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A86047 The replication of Master Glyn, in the name of all the Commons of England, to the generall answer of Thomas Earle of Strafford, Lord Lieutenant of Ireland, to the severall charges exhibited against him in Parliament by the house of Commons, April the 13. 1641. Glynne, John, Sir, 1603-1666.; England and Wales. Parliament. House of Commons. 1641 (1641) Wing G891; Thomason E207_10; ESTC R17729 8,588 22

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doth not particularly expresse the number of men that should raise it in that warlike manner I might as well say The King hath given me an army in Ireland therefore I will turn it upon the bowels of the Kings people I thought my Lords hee would have insisted upon the other two articles but it seemes hee hath been better advised And for the feares of his transporting the Irish army my Lords those feares were warrantable and just The Commons of England also feared and justly or else they would never have charged him therewith And the Lo. feares he mentioned arise from a true and reall cause and hee hath shewed himselfe a good subject in this and all other things and whatsoever my Lord of Strafford is pleased to say against him his reputation stands untainted Whereas he citeth that of Master Treasurer Vanes Charge who affirmes he said speaking at that time of a defensive warre with Scotland Your Majesty hath hyed all wayes and meanes and in this your extream necessity for your own and your peoples safety you may employ the Irish army to reduce this Kingdome to obedience My Lords wee could plainely have prooved this testimony by notes taken by Secretary Vane which notes were accordingly taken the beginning of the last June and by two other witnesses because hee affirmeth he could have proved the contrary My Lords I tell you what testimonies wee could have brought if there had been need to prove his intentions to bring in the Irish army True it is the last recited words were spoken by Master Treasurer Vane the fifth day of May whereas he saith How can it be true for the Army was not on foot a moneth after Yet with his Lordships favor in Aprill before he had given order for it so that my Lords this objection is taken away out of his owne testimony Now my Lords before I fall upon the other words which he calls constructive I shall humbly desire your Lordships to look on your notes how he handled the argument My Lords saith he I am taxed to say that Ireland was a conquered Nation Ergo I am a Traitor for speaking truth If your Lordships please to looke on the articles you shall finde how hee doth dissect and cut them in severall pieces to serve his owne turne And so I descend to the fourth article which he saith was proved but by one witnesse but I doe extreamely wonder that he should affirm it for it was proved by three or foure several Witnesses and the words themselves were proved by foure witnesses to be exceeding often spoken by him and if we would have troubled your lordships with more proofes we could have proved almost as many charges against him as hee remained dayes in Ireland My Lords then he falls back to the second article where he should have exprest these words viz. That the Kings little finger should bee heavier than the loines of the Law This my Lords was expressely prooved by five witnesses to make good the charge and therefore with your Lordships patience you shall find it by plain demonstrations fully proved My Lords I shall not answere to his pieces but bring them together and then their foulenesse will more fully appeare Whereas he mentions That of the Kings prerogative for raising of monies and particularly that of the Ship money by the Iudges testimony to be law My Lords for him to bring in that which is already condemned and proved contrary to Law For him therefore to counsell a King that hee is absolved and free from all rules of government to invade upon posterity to make denial of property my Lords it rests in your great judgements and in all that heare mee what argument this is of defence but 't is no wonder for more of the like stuffe followes My Lords Hee stands charged for bringing two armies into the field and thinks to put it off by saying he had been in the country My Lords I shall make it appeare that the providing of this warre was the principall and maine designe to bring his ends about My Lords in the passage hereof he saith that Secretary Vanes words were That himselfe was for a defensive war but he for an offensive that there was no difference in these Which may well bee strange to any reasonable man that there should no difference at all bee set betwixt defending a mans selfe and offending others My Lords In the 24 Article hee mentions part of the Charge That he was an occasion of the dissolution of Parliaments Whereto he answers It is not proved But my Lords it shall appeare to be indeed as the Witnesses have already dedeposed He goes on with these words Can any man thinke him the occasion of breaking up Parliaments when such counsells would have been a hinderance to his owne designes My Lords He comes from thence to the seven and twentieth Article and answereth That it seemes very strange to him That people should once imagine that a man can walke so safely 'twixt two Armies in time of war as an Atturney who in Terme goes from one Bench to another with a bundle of Papers under his girdle My Lords he makes it very strange that he should be charged with treasons for subverting the lawes of this kingdome My Lords I answer Doth not the Law make it treason to kill a Judge on the Bench For why hee is the living voice of the Law And shall not he that kills the King in his people be equally guilty And whereas he alledgeth Hee never purposed to introduce a tyrannicall government or to subvert the fundamentall lawes of this Kingdome I answer my Lords although praised be God hee hath not effected it yet it is too apparent hee intended