Ely sworn was examined what was the proceedings of the Marshalls Court when he was Judge-Marshall and how long he had been so He Answered He was 40 years since Judge there and for the manner of proceeding There was never any Deputy or Governor of that Kingdom but they had a Commission of Martial-Law to be exercised in the time of their Government but the exercise of that Law was two-fold one was Summary the other was Plenary That which was Summary and short was committed to the Provost-Marshall that sought after the Rebels and Kernes that kept the Woods These when they were apprehended the Provost-Marshall hanged them on the next Tree and this was in poor Cases where the estate of the party that prosecutes is not worth 40 s. In the second which is the Plenary proceeding there are three Considerations to be had of the time the place and the person the time must necessarily be in time of War the place in the Field and the persons must be such as are subject to the Rule of Martial-Law And the proceeding was thus The parties complained the other appearing an Information was drawn in writing Witnesses produced and reduced in writing a Sentence given absolutely or condemnatory and the Party punished or acquitted and the Warrant directed to the Provost-Marshall to put the Judgment in Execution But when the Army was dissolved and every one returned to their own home Souldiers Captains and Commanders this Power ceased and was no farther executed for it had been an extraordinary damage to His Majesty that by the Martial-Law every one should be tried for he loses nothing but his life not his Lands or his Goods and therefore the proceeding without was so slow and seldom that he had not remembred any man of quality worth 100 l. or 200 l. in thirty years to have been executed by Martial-Law Here the Manager did offer the Instructions given in my Lord Faulkland's time which Mr. Fitz-Gerard testified to be by him examined with the Original in the Signet-Office as to the 33. and 34th Articles Part of the Instructions were read viz. 33. Such as are to be brought to Trial at Law are not to be executed by the Marshal except in time of War and Rebellion One of the Managers observed That my Lord of Strafford would have Power of Martial-Law over my Lord Mountnorris but would not execute him which shews he desires not blood so much as Power of blood that the Law of all the Peers might be under his Girdle and he besought their Lordships to consider it Whereas he said The blood of their Lordships Ancestors was spent in the Irish Wars this way their own blood may be spent in the Peace of Ireland and Peace of England c. My Lord of Strafford taking notice of some words charging him that my Lord Mountnorris lost his Offices in that Sentence In way of Answer said That they were lost in a Sentence in the Castle-Chamber for Misdemeanors fully proved and by himself confessed and therefore His Majesty disposed of them To which one of the Managers Replyed That there was no sentence in the Castle-Chamber against him And so after some Discourses and Resolution touching the Method of the Proceedings about the next Articles the House was Adjourned The First day Monday March 29. 1641. THE Sixth Article The Charge That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolstone did cause the said Lord Mountnorris to be disseized and put out of possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having béen 18 years before in quiet Possession thereof MR. Glyn opened the Sixth Article setting forth the Execution of an Arbitrary Power by the Earl of Strafford contrary to Law in point of the Estates of His Majesties Subjects by disseizing and putting the Lord Mountnorris a Peer out of Possession of Lands of 200 l. a year which he had possessed 18 years before on a Paper-Petition without any Rules of Justice during the said Lord Mountnorris his Imprisonment contrary to an Act of Parliament read the other day to King Iames his Instructions to the directions of His Majesties Proclamation and the Rules of proceeding in the Kingdom of Ireland The Decree made in the Cause betwixt Rolstone and my Lord Mountnorris was first offered the Manager observing that it was nothing to the matter whether the Decree were just or unjust and that it never depended in the Chancery as is set forth in his Answer Thomas Little the Lord of Strafford's Secretary being sworn attested that the Copy produced was under his own hand And here my Lord of Strafford informed their Lordships that upon his Defence he would ask Mr. Little some questions desiring their Lordships to remember that he is upon his Oath The Decree was read Dated 28. Iuly 1637. whereby for the Reasons therein set forth and with the assistance of the Lord Chief Justice of the Common Pleas It was among other things Ordered That Henry Rolston should be put into quiet Possession of certain Lands therein mentioned Lord Mountnorris being Examined Whether he was put out of possession by Vertue of that Order and how long he had Possession of the Lands He Answered He was in quiet and peaceable Possession from May 20. till he was put out by my Lord of Strafford's Warrant August 29. 1637. as was written to him from an Agent that was there from the delivery of the Warrant to the Sheriff That he was all the while the business was in prosecution till his coming into England a little before his putting out of possession in prison under restraint for not suing out his Pardon upon the Sentence of the Council of War Mr. Anslow sworn and interrogated to the same purpose Answered That to my Lord Mountnorris's possession of the Lands he can say only by seeing the Accounts passed by former Receivers and the Patent my Lord Mountnorris had of the Land but for his being put out of the possession by the Order he found when he was left in Ireland about a year and half ago he was put out of possession by an Order of my Lord of Strafford and that he being there could have no Rents paid Henry Rolsion's Son being in possession the Father being dead Being asked Whether a Petition was not preferred for liberty to proceed at Law He Answered It was in his own behalf for the Land was estated on him by his Father And that he the Deponent being to pass his Land on the Commission of Grace Rolston Petitioned for it himself and therefore he the Deponent Petitioned it might be hindred to pass and that he might have his Right tried legally but he could get no Answer the Commissioners saying They sate not there to question any Lords Estate The Manager observed this to be the assuming
according to the Power of former Deputies yet not to meddle with Titles of Free-hold except in Cases of Equity but to refer Title of Free-hold to its proper Judicature and not to hear Causes where there is Priority in other Courts unless in case of Appeal for lack of Justice after due Obedience Power likewise the said Rules observed to call before him any person complained of and therein to make such Order and Decree as shall stand with Justice and to cause the same to be put in Execution Dated October 5. 9 Car. He then offered the first Decree in the Cause to be read that had formerly been read having relation to this bearing date May 23. 1636. And the same was read being Signed Wentworth Gerard Lowther c. Whence his Lordship observed That the Order was made for Relief of a poor man where my Lord of Mountnorris had by Violence and extream hard pressure possest himself of Lands worth 200 l. a year never paying out of his Purse above 30 l. the rest arising on a Letter procured for Sawing Mills and by interest at above 20 in the hundred wherein his Lordship had the Assistance of two Reverend and Learned Judges the Chancellor that now is and Sir Gerard Lowther That the Decree is in every part just and equitable and if he had not given relief he had been justly censured That the party is now in Town and means to complain and Sue for 600 l. more than he is yet allowed The Committee declared they insist not on the merit of the Cause as not being material And so my Lord of Strafford observed That he stands justified by the Kings Letter which makes things differ from what they did formerly and shew that the Power was there before and is now restored His Lordship further added that his Practice in exercising Jurisdiction was conformable to that Letter viz. That he medled not with Title of Land triable at Law nor with Causes which had priority of Suit in other Courts That he referred the business of the Provincial Courts to these Courts and many businesses to the Judges of Assize and none determined by him but upon full Hearing and Assistance of the Judges And whereas it is said my Lord Mountnorris was kept in Prison by reason of not Suing out the Pardon on his Sentence pronounced by the Council of War I will make it appear it was for Contempts in refusing to answer a Bill Exhibited against him on the Kings behalf in the Castle-Chamber Mr. Slingsby being asked touching that point Answered That he did constantly wait on my Lord to the Castle-Chamber and there heard the Information of the Kings Attorney against my Lord Mountnorris read and my Lord Mountnorris was called to Answer it several times and was committed to Prison for not Answering it but he cannot precisely speak to the time but he thinks he was left in Prison upon that till my Lords going into England Sir Adam Loftus asked touching the same point did first make his humble Suit that he might not be Examined in any Cause concerning my Lord Mountnorris for some reasons inducing him thereunto Which my Lord of Strafford said was because Sir Adam succeeded my Lord Mountnorris in the place of Vice-Treasurer and being required if that were all to speak notwithstanding He Answered That he conceives he was Committed for not answering the Information but the precise day of his Commitment and the time how long he cannot well remember Being asked whether he was not brought before the Deputy a day or two before he came away and refused to Answer and was thereupon Committed He Answered That it was true Being asked on the Managers motion whether he was not Committed on the old Sentence and remained in Prison on that He Answered That he doth not know If I had time to produce the Orders of the Castle-Chamber I could make it appear when my Lord Mountnorris was Committed and how long he continued so but he was Committed for that Contempt and remained Committed six Months I think before he would Answer which I would not speak if it were not true The Lord Dillon called and asked to the same purpose He Answered That the Judges of the Castle-Chamber are by Commission and that he is not of that Commission That the Deputy or Chief Governour calls by way of Assistance such as he pleases That he heard at Council-Board my Lord Mountnorris was Committed for a Contempt in not answering in the Star-Chamber but when it began or how long he knows not In Execution of this Jurisdiction I had no private advantage to my self nothing but trouble was gained by it no new thing was done but such as was formerly by all the Chief Governours there and such as I had special Warrant for from His Majesty I have observed the Rules that guide others in Chancery and other Courts of Equity and the Judges in their Circuits Therefore it can be no Subversion of the Laws for the same thing done by others hath been Legally done it differs only in respect of place being before my self and so cannot be Treason And though it might be Illegal here yet it is according to the Laws and Customs of Ireland by which I am to be judged for all things there done And the same is done by the Presidents of the North and of Wales who did familiarly receive Petitions from Poor people that cannot seek remedy by a Legal course and yet it is not Treason in England And it cannot sink into my understanding how the enlargement of a Jurisdiction should be strained to High Treason specially being warranted by ancient Practice and modern Authority being only according to the nature of a Court of Requests and not entrenching on the Jurisdiction of Law Courts And so I hope this will never rise up in Judgment against me as Treason either in it self or by way of Application The Manager began his Reply in substance as followeth Whereas my Lord of Strafford says This is not Treason this is the burden of his Song But this is one of the particulars that prove his design to subvert the fundamental Laws of both Kingdoms He will not acknowledge a cumulative Treason he must have a Treason over Shooes and Boots yet if he will look on it all together he shall see the horridness of it and it will prove as great a Treason as ever was presented to a House of Parliament The Manager opened the Article and said they dispute not whether if it had been done in Chancery or other Courts it had been well done but it is done by him without Rule of Law and hereupon he hath drawn to himself an Arbitrary Power Whereas my Lord of Strafford to take from himself the Act of Parliament 28 H. 6. enjoyning That Causes should be referred to the proper Courts urged the last words Saving the Kings Prerogative We do observe That when he is Charged with an Exorbitant proceeding
the Laws and Government of the Kingdom and the use made of the words is not that they are in themselves Treason but as they prove that intention But this is the work of another time being matter of Law and therefore Mr. Whitlock said he would say no more to it now neither doth it require his Answer nor is it at all to this business My Lord did much insist on it that there was no mention by any of the Lords that were of the Committee for the Scotch Affairs concerning the words of bringing the Army out of Ireland to reduce this Kingdom diverse of their Lordships being to that point examined But Mr. Treasurer Swears in the Affirmative he heard the words spoken and when they come to sum up the rest of these words and applying them to this shew the dependance they have one upon another their Lordships will see plainly that must be his intention and that there could be no other interpretation of his words It is possible for some that were at the Council not to hear the words and yet that disproves not a Witness that sayes in the Affirmative he did hear the words And though some of my Lords do not remember some other passages as That His Majesty was loose and absolved from all Rules of Government yet that is proved by two Witnesses and though the rest remember them not yet that stands clearly proved Other things which some of their Lordships did not remember were proved by three Witnesses Whence it may be deduced that what Mr. Treasurer deposes is to be believed though some of my Lords that were present did not remember it By making a sum and Collection of the words and comparing one with another it will appear very clear that my Lord of Straffords intention was to bring in that Army to reduce this Kingdom And first their Lordships will remember the words that passed betwixt Sir George Rateliffe and Sir Robert King and the Relation between my Lord of Strafford and Sir George Ratcliffe And before my Lord of Strafford came out of Ireland he gave direction to Sir George Ratcliffe and afterwards on a Discourse Sir Robert saying how my Lord of Strafford and how the said Sir George Ratcliffe had least cause to desire a War Sir George replyed We are ingaged not himself onely but We speaking of my Lord of Strafford are ingaged in a War and Sir George sayes further that the King hath 30000 Men and 400000 l. in his Purse and a Sword by His Side and if he wanted Money who would pity Him which cannot be intended but by raising of Money on the Subjects of England But besides their Lordships may remember the expression of my Lord Ranalaugh and Sir Robert King that these Forces were intended to be used for raising Moneys here and that my Lord of Strafford offers to sell his Land in Ireland Besides his Brother said the Commonwealth is sick of Peace and would not be well till it was Conquer'd again which must imply Force and an Army to do it It is a Proof of my Lord of Straffords intention that a Parliament should be summon'd to give Supply and if not that then it should be Dissolved and other Courses should be taken My Lord Primates Deposition is that in case of necessity His Majesty might use His Prerogative might levy what he needed only first it was fit to try the Parliament and if that succeeded not then to use his Prerogative as he pleases My Lord Conway proves the same Intention my Lord of Strafford saying to him That if the Parliament supplied not the King His Majesty would be acquitted before God and Men if he took some other course to supply himself though against the will of His Subjects And it cannot be intended to be against their will but it must be by force for if it be with their will it is voluntary And Mr. Treasurer proves that my Lord would be ready to serve the King any other way that is by Force by Armes or any way whatsoever Their Lordships may remember his words to His Majesty That the Parliament had denyed to supply Him that they had forsaken Him which was onely to incense His Majesty against Parliaments He told my Lord of Bristol in that Discourse with him that His Majesty was not to suffer Himself to be Mastered with the frowardness and undutifulness of His People and if His Majesty was not to suffer Himself to be Mastered by them but to Master them it cannot be but by strength of others My Lord of Holland proves more fully and my Lord of Newbrough concurs with him that His Majesty had an Advantage to supply Himself other wayes because the Parliament had denyed to supply Him And there be no other wayes save Parliament-wayes but extraordinary and illegal wayes My Lord of Strafford hath much laboured to answer and qualifie the last words but he comes short of it And those words are as fearful and of as high a nature as can be expressed by a Subject and by a Counsellor to his Soveraign The first part of the said last words are clearly proved by the Testimony of my Lord of Northumberland and Mr. Treasurer That the King had tryed His People and was Absolved from all Rules of Government That He was to do all that Power would admit that he had tryed all wayes and was refused and should be acquitted before God and men The latter part Mr. Treasurer onely reaches to that His Majesty had an Army in Ireland which He might imploy to reduce this Kingdom and comparing these words with the former if the King be absolved from all Rules of Government Which way can that Power be used but by bringing in an Army the latter words being dependant and consequent to the former and if they be compared together and sum'd up their Lordships will be satisfied that this was the intention of my Lord of Strafford to bring an Army out of Ireland into this Kingdom to reduce it and that his purpose was by a strong hand to compel the Subjects of the Kingdom to submit to an Arbitrary Power and whatsoever should be imposed on them And whereas my Lord makes it a great part of his excuse that nothing was executed upon this Counsel we must give humble thanks to His Majesty for if his Counsel might have taken place no doubt but that had been done which was laboured and advised to be done But a Gracious Sovereign would not take hold on those Counsels but rejected them as to that though so much was done on other Counsels and Misinformations of my Lord of Strafford as my Lord of Strafford will never be able to justifie That nothing is done is no excuse to him It is an Obligation to the Kings Subjects the more to Love and Honor him But it shews clearly my Lord of Straffords intention if it might have taken place to have changed the Lawes to have brought an Army upon us and by
never so many years could not Merit nor Deserve from Him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane sayes I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Counsellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21 th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but onely for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22 th Article is Answered already and the 23 th likewise In the 24 th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitiously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majesties Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should be an endeavourer to Subvert the Fundamental Laws of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time that Parliaments are the Onely Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Lawes of the Land I beseech your Lordships to call to mind how frequently and servently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Lawes of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofes for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the Kings Bench and the Common-Pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the Kings Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the Kings Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeate at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but the taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is very strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of
should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it your Lordships judgement who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the Kings ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that necessity hath surprized him by the Parliaments deserting of him that the Parliament had forsaken the King in denying supply and having tryed the affections of His people he was loose and absolved from all rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his people he was now loose and absolved from all rules of Government which words are proved by two witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his speech pretends that the most material words are proved but by one witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosom friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no money if he did no body would pity him now he had his sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoak of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Penniman himself his own witness and friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one witness And under favour my Lord Cottington if you call to mind his testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects property which must inferre he had advised an Invasion upon the property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own conscience told him he had advised somthing to invade upon the people when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Penniman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved
great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Iudice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruine and Destruction of the Common Wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruine and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be Licenced by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. Monday November 30th 1640. Sir Thomas Roe Mr. Pym Mr. Strode Mr. St. Iohns Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Maynard Mr. Hyde Mr. Whistler Mr. Palmer Mr. Glyn Mr. Solicitor Mr. Selden My Lord Dungarvan Sir Francis Seymor Sir Hugh Cholmely Lord Wenman Sir Io. Evelyn Sir Benjamin Rudyard Sir Iames Thynn Sir Iohn Culpepper Sir Iohn Strangwaies Sir Symon D'Ewes Mr. George Vane Lord Cramborne Lord Compton Mr. Bellassis Mr. Kirton Sir Thomas Hutchison Sir William Bowyer Sir Iames Smith Sir Arthur Ingram Lord Russell Lord Ruthin Mr. Comisby Mr. Noel Sir Thomas Bowyer Mr. Cecill Lord Fairfax Sir Thomas Widdrington Sir Peter Hayman Sir Iohn Holland Mr. Iames Fynes Sir Robert Crane Sir Iohn Corbet Mr. Io. Alford Sir Roger North Sir Edmond Mountford Mr. Whitlocke Mr. Mountagne Lord Faulkland Sir Peter Stapleton Sir Henry Mildmay Lord Herbert Sir Richard Wynn Sir Edward Rodney Sir Ralph Hopton This Committee is to meet with the Committee of 30 of the Lords concerning a Message sent hither on Friday last from their Lordships touching a Message sent formerly from this House to them by Mr. Pym for the Examination of their Members in the Accusation of the Earl of Strafford and touching a free Conference upon the last Point of that Message that some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford The Petition of several of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten directed to the whole House of Commons in England read The Humble Petition of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten To the King 's most Excellent Majesty read The two Gentlemen Mr. Io. Bellewe and Mr. Oliver Castle who brought over those Petitions were called in and demanded by Mr. Speaker several Questions These Gentlemen were again called in and Mr. Speaker told them This House has taken into Consideration your Petition and in due time you shall know the Pleasure of this House Ordered That the Lieutenant of the Tower be required from this House that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford a Prisoner there until further Order be given from this House nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him or if any such be to
