderate in the Execution of that Sentence For though the Lord Mount Norris justly deserved to dy yet he had obtained him the Kings Pardon for the saving of his life and protested that he intended nothing by that Sentence but in some measure to repair his own Honour and to give Mount-Norris fair reproof who was known to be of an exorbitant and licentious Tongue and Spirit Adding that if the House of Commons would go on the same way with him and assure him that the Issue of his Charge should be nothing else but to admonish him for the time to come he would thank them heartily for it and study amendmant in all pretended oversights And whereas Mount-Norris complained that he had jeeringly told him when the Sentence was passed and pronounced against him That ere he lost his head himself would lose his Hand He answered that he had been thought to be very insolent and haughty yet he was never so impertinent to use this expression If any fault were it was for undervaluing himself in saying that ere a hair of Mount-Norris should perish he would lose his hand And truly said he if Mount-Norris would say so to me now even in the worst sence that can be conceived that ere I died he would lose his hand I would take it very kindly from him For the other man he avouched that he himself had voiced to hang him both because he was an arrant Thief and also had fled from his Colours which by the Common-Law and to this effect he cited a Statute 20. Hen. 6. and 7. Hen. 7. That to fly from their Colours is Fellony He concluded that seeing he was not accessary to the Sentence against Mount-Norris had not sate there as Judge had a power to keep Martial-Courts by his Commission had not exercised the same till a new Command came from his Majesty had done no more than ever was practised in Ireland before his time and had at least obtained Mount-Norris his Pardon he hoped there was nothing accusable in him but his too remiss and too moderate Proceedings Master Glin bitterly Replied That he knew the time when the Earl of Strafford was no less active and stirring to enlarge the liberty of the Subject and advance the Petition of Right than now he is for extending his own Arbitrary and Tyrannical Government To this he Replied without the least semblance of Passion that if at any time he had done the least service to the House of Commons he thought his whole life well spent nor could they ever so graciously reward him as to give Commission to that Gentleman to express so much before that Honourable Assembly But withall if ever any such thing was done by him he intreated it might now be remembred and might now serve to over ballance some sleight and mean oversights committed by him which he hoped should never make him guilty of Treason unless it were Treason for a Man to have no more wit and Prudence than God and Nature had bestowed upon him And so much for Saturday Upon Monday he was charged with the sixth Article That he had used a Tyrannical Government not only over the Lives as appeared by the last but also over the Lands and Goods of the Kings Subjects as appeared by this Article wherein he was Charged to have dispossessed the Lord Mount-Norris of a Tenure of Lands by a Summary Process before himself contrary to all Law and therefore had failed 1. Against the Act 7 Hen. 6. which provides all matters to be determined by the ordinary Judges 2. Against the Cautions sent to Ireland by King James expresly forbidding such power hereafter to be exercised 3. Against the Kings late Proclamation 4. Against the practice of all Deputies before that time Withal they added That it was a Tyranny that could not be expressed to exercise this power over the Persons of the Peers of the Land and their Goods To this he replied That for his part in matter of Justice under favour he spake it he thought there was no distinction to be made betwixt a Peer of the Land and one of the Commons except they did think that either Fear or Faction should do somtehing which had no place in him To the Particulars 1. That the Act of Hen. 6. answered it self sufficiently both because it excepted the Court of Requests and that his proceedings were nothing else in Ireland and also makes an express Reservation of the Kings Prerogative which he said was his strength because he derived his Commission from the King and that the Act was the most express warrant in the world for him 2. That he had not failed against the Cautions given by King James 1. Because they were not Charged upon him 2. Because they were never observed nor could be by the Deputies to whom they were given which he proved both by Witnesses and Writings 3. Because the Caution made rather for him than against him in that it contained the Word Hereafter which manifestly implyed that the Power had been somtimes before exercised in Ireland and not only by himself and therefore thanked them for that Testimony and hint 4. That though the Cautions had been given to him yet he had received an express Command from the King his Master to put that Power in use causing the Kings Letter for that purpose to be read and professing withal that he was tender to exercise that Power till the King induced by the humble Remonstrance of the meaner sort of people had most peremptorily and upon most just Reasons commanded him 3. That he could not obey the Kings Proclamation five years before it came out and that he wished from his heart that they would but respect the Kings Commands and Commissions with that tenderness of Affection and Obedience as he did his Proclamations 4. He proved it to be the constant practise of all Deputies that went before him It was Objected That other Deputies had indeed upon Suits of Equity determined themselves and matters of Debt but never of Land He Replied First That the same Authority reacheth as well to the one as to