it My Lords The sole helpe the Subject hath to conserve his liberties if he be detained against Law is by prohibition or Habeas Corpus And yet both of these were by him restrained and I refer it to your Lordships great judgements whether this was not as much as in him lay to introduce an arbitrary power in the King And my Lords Whereas hee saith as aforesaid That the Kings little finger should bee heavier than the loines of the Law for he buzzed this into the Peoples eares that they should find it so and then to speake those words at such a time when the body of the Kingdome was to meete was such a vile matter and a crime of so exorbitant a nature that it indangered a generall insurrection against Majestie and this is proved by five witnesses and not disproved by any but Sir William Penniman who saith he heard them not yet neverthelesse if five would say such a thing and other five deny it the affirmative ought to sway My Lords When he was sent into Ireland with commission and authority it was not long but he pursued his intents and produced them into act and had not God blowen upon his devices he had wrapped us all up in desolation And then my
Lords that he when all the lights of Justice were open should execute such punishment on a Peere of the Realme of Ireland as sufficiently appeares doth plainly demonstrate his mischievous intents My Lords That he which is under the Law should take a power above Law nay without and against Law in putting a man to death My Lords I shall not omit somewhat hee thereupon said That he hoped to have pardon of your Lordships therefore if he did any thing amisse therein Moreover my Lords hee adjudged my Lord Corks estate a lay fee dependant upon the Church and deprived him thereof by a paper petition which was a course usuall with my Lord of Strafford to put men out of their inheritance against all law or equity My Lords He goes further and saith That he would make my Lord Corke and all Ireland know That Acts of Councell are equall and should be as binding to the Subjects of that Kingdome as Acts of Parliament My Lords Here he judged also another though a Peere puts him out of his inheritance and yet cannot finde one president to ground him for his so doing The next is the 27. Article whereto hee makes his defence when as hee was not yet charged And whereas he alleadgeth That seeing the Warrant he sent he presently recalled it and recalled it willingly therefore he hopes favour from your Lordships My Lords The Warrant was three whole yeares in execution before it was recalled Your Lordships have heard he is not contented herewith but spreads it over the face of the whole Kingdome and arrogates authority to himselfe above the Lawes in his answer to the 10. Article touching his notorious abusing of the King in his Customes He pretends It is rather matter of fraud than otherwise which tends to his Majesties so great disservice and this plainly appeares for the King hath lost thereby extreamly His Majestie lost 5000. pound per an of the olde Rents And my Lords for the Earle of Strafford he hath gotten 100000 pounds by Tobaco at least besides his other Monopolies My Lords In pursuance of his intents hee crost the proceedings of the whole court of parliament in Ireland The next charge against him is upon the nineteenth Article For endeavoring the subversion of the fundamentall lawes of both kingdomes and that he should compell conscience by forcing the Kings subjects there to take an oath contrary to Law and justice My Lords this his designe to subvert the Law and exercise power above the Law was a designe conceived in his heart long before it was executed That the King might doe every thing that power would admit and that the King if hee pleased might reduce this kingdome to obedience by the army he had in Ireland My Lord Primate testifies That before the Parliament he said That if the Parliament would not apply themselves to his Majesty the King was acquitted before God and man and might make use of his prerogative My Lord Conway chargeth him with the same adding withall That if hee tooke this course the people would give 12 Subsidies Whereupon a Parliament was called but soone by his meanes dissolved and so the Kings necessities unsupplied Either therefore my Lord of Strafford must bee thought a Prophet of else that he projected and effected the dissolution of the Parliament The next Article is That he told and counselled his Majesty That the City was undutifull and unthankfull and that no good would be done with them till they were made an example and layd by the heeles and some of the Aldermen hanged up My Lords That he gave this counsel plainly appeares for thereupon foure Aldermen were instantly committed So that it is evident the Earle of Strafford had premeditated this designe Now my Lords put all these together whether the occasion of the warre and dissolving of the Parliament were not the end of his devices and counsels to bring this kingdom to an arbitrary and tyrannicall government So my Lords if words intentions if counsels and actions of such dangerous consequence to whole kingdomes be a sufficient evidence of a designe to subvert the Lawes I hope I have satisfied your Lordships therein And so my Lords I have done with the proofes on the Commons side My Lords I mentioned the seventeenth Article before which spake of making a Warrant to levy the Kings money by force This my Lords was acted at the command of the Deputie as it is confessed by Sir William Pennyman My Lords It is plaine my Lord of Strafford commanded it for Sir William saith that the Warrant was made at the pursuance of the direction of my Lord of Strafford Put all these together and I doubt not but he will bee found and it will plainely appeare he is the occasion of all the evils that have fallen upon the Nation wherewith hee is charged in this article I come now my Lords to the last passage my Lord of Strafford hath exprest which I will observe For the first my