namely the said Earl of Strafford the 12th day of December Anno Domini 1635. in the time of full Peace did in the said Realm of Ireland give and procure to be given against the Lord Mountnorris then and yet a Péer of the said Realm of Ireland and then Uice-Treasurer and Receiver-General of the Realm of Ireland and Treasurer at War and one of the Principal Secretaries of State and kéeper of the Privy-Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any Warrant or Authority of Law or Offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the Fourtéenth Year of His Majesties Reign without any Legal or due Procéedings or Trial give and cause to be given a Sentence of Death against one other of His Majesties Subjects whose name is yet unknown and caused him to be put to Death in execution of the same Sentence VI. That the said Earl of Strafford without any Legal Procéedings and upon a Paper-Petition of Richard Rolston did cause the said Lord Mountnorris to be disseised and put out of Possession of his Freehold and Inheritance of his Mannor of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mountnorris having been 18 years before in quiet possession thereof VII That the said Earl of Strafford in the Term of holy Trinity in the Thirteenth Year of His now Majesties Reign did cause a Case commonly called The Case of Tenures upon defective Titles to be made and drawn up without any Iury or Tryal or other Legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that case and by colour of such Opinion did without any Legal procéeding cause Thomas Lord Dillon a Péer of the said Realm of Ireland to be put out of the possession of divers Lands and Tenements being his Fréehold in the Country of Mayo and Roscomen in the said Kingdom and divers other of His Majesties Subjects to be put out of Possession and disseised of their Fréehold by colour of the same Resolution without Legal proceedings whereby many hundreds of His Majesties Subjects were undone and their Families utterly ruinated VIII That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of His Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her Five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every month by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly after were conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of His Majesties Subjects upon pretence of Disobedience to his Orders Decrées and other illegal Command by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and extrajudicial course upon Paper-Petitions to him preferred and no Cause legally depending IX That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of His Majesties Reign assuming to himself a Power above and against Law took upon him by a general Warrant under his hand to give Power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergo all lawful Decrees Sentences and Orders issued imposed or given out against them and them to commit and keep in the next Gaol until they should either perform such Sentences or put in sufficient Bail to shew some reason before the Council-Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrants to several other Bishops and their Chancellors in the said Realm of Ireland to the same effect X. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customs of the Merchandize Exported out and Imported into that Realm to be farmed to his own Use. And in the Ninth Year of His now Majesties Reign he having then Interest in the said Customs to advance his own Gain and Lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customs according to which the Customs were usually gathered at far greater Ualues and Prices than in truth they were worth that is to say every Hyde at Twenty shillings which in truth was worth but Five shillings every Stone of Wooll at Thirteen shillings four pence though the same were really worth but Five shillings at the utmost Niue shillings by which means the Custom which before was but a twentieth part of the true value of the Commodity was enhanced sometimes a Fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great Oppression of the Subjects and decay of
particular witnesses only I shall humbly desire That the Remonstrance of the Parliament of Ireland both of the Lords and of the Commons may be read And they will give a sufficient Testimony of the quality of his Justice 14. The 14th My Lords is this That he hath been a Means to His Majesty for a Parliament in England It is true he was And it is as true that we count that as mischievous a part of his design as any thing else Into what a miserable Dilemma My Lords did he bring the Kingdom that we must surrender the Liberties of the Kingdom in Parliament or see them oppressed with Force and Violence out of Parliament The particulars of this I shall leave for the instant for there is an Article that concerns this I have now passed through all the material parts of the Apologetical Preamble He concludes with a desire That he may not be charged with Errors of his understanding or Judgment being not bred up in the Law or with weakness to which humane Nature is subject Truly it would be far from us to charge him with any such mistakes No My Lords we shall charge him with nothing but what the Law in every mans breast condemns the Light of nature the Light of common reason the Rules of common Society And that will appear in all the Articles which my Colleagues will offer to you My Lords I have some few Witnesses which I shall desire may be heard to the points I have opened and I shall in the first place desire that Sir Pierce Crosby may be heard concerning the breach of Priviledge in Parliament Also Sir Iohn Clotworthy Nich. Barnewell Nich. Plunket and Sir Iames Montgomery I have some Witnesses to the point of Revenue Sir Robert Pye Sir Edward Warder and Sir Adam Loftus Gentlemen You who are of the Committee I am commanded to let you know That the Lords will allow you all the Testimonies you can produce to make good the Impeachment but the Witnesses which you do produce must be deposed before their Lordships Mr. Pym replied My Lords the Commons agree to it and in the first place we shall call Sir Pierce Crosby who was sworn accordingly My Lords I humbly crave leave whether I may not make my exception to any Witness Yes you may We desire to be heard upon that point of Exception That if my Lord of Strafford will make any Exception why a Witness should not be heard at all it may be according to the Rules of Justice The Lord High Steward declaring the Prisoner might except against the person of the Witness if he have just Cause my Lord of Strafford proceeded in substance as followeth My Lords I humbly conceive that I have against this Gentleman Sir Pierce Crosby just occasion of Exception as not being a competent Witness for that the said Sir Pierce hath been sentenced in the Star-Chamber for a very undue practise against me tending to no less than the taking away of my Life charging me and practising to prove it by Testimony of witness that I had killed a man in Ireland whom I protest I did never so much as touch That ever since the said Sir Pierce having broke Prison and made an Escape out of the Fleet he hath remained abroad and never came hither till such time as the Parliament sate here and now is returned to make Complaint in this business against me or indeed against the Court of Star-Chamber rather And standing thus whether the said Sir Pierce shall be allowed a Witness against me I humbly refer it to Your Lordships Judgments My Lords We expected my Lord of Strafford would have shown on what reason Sir Pierce was censured for a man Criminous in one kind may be nevertheless fit to give Testimony in another kind If it be a particular practice against my Lord of Strafford when their Lordships have heard what that practice was and have heard likewise the Witness they will believe him according to the weight of the Testimony compared with the fault or whatsoever else is in the Sentence But in the mean time they conceive it is no Exception but that the Witness should be heard This that is charged on my Lord of Strafford being a Crime of High Treason it concerns the Common-wealth the King being party and not the Witness that is produced And whereas it is informed that Sir Pierce Crosby brake Prison The Gentleman tells us it is not so he paid the Kings Fine and so was discharged But though he had it will not take away his Testimony when he is present which he said he spake only to give satisfaction to that aspersion I must desire their Lordships directions whether Sir Pierce Crosby be allowed notwithstanding my Lord of Straffords exceptions against him and Mr. Maynards allegations why his Testimony should be given in this case or no And divers of their Lordships called to have the House Adjourned to the House above that they might there debate and determine it Mr. Pym did thereupon offer that they will at present lay him aside till their Lordships have had opportunity to consider and bring him again to morrow whereunto Mr. Maynard added this further We desire rightly to express our selves to Your Lordships We will lay him aside till Your Lordships have heard others not that they wave him wholly And we pray it may be so entred The Lord Steward declaring it so to be It is so understood In the next place we desire that Sir Iohn Clotworthy may be called whom we produce to this point That during the Parliament in Ireland for speaking against a Bill in the Commons House he was threatned by Sir George Ratcliffe whom we take to be bound up in one Cause with my Lord of Strafford and to be moved by my Lord of Straffords spirit and that Parliaments are not Priviledges when Parliament Liberties are not observed Sir Iohn Clotworthy was sworn My Lords We desire he may be asked whether for having delivered his Opinion against a Bill preferred to the Parliament in Ireland by the Earl of Strafford about the 10th year of this King he was not asked by Sir George Ratcliffe concerning a Lease that he had the question intimating a Threat that he should suffer for speaking so freely To which he answered My Lords In the 10th year of the King I serving in Ireland in Parliament did Vote against a Bill as soon as I had Voted against it Sir George Ratcliffe being one of the Tellers on his counting the numbers how many Yea's and how many No's He came to me and said thus Have not you a Lease in such a place I told him yea remember that saith he This is all I can remember And this he added was in the Commons House 2. He being interrogated whether he knew any thing of Sir Pierce Crosbies Commitment or no He answered I know it only
man without the precincts of the Court. That my Lord of Strafford fell on his Knees and besought the King That if his Instructions might not be so good as to bring in a Delinquent that had affronted the Court if by stepping over the water he should go beyond the precincts of it he might leave that Service and lay his Bones in his own Cottage That his Father was Arrested in November 1632. as he takes it and was kept 18 Weeks before he was discharged Evers Gower Sworn and Interrogated about the time of his Fathers Arrest Answered That it was in November 1632. and his Father kept in Prison 14 or 18 Weeks but referred to his Brothers Deposition for a more particular Answer To the matter of Prohibitions Iohn Musgrave Sworn was examined Whether he knew of any Prohibition sued forth in Vaux his Cause And whether a Warrant were granted to Attach What Threats my Lord of Strafford used to the party that sued it out being after Octavo Caroli After some Exceptions taken to it by the Earl of Strafford as not being within the Charge The Witness Answered That he knew of an English Suit between Musgrave and Vaux That upon notice given by Musgrave a Prohibition was procured Direction was given that an Affidavit should be made of serving the Prohibition That Affidavit being made a Warrant was directed to the Pursevant or his Deputy to Arrest Vaux On which he was Arrested and Rescued That after Affidavit made of the Rescue a further Warrant was sued forth for bringing in of the Rescuers from London which Warrant was now produced That the Rescuers being thereupon brought to Yorke and having lain several days in Prison an Information was Exhibited by Sir George Ratcliffe then the Kings Attorney at Yorke by relation of Francis Musgrave To which they did Answer And after upon full hearing That before the Censure he the Deponent in Michaelmas Term before 1632. did come to London on behalf of Francis Musgrave to move the Court of Common-Pleas to have the Prohibition dissolved And likewise Vaux did procure a Rule for a Prohibition in the Information Cause which the Witness offered to shew under the Court Hand That it was moved by Sir Robert Heath that the difference might be referred to Mr. Justice Hutton and Sir Robert Heath That he the Deponent undertook for Musgrave and Vaux did submit That afterwards by Sir George Ratcliffes direction thinking it not fit to refer the Cause it concerning the Jurisdiction of the Court of York My Lord President being acquainted with it the Reference went not on that Term but stayed till the Presidents pleasure was known with which Mr. Justice Hutton was made acquainted That in December upon his this Deponents return to York and upon hearing the Information Cause December 1632. Sir George Ratcliffe did offer to the Court the Lord President being there whether he might go on in the Information Cause for that there was a Reference between Musgrave and Vaux to Justice Hutton and Sir Robert Heath or whether the Reference might go on or no That the Lord President thereupon answered That a Rule for a Prohibition was no Prohibition but if there were one he would not obey it And whosoever brought a Prohibition there he would lay him by the heels And as he the Deponent remembred he directed his Speech to the Register of the Court and told him there was a Letter from the King to that purpose but that he said he could not very well remember And as touching the Reference my Lord said It was a Cause that concerned the Jurisdiction of the Court of York and no private man should end it He would try the Jurisdiction of the Court upon it and the next Term would go to London and acquaint the Judges with it and if they remanded the Cause back again so if not he would Appeal to the King in it That after Christmas in Candlemas Term 1632. He the Deponent went to London with my Lord and moved again for dissolving the Prohibition and for Liberty to proceed That again it was agreed between the Judges of that Court and my Lord to have a Treaty And several Treaties they had but could not agree The effect of the Treaty was That if a Trial could be directed at Law upon a fained Action I should go to Law reserving the Equity to the Court if not that the Judges would remand the Cause back again But after they had several days met and no Trial could be directed nor any Action devised at Law to try it my Lord thereupon said He would give no further meeting but would Appeal to the King and the party should Petition On which a Petition was drawn which the Deponent offered And the Judge speaking something of Vaux my Lord said he should not be in England but he would have his Body or words to that purpose F. Thorpe Sworn being interrogated touching some words he heard Mr. Justice Hutton speak touching these Prohibitions and some other things in that point He Answered He would give the best account he could of what passed being divers years since That he was with Justice Hutton in his Study and they had Conference together as they had many times touching that height that my Lord of Strafford was pleased to carry the business of York-shire with And that amongst other things my Lord was pleased to say my Lord had been with him and shewed himself very angry with him because he had granted a Prohibition And this is all he could remember He took it to be seven years ago and in the Cause that concerned Vaux as he took it and this was at London And added That the Judge spake with a great deal of Passion to think things should be carried in that manner as they were that the Judges should not have Liberty to grant Prohibitions For the Judge said that he had thus debated the business with my Lord Why should you be angry for granting of Prohibitions They in the Kings-Bench can grant Writs of Error to examine our Proceedings and we think it no offence and hold our selves as able to Judge as they And it is the Justice of the Law that requires it to be so and therefore you must submit to us as we must submit to them F. Thorpe being asked what he knew of my Lord of Straffords distast against them that sued out or solicited or councelled Prohibitions or Habeas Corpus's He first desired to be excused from saying any thing that concerned himself but being commanded to speak He Answered That he would speak nothing but the Truth if he must do it though he perish for it And he professed that he had not spoken in any place to any person what he was now to say That in the beginning of my Lord of Strafford's time it fell to him in his ordinary course of Practice to move for a Prohibition and on his motion some were obtained That he was informed
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
I told the Lieutenant that I did hold the Council-Chamber could not hold Plea of this and thereupon cited 28 H. 6. the Book of Orders the Proclamation Then I moved his Lordship that in regard Gwyn was a poor man and not answerable and might get the Rents being near 100 marks a year he might give security for the Rents if I should recover them by course of Law That my Lord of Strafford thought it just it should be so entred in the Order And being asked how that came to be left out He Answered That Sir Paul Davis the Clerk of the Council told him my Lord of Strafford found fault with it and struck it out with his own hand Being asked what words he heard from my Lord of Strafford concerning the said Order at Council-Board in King Iames his time He Answered That there was a Parsonage in the County of Kerry in his Presentment and it fell void the Dean and some others commended one Atkinson to be his Vicar That on their Commendation not knowing him himself he presented him without any consideration That Atkinson afterwards fell into decay and was Imprisoned and the Prison being very loathsome the Bishop wrote unto him this Deponent and sent him a Lease under the Hand and Seal of him the said Bishop and the Incumbent with a Label for his the Deponents hand and desired him to seal it for 40 s. a year to another that Atkinson might pay his Debts and stock himself with Cattle That he the Deponent refused it though brought 50 miles from his House fearing it might be prejudicial to the next Clerk That the Bishop sent Atkinson's Wife back over the Mountains with his Letter and the Lease and he the Earl of Corke did sign it then For seeing the misery of the poor Woman and her Children he thought it a work of Charity and it continued so till my Lord of Strafford came to the Government That then he had a Bill preferred against him in the Star-Chamber for breaking an Act of State That none should make a Lease for longer than the Incumbents life and desired that the Bill should be read in all the Proceedings of it That thereupon he told the Earl of Strafford it was a work of Charity and he never heard of such an Act of State being not published and made in King Iames his time and in the Lord Grandisons Government who are both dead And therefore he conceived there was no cause to charge or prosecute him for it being but an Act of State That my Lord of Strafford Answered I tell you my Lord as Great as you are I will make you and all the Subjects of Ireland know That any Act of State made or to be made shall be as binding to you and the Subjects of Ireland during my Government as an Act of Parliament Being asked on my Lord of Straffords motion whether the Order made in the Case of Gwyn was not made by the major part of the Votes of the Board He Answered That he did say that it was Voted at the Council-Table but he knows not whether it were done by the major part and afterwards with a lower voice His Lordship added that he thinks it was never Voted Iohn Waldron Sworn was examined touching the words my Lord of Strafford was charged to say touching an Act of State being equal to an Act of Parliament and the occasion He Answered It was his chance to be at Council-Table when a Cause depending between the Merchants of Galloway and some others that prosecuted the business in behalf of the Church about a Lease made by the Dean of Derry which was debated at the Council-Board And there was one Mr. Martin of Council for the Merchants and he pressing hard for his Clients It pleased my Lord to think he had over-shot himself or was too forward and asked what he had to say that he prest that Cause so hard That Mr. Martin Answered him He had an Act of Parliament or Statute or to that purpose That my Lord of Strafford Replied again Sir I will make you know That an Act of this Board shall be as good as any Act or Statute or words to that effect Iohn Kay after some Exceptions taken by the Earl of Strafford against him as no fit Witness in respect of his prosecuting a Suit against his Lordship for the Lady Hibbotts which was Over-ruled by their Lordships was sworn and being asked touching the said words to be spoken by the Earl of Strafford and the occasion and the time He Answered That he was present at Council-Table by chance when there was a Cause wherein Mr. Martin pleading for his Clients My Lord-Deputy then asked him What made him so earnest for it He said He had an Act of Parliament or Statute to justifie his Cause Hereupon my Lord-Deputy Answered He should know that as long as Himself sate in that Place An Act of State should be as strong as an Act of Parliament or words to that effect Being asked of the time He Answered He doth not remember the time but it was three years and upwards It was before Iuly 1637. but the Day and Year he remembers not but it was in the Case where Mr. Martin was Council My Lord Corke being asked about the time he said It was in 1635. about February Mr. Waldron being asked Whether it was in a Church-Cause Answered My Lord-Deputy made an Offer That if they would take a Lease for 21 years at full value they should have it But if they would stand on the Trial of the Lease they must take the adventure And Mr. Hoy being asked Whether it was a Church-Cause He Answered He conceived the Church was Interested in it Lord Kill mallock asked Whether he heard my Lord Strafford say An Act of Council should be as Valid as an Act of Parliament when on what occasion and to what scope He Answered That he was at Council-Table some four or five years ago and there did hear my Lord of Strafford say to one of the Council he cannot say it was Mr. Martin He would have him know as long as himself was Governor An Act of State should be as binding as an Act of Parliament on what occasion he cannot say He further said That in the 10th Year of the King in the Parliament held in Ireland he heard Sir George Ratcliffe my Lord of Strafford's Eccho in that House say On occasion of a Bill that was cast out in that House making it Felony for any to have Powder without Licence It is all one he would have an Act of State for it which should be as binding as an Act of Parliament Sir Pierce Crosby was asked Whether he heard my Lord of Strafford at another time say An Act of Council should be as valid as an Act of Parliament when on what occasion to what intent He Answered That he doth very well remember the words the time not precisely but he was sure it was soon
after my Lords coming into Ireland and before the Parliament and was the cause of the first Exception against him the said Sir Pierce Crosby for he reasoned it with his Lordship being at his own Table at Dinner there being then present and sitting next to him a Member of this Honourable House my Lord Castlehaven There were likewise my Lord Osmond and several others of the Council of Ireland The words were these That if he lived He would make an Act of State to be of equal Power with an Act of Parliament That he the Deponent thought his Lordship spoke it merrily and answered him in the same kind saying My Lord when you go about to do this I will believe some body will rise as an English Gentleman did in England and desire a Clause of Exception that it may not reach to himself his Kindred and Friends That my Lord of Strafford looked on him very earnestly and said He would take him whosoever he was and lay him by the heels That this was in Parliament time And he the Deponent would fain have qualified it but Parliament or not Parliament says my Lord Ireland is a Conquer'd Nation and the Conqueror should give the Law That he the said Sir Pierce Crosby Replyed My Lord then I beseech you give me leave I am one of those that must uphold an Act of State by all lawful ways having the Honour to be a Member of the Government though unworthy What will be alledged on the other part they will say an Act of Parliament attaints and restores Blood and doth many things an Act of State cannot reach to for it is confined within the limits of the Government That my Lord having not to Reply to this rose in some choller and told him the Deponent of something else he conceived he the Deponent had done amiss at Council-Board on a Statute that was in debate And so the Manager concluded the Article with thus much more The Article in the conclusion of it charges him with scorning the Government and Laws And it was desired their Lorships would take notice of what is proved out of these words and the concurrent proof Yesterday The Earl of Strafford begins his Defence saying First I must stand upon the truth of my Answer which must be good till it be denied so far as goes to matter of Misdemeanor I have not had time to examine Witnesses having not liberty till Friday last which I urge by way of excuse if my Answers give not full satisfaction Here is an Order of the House of Commons there whereby your Lordships may perceive how unlikely I am to have any thing from Ireland that may work to my Justification which was read and bears Date 25. February 1640. Authorising those undernamed to go aboard any Ships and seize search and break up all Trunks Chests and Cabins aboard To seize on all Silver and Gold except small Sums and all Debts Evidences and Writings as they shall think fit of him the said Earl of Strafford This his Lordship conceived to be a great Violation of the Peerage of the Kingdom For making good of his Answer his Lordship Alledged That the Council-Board of Ireland is a Court of Record which differs much from the Council-Board of England and that they proceed there by Bill Answer Examination Publication and all the formal courses of legal Proceedings That my care to preserve the Authority of the Deputy and Council is not a Subversion of the Laws Only it directs it and puts the execution of the Law another way That for Reasons of State it must be preserved being the place of Resort for Protection and Defence of the English Planters and Protestant Clergy I shall produce and acknowledge the Instructions made 22 Iac. and I shall read part that bounds the Council-Board particulary mentioned in the Reply to the Third Charge I desire a Book may be read a Book in the hands of Mr. Denham containing certain Answers given by the Lord Chichester to certain Complaints made against that State and written with Mr. Baron Denham's own hand which on debate was Resolved not to be read being written only for a private Remembrance I shall refer to my Lord Ranulagh's Deposition the other day to satisfie your Lordships touching the Proceedings at Council Table To prove the Council-Board to be a Court of Record Robert Lord Dillom being asked Whether before my Lord Strafford's time he had not known always during his memory the Deputy and Council in all causes of Plantation and the Church proceed by Petition Answer Examination of Witnesses Publication and Hearing as in other Courts of Equity and upon Oath He Answered That he remembers in my Lord Chichester's time of Government it was the practise of the Board so to do That he remembers it in my Lord Grandison's time that he had the Honour to be called to the Council-Board under my Lord Faulkland's Government and knew it then And it was in the Justices time that preceded my Lord Strafford's Government To have Petitions Examinations of Witnesses Publication a day of hearing granted and all ordinary Proceedings Being asked Whether at that Board they have not been punished who have disobeyed Proclamations and Acts of State before my Lord Strafford's time and how long He Answered That out of his Observation at Council-Table Acts of State were made because of the scarcity of Parliaments that they might be a Supplement to Acts of Parliament that he hath known before and when he sate at the Board on contempts of these Acts of State or Proclamations which he said he had heard the Judges say to be a kind of Law of the Land for the present the Parties were Attached brought to the Board and upon full Examination of the Cause and Proof of the Contempt sometimes Imprisoned sometimes Fined according to the Delinquency and Degree of the Offence supposed to be committed Being asked of Fines in Cases between Party and Party He Answered That he doth not remember any Fine imposed in a special Cause betwixt Party and Party Sir Adam Loftus being asked to the same purpose He Answered It hath ever been since his remembrance the constant Practise there in Causes of the Church and Plantation to proceed on Petition Answer c. and Fines imposed on Breakers of Publick Acts of State and Proclamations But he remembers not any Fines for Contempts in case of particular and private Interest We shall admit it to have Cognizance of matters of Plantation and Church and such as are recommended from the King to the Council here But not to be a Court of Record From these Proofs I infer That the Council-Board there hath another Constitution then here where it is only a Court of State I shall produce the Order made in my Lord of Corke's Case which I observe to be in the Case of the Church and so within the Cognizance of Deputy and Council The Order was read being signed by Sir Paul Davis