about the two first particulars but did hear of none and that it was no small disadvantage to him to be charged with a great many odious Crimes by a Book Printed and flying from hand to hand through the whole Kingdom yet when they came to prove there should be no such thing laid against him Secondly About the Speeches He ingeniously confessed that some such thing might perhaps have escaped the dore of his lips when he saw their backwardness to his Majesties Service and as the times were then conditioned he did not think it much amiss to call that faction by the name of Rebels but yet he thought he had abundantly satisfied for that oversight if it was any at York For having understood there that the City of London were willing to make a Loan of Money he there before the great councel of the Peers expressed himself to this sence that the Londoners had sufficiently made up all their delays hitherto by their Act that the King was oblieged to their forwardness and that he himself should be as ready to serve them as any poor Gentleman in England About the other words he said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earl of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinal had given some such order as to leavy Money by forces this he said he only told the Lord Cottington standing by without the last application or intention concerning the English Affairs Cottington being examined upon this declared the same in the same manner Thirdly to Sir Ralph Freeman he said that his Testimony did not concern the Charge at all nor did he think any thing amiss in it though he had said it if the Servants of the Mint refused 〈◊〉 work according to directions they did deserve the House of Correction nor was it Treasonable to say the King might use that House for the Correction of his Servants as well as any Man in the Citty for theirs Fourthly He said that there was no great likelyhood that he had committed real Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had been fully verified and therefore in that as in all other Articles he reserved a power for his Councel to dispute in matter of Law They went to the Twenty seventh Article and Charged thus That immediately after his Appointment to be Lord Lieutenant to the Army here in England he shewed what Principles of Arbitrary Government lurked within his bosom for by his own immediate Authority without and against Law he had laid Impost of Money upon the Kings Subjects where they mention three Particulars First That he had imposed 8 d. per diem upon the County of York for entertaining the Trayned Bands there one whole Month. Secondly That they had sent out Warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That he said that it was a Crime nigh to the Crime of high Treason not to pay the saâ— Fourthly They added that in his general Replies he had brought two things for his defence first that this mony was freely and voluntarily offered by those in York-shire secondly that the great Councel of the Peers had notice of the same To the first they answered that a Petition was indeed preferred by the York shire men and a Month pay offered but that the Lord Srafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby he evidently declared what little â—nclination he had to that way To the Second They appeal'd to all the Lords present whether any such Order did pass before the Council of the Peers at York The Proofs were First A Warrant issued by Colonel Pennyman for this Money and another by Sir Edward Osborne Secondly Mr John Burrowes who declared that he was Clerk to the great Council but did remember of no Order and withal added that it might have passed at that time when he attended at Rippon Thirdly Mr. Dunston who declared that he had known that Money levied by some Musqueteers Fourthly By Sir William Ingram who declared that he had heard the Lieutenant say that to refuse the same came nigh to the Crime of High Treason The concluded the Charge That by these Particulars it was more than evident what unhappyâ— Purposes and Trayterous Designes he had to subdue this Kingdom and subvert the Fundamental Laws and Priviledges First To the Petition That it was a true Petition drawn up by the York-shire Gentlemen and as true that he had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties coming to York it was thought necessary for the defence of that County to keep the Trayned Band on foot because the Enemy was upon the Borders and therefore the King directed him to write to all the Free-holders in York-shire to see what they would do for their own defence The Time and Place were designed by the King but the night before the Meeting a small Number convented and in a private and factious way did draw up that Petition upon the morrow at their appointed Diet in presence of the whole Number the Petition was presented to him where he did advise them to leave out that Clause and that because he knew the King out of his own Gracious Disposition had intended to call a Parliament which he desired should rather be freely done than upon the constraint and importunity of Petitions moreover it would seem a Mercenary thing in them at one and the same time to offer a Benevolence and withal to Petition for his Favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of Mouth to offer unto the King the Months pay in their Names which he did accordingly in the presence of Forty of them to their no small advantage This he proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savil Sir Thomas Danby who all of them declared as much in ample terms and withal added That nothing was done upon better grounds of Necessity and Obedience than the Offer of â—hat Money and that they never had heard any man grudge against it to this time For the Second about the Council of Peers he alledged that he never made mention of any Order of theirs but he remembred very well it was twice propounded before them that the King had approved it at that time a just and necessary Act and none of the Council had contradicted it which he conceived as a tacit approbation and an Order in Equivalence But though that had not been yet there was nothing done in the Business but at the special desires of the Gentlemen themselves and for their necessary