Lords please you to take notice how he begs your pitty and compassion My Lords If he had exercised compassion towards others hee might perhaps have expected some extenuation some mitigation of his offences But when he hath beene the Incendiary to so many mischiefes and calamities which have befallen and infested his Majesties Subjects both in England Scotland and Ireland how can he hope or expect but that the reward of his hands be given him My Lords Your Lordships have heard him often say it is very strange he should be questioned for words being no matter of fact and therefore to sweep away him and his posterity from among the living for things as he saith of no consequence of no solidity at all is very hard My Lords I answer what respect what pitty or Christian compassion did he ever demonstrate when he was in his Kingdome in Ireland when he caused those that refused to pay to bee committed when hee compelled the great Councell of the Kingdome to stoope to his devices when he trampled on the Peeres and oppressed the Kings subjects with what great indignity did he use them how did he insult upon people of all rankes My Lords He is charged with offences of the highest nature And whereas he alleadgeth by way of excuse that if these things bee made crimes the affaires of the Kingdome will be left so waste and desolate that no man of wisdome will meddle with them Please my Lord of Strafford therefore take notice That the Kings Ministers ought to serve his Majesty according to Law and no otherwise Can he then my Lords pin these misdemeanours as he calls them upon his Majesty which no prudent Statesman ever did What is it but Treason to make the cause of the groanes and sighes of his Majesties subjects to proceed from his sacred Majesty This is a course no wise Minister ever practised thus to question his great Master and as much as in him lies to make the subject weary of serving and the King of protecting What is this but to make his Majestie thinke That his Royall prerogative is neither comprehended within the limits of Law nor the bounds of Reason For if he had not an intention to subvert the Lawes why should hee suggest these things into the Kings eares what is this my Lords but as much as in him lies to confound all Law What is this but to make his Majesty think that the protection and defence of his people is the way to his ruin destruction To make the people begin to loath the Crowne and the King hate his people and should I often repeat it sure I am there is so much candor in the Kings heart that it will justifie what I have said My Lords There is no greater safety to Prince or People than to have the Throne established by good Counsellors and no greater danger can befall a Kingdome than to have such who are wicked and dangerous He alleadgeth for himselfe the great hazzard every Counsellor will run if they shall be questioned for giving their Counsells freely according to their oathes who then saith he will be a Counsellor My Lords For many yeares you know it and I cannot without griefe of heart once mention it there hath been an evill spirit of contention that hath moved and stirred amongst us which hath been the author and fomenter of all our distractions viz. Necessity and Danger These evill Counsells have brought the King into necessity and necessity hath ever had danger its attendant The foundations hereof are laid upon that of Shipmoney and dissolution of Parliaments by perswading the King not to sticke to any rules of government but to governe without rule or Law But I pray my Lords consider what ill courses my Lord of Straffords Councells have produced and how pestilent to both Kingdomes Your Lordships may remember how he hath scandalized some Peeres of your Realme of Ireland when he openly exprest at the Parliament there That things were carried against him by faction and correspondence and what threats he then used to terrifie them To conclude all my Lords The Earle of Strafford is here arraigned of high Treason for going about to subvert the fundamentall Lawes of the Kingdome My Lords You are sons of the same Ancestors that enacted maintained and preserved these Lawes which he would have ruined and the same blood runs in your Veines You cannot my Lords thinke him worthy to live who hath attempted these things against all Law What Law hath he not broken He hath attempted the ruine of three Kingdomes at one blow it was by him projected but blessed be our good God here it stopt it was never effected Therefore my Loeds if you would be safe or live in peace and still enjoy those Lawes for the maintenance whereof your Fathers shed their dearest blood then cast this Ionas who yet lies asleep on the bed of security into the Sea lest the Ship of the Common-wealth split and sinke My Lords It is a cause concernes the King and here is the remonstrance of the Kingdomes of England Scotland and Ireland who all humbly beg it My Lords What the danger and horror of it would have produced had these mischiefes been brought to birth I leave to your great judgements seriously to consider And thus my Lords have I delivered the charge given me by the House of Commons as briefly and plainly as I could and therefore doe here with all humility conclude and submit FINIS