for him towards the upper end of the Table And there stood charged with several dis-respectful words spoken by him and the words mentioned in the Censure that was read were the words That he was charged to have spoken those words in breach of certain Articles by which the Army of Ireland was Governed the 13th and the 41st That there was much interlocution from my Lord Deputy to my Lord Mountnorris and returned from my Lord Mountnorris to my Lord the substance was That he was ready to give his Charge That he had violated those Articles That my Lord Mountnorris desired time to answer by Counsel and that he might have his Charge in writing That being not readily granted he insisted on it That he might have time to prepare his Answer but was told it was contrary to the form of that proceeding But whether that Objection of the form came from my Lord himself or from some other Member of the Board that I heard before named I cannot possibly say But thus stands the state of it my Lord Mountnorris neither confessing nor denying the Charge my Lord Deputy replyed Sir If you do neither confess nor deny the Charge how shall we proceed The Deputy called on the Lord Moore and said What shall we say to this business My Lord saith the Lord Moore what I can say is under my Hand That a little time after a Letter was read from the King whereby His Majesty was pleased to give direction to proceed in a Martial Court for Reparation and Honour of the Lord Deputy on the Complaint and Information given to the King That my Lord Mountnorris instantly fell on his Knees expressing a great deal of Grief and Sorrow and in truth Passion and had not much to say for himself and soon after was bid to withdraw and being withdrawn my Lord Deputy said That as he had complained to the King so he would expect that Honour from the Board That his Cause should be taken into consideration and such Redress given as was fit He demanded Justice according to the Articles insisted on And having declared it there was a silence amongst us for some time That he was the first that brake that silence and in as humble manner and terms as he could light upon did humbly desire my Lord Deputy to give him leave to ask whether he would give leave to wave either of those Articles but my Lord said he would demand Justice on both That this being so there was some Interlocution of discourse among the Council and in truth he thinks that he was one of the first that said that these Articles and the words cannot bear so good a construction but that there may be some danger of a breach upon these Articles Being asked whether the words were not represented to the Council of War in a Paper written and the Testimony given in pursuance of that Paper He Answered That as he remembers my Lord Moore having made a return to my Lord Deputy My Lord What I can say your Lordship hath under my hand he thinks my Lord Deputy said My Lord if you deny it I have it under your hand to shew And thereupon as he remembers the Clerk of the Council standing by had direction to draw up some Interrogatories which my Lord Moore did acknowledge and Sir Robert Loftus too did affirm that they were spoken by my Lord Mountnorris as much as was mentioned in the Paper Being asked how many Companies of the Army were then in Town how many in a Company and whether they were exercised in a more than ordinary Training and how many Companies the Army consists of He Answered That he thinks the Horse-Troops were 40 or 50 at the most some my Lords own The Foot-Companies were 50. And of those Companies there were he takes it two Horse-Troops besides my Lord 's own Troop and four Foot-Companies they were called up to guard and attend our Occasions in Parliament and they did their Duties as Souldiers every day as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw and there are forty Companies of the old standing Army Being asked on my Lord of Straffords Motion Whether my Lord of Strafford did not declare he would not give Judgment in the Cause but Appeal to them as a Suitor for Reparation He Answered That my Lord of Strafford held them to the Point of the Articles demanding Justice on the Articles that he said sometimes he would depend on our Judgment in it and yet he would hold us to the Point of the Articles And further that if there were not a necessity of his being there he would have withdrawn too But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation but he held them to the Point of the Articles Being asked on my Lord of Strafford's Motion Whether he did not tell my Lord Mountnorris when he went out of the Room that he would not speak a word till he came into the Room again and whether he did not do it accordingly and whether he sate bare all the while as a Party and not as a Judge In answer he desired leave to offer to their Lordships that he acquainted their Lordships before that as soon as my Lord Mountnorris was withdrawn my Lord did declare what he the Lord Renula had formerly said But after the Council fell into debate of it he spake not a word nor gave any interruption And he cannot positively say that he sate bare all the while Being asked Whether this was not in the time of full Peace and whether any Rebels or Enemies were in the Kingdom He Answered Certainly it was a time of very full and happy Peace To prove that in discourse concerning this Sentence my Lord said afterwards He would not lose the Honour or Share of it The Earl of Cork being asked to that purpose Answered That all he can remember is that the Sentence was publickly read in the Star-Chamber and my Lord said He would not lose his Share in the Honour of it but he cannot remember the day Lord Viscount Dillon asked to that purpose Answered That he happened to be in the Star-Chamber that day by my Lord of Strafford's Command and carried the Sword that day That the reading of the Sentence he remembers not but the words he heard That the Sentence given against my Lord Mountnorris by the Council of War was a noble and just Sentence and for his part he would not lose his share of the Honour of it The Commons proceeded to that part of the Charge which concerns the execution of another man by Martial Law William Castigatt sworn being asked several questions touching that part particularly Whether he knew one executed by Martial Law and by whom c. He Answered Yes his name was Thomas Denewitt and it was last Summer was two years that he was on the Green when he was
Pattern from my Lord Faulkland my Lord Grandison and my Lord Chichester and he did it by the Power he had the Honour to hold under His Majesty as General That yet he used them so sparingly that neither in that time nor in the Government of Munster in which he had as large Authority as ever any man had he never did condemn a man to death in peaceable times and that the Authority hath been good That Martial-Law is so frequent and ordinary in Ireland that it is not to be denied and so little offensive there that the Common Law takes no exception at it That he hath lived to see three or four Parliaments there and they never complained of it And to Govern an Army without Martial-Law is impossible for occasions in an Army rise on a suddain and something must be done on a suddain for example-sake to others That Martial-Law was certainly in Ireland ever since he remembers and long before but it hath been used so sparingly that in the time of Peace for his part he did never know any executed in his time Being asked on the Lord Strafford's Motion Whether he hath known Sir Charles Coote as Provost-Martial of Conaught and Sir Iohn Bower Provost-Marshall of Leimster in time of Peace execute divers Persons Rebels and others by Martial-Law He Answered For Sir Charles Coote he can very well answer though he had Authority yet it is out of his memory that he ever executed any And for Sir Iohn Bower he dwelleth remote from him that the said Sir Iohn Bower hath Authority and so have many other Presidents Marshalls of the Army Provost-Marshalls of every Province and upon great Reasons for it for though they be Inferior men yet the intent of their Commission is but to prosecute those men that cannot be had into the Law that is Rebels and Fugitives and those men he hath heard have been hanged Whence my Lord of Strafford inferred That he had done nothing de Novo That Provost-Marshalls have been always appointed and executed those Places under the General for the time being The Committee admitted that there be four Provost-Marshalls but deny that they exercise Marshall-Law That those Provost-Marshalls have executed divers men to death by Marshall-Law Rebels and Traytors I desire to produce an Order of my Lord of Faulkland's taken from his Book of Entries but being not proved nor written with my Lord Faulkland's own hand the reading of it was not admitted but left to their Lordships Consideration To prove the Practise of the Provost-Marshalls Sir Adam Loftus being asked concerning the Provost-Marshalls executing of Marshall-Law before my Lord of Strafford's time and on what men He Answered That it is most apparent in all times since he can remember Martial-Law hath been executed that 's undoubted But it was on Rebels and Out-Laws and he hath known no other but such executed by Martial-Law Lord Robert Dillon being asked to the same purpose Answered He hath heard the Provost-Marshals have taken and hanged men by Martial-Law in time of Peace since the beginning of King Iames his Reign that of Rebels and Out-Laws there is no question My Lord of Strafford desired to compare his Orders with those of my Lord of Wilmotts And they were compared accordingly in divers Articles His Lordship produced a Copy of His Majesties Letter attested to be a true Copy by Charles Gibson Which was read being the Letter recited in the Sentence of my Lord Mountnorris I observe That the Sentence of my Lord Mountnorris takes notice that the Army was part of it in motion and divers Companies daily exercised and that my self was for the most part there present which shews the truth of my Answer to that Point in part To free my self from the said Sentence I desire a Letter from my self and Council of War to Secretary Cook 13. December immediately after the Sentence may be read to shew that I was a Suitor to the King in my Lord Mountnorris's behalf But being after the Sentence and written by himself and the Council of War for extenuating of the Fact the reading of it was over-ruled I conceive my Lord Renula and Lord Dillon made it appear that I declined giving Judgment in the Sentence But for further proof Sir Robert Farrer was asked Whether my Lord of Strafford did not declare he would be no Judge nor give Opinion in that Cause and whether he sate bare He Answered That he was present at the Sentence and heard my Lord of Strafford say that he would give no Judgment nor have to do with the business concerning my Lord Mountnorris and he sate a good time with his hat off Being asked on one of the Committees motion touching his pressing of both the Articles He said He acknowledged my Lord did require Judgment on both Articles and yet sate silent at the time they were upon the Sentence Being asked Whether my Lord of Strafford did not desire them to regard him no more than an ordinary Officer and do no otherwise than in reason and judgment they should think fit He Answered My Lord of Strafford said these very words That they should not look upon him but go to the Cause according to their Opinion directly And being asked Whether my Lord Mountnorris was a Captain of the Army He Answered Yes and the Council did admit it Sir George Wentworth being asked to the same purpose as Sir Robert Farrer He Answered He was present at the Sentence and heard my Lord of Stafford say publickly He did not sit there as a Judge and that he would give no Vote in it Being asked Whether my Lord of Stafford did not tell Sir George Wentworth that he should give no Vote in it because he was his Lordships Brother He Answered Yes and he gave no Judgment upon that reason that my Lord of Strafford did publickly bid them all look on him as a private man and sate by as a Suitor not as a Judge and put off his hat at the beginning to speak and sate uncovered all the while till Sentence was pronounced To shew that my Lord Mountnorris was enlarged by me presently after I here produce the Warrant Dated 18. December though indeed he was released 15. December The denial of my Lord Mountnorris to examine Witnesses was by my Lord Cromwell Sir Charles Coote Sir Iohn Burlacy not by me I sitting by as a private party For this I refer to my Lord Mountnorris's own Deposition and my Lord Renula's To prove it further Sir Robert Farrer was asked touching the denying of further time and Council He Answered He cannot tell who denied him he remembers my Lord Cromwell spake something but knows not whether to that effect Sir Robert Farrer being asked on one of the Managers Motion Whether before their coming together they did know the occasion of their meeting He Answered He did not he was warned to attend and did not know the business till he came thither I did never
Communicate it to any man till I brought the Letter because I was resolved to speak of it to no man living and in conclusion left it wholly to the Council For the words That I would not lose my share in the Honour of that Sentence if I spake the words I meant the Justice and satisfaction done me by that Sentence being by the prime Officers of the Kingdom And whereas it was said yesterday that though I thought it hard to lay words to my Charge yet I thought it not hard to lay words to the Lord Mountnorris his Charge there is a difference between laying words to a man's Charge to Accuse and Condemn him of High-Treason to loss of Estate Life Honour and Posterity and pressing words to only two days Imprisonment being only intended to discipline my Lord Mountnorris and teach him to govern his Speech with more modesty His Defence to the business of Denwitt's Execution He confesses his Vote concurred and thinks he had Authority and may justifie it He produced the Sentence Dated 13. February 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef and running away from his Colours in breach of the 9th and 6th Articles for which he was sentenced to Death according to the use of Martial-Law His Lordship opened the Nature of the Offence being committed at a time when the 500 men were attending to go to Carlisle and the Example might be dangerous and desired Sir George Mountnorris might be asked Whether Denwitt was not convicted to be guilty adding that he had been burnt in the hand and running from his Colours is death by the Laws of Ireland He produced a Statute of Ireland 20 H. 6. C. 19. whereby it is Enacted That every man that receives the King's Wages and departs from his Captain c. shall be proceeded against as a Felon As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony and the Offendor to undergo punishment of Law And 10 H. 7. all Laws formerly made in England are to be in force in Ireland and so that of 7 H. 7. For further clearing whereof he refers himself to the Council One of the Managers did make Reply in substance as followeth That if this Fact be not Treason yet it seems to prove his Intention to subvert the Law which is Treason Whereas he hopes for the King's Mercy so the Commons do as really trust for the King's Justice The Commission he insists on is limitted with Si opus fuerit and the King intends Execution according to Law Magna Charta and the rest of the Laws of England being of force in Ireland There hath been an Army in pay in Ireland since Henry the Eighths time and so there are some in pay here in Portsmouth and Plymouth and yet it follows not England must be Governed by Martial-Law The Lord Wilmott was produced by him to justifie the publishing of Orders and exercise of Martial Law in Ireland But we Appeal to your Lordships Whether he gave Testimony of executing any by Martial-Law Sir Adam Loftus says There are Provost-Marshalls and they do use to put men to death but they are Rebels whom they execute which squares not with this Case only that of Sir Thomas Wayneman is a full President For the King's Letter it is written on his Information and if the King's Ministers misinform him He is just before God and men and the Letter directs Reparation as it was fit there should be My Lord pretends he was no Judge in the Cause your Lordships may remember who procured the Letter to proceed and who sate there to manage the business though he sate with his Hat off if he would have been indifferent he should have left the Counsellors to themselves And when some moved they might proceed on one Article he cryed both and so he was the Procurer of the Sentence with which he is charged not with the Voting of it He pretends he sate by and said nothing yet no man talked more at the Sentence than himself He proves not the Course of Martial-Law and there is a Judge-Marshal to whom in any proceedings in a Martial way address should be made and it was desired he might be called to testifie how they went about it Another of the Managers did add by way of Reply That whereas my Lord of Strafford insists much as if Martial-Law were part of the same Law of Ireland but the 25 E. 3. is in force there and that is recited in the Petition of Right in force here as the ground why Martial-Law ought not to be in England and therefore there is the same ground why it should not be in Ireland For that Commission he speaks of Opus est is Martial-Law when there is bellum flagrans but what need was there of Martial-Law in my Lord Mountnorris his Case when he would rather lose his Hand than the Sentence be executed For the Orders made by my Lord Wilmott and others there is difference between making an Order in way of terror for fear of Execution and putting that thing in execution Many Witnesses are produced to prove the practise but not one speaks in point of Execution unless upon Rebels and Traytors and such as would not come into Law whereas my Lord Mountnorris was had into the Law Whereas he takes the Example of those before him the Commons cannot see the Restrictions put upon his Commission for Martial-Law but in the preceding Deputies time there was a limitation that the Provost should leave the Souldiers to trial at Law except in time of War and Rebellion The Statute of 20 H. 6. is against him for it makes the Souldiers running from his Colours Felony and certainly meant it should be tried by that Law that makes it Felony which would have given him the benefit of Clergy not by Martial-Law And though he thinks he may justifie it he falls at last to a Pardon He says He acquainted no body before hand with the business but if he may give the Interpretation he will be sure to put a good end to it if he would not prepare the Council for Justice why should not the Delinquent be prepared The words are pretended to be spoken in April my Lord of Strafford procures the King's Letter in Iuly and questions it not till December here is no opus est The very words of the Order the Witnesses were examined by our Command which make it his own One of the Managers desired that two of the Instructions of former Deputies might be read To this my Lord of Strafford excepted as supplemental and dangerous and not warranted by any other Judicature After some debate touching the admitting of my Lord of Ely to be examined to the Course of Martial-Laws in Ireland being new matter arising out of his Answer It was Resolved that he should be examined only to that new matter The Earl of
to the destruction of the Law he flies to the Kings Prerogative for shelter That to mention the Kings Prerogative in the face of the Peers of the Realm and in presence of all the Commons when he is charged with an Exorbitant proceeding to the Subversion of the Laws is but to cast a Scandal upon the Kings Prerogative and to make it have a worse relish whereas the Law supports the Kings Prerogative and the Subject supports it When his Answer is charged not to be according to Truth he casts a Gloss upon it from the easiness of his being mistaken whereas when he is able to justifie it he glories in it as that whereto he must stand or fall That the Letters Patents which my Lord of Strafford produces rise in Judgment against him for the King hath trusted him ad custodiendas leges Regni and therefore if he hath broken through them he hath broken his Trust. He says It is strange the exceeding of Jurisdiction should be laid to his charge as Treason He is charged with the Subverting of the Law and that 's more than the Exceeding of a Power He read the Instructions to warrant his Act and by these the Commons desire to be judged whether they do not in the Negative say there shall be no such Proceeding before the Deputy and yet he will imply there have been proceedings to the contrary which we cannot see He justifies his Proceedings by former Deputies and hath produced Henry Dillon who hath seen several Proceedings in Sir Henry Bagnalls time and others where Orders have been made by the Deputy alone but the Orders themselves are not brought whereas if they were looked on and consideration had what results out of them their Lordships would not have suffered them to be read without Attestation that they were true Copies But now whether they be entred or no or what other Proceedings there were the Witness doth not know and therefore they are no Evidence nor in truth ought to be offered And the Witness being asked what the Orders were he says one was a Reference and whether Witnesses were examined he says he doth not know He produces my Lord Dillon and we offer to be adjudged by him for he says He knew not any Deputy before my Lord of Strafford that hath intermeddled with matters of Land except in Plantation and Church Causes and this Order is charged to be made by him alone He pretends this is a Court and a Prerogative of the Sword We know not whether my Lord of Strafford intends to keep it by force but whereas he produceth a Commission for giving Oath to the Clerk of the Council this Commission needed not if it were a Court for the Court it self would give an Oath and whereas he mentions it to be in the nature of the Court of Requests we would gladly know whether there be not Authority in the Judge to give an Oath He produces several Orders in my Lord of Faulkland's time The first is expresly for Plantation Lands and there was no determination in Equity or otherwise The second Order he produced in my Lord Faulkland's time was a meer Green-cloth Case and nothing to this purpose The third Order produced was in a business recommended from England to my Lord of Faulkland and such Causes as are out of the Instructions excepted The Order in the Lord of Corke's time was but an Order of Reference to the Archbishop and a Reference is no Determination a private person may do as much So that we observe nothing hath been offered to prove that a Deputy alone hath determined matter of Possession and in this we rest with confidence That none ever did before himself and shall therefore desire the Examination of some Privy-Counsellors He produced a Letter from His Majesty to proceed in such Causes But if by Law it ought not to be then a Letter and Authority derived thereby is void and warrants not Proceeding in the Subject the Letter was as just as might be being obtained on his Information to whose Government and Trust His Majesty had committed the Kingdom and if he mis-inform he must Answer it And the Letter is written with caution giving Authority to proceed in matter of Equity as former Deputies had done and if it be not proved that his Predecessors had used such Proceedings where is his Authority He says he hath proceeded according to the direction of the Kings Letter that is he never determined Title of Land but in Equity and when such Causes have come to him he hath referred them to Law which we are forced to disprove that by offering it under his own hand that whereas a Nobleman of the Realm my Lord of Baltinglas had mortgaged to Sir Robert Parkhurst for 3000 l. Land of a 1000 l. year when Sir Robert had Title at Law and might as Mortgagor have entred after the day past Sir Robert prefers a Petition to my Lord of Strafford himself and he without the Council determines the Possession and takes it from the Mortgagee and afterwards he purchases the Lands himself and letts them for 680 and odd pounds a year For my Lord Mountnorris his Imprisonment the Manager said That when his distressed Lady the Mother of Twelve Children Petitioned His Majesty declaring the great Distress her Husband suffered by the Tyrannical Power exercised over them His Majesty like a Gracious Prince referred it to the consideration of the Deputy That on submission he should deliver him out of Prison But when the poor Lady presented it with Tears in her Eyes and cast her self at his Feet though there was a Reference from His Majesty yet he that would at another time shelter himself under the Kings Prerogative refuses to give so much Respect as to entertain it and when the eldest Son came refused to accept it Another of the Managers added That whereas there is a restriction in the Kings Letter That the Earl of Strafford should not meddle with any thing in other Courts they would shew that after two Decrees in a Court my Lord hath on a Petition Decreed quite contrary and it was no Beggars Cause but a Knights and 5000 l. value That to the Kings Letter they will give all Reverence But if my Lord of Strafford had found such a constant practice to be proved he needed no Letter to set up the Jurisdiction that was in him before That this Letter under the Signet can give no Countenance against an Act of Parliament which Orders That the Deputy shall not meddle with Causes but remit them to their proper Courts and no other Exposition can be given of the saving of the Kings Prerogative but only a reservation of His Liberty to Sue in any Courts And for him to seek by mis-information to procure a Letter from His Majesty for a Power not warrantable by Law he conceives it an Abuse of His Majesty and that makes his fault the greater and he instanced in the Marquess of Dublin who for procuring