the Oath and Law-giver is the party only some have observed two remarkable things upon this First Some think it strange that seeing the House of Commons have lately fined the Convocation House upon this ground especially that they enjoyned an oath which is a Legislative power say they and only due to Parliaments how they at this time as if all the Legislative power were in them without the advice of the Lords I say not of the Church though in matters Ecclesiastical or approbation of the King which is conceived to be a mighty encroachment upon his Prerogative should offer either to prescribe or subscribe such an Oath as if it were essential to our Reformation ever to be done by the people without Authority of the Superiour Powers and yet before it pass into a Statute it must come in by a Bill â—steron proteron but perhaps it is hoped that by this Anti-dated subscription they shall find out the more easy passage for the Bill when it comes to be propounded Secondly That the House of Commons were four hours pleading upon that one expression in the Protestation The true reformed Religion expressed in the Doctrine of the Church of England Some who were more tender toward the Church and desiring that the word Discipline might be adjoyned to the word Doctrine but others mainly opposed that reasoning that no Discipline could be admitted but all to be esteemed as Popish that was not conteined in the Doctrine that is in the word of God which party at the last did prevail though the other affirmed that there was more express warrant in the word of God for Bishops than for ruling Elders but if some Hint be not there intended against the Deans and Chapters the Lyturgies and Ceremonies yea the very Bishops of the Church of England let any man judge and of what dangerous consequence that may be if those who pretend to have authority in all Church Affaires may be permitted to give Sentence is not difficult to determin This day the people met again but in smaller numbers they have threatned to come to morrow with all their main forces and not to desâ—â—t till the Lieutenant be executed and their other petitions obteined The Oath was likewise presented to the Lords and some say all of them except the eight Recusant Lords and four of the Bishops have signed the same but others say they have only admitted the Bill which is more likely I think it is Lucaâ— tells us the tale That when the 100 handed Gyant Briareus whom the Mithologizers of Poems use as a Type of the multitude was first brought into the world his Father Jupiter desired Mercury to set his Scheme and calculate the Stars of his Nativity no Father said Mercury that is needless a little time will shew his disposition for so many hands cannot belong Idle A very lively Idea of this business now in Agitation Your self may make the application by the events Upon Saturday May the eighth the Bill against the Lord Strafford past the Lords there were forty five present of which nineteen voiced for him and twenty six against him the greatest part of his friends absented themselves upon pretence whether true or suppositious that they feared the multitude otherwise his Suffrages had more than counterpoised the Voters for his death In the Bill he is condemned of Treason and all his English Lands the other part of the Coat is left for those in Ireland forfeited with an especial Proviso that this Act shall in no wayes he forceable against others than if it never had been made which to his friends of Judgment smells strongly of a particular hatred against him as if the same common way of Justice should not equally strike against all which it should do in true Justice but that Crimes did differ in their Subjects Two ways there were to have proceeded against him by a Legislative or by a Judiciary power both did strike home alike at his life and his Estate both alike ready both sure by reason of the proofs the Difference only this this might have been done without the King that only by him because this is a Sentence that a Statute A man would think the Judiciary way had been the more sure and that the King would rather have connived and not exercised his Prerogative by a Reprival than to have Intressed himself in the Legislative proceedings by consenting to the Act against him in whom the world conceived for by past and future services he had so great an Interrest But they it seems notwithstanding his Majesties late Attestation of the Gentlemans Innocency in point of Treason were more confident of his gracious Inclination to Justifie their own Act and more desirous too that he should demonstrate his willingness in punishing such transgressors and therefore the Bill went on by the Statute The same day another Bill passed both the Houses that because of the important business of the Kingdom the Parliament should not be broken up by the King without the special advise and consent of both the Houses till all their grievances were redressed and their safety provided for which space of time for any thing I know may last till dooms day some would have had the prefinition of 5 some 7 some 9 years put to it others replyed that this would be both odious and dangerous odious in that it should seem so long a Parliament dangerous in that the time may happen out possible to be longer some think it an honour I rather â— fatality or to sweeten the word a Providence that both their Bills should pass at once as if Generatio â—nius were Corruptio alterius And this new Government should take life from the death of the Earl of Strafford In the afternoon the House of Commons desired access to the King in the Banqueting House and having stayed there an hour for his coming in three words they propounded these two great Bills desiring that he would give his Royal Assent to them both Quod si non prosint singula Juncta Jubant Withall humbly shewing that the present danger of the Kingdom could admit of no delayes The King told them they should expect an answer on Monday Morning The Court at this time was surcharged with a confluence of People quasi Civitas tota sedibus suis mota as if the whole City was come to petition for Justice a Government indeed worse than a Democracy where the people do not rule but play the Tyrants If there were no Monarchy there needs no conscience to obey it But where it is and cannot protect it self the good subject must either forget himself or his loyalty A two edged sword killing either the body or the soul nor in this are men in better case than the winged Fishes that our Southern Mariners tell us of which if they swim beneath the water are catch'd by Dolphins if they fly above for refuge snatch'd away by the hungry Ravenous souls Lord help then the