THE REPLICATION OF Master Glyn In the name of all the Commons of ENGLAND to the generall answer of THOMAS Earle of Strafford Lord Lieutenant of Ireland to the severall Charges exhibited against him in Parliament by the house of Commons April the 13. 1641. London Printed 1641. The Replication of Mr Glyn in the name of all the Commons of England to the generall answer of Thomas Earle of Strafford L. Lieutenant of Ireland to the severall Charges exhibited against him in Parliament by the House of Commons Aprill the 13. 1641. My Lords BEE pleased to give me but a little respite and I make no doubt but to represent to your Lordships Thomas Earle of Strafford now prisoner at the Bar as subtle in his answers as he hath been cunning in his practices The said Master Glyn retiring himselfe for the space of halfe an houre and returning thus began My Lords Wee are here entrusted by the house of Commons in the name of all the Commons of England to recollect our evidence and to apply it to the generall charge whereunto it is directed My Lord of Strafford recollecting the evidence of his defence under favour did expresse how subtle he therein was which I shall make appeare to your Lordships in sundry particulars But my Lords before I enter upon it I shall make some observations and answers to that reducing it againe to that method though not so exactly I feare as I have proposed it to my selfe It will easily appeare to your Lordships That the Earle of Strafford hath exprest whatsoever may seeme to make for him but concealed the rest He hath misrecited and miswrested proofes both on his owne side and ours He hath My Lords taken this advantage that it might make for his defence He hath disjoynted those testimonies and witnesses that made against him That they might appeare like small scattered drops of raine which neverthelesse being gathered together would over-flow the body of the earth it selfe My Lords I doubt not in the generall but to make good what I have spoken against him who hath made a flourish this day as he hath formerly that if he had longer time he is confident he could have cleared himselfe of those great crimes wherewith he stands charged Give mee leave therefore to informe your Lordships that he is no way scanted by time whatsoever his flourishing Rhetorick may endeavour to insinuate My Lords it may as easily as plainly appeare that there is nothing wanting to him for hee hath severall Copies of papers of the Councell-Table here and of the Parliament in Ireland and yet he still pretends he is not ready only to protract and gaine time My Lords he hath often mentioned this day and the day before that many Articles wherewith he stands charged are proved but by one witnesse and therefore he takes advantage of the Statute 1 Edw. 6. That a man ought not to be condemned by one witnesse My Lords This is a fallacy of his own heart for the severall charges against him are not deposed by one witnesse only but many My Lords His charge is for subverting the fundamentall Lawes of the Land and endeavouring to introduce a tyrannicall government If your Lordships put these together you shall finde clearely by how weake a thred his answers hang. My Lords Another comparison I shall be bold to make is That he was pleased to cast an aspersion in the entrance of his answer upon those which were and are entrusted by the house of Commons by pretending the severall charges were not proved which indeed are proved sufficiently My Lords Wee stand here to justifie and maintaine what we have spoken and however he is pleased to cast it upon us we are bold to retort it upon him but should be loath to be so guilty in this as he is found in the severall charges My Lords He hath been pleased to make a generall plea that these particulars though put together in one body cannot possibly make a Felony nor 100. Felonies a Treason instancing in that of a bloody knife in a murtherers hand but I make no doubt he well knowes that the case of murthering a private man and of a whole Kingdome differ and that there may be Treason intended in the latter though by Gods mercy prevented He that intends to kill a King though it bee not perpetrated is neverthelesse guilty of high Treason yet a King though murthered may live in his posterity but to kill the whole Kingdome and their posterity to bring them into perpetuall bondage and slavery if this be not high Treason and the highest degree of Treason I must professe I yet know not what Treason is Besides my Lords under favour I shall put you in remembrance that Faux the greatest and most desperate Traitor that any Age hath brought forth might have pretended this excuse That the taking in of barrels of gunpouder and putting them under the parliament house laying the traine of pouder and kindling the match to execute the most horrid villany that ever hell teemed was no treason because not effected but if you consider the circumstances you will finde it capitall treason and hee might have had as much excuse for his villany as the Earle of Strafford in this case My Lords Thomas Earle of Strafford endeavored and attempted to kill the Lawes the fundamentall Lawes of this kingdome and if this be not high treason it may with very good reason seeme strange My Lord of Strafford distinguisheth of treasons viz. That there are treasons by Statute at Common Law and treasons arbitrary or constructive My Lords Be pleased to give me leave to trace him a while and afterwards to discharge my duty truly to represent the cause and I will avoid as much as I can falling into my Lord of Straffords error My Lords he beginneth with the fifteenth article and pretends the substance of the Charge is That he caused a warrant to be executed by Robert Savil Sergeant at armes and divers others who as he conceives ought not to sweare in his own justification and that he condemned the proceedings of the Councell boord in Ireland Now saith hee this warrant is not produced But my Lords The Judges know and wil tell you That if a man be charged with felony although the thing stollen bee not produced yet neverthelesse the man stands charged I say therfore this is but a new way and invention found out newly by his Lordship for ought I can see to commit high treason and to say he had a warrant for it I beseech your Lordships patience and I trust to c●eare this assertion and wheras he pretends the Sergeant at armes to be no competent witnesse I wonder much at it He is pleased to spend much of his Rhetorick when he saith That monies were levied but by two or three soldiers and no more But your Lordships know it is as much mischiefe to be overmastred by foure as foure thousand Your Lordships may remember that the warrant