should think fit according to the demerit of the Delinquents and to be kept there until they made submission and then to return and not before And the like Warrants were issued to others and to the Subjects of that Realm who were forced to submit to his illegal Commands and this is charged to be a levying of War against the King and his People Your Lordships may please to remember what a Power my Lord of Strafford had assumed to himself from the Courts of Justice established by Law in taking to himself an Arbitrary Power to determine Causes on Petitions and that without any legal Process And he intended to himself an execution of these Orders in this manner If a Petition was presented First a signification went to the Party that he should satisfie the complaint else shew cause if he did not appear then there went a Messenger or Pursivant on his Affidavit that the Party was not found as well he might not be found then an Attachment after that the Sergeant at Arms. This Sergeant at Arms had always with him a Warrant dormant not a particular Warrant in the Case complained of that whensoever he should have an Order to fetch any man in if once he had made Affidavit he could not be found he was by virtue of that Warrant to repair to the next Garrison and there to take such numbers of Soldiers as he thought fit and quarter them on the House of the Party and this was as ordinarily executed as any powers of Law in legal Cases In the execution of this the Party suffered as much insolencie as is incident to War their Catel taken their Corn thrash'd out their growing Corn cut their Houses burnt and some exiled and forced to leave their Countrey and flie to remote places by reason of their Soldiers insolencies The method propounded is First to prove the Fact then to observe the nature of the offence both from the Stat. of 25. Edw. 3. and also from a particular Stat. in Ireland 18 H. 6. whereby the Offendor in this very case is adjudged to be a Traytor Mr. Savil the Sergeant at Arms produced and sworn and a Copy of his Warrant offered My Lord of Strafford excepted against the reading of the Copy in a Charge of High Treason adding that it concerned him very much he being to be tryed for his Life and Honor since upon this the whole Charge was to be grounded On other things he did not insist so much but submitted to their Lordships pleasure because they said they would consider them in their Judgement but this being the ground and foundation whereupon they intend to charge him with High Treason he besought their Lordships to consider it with that Honor and Goodness and Justice they did in all things Mr. Glyn in Answer alledged that their Lordships had over-ruled it in the Case of the Bishop of Down That suppose a Warrant is offered by force whereby High Treason is committed if a Copy may not be given in evidence then let him that is guilty in such a Case get away the Originals it cleares him of the Treason besides it is no matter of Record and Mr. Maynard observed That if one writes a Letter and therein commands one to commit Treason if the Letter be burnt this man shall not prove the Command if only the Original must make it good Mr. Savill being asked what was become of the Original Warrant He answered it was in Ireland he not expecting any question about this business but this was the Copy of it and under his own hand My Lord of Strafford offered to their Lordships that he that is to swear it to be a true Copy is the man that if a fault be committed is in fault himself as much as any for he is the man that executed this Treason and now he shall swear to the justifying of his own act Mr. Savill being on my Lord of Clares Motion Asked How they came by the Copy He Answered He knew not how it came into their hands But Mr. Palmer added Now he sees it in our hands and he knows it And that this Copy cannot be questioned unless he question what is done already for in this very Case a Copy is allowed to be an Evidence for the Relation it hath to the greatness of the Charge as to my Lord of Strafford and it cannot alter the Justice of the Evidence for if it be an Evidence it is an Evidence in whatsoever the Cause is Mr. Savill being Asked How he came to set his hand to the VVarrant He Answered That in Ianuary last there came to him one VVilliam Somer Secretary to my Lord Rainalaugh and told him Mr. Sergeant Savill you had a Warrant to Quarter Soldiers on one within the Town of Athlone but the parties were Friends and you removed them one of those Soldiers committing Extortion in taking away two Pewter Dishes and is to be Tried at our next sitting and unless the Soldier have a Copy of your Warrant he is like to suffer in it That he thereupon Answered He could not deny it and brought the Original Warrant and being a good Clerk he bad him Copy it out He sayes he desired you to let some of your own Men do it and I will give him for his pains That he the said Mr. Savill did thereupon deliver the Original Warrant to his Servant Edmond Brumingham as he remembers who Copied it out That Mr. Somer came and told him Here is a Copy That he asked Mr. Somer Whether he had examined it Yes indeed saith he it is a true Copy That upon that he the said Mr. Savill delivered this to Mr. Somer under his Hand but did not compare it himself yet is confident it is a True Copy Mr. Maynard observed That they Charged a Treason in an Act That my Lord of Strafford gave Authority to do such a thing not that he gave this Particular Warrant and though they proved no Copy at all yet proving the Command it maintained sufficiently the Charge for a Treason may be a Treason though not put in Execution That they produced not this Copy as necessary to give a precise Copy but to prove that there was such a Command and Authority given and as a farther evidence they shew a Copy taken on such an occasion And Witnesses are here who will clearly Depose That this is the very substance and effect of the Warrant given under my Lord of Straffords hand Here my Lord of Strafford interposed That it was Charged on him in particular That on the 9 th of May in the 12 th year of the King he gave Traiterously Authority to Robert Savill c. But Mr. Palmer insisted That they did not find much on Reading this Warrant but if the Authority was proved it was sufficient And Mr. Pym added That they could not wave any part of the Evidence and therefore prayed it might be read Mr.
my Lord Deputies own Guard which could not be but originally from him Mr. Robert Little my Lord of Straffords Secretary being sworn was interrogated several questions viz. Whether he had made out any Warrant by the Lord of Strafford's Direction and under his Hand and Seal to Pigott or any else for raising Soldiers after this manner He Answered That he doth not know that Pigott hath any such Warrant nor doth he remember any such Warrant passed the Office if it did it was by Precedents of former times but in good faith he doth not remember it Whether he made any such Warrant to Pigott to his knowledge Answered That he never made any or heard of any nor knew of any Was one made to Savill Answer He never made that to Savill and he cannot tell whether there was one to Savill or not Was there an Entrie of any Warrant in his Book to that purpose Answer That he did not enter them at any time nor did he ever see any such Entrie or Warrant Mr. Palmer inferred from hence That he said the same for Savill that he said for Pigott and yet how publique a thing this of Savill's was their Lordships have heard and it could not but come to his knowledge at least his ear And Mr. Maynard observed he swears that he never made any such Warrant but if any were made it was according to former Precedents But my Lord of Strafford Answered That if any says he cannot tell 't is as much as he can say for another mans act Lord Ranalaugh being Interrogated what he knew of this Warrant of laying of Soldiers upon whom and how long His Lordship Answered That he had heard something of it heretofore but more particularly in November last when being at the Council-Board a Petition was preferred to the then Lord Deputy and Council by one Davis who dwelt in the County of Clare and by his Petition he set forth That notwithstanding on a Reference from my Lord Deputy to the Judges of Assizes he had obtained a Report from him yet by combination betwixt his Adversary and the Sergeant he had Soldiers laid on him which made him leave his Dwelling That he the said Lord Ranalaugh asked the party how the Sergeants came to lay Soldiers Yes saith he My Lord Deputy Wansford hath made a Warrant dormant and taken a course for it from my Lord Lieutenant and from himself as he the Lord Ranalaugh takes it tho positively he could say that the Warrant Dormant was the general Cause Being asked whether it had been used before or if it be an Innovation He Answered That he knew a custome hath been in Ireland for laying Soldiers on the relievers of Rebels and for laying of Contribution-money in case of Delinquency or not payment Or where a return was made by the Sheriff that the Kings Rents did not come in these Rents being applyed to the payment of the Army The course before my Lord of Strafford's coming was That Soldiers were laid to constrain such but in a civil cause between party and party he never heard of it before in his life Being asked on my Lord of Strafford's motion whether he the Lord Ranalaugh was not a Captain of the Army before the Lord of Strafford came and whether he had not Commission by Soldiers to levy part of the money due to him from the Deputy and Vice-Treasurer He Answered That before my Lord-Deputy came into Ireland the course was as he formerly touched that where there was arrear of Rents to the King and these Rents did not come in to the Exchequer then was assigned for the payment of the King's Soldiers and the Acquittances delivered to the Captains on part of their entertainment and this Acquittance out of the Exchequer was given by a special Warrant from the Deputy and according to that course his the Deputies method was with other Captains and thus he levied the Rent by his own Soldiers by virtue of that Warrant Being asked when the Money was Assessed thus on Countreys was it not by consent of the Countrey He Answered That if he hath not forgotten when the Gentlemen of Ireland were here 1628. they were suitors to the King for several Graces and they obtained several of them from His Majesty among the rest if he hath not forgotten that in case of non-payment of Rents or Contribution Soldiers might go and lye upon the Defaulters Mr. Palmer observed that when he speaks of Contribution or Rent he speaks not of this course to compell to obedience on Paper-Petitions And so he said they would conclude with their Witnesses reciting that their Lordships have heard the course taken to secure that Power my Lord of Strafford assumed to himself in hearing of Causes That this Usurpation on ordinary Courts of Justice to whom it belongs could not be secured without Arms in a Warlike manner to compel obedience Their Lordships have heard how it was executed that if the proceeding had been legal the proofs of Law had been according to the calme and quiet Rules of Justice but being an incroached Power it must be executed by force and Arms and War indeed for so it is in substance on the Subjects of Ireland That this was in time of Peace the troubles of Ireland being long since appeased and the People reduced to the condition of Subjects governed by ordinary Laws and Magistrates and now to put an extraordinary Power in execution to compell the Subjects by Act of Hostility they conceive is within the Statute of 25 Ed. 3. A levying of War against our Sovereign Lord the King within His Realm which is nominally Treason in that Statute and shortly for this reason The King being invested with His Sovereign Power whereby they are protected but this Power being instead of Protection used by his Ministers to the subversion and destruction of His Subjects doth on the matter make an Invocation on the King himself this being a bereaving the subjects of the Law by which they should live dispossessing them by force of Arms in warlike manner must be a war against himself That Law is of force in Ireland by 10 H. 7. whereby all the Laws made before that time were made of force there And by a particular Statute made the 18. H. 6. this very offence of Sessing Soldiers by Lords or any others or any the Kings people without their consent is adjudged Treason and the Offender is to be judged a Traitor The Statute was read Statutes and Ordinances made in a Parliament holden at Dublin 18 H. 6. ch 3. AN Act that no Lord or others shall charge the Kings Subjects with Horse Horsemen or Footmen without their good Will and by so doing the Offender is a Traitor IT is agreed and established that no Lord or any other of what condition soever he be shall bring or lead from henceforth Hoblers Kern or Hooded men neither English Rebels nor Irish Enemies nor any other people
Witness in Courts of Justice And to answer that fully and clearly it shall appear that this very thing is assigned by Secretary Little to be the reason why he should not go over that he might not complain of his suit and a Witness did depose to that effect Iohn Meaugh bein sworn and Interrogated to the Cause of denying the said Licence He Answers That he went to Dublin with Mac-Carty the Son with the Petition and that Secretary Little took the Petition in his hand and said Are not you Mac-Carty's Son Yes said he And you intend to go and complain against the Order my Lord conceived against your Father No indeed sayes he I do not Sayes the Secretary I will take your Petition and deliver it to my Lord and I believe my Lord will not grant your Request and they left the Petition and went out A little after a kinsman of his the Deputies Master Sir Valentine Brown said to him the Son I have heard my Lord hath granted your Request in your Petition so they came to the place to receive the Petition and this is the Petition shewed their Lordships when his the Deputies Master saw the Petition he would not take it Take notice Gentlemen saith Mr. Little what Charge he hath and if he doth any thing to the contrary let it be on his peril so they took the Petition and went away Against Parries Testimony First my Lord says he is a single Witness but if that be not admitted there is no need of his Testimony for Secretary Cook 's Warrant proves what was the reason and their Lordships may know whence that came His Sentence is thus far in question here whether he was sentenced for coming over or otherwise It is true and that is the iniquity of it the sentence doth express it to be for another Cause It is not usual in Sentences to say what it is not for but what it is for but it is for his not petitioning the Council-Table and setting forth after in his Petition that his offence was his coming overwithout Licence and saying Mr. Ralton pretended Secretary Cooks ' directions whereas he must so speak truth as not to be charged with a pretence And it were most just to sentence him for coming without Licence then for his being not called nor any way able to answer the Defence That others are joyned with him in the Sentence it doth not excuse his Lordship They shew the more dependencie upon him and by this means no complaints of Injustice or Oppression can be brought to any but himself and that brings them under his wing However the fault is in them as well as in him The Remonstrance he says is only a Charge but it is the Declaration and Voice of all the People of sufficient credit to represent their grievances what they conceive to be their true Liberty and how they have used it ever since the time of H. 2. Which is that they should have redress for grievances which is no other than the Common-Law That the Subject should have free Access to the Sovereign His last is That there is nothing of Treason in this And to this the same Answer is given as to all the rest which are not individual Treasons The Multiplication of Acts all containing something in them of an Arbitrary power conclude as effects from the cause from whence this proceeds And this thing is not so petty as my Lord makes it to deny the Access of the Subject to their Sovereign and tho it be allowed by His Majesties Letter and Instructions yet these being obtained by himself make it worse he taking so Sovereign a Power that Non sentit parem nec superiorem Mr. Palmer instanced in that great Case of the Marquis of Dublin that had the Dominion of Ireland granted him he had Merum maximum Imperium under the Broad Seal and his Patent passed in Parliament yet it was one of the Articles charged on him for it tended to the Severance of the Allegiance of the People from their King In the next Article their Lordships shall hear his demeanor to those of the Scotch Nation Mr. Maynard desired to add a word to what had been said First My Lord says that the particulars are not in the Charge but that is a mistake for this Case of Parry is particularly charged and divers others it is true the rest are general but this is particular so the Charge is good in that And whereas my Lord had endeavoured to justifie this by Law Mr. Maynard observed That they do not lay the point upon that how far the Subject may be restrained in that particular but here is the sting of my Lord of Strafford's proceedings he takes this be it lawful or unlawful to prevent the Complaints which might be brought to His Majesty against his Injustice for he hath done all that tothis people now an ill intent may make that ill which in it self otherwise will not be ill and he besought their Lordships to take this into consideration what a miserable condition the Subjects of Ireland are in when there are never so great grievances laid on them yet they cannot complain and no complaint can be received unless he that oppresses them gives them leave so to do and when their oppressions riâ— so high when shall he give them leave My Lord of 〈◊〉 says Thousands have come yea many he is sure that have not been punished nor questioned Whence Mr. Maynard observed That it is ill lâ—k that the oppressed are always punished others may go without punishment but it falls out unhappily That they that have Complaints against him are the men that are restrained and it may not be thought that they will bear a Complaint sometimes that they may seek a better opportunity when they shall see such examples that is one Fined for exhibiting a Petition and saying that is untrue when against another an Information that hath laid dead halfe a year shall be quickened upon that occasion and they must be punished more that are more oppressed as in the Case of my Lord of Esmond And whereas my Lord of Strafford says he never punished any where there was Complaint before Mr. Maynard besought their Lordships to observe that it is point blank contrary to the Evidence and Oath before their Lordships for in that particular Case of Mac-Carty there were two Dismissions It is true the Merits of the Causes are not proper to be offered but there is cause to take Confidence that where it is called a fraud on Mac-Carty's part when it is examined it will be a very heavy oppression And whereas it hath been said by way of Justification mitigation at least that there hath been no Fees taken for Licences but such as were given voluntarily except in case of Officers of the State or the Army proof was offered that Mr. Little that takes on him to swear for himself or his fellows tho he did not know
had been Judges and Mr. Wainsford the Master of the Rolls took occasion to speak to my Lord Deputy in his the said Sir Philips hearing and commended him for carrying himself with that caution that he had no way reflected on the Nation but the Faction in that Kingdom and had shunned the words which might reflect on the Nation And so his Lordship concluded his Defence and said he hoped that there was nothing proved that should touch him so deeply as Treason for if the obeying of the Commands of this Case be so great a crime he must confess if it were to do again being not better informed by wiser men tho hereafter he may be better informed and prevent it he should be that Trairor over again and do the self-same thing again and therefore if he had done it out of ignorance he hopes their Lordships will not look on him as having any evil intention or wicked purpose but to serve His Majesty with faithfulness which he hopes will procure an easier judgement from their Lordships than to think of a High Treason in this Article And then Mr. Whitlock made Reply thereunto in substance as followeth That in his Answer to my Lord of Strafford's Defence he shall begin with that which his Lordship was pleased to mention last and also at the beginning That this should not be accounted Treason he knows not the Illegality of it and if it were to be done again he would do it on that Command Whence Mr. Whitlock observed that his slighting or rather justifying of this offence when he is told in this great Presence that it is against Law and will be made good and appear to be against Law is a great aggravation of the offence It is well known that a new Oath cannot be Imposed without Assent in Parliament It is legistativa potestas The Oath of Allegiance is as antient as our allegiance and nothing needed to have been added to that and had it been tendered to them as it might have been by Law this would have performed the Kings Command which under favour went no farther and would have been sufficient security of what was doubted and feared But my Lord of Strafford will go farther the Oath that the Law enjoyns doth not please him he must have a new one framed by himself and published by his Authority thereby to make his Authority equal to an Act of Parliament 'T is indeed believed there were some apprehensions of dangers in Ireland by the great number of the Scots there and a Covenant in Scotland then Sworn but that Covenant is not to be medled withal now The Charge enforced against my Lord of Strafford is not his Care of preventing danger to the Kingdom but that he caused a new and unusual Oath to be Imposed and particularly that they should submit to all the Kings Royal Commands The Committee confess and think no man had ever yet a heart to doubt That the King would command any thing that should be against Law But it hath been sufficiently proved that my Lord of Strafford a Subordinate Minister under the King hath published his own Commands in the Kings Name which are not Justificable nor according to Law And that under favour might be a good cause for the Scots to be tender of taking his Oath knowing that these Commands here were not His Majesties Immediate Commands but the Commands of my Lord of Strafford which they saw many times so unlawful and exorbitant My Lord of Strafford hath produced diverse Witnesses to prove It was Debated on at Council-Board And that the Scots did chearfully take the Oath but in this he hath laboured to disprove his own Answer which is That the Scots came up and desired to have an Oath whereas it appears the Council-Table thought fit to send for them by Letters under his Lordships hand and it was propounded to them to take such an Oath He sayes himself put these words into the Petition In equal manner and measure with other His Majesties Subjects Which showes That my Lord of Strafford himself had the Perusal and Correction of this Petition which is a good Proof that he contrived the Oath The Petition doth only beseech my Lord Deputy That an Oath might be framed to vindicate themselves from the Faction of their Countrymen and the Covenant which they might have done by the Legal Oath the Oath of Allegiance But he put something in above what they desired and that was for submission to all the Kings Royal Commands which may extend to Liberty to Property of Goods and so is a great deal further than His Majesty was pleased to Command by His Letter wherein there was nothing but what was very fit to be commanded by my Lord of Strafford and very fit for him to obey And What if my Lord of Strafford should procure a Letter from His Majesty to do that which is not warrantable by Law the Kings considerations are far above the particular Points of the Municipal Law of this Kingdom He cannot know them but is to be enformed of them by His Ministers Now if my Lord of Strafford shall misinforme Him and desire to have that by His Authority which is not warrantable by Law the fault is my Lord of Straffords and it much aggravates the Crime but the Kings Letter doth not warrant my Lord of Strafford for he hath proceeded further He sayes concerning the Censure of Mr. Stuart That he delivered his Opinion among the rest but their Lordships may remember he went as high as to charge him with Treason It is true the Bishop of Derry conceived it might be Treason And the Primate said The Denial of the former part might be Treason but not the latter but my Lord of Strafford conceived the latter part to be Treason too And therefore surely his Opinion had more harshness and severity then the rest and being his Opinion it was of sufficient weight to carry along with him all the rest and that which was his own Act at the beginning which he Contrived and Treated with the Scotch Lords and Gentlemen That he persues in his Sentence and if others joyn with him in a hard Sentence against Law his fault is not the less but rather the greater to draw others into the same fault His Lordship says little of the Fine that is paid It is true it cannot be proved how much was paid but those that were Fined continued in Prison till very lately for that Fine And whereas he sayes Any taking the Oath might have been Released the next day It is the more Cruelly done to keep them in Prison till they take an Oath who cannot satisfie their Consciences that they may take it My Lord sayes If one refuse the Oath of Allegiance in this Kingdom he shall incur a Premunire and this Sentence was more moderate Indeed if that had been tendered they had incurred the like sentence and that might serve the turn but my Lord must stretch his
should not supply him THE Two and Twentieth Article The Charge 22. THat in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their assistance in a War against the Scots and gave â—ns for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Rateliffe did together with him the said Sir George traiterously conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and of altering and subverting of the fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford reâ—ited into England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then His Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the Wills of His Subjects THE Three and Twentieth Article The Charge 23. THat upon the Thirteenth day of April last the Parliament of England 〈◊〉 and the Commons House then being the representative Body of all the Commons in the Kingdom did according to the Trust reposed in them enter into Debate and Consideration of the great grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesty referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Speeches and Messages to urge the said Commons House to enter into some resolution for His Majesties Supply for maintainance of His War against his Subjects of Scotl before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a demand was then made from His Majesty of 12 Subsidies for the release of Ship money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some Supply before any resolution by them made He the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to Dissolve the said Parliament upon the 5th day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had been Members of the said House of Commons by telling His Majesty they had denyed to supply Him And afterwards upon the same day did traiterously and wickedly counsel and advise His Majesty to this effect viz. That having tryed the affections of His People He was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tryed all ways and was refused and should be acquitted towards God and Man and that He had an Army in Ireland meaning the Army above-mentioned consisting of Papists his Dependants as is aforesaid which he might imploy to reduce this Kingdom THE Four and Twentieth Article The Charge 24. THat in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and deciared before others of His Majesties Privy Council That the Parliament of England had forsaken the King and that in denying to supply the King they had given him advantage to supply himself by other wayes and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such wayes as he should hold fit and that he was not to suffer himself to be mastered by the frowardness and undutifulness of the people And having so maliciously slandered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book Entituled His Majesties Declaration of the Causes that moved him to Dissolve the last Parliament Full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons Monday April 5. 1641. THE Right Honourable the Lord Steward did this day in the first place acquaint the Gentlemen that managed the Evidence at the Bar That their Lordships had commanded him to let them know that my Lord of Strafford on Saturday in the evening gave in his Petition for the examination of my Lord of Northumberland and that he coming in so late it happened so that the Gentlemen of the House of Commons could not possibly have leave to cross examine and so the examinations are come only on one side sealed up wherefore his Lordship proposed that things might for the present be so carried as the proceedings of this day might not be hindred thereby Mr. Whitlock Answered That they shall go on according to their Lordships Order but he desired the cross-examination of my Lord of Northumberland and the Testimony of some other witnesses that are sent for and not yet come whose names they shall give in may be reserved To which my Lord of Strafford replyed That the motion is very new to him and in these things of form he may be easily mistaken and prejudiced before he is aware That to their cross-examining of my Lord of Northumberland he is very willing but for examining of Witnesses whose Names are not yet known and to have such a Latitude as to reserve supplemental proof he conceives may be hard and so appeals to their Lordships whither their Lordships will not have them name their Witnesses and assigne them a certain time within which they shall examine them And he desires likewise the examination of my Lord Keeper who is not yet examined may be reserved for him And likewise that my Lord of Canterbury may be examined he having been examined as he understood against him which if he had not been he should not have moved it and that the advantage of their two Testimonies may be reserved to him But Mr. Whitlock and Mr. Maynard thus explained it that they intend not to examine those who are not yet named in writing but to produce them viva voce and that they should take the boldness to name one of them to their Lordships and that is Mr. Sergeant Glanvile who was sent for eight days since and will be in Town to night And
leave to look on what he said that he might not vary And after some Debate thereupon having the Copy of his Examination shewed him He Answered to the said Question That it was only for one word that he desired to look into the Paper and it was whether in the later end he did not say or words to that effect These words about which he is examined did pass between my Lord of Strafford and him in private discourse when he believes neither of them thought they should have been called to an account for them for they were then thinking of raising of Horse and seeing but small sums of Money He asked my Lord how these Forces should be paid His Lordship Answered He made no doubt but that the Parliament would give assistance to the King by 12 Subsidies and if they did that it would sufficiently pay the Army or some such words But said he my Lord Conway What if the Parliament shall not supply the King or not give these Subsidies Then my Lord of Strafford said or words to that effect That the King had need and if the Parliment would not supply the King in those things that were just and lawful to be supplyed and if they would be so wilful as not to supply him then the King was justified before God and Man if he did help himself in the Goods of the Subjects or to this effect tho it were against their Wills Being directed to repeat the words again on my Lord of Strafford's motion His Lordship Answered That in his examination he said words to this effect and so he doth now yet doth not depose absolutely that these very words were spoken but to his understanding and as he then conceived them they were to this purpose when he asked my Lord of Strafford how these Troops then raised should be paid My Lord of Strafford said He made no doubt but the Parliament would supply the King and give him 12 Subsidies And saying again What if the Parliament would not give him that assistance My Lord of Strafford said The cause was very just and lawful and if the Parliament would not supply him then he was justified before God and Man if he sought means to help himself though it were against their Wills Sir Henry Vane being Interrogated whether he did not hear my Lord of Strafford when consideration was had of a Parliament before the last Parliament promise His Majesty in case the Parliament did not succeed he would be ready to serve him in any other way He Answered That he must begin as the Lord that spake last since they have no help of their Examinations which is that the words were such or to such an effect for otherwise they that be Witnesses have a very hard task to play for they lye open to be excepted against and peradventure when they speak truly may be intangled if their memory help them not out But to the Question proposed he says this That upon the 5th of December as he takes it he did hear my Lord of Strafford speak words to that effect as they are now asked to his best remembrance and truly he thinks really he did viz. That truly if the Parliament should not succeed his Lordship would be rea dy to assist His Majesty any other way or words to this effect Mr. Whitlock summed up the Evidence and said There was an intent to call a Parliament to try if they would give the King a Supply and being engaged in a War against the Scots my Lord of Strafford before the Parliament came doubted not but 12 Subsidies would be given and while the Parliament was sitting that was the number demanded by a Message from the King This designe did not take other effect than himself expected and it seems desired for when the Parliament was set and frequently urged by messages from His Majesty to give that very number of 12 Subsidies and that for release of Ship-money only whereas by the old and right course of Parliaments the grievances are in the first place to be considered of and to be humbly presented to His Majesty and upon redress of those grievances the people are to shew their thankfulness to His Majesty for His Grace and Goodness in redressing of them by their free gift of Subsidies My Lord of Strafford changes this course and perswades His Majesty to put the Subsidies in the first place and to fall at first on consideration of supply and that so great a proportion and while the Parliament was in debate of this and before they had resolved whether they would give Supply or no by my Lord of Strafford's advice the Parliament was Dissolved His Lordship confesses in his Answer he did give his Vote for dissolving of the Parliament and they shall make it appear in time that he did procure it After the Parliament was Dissolved my Lord of Strafford goes on endeavouring all that lay in his power to incense a Gracious Sovereign against His loving Subjects to slander the people to the King and for ever to break off all Parliaments and take away the Liberty and Property of the Subject and by what course By Force by bringing in an Army amongst us That was his Advice tho blessed be God His Majesty was pleased to reject it 1. To prove what was said by the Creatures and Friends of my Lord of Strafford Sir Ro. King being Interrogated What words he heard from Sir George Ratcliffe to this purpose That the King had an Army and Money in his Purse and if His Subjects in England should not supply him what use he might make of His Army for supply and the times He Answered That he demanded of Sir George Ratcliffe How the King would do for Money to maintain the Scotch War Sir George Ratcliffe said The King could not want Money His Majesty had an Army of 30000 Men and he had 400000 l. in his Purse and a Sword by his side and if he would want Money who could pity him or words to this purpose To which he the Deponent objected How can this course be taken when the Scotch are on foot unpacified Sir George Answered They can make peace with the Scotch when they please and being riding together to the he the Deponent said That my Lord Lieutenant and the said Sir George had least reason of all His Majesties Subjects to desire a War Sir George Answered It is true For his part he would give 20000 l. to be quit of it but we are now engaged and we cannot but go on and then he the Deponent asking What he would do for Money Sir George Answered The King could not want Money He had an Army c. as before is deposed Being asked what was the reason of making this Demand and whether he did conceive a forcible way was intended He Answered He did understand that by the words That if they would not supply him the King was ready to supply himself Lord Ranalaugh being
look what is proved and not to what is enforced on those proofs from these Gentlemen For words pass and may be easily mistaken but their Lordships having regard only to what is Deposed and that they were to guide themselves by that After some Respit my Lord of Strafford began to make his Defence as followeth That it will be very hard for him to know in what order to Answer all the matters objected against him But the best course he can take for his own direction and he trusts it shall not be displeasing to their Lordships will be to go over the Articles as they lie in order and under every Article to give his own Proof and to repeat all the Proofs prest against him for that Article The other day an end was made of the 19 th Article but then likewise the 20 th was entred into so the middle part of that Charge is answered already touching words by him spoken at his last being in Ireland and to that he shall not need farther to Answer But here is in it that he did labour to Perswade Incite and Provoke to an Offensive War against the said Subjects of the Scotch Nation and to have been by his Counsels Actions and Endeavors a Principal Incendiary To prove this they have offered first my Lord Traquairs Depositions and he craved leave to represent to their Lordships How he conceived his testimony was delivered viz. That upon a Relation of his the Lord Traquair made at the Council-Board he gave his Opinion as other their Lordships did and that it was condescended to by the Council-Board That if the Comissioners of Scotland gave not satisfaction that then the King might put himself in a posture of War so that he gave only an Opinion as others did And that is proved as he conceives by my Lord Traquair who among other parts of his Testimony recited sayes That there was no difference in the main amongst the Votes So that by both the Testimonies it plainly appears that his Opinion was no other then the Opinion of the rest And certainly as that Opinion can never be charged on any of the rest of the Lords in any kind whatsoever so he trusts it shall never be charged upon him for he thinks he is in a great safety and security when he hath the concurrence of so many wiser persons then himself in the Opinion he then deliver'd and that is for so much as was spoken at the Council-Board And if it were needful as he conceives it is not to examine the persons that were there it should appear he delivered no Vote at all at that time but the Vote of the Board But it is clear in their own proofs and their Lordships will he hopes justifie him in their Judgments when it comes to Sentence The next thing is the Deposition of my Lord Morton concerning something spoken at York at a Council there called he met before the Assembly of the Great Council of the Peers where he conceives and as he remembers he the Earl of Strafford spake something to this sence That the unreasonable Demands of Subjects in Parliament was a ground for the King to put Himself into a posture of War When this had been resolved by the Council of England he conceives it no great Crime for him to say so For upon the Question put on those Demands it was said That it was fit for the King to put Himself into a Posture of War and into a Condition to reduce them by Force if they could not be brought by fair means to do their Allegiance and Duty to the King There is something more that my Lord Morton sayes That he the Earl of Strafford should say It was a sufficient Cause without hearing their Reasons to Declare a War This he my Lord of Strafford conceives under favour is but a single Testimony And my Lord Morton gives himself the Answer for he sayes the Reasons were not related when he was present and therefore in that my Lord of Strafford conceives there is little matter My Lord Traquair sayes one thing more and that is That the reasons were left to be alledged by the Scotch Commissioners It is true they were so And my Lord Morton sayes that he the Defendant should say It was not matter of Religion that was the business but they struck at the root of Government and were to be punished by force He further adds by way of Defence That if he thought they struck at the root of Government he thinks every man will say he had reason to say it was fit to reduce them by force But he said he should speak further of these things anon when he should represent what Words are in respect of Deeds and what difference there is between what a man Sayes and Does in case of Treason But under favour these two last are no part of his Charge though he answers them for he is not charged with speaking any thing to the King at York the night before the Great Council but only with speaking at the Council-Board on my Lord Traquair's relation and this he conceives is all they bring against him to convince him of the 20 th Article saving only the testimony of my Lord of Northumberland and of Mr. Treasurers And Mr. Treasurer says That it being agitated whether a Defensive or an offensive War were to be undertaken he was for a defensive and my Lord of Strafford for an offensive War He the Deponent cannot conceive how this can conduce to make a Treason If the War was resolved on the Debate whether an offensive or defensive shall not be Treasonable admit it to be as Mr. Treasurer sayes Mr. Treasurer alledged his reason and he the Earl of Strafford alledged his and God forbid it should be Treason in one or any other they both doing their Duties and delivering their Consciences according to their oaths It was resolved as fit to reduce them and whether by an offensive or defensive War being a free Council they were bound to deliver Judgements to a Master that was so wise as to know what was best for his service and so to dispose as he should think fit My Lord of Northumberland sayes That he the Earl of Strafford advised to go on vigorously in an offensive War Admit he did say so it is not Treason it was a free debate many reasons were given and for him to give his reasons one way was as free from Crime or Offence as for them to give their reasons another way They say that as a chief Incendiary of the troubles between His Majesty and the Scotch he seized divers Scotch Ships when he was in Ireland and for this they have only Mr. Barnwels Testimony and all he says is That Sir Robert Loftus told him he had a Warrant to seize the Ships and they did seize them accordingly but by whose Warrant he doth not know But if your Lordships will know by whose Warrant it was he shall give the
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
there is nothing at all of it that I am to Answer it being wholly done by the Order of Chancery and I having no more to do with it then any man that hears it the Matter that stayes with me in this Article is the alleadged Warrant to Mr. Savill Sergeant at Armes and the Execution of it for that I shall humbly beseech your Lordships I may mind you with all humility that that Warrant is not shewed and I do think that my Lords the Judges do in the Tryals before them observe that Deeds are to prove themselves in ordinary Tryals betwixt Men and Men Now how much more in a Tryal for life and which is more than that though my Misfortune will have me to own it in the Tryal of a Peer The Witnesses my Lords say They have seen such a Warrant But no Witnesse sayes he knowes it and will Swear it to be my Hand and Seal or that I set my Hand or Seal to it for it may be Counterfeited for any thing they know For Mr. Savill upon Oath I thought under Favour he ought not to be admitted against me for he Swears directly to justifie himself for if there be no such Warrant he is answerable for the Fact not I. But my Lords admit there were such a Warrant I humbly conceive I gave your Lordships a very clear and full Answer to it I shewed you and proved it as I conceive that the Sessing of Soldiers hath been a Coercive means used in Ireland alwayes to enforce obedience to the Kings Authority I proved it to have been used to fetch in the Kings Rents of all kinds Contributions Compositions and Exchequer Rents I proved it to have been used to bring in Offenders and Rebels and as my Lord Ranalagh deposes for any Unjustifiable Act. Sir Arthur Terringham for a small Debt which appears not to be the Kings Debt My Lords nothing at all is proved against it but Negatively the Witnesses say they did not know such a thing they had not heard the like and I think none of your Lordships had before this Cause and yet that thing might be too And my Lords I beseech your Lordships How should it be not Treason to Assess Soldiers for the Kings Debts and yet the Assessing of Soldiers on the Contempt of the Kings Authority should be Treason for certainly the Kings Authority is of far more Dignity and more respect is to be had to it then the getting of a few poor Debts and why it should be Treason in one Case and not in another methinks it is very strange My Lords in the next place I conceive that not in any Construction this can be said to be a Levying of War against the King and His People being but the Imployment of two or three Soldiers to procure obedience to His Majesties Government because as I conceive likewise I had Commission to make War as I saw Cause for punishing the Rebels and securing the Publick Peace and therefore How can I be charged with that I have power to do The worst that can be made of it is an absurd execution of a Power but to make it Treason when I had Commission and Liberty so to do methinks that is very hard And it was no absurd execution of a Power under favour neither when I had the Precedent of all the former Deputies and Lieutenants in the Case My Lords it was never Complained of all the while I was there for ought appears to your Lordships so that it seems there was no great Innovation nor Inconvenience for if there were I should have heard of it But the Statute 11 E. 1. ca. 7. sets a penalty upon any Subject that shall Assess without the Deputies Authority Now I do most humbly beseech your Lordships that you would be pleased to remember that and let me know how it should be but Penal in a Common person to do it and yet Treason in a Deputy My Lords I shall likewise humbly mind your Lordships for the Statute or rather two Statutes as I take it whereby I conceive this Statute that made a Treason in Ireland was repealed But howsoever the practice in all time hath gone quite contrary to that Statute and the best Interpretation of Law is the Practice of Law and therefore the Practice having been otherwise it is an Argument very strong and prevalent that the Deputy as Chief Governor was never intended to be Concluded within that Act nor never to be brought in by General Words onely And that this should be a Levying of War against the King within the Statute of 25 E. 3. in England surely I conceive it cannot be for the Burning of Towns the Taking of Forts Killing and Slaying that I conceive to be a Levying of War but this is a strange Levying of War with two or three Soldiers to rest in Peace and Quietness eating on Contemners onely and not Killing and Slaying and all to procure Obedience to the King not in Disobedience to His Command If to lie upon them and eate be High-Treason in this Case What shall become of a great Company of good Fellowes that at this time eate at the Charge of the Country No my Lords This in the Case of a private Man had been but a Forcible Entry or a Ryot at the most if a man had done the same thing Mr. Savil did of his own Authority without the Deputy it had been but a Force and Ryot and How shall this be in my Case High Treason The next Charge in that Case is concerning a Warrant to one Piggot another Sergeant at Armes and the great and crying Miscarriages and Misimployments of such a War if there had been any it was when I as your Lordships may please to remember was out of Ireland and that was the Case of Bern a very Foule Misdemeanor as it proved But my Lords I being out of the Kingdom and no such Warrant shown I conceive I am absolutely dismissed as unto that and have nothing to Answer for it there was nothing done while I was in the Kingdom there is no Warrant of mine shown therefore I conceive I stand clear of that likewise But admit there were such a Warrant the Answer goes to that as to the test and certainly I hope will fully acquit me of this Fifteenth Article as Treason And so I must in humility submit to your Lordships wiser and better Judgments The next Statute Treason is an Intendment or Design or what you will have it for bringing over the Irish Army into this Kingdom to reduce it or to do I know not what nor I think no body else for there is no such thing But my Lords for proofe in this Case you have two offered there and no more under favour at all the first proof is the Fears and Doubts of my Lord Ranalaugh that tells you he Fears such a thing and Doubts such a thing My Lords if Fears and Doubts may be sufficient to Condemn me for Treason
was an Unadvised Speech and he is a wise man and much wiser then my self that some time offends not with his Tongue And in truth my Lords though there be no Treason in it they are the most unwarranted words that appeare in the whole Proofe made against me In the 26th there are some words that I should speak to my Lord Cottington concerning a Foolish Pamphlet or Gazette which I then had in my hand and it is such a Toy in it self and all the Circumstances of it that I hold it not worth the mentioning but only that I would not forget any thing in the Proofes as near as I could and the Proofe is uncertain for onely one Man sayes it and the very words he cannot express Now he that shall Swear when he cannot express the Words his Testimony is but of small value and he is but a Single Proofe at best to disprove what is deposed by Sir William Parkhurst who sayes he was by yet heard not the Words And Cogam sayes he remembers not the words and so upon the matter there are two against one and the whole being so uncertain I conceive it is of very little moment in your Lordships Judgments My Lords These are as near as I can gather all that are charged as unto words spoken either in England or Ireland Councils other then these I am not charged withall and so there remains nothing but my Actions and if I can free them as well as I have freed the Words I conceive then under favour I have fully Answered all that hath been objected against me My Lords The first of these is the Fifth Article in the Case of Sentence of the Council of War against my Lord Mountnorris and the Sentence of the Council of War against Denwit For that of my Lord Mountnorris I have shewed plainly and clearly to your Lordships that I was no Judge in the Cause but a Party and therefore not Responsible for any Judgment given against his Lordship I gave no Vote and so consequently am not to Answer for any Guilt if there were any which under favour I conceive since all Martial Law is Adjudged to be against the Law I may be of another Opinion but formerly conceiving that that might have stood with the Law I might say something more for the Justification of it then now I do but hower I was no Party They say he was a Peer and it is very true but as he was a Peer so he was a Captain of the Army and in this Case we consider Men as Members of the Army not as Peers And if a Peer will not submit himself to an Officer of the Army he must submit himself to the Order of the Army Besides I say it was intended only as a Discipline to him the better to remember him to govern his Tongue afterwards towards other Men and that there was no more Prejudice fell upon him by it but two or three days Imprisonment so there was no great Animosity in the business besides it appeared to your Lordships that two or three dayes after we writ to the King and obtained his Pardon so that I conceive the Inconvenience was not very great to him nor the Proceedings such as should make it unpardonable or Criminal in them that gave Sentence upon him whereof I was none For that other concerning Denwitt your Lordships may remember he was found Guilty of Stealing a Quarter of Beef and for Running from his Collours and was formerly Burnt in the Hand for that he should be Proceeded against another way But falling out at that time when Five hundred Men were going over to Carlisle and they being unwilling to be put to Sea we were inforced to those proceedings for the preventing of further Mischief And there is another thing that the Martial-Law hath been alway in Force and executed in all times in Ireland and never so sparingly as in my time for this is the only Man that suffered all the time I had the Honour of the Government And I dare Appeal to them that know the Country Whether in former times many Men have not been committed and Executed by Martial-Law by the Deputies Warrant that were not Thieves and Rebels but such as went up and down the Country if they could not give Account of themselves the Provost-Martial by direction of the Deputies using in such Case to Hang them up I dare say there are Hundreds of Examples in this kind so that as to that I do not Justifie it But I say it is a Pardonable Fault and that others are of Course Pardoned for it And I trust that what falls of Course shall not be laid upon me as High-Treason or conducing to it The next is the Sixth Article and that is in the Case of Richard Rollston and therein I am said to have Subverted the Fundamental Laws by executing a Power and a Jurisdiction which was not Warranted by Law upon a Paper Petition putting out of Possession of his Freehold and Inheritance my Lord Mountnorris My Lords That Sentence will appear to your Lordships to be no more then the relieving a Poor Man in case of Equity and it is proved to you to be a Power that hath been formerly practised by the Deputies and I humbly conceive the Decree is just So that my Lords I must Confess it is something strange to me That having the Kings Letter to Warrant me in the Course of Proceedings and having the Power of former Deputies in like Case and doing no more therein then the Lord Chancellor by the very self-same Law should do in other places And that which should be done by the Chancellor should be Innocent and Just yet become High-Treason when done by me is a thing I understand not The next is the Case of Tonnres and that is waved by them and well may it be for it was in a Case of Plantation there was no Possession altered and it is fully within the Book of the Kings Instructions The next is in the Case of Sir Iohn Gifford against the Lord Viscount Loftus which they have Waved and well they may for it was grounded on a Letter from the King Commanding it to be heard by the Deputy and Council which is clearly within the Instructions and hath been since heard by the King and Council-Board and by them Confirmed for a Just Decree The next is the Case of my Lord of Kildare and that they may well Wave too the Proceedings being grounded upon a Letter from His Majesty and nothing done but in persuance of an Award between the Lord Digbyes House and that House of Kildare made by King Iames. The next is the Lady Hibbots Case and that was Relief given to Poor Men circumvented by Practice to the Prejudice of himself My Lords I had Power to hear that Cause and all Causes of that Nature by the King's Letter and according to the Practice of former Deputies And I conceive it will appear when it comes to
England If but any one of these Six Considerations hold the Commons conceive that upon the whole matter they had good cause to pass the Bill My Lords For the first of Levying War I shall make bold to read the case to your Lordships before I speak to it It 's thus The Earl did by Warrant under his Hand and Seal give Authority to Robert Savil a Sergeant at Arms and his Deputies to Sesse such numbers of Soldiers Horse and Foot of the Army in Ireland together with an Officer as the Sergeant should think fit upon His Majesties Subjects of Ireland against their Will this Warrant was granted by the Earl to the end to compell the Subjects of Ireland to submit to the unlawful Summons and Orders made by the Earl upon Paper Petitions exhibited to him in case of private interest between party and party this Warrant was executed by Savil and his Deputies by sessing of Soldiers both Horse and Foot upon divers of the Subjects of Ireland against their Wills in warlike manner and at divers times the Soldiers continued upon the parties upon whom they were sessed and wasted their Goods until such time as they had submitted themselves unto those Summons and Orders My Lords This is a Levying War within the Statute of 25th Edw. 3. The words of the Statute are If any man do Levy War against our Lord the King in His Realm this is declared Treason I shall endeavour in this to make clear to your Lordships 1. What shall be a Levying of War in respect of the motive or cause of it 2. What shall be said a Levying of War in respect of the action or thing done 3. And in the third place I shall apply them to the present case It will be granted in this levying of War that Forces may be raised and likewise used in Warlike manner and yet no levying of War within the Statute that is when the Forces are raised and employed upon private ends either of revenge or interest Before this Statute in Edw. the 1. time the Title of a Castle was in difference between the Earls of Hereford and Gloucester for the maintaining of the possession on the one side and gaining of it on the other Forces were raised on either side of many hundred men they marched with Banners displayed one against another In the Parliament in the 20th year of Edward 1. this was adjudged only Trespass and either of the Earls Fined 1000 Marks apiece After the Statute in Hillary Term in the 15th year of Edw. the 3. in the Kings-Bench Rot. 3. Nicholas Huntercome in Warlike manner with 40 men armed amongst other weapons with Guns so antient as appears by that Record they were did much spoil in the Mannor of the Abby of Dorchester in the County of Oxford this was accounted no Treason and so it hath been held by the Judges That if one or more Town-ship upon pretence of saving their Commons do in a forcible and warlike manner throw in inclosures this is only a Riot no Treason The words of the Statute 25 Edw. 3. clear this point that if any man ride Armed openly or secretly with men at Arms against any other to kill and rob or to detain him until he hath made Fine and Ransome for his deliverance this is declared not to be Treason but Felony or Trespass as the Case shall require all the printed Statutes which have it covertly or secret are misprinted for the words in the Parliament Roll as appears in the 17th are Discovertment on Secretement Open or Secretly So that my Lords in this of Levying War the Act is not so much to be considered but as in all other Treasons and Felonies quo animo with what intent and purpose My Lords If the end be considerable in Levying War it may be said that it cannot be a War unless against the King for the words of the Statute are If any man Levy War against the King That these words extend further than to the person of the King appears by the words of the Statute which in the beginning declares it to be Treason to compass and imagine the death of the King and after other Treasons this is to be declared to be Treason to Levy War against the King If Levying of War extend no further than to the Person of the King these words of the Statute are to no purpose for then the first Treason of compassing the Kings death had fully included it before because that he which Levies War against the Person of the King doth necessarily compass his death It 's a War against the King when intended for alteration of the Laws or Government in any part of them or to destroy any of the Great Officers of the Kingdom This is a Levying War against the King 1. Because the King doth protect and maintain the Laws in every part of them and the great Officers to whose care he hath in his own stead delegated the execution of them 2. Because they are the Kings Laws he is the Fountain from whence in their several Channels they are derived to the Subject all our Indictments run thus Trespasses laid to be done Contra pacem Domini Regis the Kings Peace for exorbitant offences though not intended against the King's Person against the King his Crown and Dignity My Lords this construction is made good by divers Authorities of great weight ever since the Statute of 25th of Edw. 3. downwards In R. the 2. time Sir Tho. Talbot conspired the death of the Dukes of Glocester and Lancaster and some other of the Peers for the effecting of it he had caused several People in the County of Chester to be Armed in Warlike manner in Assemblies in the Parliament held in the 17th year of R. 2. N o 20. Sir Thomas Talbot being accused of High Treason for this It 's there declared insomuch as one of them was Lord High Steward of England and the other High Constable that this was done in destruction of the Estates of the Realm and of the Laws of the Kingdom and therefore adjudged Treason and the Judgement sent down into the Kings Bench as appears Easter Term in the 17th year of R. 2. in the Kings Bench Rot. 16th These two Lords had appeared in the 11th of R. 2 in maintainance of the Act of Parliament made in the year before one of them was of the Commissioners appointed by Parliament and one of the Appealors of those who would have overthrown it The Duke of Lancaster likewise was one of the Lords that was to have been Indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of their Laws This there is declared to be Treason that concerned the Person of the King and Common-wealth In that great insurrection of the Villains and meaner People in Richard the II. time they took an Oath Quod Regi Communibus fidelitatem servarent to be true
conscience the Puritans if they durst would tear her in pieces This cannot be for the Honor of France to endure a Daughter of that Nation to be oppressed and affronted The Earl of Holland is made General of the Army whither he is gone down the Earl of Newport Master of the Ordinance Ballfower Lieutenant of the Tower hath proved an errand Traitor to the King who Commanded him upon his Allegiance to receive a Captain and 100 Men into the Tower which he most Traiterously refused to do There was a Report in London that the Parliament House was on fire whereupon there were many thousands of people very suddainly gathered together whereby you may easily see the height and violence of the peoples affections May the 6th Ann. Dom. 1641. Upon the reading of this Letter and exceptions taken to his expression That the Puritans would tear the Queen in pieces and to other passages in the Letter and upon Information also given of his endeavouring to seduce the Kings Subjects to the Popish Religion it was ordered he should be sent for to be examined who thereupon applyed himself to His Majesty and the King told him he would know what the business was before he should go as Philips told the Serjeant and so refused to come with him Hereupon the House of Commons desired Mr. Treasurer to acquaint His Majesty That they had some cause to examine Francis Philips a Romish Priest and to that end sent him a Summons which he doth refuse to obey and makes His Majesties House a Sanctuary in case of High Treason That in respect to His Majesty the House doth forbear to take further course herein till His Majesty be further acquainted with it Hereupon Father Philips appeared and was called to the Bar of the House where he first kneeled and afterwards stood up and being demanded the reason wherefore he appeared not He answered because the Warrant was to apprehend Francis Philips and his name was Robert Philips and that the Queen wish'd him to stay till he had spoken with the King and the King told him the House may send for him when they call for any of his Servants till then he need not goe and the Letter before mentioned being produced unto him he confessed the same to be his own Hand-writing The further examination of this business was referred to the Committee for the Popish Hierarchy who drew up this Impeachment following The Impeachment and Articles of Complaint against Father Philips the Queens Confessor lately committed to the Tower by the Parliament I. THat the said Father Philips hath been observed to be a great cause both in himself and his Adherents of a great part of the unquietness of this State II. He with Parsons and others their Assistants were the only cause that the Pope was stirred up to some Breves to these Kingdoms of England and Scotland to hinder the Oath of Allegiance and lawful Obedience of the Subjects to Our Gracious King that so they may still fish in troubled waters III. The damnable Doctrine which he and other Jesuits have taught to Destroy and Depose Kings hath been the cause of the Civil Wars like to befall these Kingdoms if God in his mercy do not prevent it IV. They have been the cause of the Monopolies projected in this Kingdom especially concerning Soap the Forrest of Dean and marking of Butter-Cask where all the Parties were Partners and Confederates with them as Sir Basil Brook Sir Iohn Winter and a Brother-in-law of the said Sir Iohn that lived in Worcestershire and Mr. Ployden whose Servant named Baldwin hath been seen to deliver to Captain Read a Substitute of the Jesuits an hundred pound at a time to one Jesuite V. Father Philips hath been a great Actor with the Superior of the Capuchins who is a most turbulent Spirit and was sent thither by Cardinal Richlieu of France to be a spy at this Court for the French Faction And hath therefore laboured by all means to breed dissentions for the French aim at nothing more then to make a Schism betwixt the English and the Scots that this State might so be weakened and made unable to withstand them that so they might have an opportunity to conquer these Kingdoms these unquiet Spirits having access to Her Majesty may importune things not fit for the State VI. The said Father Philips hath been guided by a Gray Fryer who by degrees hath intruded himself to be a Clerk of Her Majestys Chappel and Chaplain Extraord in time of progress who when he is out of London goeth by the name of Mr. Wilson but his true name is Will. Thomson Dr. of Divinity as some Jesuits have affirmed but a most furious Spirit and unquiet and therefore by Nickname is by some called Cacafugo that is as much as if in English you should say Shit-fire by whom Father Philips hath been so led that he hath been very officious to perform whatsoever he would have done These two have ruled all the business concerning the two Kingdoms on the Papists parts and for the most part of Rome also VII The said Father Philips hath placed many unfit persons about Her Majesty viz. Sir Iohn Winter to be Her Majesties Secretary Signior Georgeo come late Agent from the Pope his Brother was by his means admitted to be Servant Extraordinary to the Queen a man altogether unfit for that place a most scandalous person having three Wives all now alive VIII Sundry persons by the said Father Philips have been admitted to be the Queens Servants Extraordinary by some supposed Office or other as Mr. Laburn Geo. Gage Brother to Col. Gage have both Oratorian Priests the one of the French Faction very seditious the other of the Spanish whose Brother is now left Resident at Rome for them by his Master Mr. William Hamilton late Agent at Rome Penrick is sworn Servant Extraordinary to Her Majesty who is a sworn Spaniard and Intelligencer for Rome in respect his Brother is Agent here by Father Philips these and many others who are factious and turbulent spirits have by Father Philips his means received protection from the Queens Majesty IX The said Philips hath been much ruled by Sir Toby Mathews Sir Iohn Winter and Mr. Walter Mountague X. He was very forward with his Complices for the breaking of the Ice to begin the Treaty here for the Popes Honors sake and when Sir Robert Dowglas and Signior Georgio were nominated whom he thought most fit Cardinal Richlieu was thought fittest to be the man who should direct him to begin the correspondency between the Pope and the Queen and therefore he was sent to France with many Letters and from thence he was dispatched for Rome by the Cardinal where he was received with great respect and after a Viatick he was dispatched again for England with some few small Gifts as Pictures Crosses Agnus Dei's and such like Popish stuff to Father Philips XI The said Father Philips was the chief Agent in
sent away Post Merid. The Articles offered by a Member of this House against the Earl of Strafford are referred to the Committee that are to draw up the Charge against the said Earl which being Reported were as followeth Articles of the Commons assembled in Parliament against Thomas Earl of Strafford in maintenance of his Accusation whereby he stands Charged of High Treason 1. That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by traiterous words Counsels and Actions and by giving His Majesty Advice by force of Arms to compel his Loyal Subjects to submit thereunto 2. That he hath traiterously assumed to himself Regal Power over the Lives Liberties Persons Lands and Goods of His Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of His Majesties Liege People 3. That the better to inrich and inable himself to go through with his traiterous Designs he hath detained a great part of His Majesties Revenue without giving Legal account and hath taken great Sums out of the Exchequer converting them to his own Use when His Majesty wanted Money for His own urgent Occasions and His Army had been a long time unpaid 4. That he hath traiterously abused the Power and Authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual Dependance and Confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical Designs 5. That he hath maliciously endeavoured to stir up Enmity and Hostility between His Majesties Subjects of England and those of Scotland 6. That he hath traiterously broke the great Trust reposed in him by His Majesty of Lieutenant-General of His Army by wilful betraying divers of His Majesties Subjects to death his Army to a dishonourable Defeat by the Scots at Newborne and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss as that of New-Castle His Majesties Realm of England might be engaged in a National and irreconcilable Quarrel with the Scots 7. That to preserve himself from being questioned for those and other his traiterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious Slanders to incense His Majesty against Parliaments By which Words Counsels and Actions he hath traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from His Majesty to set a Division between them and to ruine and destroy His Majesties Kingdoms for which they Impeach him of High Treason against our Soveraign Lord the King His Crown and Dignity 8. And he the said Earl of Strafford was Lord-Deputy of Ireland and Lieutenant-General of the Army there viz. His most Excellent Majesty for His Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant-General of all His Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. That the said Commons by Protestations saving to themselves the liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering Proofs also of the Premisses or any of them or any other Impeachment or Accusation that shall be exhibited by them as the Cause shall according to the course of Parliaments require do pray that the said Earl may be put to Answer for all and every of the Premisses that such Proceedings Examinations Trials and Judgments may be upon every of them had and used as is agreeable to Law and Justice Tuesday November 24th 1640. These Articles thus Resolved upon by Question were by another Question Ordered to be engrossed against to morrow Morning and no Copies to be delivered of them in the Interim and the same Committee that prepared the Charge is to draw up the Interrogatories and Mr. Pym is to go up to the Lords with the Charge Wednesday November 25th 1640. Lord Digby went up with this Message to the Lords That this House desires a Conference with their Lordships by a Committee of both Houses concerning the Articles to be Exhibited against the Earl of Strafford Lord Digby brings Answer That their Lordships have Considered the Message and desire to meet a Committee of that House with a Committee of theirs presently in the Painted-Chamber The ingrossed Articles were again openly read in the House and agreed to be sent up to the Lords by Mr. Pym by a Vote upon the Question Mr. Pym before he went made a short Declaration of the substance of that he intended to deliver unto the Lords both before and after the delivery of the Articles Mr. Pym's Report of the Conference with the Lords in delivering up the Articles against the Earl of Strafford that he attended the great Committee of this House and in their presence delivered to the Committee of the Lords House the Charge against the Earl of Strafford and if any thing passed him through weakness or disability he desires the excuse of this House It was moved that Mr. Pym might have Thanks for his well delivery of the Charge against the Earl of Strafford Friday November 27th 1640. A Message from the Lords by Justice Littleton and Justice Bartley The Lords desire a Conference by a Committee of thirty of their House with a proportionable number of this House concerning the Message that was brought unto them by Mr. Pym touching the Examination of their Members in the Accusation of the Earl of Strafford and desire a free Conference touching the last Point of that Message that some of the Members of this House should be present at the Examination and they desire it this morning in the Painted-Chamber if it may stand with the conveniency of this House Answer returned by the same Messenger That this House has taken into Consideration their Lordships Message and will in Convenient time return Answer by Messengers of their own Saturday November 28th 1640. Mr. Whistler Reports from the Grand Committee for Irish Affairs that there are many Petitions and full of matter of Complaints of the proceedings in Ireland and Suitors here for Justice There are many Petitioners here whose Estates are so exhausted that they are scarce able to bring Witnesses from Ireland hither many great Persons of
divert the Earl of Argile in case he joined with the Covenanters Army against the King but it was mentioned in the King's Letter 2. Mertii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir Iohn Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was setled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King
probable Grounds we are accountable only for our industry or remisness but in judgment We are deeply responsible to God Almighty for it's Rectitude or Obliquity in Cases of Life the Judge is God's Steward of the Parties blood and must give a strict account for every drop But as I told you Mr. Speaker I will not insist long upon the Ground of Difference in me now from what I was formerly The truth on 't is Sir the same Ground whereupon I with the rest of the Five to whom you first committed the Consideration of my Lord Strafford brought down our Opinion That it was fit he should be Accused of Treason upon the same Ground I was engaged with earnestness in his Prosecution and had the same Ground remained in that force of belief with me which till very lately it did I should not have been tender in his Condemnation But truly Sir to deal plainly with you that Ground of our Accusation That Spur to our Prosecution and that which should be the basis of my judgment of the Earl of Strafford as unto Treason is to my understanding quite vanisht away This it was Mr. Speaker His Advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his Accusation I was confirmed in the same belief during the Prosecution and fortified in it most of all since Sir Henry Vane's preparatory Examination by the assurances which that worthy Member Mr. Pym gave me that his Testimony would be made convincing by some Notes of what passed at that Iunto concurrent with it which I ever understanding to be of some other Councellor you see now prove but a Copy of the same Secretaries Notes discovered and produc'd in the manner you have heard and those such disjoynted Fragments of the Venemous part of Discourses no Results no Conclusions of Counsels which are the only things that Secretaries should Register there being no use at all of the other but to Accuse and to bring men into danger But Sir this is not that which overthrows the Evidence with me concerning the Army of Ireland nor yet that all the rest of the Iunto upon their Oaths remember nothing of it But this Sir which I shall tell you is that which works with me under favour to an utter overthrow of his Evidence as unto that of the Army of Ireland before whilst I was a Prosecutor and under tie of Secrecy I might not discover any weakness of the Cause which now as a Judge I must Mr. Secretary was examined thrice upon Oath at the preparatory Committee The first time he was questioned to all the Interrogatories and to that part of the Seventh which concerns the Army of Ireland He said positively in these words I cannot Charge him with that But for the rest he desires time to recollect himself which was granted him Some days after he was Examined a second time and then deposes these words concerning the King's being Absolved from Rules of Government and so forth very clearly But being prest to that part concerning the Irish Army He said again I can say nothing to that Here we thought we had done with him till divers weeks after my Lord of Northumberland and all others of the Iunto denying to have heard any thing concerning those words Of reducing England by the Irish Army It was thought fit to Examine the Secretary once more and then he deposes these words to have been said by the Earl of Strafford to His Majesty You have an Army in Ireland which you may Imploy here to reduce or some word to that sense this Kingdom Mr. Speaker these are the Circumstances which I confess with my Conscience thrust quite out of doors that Grand Article of our Charge concerning his desperate Advice to the King of Employing the Irish Army here Let not this I beseech you be driven to an Aspersion upon Mr. Secretary as if he should have Sworn otherwise than he knew or believed he is too worthy to do that only let thus much be inferred from it that he who twice upon Oath with time of recollection could not remember any thing of such a business might well a third time mis-remember somewhat in this business the difference of one letter here for there or that for this quite alters the Case the latter also being more probable since it is confest of all hands that the Debate then was concerning a War with Scotland and you may remember that at the Bar he once said To employ there And thus Mr. Speaker I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford This was that whereupon I Accused him with a free heart Prosecuted him with earnestness and had it to my understanding been proved should have condemned him with Innocence Whereas now I cannot satisfie my Conscience to do it I profess I can have no notion of any bodies intent to subvert the Laws Treasonably or by force and this design of Force not appearing all his other wicked Practises cannot amount so high with me I can find a more easie and more natural Spring from whence to derive all his other Crimes than from an intent to bring in Tyranny and to make his own Posterity as well as Us Slaves as from Revenge from Pride from Avarice from Passion and Insolence of Nature But had this of the Irish Army been proved it would have diffused a Complexion of Treason over all it would have been a Withe indeed to bind all those other scattered and lesser branches as it were into a Faggot of Treason I do not say but the rest may represent him a man as worthy to die but perhaps worthier than many a Traytor I do not say but they may justly direct Us to Enact That they shall be Treason for the future But God keep me from giving Judgment of Death on any man and of Ruine to his innocent Posterity upon a Law made a Posteriori Let the Mark be set on the door where the Plague is and then let him that will enter die I know Mr. Speaker there is in Parliament a double Power of Life and Death by Bill a Judicial Power and a Legislative the measure of the one is what 's legally just of the other what is Prudentially and Politickly fit for the good and preservation of the whole But these two under favour are not to be confounded in Judgment We must not piece up want of legality with matter of convenience not the defailance of prudential fitness with a pretence of legal Justice To Condemn my Lord of Strafford Judicially as for Treason my Conscience is not assured that the matter will bear it And I do it by the Legislative Power my reason consultively cannot agree to that since I am perswaded neither the Lords nor the King will pass the Bill and consequently that Our passing it will be
justifie the Justice and Legality of the Bill of Attainder Mr. Pym Mr. Stroud Sir Thomas Barrington Mr. Hollis and Sir Io. Hotham are to prepare Heads for this Conference and to manage it Mr. Pierepoint Reports the Conference had with the Lords touching the matter of Law in the Case of the Earl of Strafford My Lord Privy-Seal said That the intention of their House was to have proceeded in the former way to have heard the Council upon the legal part but since it is your desire to have a Committee of both Houses to meet at the time and place before appointed the day being now far spent and finding something of moment to be considered of their Lordships will send an Answer by Messengers of their own in time convenient and therefore shall not meet on Saturday in Westminster-Hall but will sit on Saturday in their own House Friday April 23th 1641. Post Merid. Exceptions were taken by divers Members of the House to the Lord Digby for many Passages in a Speech of his delivered at the passing of the Bill of Attainder of the Earl of Strafford The Lord Digby rose up and in his place explained himself touching those several Passages and there was no more done thereupon at this time Saturday April 24th 1641. Post Merid. Two Petitions from divers of the Citizens of London were this day read 1. To the House of Commons 2. To the Honourable Assembly of the Lords and Commons as followeth To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great Sums of Money to use to call it in and remit much of it by Exchange into Forreign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these Parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English-Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and Imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offendors remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet Reformed and the Earl of Strafford who as now appears hath Counselled the Plundering of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be Practices now in hand to hinder the Birth of your great Endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing therefrom and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their said Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. Subscribed to the Petition 20000 all Men of good Rank and Quality After the Petition was Read and Considered The Lord Russel goes up to the Lords with this Message to desire a Conference by a Committee of both Houses concerning a Petition from the City of London directed to both Houses of Parliament Mr. Glyn is Ordered to manage this Conference and Mr. Hill to assist him and to deliver the Petition from the Citizens of London at this Conference and thence to take occasion of representing the Desires of this House likewise for the Expediting of the Bill of Attainder of the Earl of Strafford Monday April 26th 1641. Post Merid. A Message from the Lords by Judge Reeves and Judge Heath That they are ready for a Conference by a Committee of both Houses to the Petition presented from London for which this House sent a Message on Saturday last Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a meeting presently as is desired According to an Order on Saturday last Mr. Glyn and Mr. Hill went up to manage this Conference and Sir Walter Earle is Ordered to manage Mr. Pym's part in respect of his absence at this time Tuesday April 27th 1641. Post Merid. A Message from the Lords by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall and there to hear this House according to their own offer when they brought up the Bill of Attainder of the Earl of Strafford
Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to examine hear and determine according to the course of Proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in those parts and did disinherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel and procure further Directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl to bring His Majesties Liege-people into a dislike of His Majesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and Governed by the same Laws The said Earl being Lord Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased and speaking of the Charters of former Kings of England made to that City he further then said That their Charters were nothing worth and did bind the King no further than He pleased IV. That Richard Earl of Cork having sued out Process-in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper-Petition without Legal procéeding did the 20th day of February in the Eleventh Year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said Eleventh Year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tythes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his words and spéeches arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government V. That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and
piece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the King's Liege-people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare That the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgment of His Supremacy only but to the Ceremonies and Government of the Church Established and to be established by His Majesties Royal Authority and said That the Refusers to obey he would prosecute to the blood XX. That the said Earl hath in the 15th and 16th Years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotish Nation and divers and sundry times and especially since the pacification made by His Majesty with His said Subjects of Scotland in Summer in the 15th Year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation And the said Earl by his Counsels Actions and Endeavours hath béen and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his mind towards His Majesties Subjects of the Scotish Nation viz. the Tenth day of October in the Fiftteenth Year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased His Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article only excepted and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War XXI That the said Earl of Strafford shortly after his Spéeches mentioned in the last precedent Articles to wit in the 15th Year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North and had a pacification with his Subjects of Scotland he laboured by all means to procure His Majesty to break that pacification incensing His Majesty against His Subjects of that Kingdom and the procéeding of the Parliament there And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he counselled His Majesty to call a Parliament in England yet the said Earl intended that if the said procéedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs he would then procure His Majesty to break the same and by ways of force and power to raise monies upon the Subjects of this Kingdom And for the encouragement of His Majesty to hearken to his advice he did before His Majesty and His Privy-Council then sitting in Council make a large Declaration that he would serve His Majesty in any other way in case the Parliament should not supply him XXII That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their Assistance in a War against the Scots and gave directions for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederacing with one Sir George Ratcliff did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Maiesties Subjects and of altering and subderting of the Fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford returned into England and to sundry persons declared his Opinion to be that His Majesty should first trie the Parliament here and if that did not supply him according to his Occasions He might use then His Prerogative as He pleased to levy what He néeded and that He should be acquitted both of God and man He took some other courses to supply Himself though it were against the wills of His Subjects XXIII That upon the Thirtéenth day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did accordingly to the Trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesties referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Spéeches and Messages to urge the said Commons House to enter into some Resolution for His Majesties supply for maintenance of His War against His Subjects of Scotland before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a Demand was then made from His Majtsty of Twelve Subsidies for the release of Ship-money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some supply before any Resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to dissolve the said Parliament upon the Fifth day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had béen Members of the said House of Commons by telling His Majesty They had denied to supply him And afterwards upon the same day did traiterously and wickedly Counsel and Advise His Majesty to this effect viz. that having tried the affections of His People he was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tried all ways and was refused and should be acquitted towards God and man and that he had an Army in Ireland meaning the Army
above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom XXIV That in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and declared before others of His Majesties Privy-Council that the Parliament of England had forsaken the King and that in denying to supply the King they had given Him advantage to supply Himself by other ways and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such waies as He should hold fit and that He was not to suffer Himself to be mastered by the frowardness and undutifulness of the people And having so maliciously standered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Kéeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book entituled His Majesties Declaration of the Causes that moved Him to Dissolve the last Parliament full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons XXV That not long after the Dissolution of the said last Parliament viz. in the months of May and June he the Earl of Strafford did advise the King to go on vigorously in levying the Ship-money and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber and afterwards by his advice they were sued in Star-Chamber for not levying the same and divers of His Majesties loving Subjects were sent for and imprisoned by his advice for that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and Sheriffs and Aldermen of the said City were often sent for by his advice to the Council-Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the Names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these and the like Speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the héels and some of the Aldermen hanged up XXVI That the said Earl by his wicked Counsels having brought His Majesty into excessive Charge without any just cause he did in the month of July last for the support of the said great Charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the Money in the Mint And to imbase His Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to His Majesties use And when divers Merchants of London Owners of the said Bullion and Money came to his house to let him understand the great mischief that course would produce here and in other parts and what prejudice it would be to the Kingdom by discrediting the Mint and hindring the importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with His Majesty and that they were more ready to help the Rebels than to help His Majesty And that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their Occasions And when in the same month of July the Officers of His Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them That the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their Accounts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy of his Lordships consideration meaning this course of the French King to raise monies by force was a point worthy of his Lordships consideration XXVII That in or about the month of August last he was made Lieutenant General of all His Majesties Forces in the North prepared against the Scots and being at York did then in the month of September by his own authority and without any lawful Warrant impose a Tax on His Majesties Subjects in the County of York of eight pence per diem for maintenance of every Souldier of the Trained Bands of that County which sums of money he caused to be levied by force And to the end to compel His Majesties Subjects out of fear and terrour to yield to the payment of the same he did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and and they that refused it were in very little better condition than of High Treason XXVIII That in the months of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of His Majesties Army he did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malitious desire to engage the Kindgoms of England and Scotland in a National and bloody War he did write to the Lord Conway the General of the Horse and under the said Earls Command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed the said Earl that His Majesties Army then under his Command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray His Majesties Army then under his Command to apparent danger and loss All and every which words counsels and actions of the said Earl of Strafford were spoken given and done by him the said Earl of Strafford traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege-people of all His Realms from His Majesty and to set division between them and to ruine and destroy His Majesty and Majesties said Kingdoms for which they do further impeach him the said Thomas Earl of
time or no. The Lord High Steward answered that their Lordships Commandment is to let his Lordship know That if the House of Commons proceed not by their Members to manage the Evidence this day then what his Lordship hath to say to this House may be put off to another time And so their Lordships Adjourned to the House above by which is meant the House where the Lords use to sit in Parliament and appointed the next morning to proceed in this business The Second day Tuesday March 23. 1640 THeir Lordships being set the Lord Steward recited in brief the proceedings of the day before adding that naturally and properly it belongs in the next place for those whom the House of Commons have deputed to manage their Evidence in pursuance of the Articles of Impeachment to begin the work of the day Then Mr. Pym one of the Committee appointed for the management of the Evidence began as followeth My Lords We stand here by the Commandment of the Knights Citizens and Burgesses now assembled for the Commons in Parliament And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a Great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause strength and vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Iob to cast out their Sorrows Truth and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Uprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says he would endure any thing rather than be saved by Falshoood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under His Majesty he is bold to affirm That he hath been careful and faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of His Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Usurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Increase of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects He hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is
Here is above 320000 l. consumed in a year which is almost as much as Queen Elizabeth consumed in any year when Tyrone was in Rebellion and an Army of Spaniards was there My Lords He saith he never took Money out of the Exchequer if he rests in that Affirmation it will be very near truth yet serves but to shadow a falshood which is worse to cover and to glaze under such a Colour of Truth as that is a notable Falshood My Lords It is true he hath taken no Money out of the Exchequer but he could be content to take from the Under-Treasurer of the Exchequer 24000 l. about two years since and to keep it for his own occasions when the Kings Army was in want And he paid it in but lately And before I pass from this matter of the Revenue give me leave to speak something of the increase that comes in by the Customs It is true there is a great increase but if your Lordships look to the beginning of that bargain you shall find the notablest cozenage that ever was offered to a Prince in one that was a sworn Servant and intrusted with so great a Charge It will be more fully opened in the Article that concerns the Customs but I shall speak of it a little He made a bargain and under pretence of getting of 1350 l. gain to the King he gave cause of Allowances and Defalcations whereby he took forth of the Kings Purse 6000 l. a year or very near which the King had before He laid new Additions of charge on the Customs which came to 12000 l. So that on a bargain of giving 1350 l. more than was reserved on the former Lease He was sure that when he made the bargain of gaining 18 or 20000 l. 8. But I shall pass from the Revenue of the Crown to the Revenue of the Church which is in the 8th place He saith he hath been a great Husband for the Church and truly hath brought in many Lands to the Church but he hath brought them in by ways without Law without Rules of Justice He hath taken away mens Inheritances And here My Lords is an offering of Rapine an offering of Injustice and Violence And will God accept such an Offering Must the Revenues of the Church be raised that way It is true it was the more in the way of his own Preferment He knew who sat at the Helme here the Archbishop of Canterbury and such services might win more credit with him It was not an Eye to God and Religion but an Eye to his own Preferment I shall speak no more of that 9. I come to the 9th head and that is the building of Churches Many Churches have been built since his Government Truly My Lords why he should have any Credit or Honour if other men builded Churches I know not I am sure we hear of no Churches he hath built himself If he would have been careful to have set up good Preachers that would have stirred up Devotion in men and made them desirous of the knowledge of God and by that means made more Churches it had been something But I hear nothing of Spiritual Edification nothing of the knowledge of God that by his means hath been dispersed in that Kingdom And certainly they that strive not to build up mens Souls in a Spiritual way of Edification let them build all the material Churches that can be they will do no good God is not worshipped with Walls but he is worshipped with Hearts 10. He saith in the 10th place That many Orthodox and Learned Preachers have been advanced by his means and the Doctrine and Discipline of the Church of England by his means Protected and Defended My Lords I shall give but two or three Paterns of the Clergy that he hath preferred If you will take Doctor Atherton he is not to be found now above Ground for he was hanged for many foul and unspeakable Offences Doctor Bramhill hath been preferred to a great Bishoprick but he is a man that now stands charged with High Treason he hath been but few years in Ireland and yet hath laid out at least 30000 l. in Purchases I shall name but one Chaplain more and that is one Arthur Gwyn who about 1634. was an Under-Groom to the Earl of Corke in his Stable In the year after Dr. Bramhill preferred him to be a Clergy-man and a Parsonage and two Vicaridges Impropriate were taken from my Lord of Corke and given to this Arthur Gwyn I shall add no more Patterns of his Clergy 11. I go to the 11th and that is concerning the Army He hath many glorious Expressions of his Service concerning the Army That they are 1000 Horse and 2000 Foot And that there hath been very few Papists Soldiers or Officers and none preferred by himself Truly I think he says true or within one of true in this for there was but one preferred by himself and therefore I shall not stand upon that But he says this Army was paid out of the Revenue of the Crown which heretofore it was not wont to be To that I have spoken before and shewed that many years before his time all the Charges of Ireland were born within Ireland He says and I speak that as to the Army too That neither the Arms nor Wages have been burdensome to the people of Ireland but their Lodgings and Billettings have not been easie and not without discontent Why My Lords in Dublin it self where they have a Charter that exempts them from Billetting of Soldiers they have been faign to pay for Billetting of Soldiers Nay those Soldiers that were Servants and Dwellers in his own houses and other places must have their Billetting moneys And of this there hath been Petitions and Complaints nay it hath been spoken of in Parliament there and yet he can tell you that the marching and laying of Soldiers is without burthen and grievance to the People that was the Eleventh 12. I go to the 12th and that is the great increase of Trade The increase of Shipping 100 to one Truly My Lords in a time of Peace and in a growing Kingdom as that was being formerly unhusbanded It is no wonder that when Land increases in the Manurance and People increase in Number both Shipping and Trade increases But it is the advantage of the time not the advantage of his Government for My Lords his Government hath been destructive to Trade And that will manifestly appear by the multitude of Monopolies that he hath exercised in his own person And that is all I shall speak to the 12th 13. The 13th is That Justice hath been administred without bribery without partiality without Corruption these are Glorious things But there will as much fall upon him of Corruption and Injustice as of any other Offence And that My Lords will appear to you through the whole course of our Evidence I shall not now speak of the particulars And that we may not content our selves with
of a Gentlemans Sir Thomas Gore being Fined in the Court of Star-Chamber there and his being Arrested by a Warrant from my Lord Wentworth here in London We do not go about to prove that he solicited for this Commission but that he expressed his desire of it and upon that it was granted We shall prove that it was executed in this high manner that when Prohibitions have been taken out he hath punished the parties some he hath threatned Nay Money hath been given to those that were Defendants in the Prohibition And we shall offer this too The Judge is dead before whom it was but upon occasion of a Prohibition he went to a Judge a Reverend and Just man Mr. Justice Hutton what was said privately between them we cannot tell but we shall prove that Mr. Justice Hutton complained with Tears in his Eyes how that Lord used him about a Prohibition And so we shall leave this Article with this We shall not go about to prove Decrees for which he might have Colour but for these Clauses he could have no Colour they never being in any Commission before THE First Article The Charge THat the said Earl of Strafford the 21st day of March in the Eighth year of His Majesties Raign was President of the Kings Council in the Northern parts of England That the said Earl being President of the said Council on the 21st of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanours Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falâ—ties therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to Examine Hear and Determine according to the course of Procéedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Frée-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Procéedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in Practice such Instructions nor had they any such Instructions yet the said Earl in the Month of May in the said Eighth year and divers years following did put in Practice Exercise and Use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in these parts and did Dis-inherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransom Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in Subversion of the same And the said Commission and Instructions were procured and issued by Advice of the said Earl And he the said Earl to the intent that such illegal and unjust Power might be exercised with the greater Licence and Will did Advise Counsel and Procure further directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall excéed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the Solicitation and Advice of the said Earl of Strafford Proofs touching the Commission for Government in the North enlarged To the point of Star-Chamber Power THe Commission granted 21 Mar. 8 Car. was read 19 Article whereby my Lord as President or in his absence the Vice-President assisted prout in the Commission are authorized to hear end and determine according to the Course of proceedings in the Star-Chamber all and all manner of Forgeries Extortions c. And to Fine c. So as the Fines imposed be not less than by the Acts of Parliament is provided c. Whence observe That he would have power in Fining to go beyond but not less than the Fines in the Act of Parliament To the point of Chancery Iurisdiction Article 23. was read whereby Power is given by Injunction to stay Proceedings in any Court of Common Law Article 28. was read whereby Power is given to send the Sergeant at Armes and Attach in any part of the Realm of England and to bring before the Lord President c. any person departing the Jurisdiction of that Court after Commission of Rebellion sued forth Article 29. whereby is granted That no Prohibition be granted in the Court of Westminster to stay Proceedings in that Court But in cases where the Court of the President shall exceed the Kings Instructions and if any Habeas Corpus shall be sued forth for not performing the Order of that Court the party Committed not to be discharged so long as such Orders shall stand in force and if any Fine be thereupon estreated The Treasurer and Barons of the Exchequer to discharge it Whence observe That the not granting of Prohibitions or Habeas Corpus's and the discharging of the Fines estreated are new To the sending of Proces actually before these Clauses granted and to the Earl of Straffords procuring the Clause to be supplyed when he found the Defect Iohn Gore Sworn and being interrogated how his Father was Arrested and how long before this Commission Answered That Sir Thomas Gore his Father was Arrested in London by a Sergeant at Armes That his Father conceiving it to be out of the Instructions at Yorke did Appeal to the Council-Table That Mr. Mason argued for his Father and made it appear That the President and Council had no Instructions to take a
Lords but that he spake only to the point of time My Lord of Strafford did here affirm it to be most certainly true That the Petition concerning the things Mr. Fitzgarret mentions was delivered at Council-Board and not in Parliament and desiring Mr. Fitzgarrets further explanation of himself He Answered That he conceives there were two Petitions one as he thinks concerning the performance of the Instructions of 1628. whereunto an Answer might be given at Council-Board and he believes it was subscribed by many of the Council There was another Petition of Grievances seeking redress of them and to whether of these his Lordship gave an Answer in Parliament he remembers not but believes there was an Answer made to both or one of them in full Parliament The Lord Gorminstone being demanded at what time and on what occasion my Lord of Strafford spake the words he was examined on before in the Parliament at Dublin He Answered A Petition was delivered to my Lord of Strafford and he spake to the House wherein he spake the words that he had formerly related That they must expect Laws as from a Conqueror and that the Instructions published for the setling of that Government were procured by a company of narrow hearted Commissioners That he did not then remember the certain time but he is sure it was in Parliament and so resented that almost all took notice of it when most part were English and British Extractions and very few Irish. The Lord Killmallock being demanded to the same purpose Answered That he conceived the occasion was a delivery of a Petition to his Lordship It is true it was not delivered in Parliament nor were the words spoken at the Council-Table where the Petition was delivered But he conceives it was on occasion of delivering that Petition that his Lordship speaks For after the Petition was delivered three or four days after his Lordship came to the Parliament House he called both Houses before him and there delivered these words That Ireland was a Conquered Nation and therefore must expect Laws as from a Conqueror Adding further That the Book of Instructions meaning the Book Printed in King Iames His Reign for the orderly Government of the Courts of Justice was contrived and procured by a company of narrow-hearted Commissioners who knew not what belonged to Government The words he said he remembers very perfectly as having great misery on his heart in the speaking And whereas it is said none did take notice of them They did but they durst not it wrought inwardly and had they spoken of it they expected no redress but a greater addition of calamity to them We shall now proceed and observe That this Article touching the Laws of Ireland gives the ground-work of what follows in the subsequent Articles concerning Ireland And first We desire Your Lordships to take into remembrance That though Ireland differ in some particular Statutes from England yet they enjoy the same Common Law without any difference That by the Statute 28 H. 6. in Ireland It is Enacted That every Cause shall be remitted to its proper Court It is true the King hath this Prerogative not to be tied to sue in the Kings-Bench but may sue in any Courts of Justice for matters Triable in the Common-Pleas or Chancery or Exchequer all Courts are open to him wherever he will have his Cause judged but with the Subject the proper Cause must go to the proper Court and according to this the exercise and use is continued in that Kingdom Some Incroachments being made King Iames of blessed memory took consideration of it he appointed Commissioners and Instructions were Printed in pursuance of this A Noble Earl now present Justice Iones Sergeant Crew and divers others were imployed in that Service These Instructions as they remit the Causes to the proper Courts so they declare that it had crept in at the Council-Table in latter times to take Oaths but direct that it shall be forborn for matters of Interest and Complaint between party and party and matters of Title And it stays not here but a Proclamation is issued to the same effect This Statute these Instructions and this Proclamation we desire may be read Accordingly the Statute was read whereby it was ordained to the Governour of the Land or other Officer for the time being He that accuses shall find sufficient sureties for the damage of him that is accused and if it shall be adjudged that the Suggestion or Accusation is not true c. And also that he that is Arrested may go by Surety or Bail till the matter be determined And if it be matter of Treason or Felony to be remitted to the Kings-Bench if Conscience to the Chancery if Franchise to the Seneschal of the Liberty if for Debt to the Common-Pleas c. saving the Kings Prerogative Then part of the Instructions were read published 1622. wherein it is Ordered That the Council-Table shall keep it self within its proper bounds Amongst which the Patents of Plantations and the Offices on which the Grants are founded are to be handled as matters of State and to be determined by the Lord Deputy and Council publickly but Titles between party and party are to be left to the ordinary course of Law and neither Lord-Deputy Governour nor Council-Table hereafter to intermeddle or trouble themselves with ordinary businesses within Cognizance of ordinary Courts nor meddle with possession of Land nor make or use private Orders Hearings or References concerning such matters nor grant Injunctions nor Orders for stay of Suits at Common Law Causes recommended from the Council of England and spiritual Causes concerning the Church excepted Then the Proclamation was read dated November 7. 1625. whereby it is commanded That the Deputy and Council-Chamber in Ireland then and from time to come shall not entertain or take consideration of any private Cause or Causes or Controversies between party and party concerning their private and particular Estates nor any Cause or Controversie of that Board which are not of that nature that do properly concern matter of State But that all Causes and Controversies of that nature moved or depending between party and party concerning private and particular Interests be proceeded in in the ordinary Courts of that Kingdom respectively to whom the Cognizance of these Causes and Controversies doth belong c. For that Objection from the Opinion of my Lord Cooke in Calvins Case if it were an Opinion to the contrary in an Argument it is no binding Authority But that Opinion is nothing at all against what hath been said for it is express That Ireland did retain the same Common Law with England It is true Ireland hath Statutes and Customs particularly retained and so there be divers particular Customs in England that differ from the Common Law yet are approved and allowed in it as in Wales and the Custom of Gavel-kind and the Common Law which is the general Government is the
of an Arbitrary Power of Jurisdiction in a case of Land without any former President wherein if he be justifiable he may as well riding on the High-way determine any mans Estate and added That if my Lord of Strafford insist on this they shall prove it not only in this but in twenty more of this condition on the Reply My Lord of Strafford desiring they might bring their Proofs at once The Manager Answered That they should prove an Act of the same Nature but of a higher strain concerning a Peer of the Realm for he chased such Lions But my Lord of Strafford desiring they might be kept to that within the Charge His Lordship began his Defence in substance as followeth I confess I am Charged with Treason by the Honourable House of Commons and that is my greatest grief for if it were not an Arrow sent out of that Quiver it would not be so heavy as it is but as it comes from them it pierces my heart through not with Guilt yet with Grief that in my Grey hairs I should be mis-understood by the Companions of my Youth with whom I have formerly spent so much time If the Decree be just as it is most just I hope it will go very far in the Case That whereas it is said it was against a Peer Justice excepts not persons and I know no Priviledge Peers have in point of possession of Land above common persons The Act of Parliament read the other day against which it is supposed to be made I conceive it to be the Statute in H. 6. time and desire your Lordships to remember that by the last words the King's Prerogative is saved I have done nothing contrary to the Instructions in King Iames his time nor the Proclamation nor any thing but according to the Power of former Deputies I acknowledge my Answer is mistaken in saying the Cause depended formerly in the Chancery which was not out of cunning but a meer failing of memory I desire my Commission may be read whereby it will appear I had Power to do that for which I am now questioned The Commission was read whereby he had Authority to proceed Secundum consuetudines terrae c. From whence he observed That having so great a Power the receiving of a Petition and giving Relief to a poor body should not be so great a fault being at the most but the exceeding of a Jurisdiction but by no Construction can be made Treason That yet this is no exceeding of a Jurisdiction but was a Power always in the Deputies before his time and warranted To prove it he produced the printed Instructions whereby the Deputy and Council-Table are forbid to meddle with common businesses within Cognizance of ordinary Courts nor alter possession of Land nor make private Orders or Hearings nor make Injunctions for staying Suits in any Civil Cause Which shews that that course was in practise before the Instructions took it away viz. to alter Possessions to grant Injunctions c. To prove by Witnesses that this Power was always exercised by the Deputy in the nature of a Court of Requests in England He offered my Lord Primate of Armagh his Deposition being taken by reason of his sickness by vertue of an Order of their Lordships but for that the Commons had liberty by that Order to cross-examine and yet had no notice thereof or of the Depositions so taken the using of these Depositions was waved after much debate till the next day in the mean time the Commons may cross-examine Henry Dillon asked Whether Petitions have been usually preferred to the Deputies and in how many Governors time he hath known it to be so That these Paper-Petitions have been preferred He Answered His Father had a Lease during his own life and his Wives and the longer liver of them and fifteen years after to his Executors and Administrators which he the said Henry Dillon being come to full age enquired into and looking upon his Fathers Evidences he found a business there depending between Sir Patrick Plaintiff and his Father Defendant before my Lord Chichester in the time of his Government and he found several Orders under my Lord Chichesters Hand in that Cause that he being Executor to Maurice Fitzgerard and having occasion to peruse his Writings to see what Debts were due to him he found among them several Orders of my Lord Grandison's time one Petition of Fitzgerard as well for Debts as for Land That in the time of my Lord Faulkland he observed and hath seen several Orders made by his Lordship and one made on behalf of his Sister Mary Dillon for a Portion paid by his Father and he recovered the portion and received the Money That in the time of my Lord of Corke and Lord of Elyes being Governors there was a Petition preferred against him by my Lord of Longford for a Horse taken by him the said Henry Dillon as Sheriff of the County of Longford pretending it to be a stray and belonging to His Majesty and triable as he conceived in the Exchequer and that he did appear but my Lord of Longford died before Examination Being asked Whether the Causes were before the Deputy alone or the Deputy and Council He Answered That in the time of my Lord Chichester he knows not whether they were before the Deputy alone but he found only my Lord Chichester's Hand to the Orders In my Lord Grandison's time he saw his Hand only but where the Causes depended he knows not But that in my Lord Faulkland's time was only by my Lord-Deputy That of my Lord Corkes and Lord of Elyes he remembers not whether it was before their Lordships and the Council but the way he was called to Answer was by Pursevant before he had notice of the Suit Being asked Whether Examinations were taken He Answered That in the Case of his Sister he conceives there were Examinations taken upon Oath And that in the Cause before my Lord of Corke and Lord of Ely the Attachment was under the Hands of the two Lords Justices alone Being asked on the Managers motion Whether he hath any of those Orders to shew He Answered He knows not whether those in my Lord Chichester's time were delivered to my Lord Dun on composing the Difference or in his Custody Robert Lord Dillon was asked What he heard my Lord Grandison say in maintenance of this Judicature by my Lord-Deputy alone He Answered That he heard my Lord Grandison himself say nothing of it but he heard by others that he pretended to it as a Judicature belōnging to the Sword Being asked what he hath known of the practice of this Court before the Lord Deputy alone before how many Deputies and upon what occasions He Answered That he hath seen divers Orders of Deputies or Petitions singly signed by themselves and no other hand but the Deputies Being asked in how many Deputies times He Answered That he hath seen of my Lord Faulklands
I desire that these matters that come on me suddenly and being no part of my Charge may not stick with Your Lordships In the business of my Lord of Baltinglasse I remember little only that my Lord Baltinglasse had forfeited his Estate to Sir Robert Parkhurst who had a clear and free Estate in the Land by Fine and Recovery and divers Conveyances The Lord Baltinglasse desired me to take the hearing of the Cause to see if I could procure from Sir Robert Parkhurst a further sum of money The Order was made with both their likings and my Lord Baltinglasse was content to perfect the whole Estate Sir Robert Parkhurst was in Possession at that time not the Lord Baltinglasse That seeing no cause to relieve him in Equity they left him to seek relief in other places That afterwards an Agreement was made 300 l. received by the Lord Baltinglasse and after 100 l. more got to be given and so there was a full Conveyance and Acquittance from Father and Son That himself hath no Interest in it but only of Trust to anothers use For that which was offered against the Jurisdiction the Proofs are Negative and contradict not what I have offered And if I might shew my Lord of Faulklands Book of Entries I could produce as much done by my Lord Faulkland alone 1623. Attachments against Body and Goods Hearings between Parties and Parties Warrants for Distresses Warrants to the Sheriff for Possession of Lands Injunctions to Judges of Assize For my Lord Mountnorris his Imprisonment I desire Your Lordships to observe that His Majesties Reference is That I shall not set him at liberty without a Submission so that he may thank himself for his Restraint For my Carriage to the Lady Mountnorris at the delivering the Petition I desire Your Lordships to hear a Witness Who being asked to that purpose Answered That he was present when my Lady Mountnorris was once with my Lord but knows not whether that were the time in question It was about 1636. That he was present when her Son delivered one before which my Lord would receive but her Son would not deliver the Reference but a Copy being so Commanded by his Lady Mother That when my Lady delivered it on her Knees my Lord told her She had done him the greatest Injury she could devise and that if she had broke his Head she should have pleased him better Being asked whether my Lord rejected the Petition He Answered That he cannot certainly remember what was done with it but my Lord said he could not do any thing on a Copy The Lord Viscount Dillon being asked to the same point Answered He was by when my Lady Mountnorris came to my Lord to the Covent-Garden with a Petition in her hand and kneeled to my Lord but my Lord desired her to rise and offering the Petition he said he would not meddle with any Petition at that time That my Lord was going abroad and led her to her Coach in Civility but received not the Petition My Lord of Strafford professeth these things be so long past that he remembers them not well nor whether she offered a Copy the second time The Manager did here observe That he acknowledged the Civility of my Lord of Strafford in this point but there is one point sticks with him as higher than any offered and then their Lordships may think he goes high enough That there hath been proved my Lord of Straffords Tyrannical Proceedings on the Life and Fortune of my Lord Mountnorris One step more the Manager said he had heard off and that was his Soul and that sticks with him more than any thing else He kept him in Prison till he should acknowledge the justness of a Sentence which in his Heart he abhorred and held unjust That all former Tyrants when they would proceed against a man have found out two false Witnesses but when a man shall be made a false Witness against himself it is much more Tyrannical And he wished this Design had kept only in Ireland and had not come into England which he hopes shall be so no more And so after a short Reply to the two particulars last mentioned the Manager closed the 6th Article conceiving that it remains as was offered That my Lord of Strafford hath determined things contrary to the Commission and Authority obtained from His Majesty The Manager added That for the present the Commons will pass by the 7th Article and proceed to the 8th concerning Arbitrary Power over the Estates of the Kings Subjects And of that the last part only concerning the Lady Hibbott But my Lord of Strafford professing his disability to endure the Toil and that he was ready to drop down in respect of his much sickness and weakness and desiring their Lordships to turn the case inward and to see in the Closet of their own Hearts if there be not reason that being upon his Life his Honour and Children and all he hath he should not be prest further and setting forth how the rest of the day after his going hence is disposed of The House was Adjourned till next day The Fourth day Thursday March 26. 1641. THE Eighth Article The Charge THat the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any Legal Process made a Decrée or Order against Adam Uiscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Uiscount to be imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord. Uiscount to yield up unto him the Great Seal of the Realm of Ireland which was then in his Custody by His Majesties Command and imprisoned the said Chancellor for not obeying such his Command And without any Legal Proceeding did in the same Thirtéenth Year imprison George Earl of Kildare a Péer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castleleigh in the Quéens Country being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year Prisoner for the said cause two months whereof he kept him close-Prisoner and refused to enlarge him notwithstanding His Majesties Letters for his Enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October Anno Domini 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Council-Table of Ireland where the most part of the Council gave their Uote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit
but a Charge to call him to Accompt rather than to Condemn him or Judge him by For it is the Remonstrance of the Commons House that have not power to give an Oath and so may be easily misinformed when they want a Meanes to try out the Truth But for the Great Fees exacted for these Licences Here are two of his Secretaries imployed in this business whom his Lordship desired might be Examined What Fees they demanded and had in this particular He added That he durst say Thousands that went over without Licence were never question'd for it nor any but where there was Cause as in Case a Man was ill-affected and then he was looked after Mr. Slingsby being Asked about the Fees for Licences He Answered They did give the Clerks directions never to demand any Fees for Licences and that the Clerk never accompted to him for above Five shillings for any Licence which he said was voluntarily given not demanded Mr. Little being Asked to the matter of Fees He Answered That he Charged his servant still to demand no Fees for Licences except of Privy-Counsellors or Officers of the Army and when they had Licences they paid for them and the Fee of the Licence from the Captains was 20 Shillings the ordinary Fee for others Five shillings and many times none at all was paid And then my Lord of Strafford added That he had now gone over all the particular Proofes as near as he could remember them And the last he shall insist on is this That there is nothing in this Charge as he conceives of Treason and he must needs Conclude every Article so in regard Treason is the only thing he is Charged withal And he conceives he hath given such Answers to this that nothing shall convince him before their Lordships of Treason And for matter of Misdemeanors he knowes their Lordships will give him time to examine Witnesses and leave for his Counsel to be heard and then he shall Acquit himself as becomes him and so with all humility submit it to their Lordships And thus his Lordship concluded his Defence ARTICLE XVI REPLICATION Mr. Palmer Replyed thereunto in substance as followeth THat my Lord of Strafford in the Preamble of his Defence hath made a great Profession to their Lordships of his endeavour to preserve the Laws in Ireland and that no Deputy did ever less interrupt the Legal Proceedings Which though it be not the matter of the Cause he desired leave to put their Lordships in mind how much he hath interrupted the legal proceedings because it hath been another part of his Army That it hath been fully proved How he Assumed to himself out of the ordinary Jurisdiction Causes to be heard before himself on Paper Petitions which how grosly he hath determined their Lordships have heard And whether this be not an Interruption to legal proceedings he submitted to their Lordships and also left them to Judge how contrary it was to this Profession of my Lord of Strafford To the Matter of the Defence viz. That these Particulars were not complained of Mr. Palmer Answered It is true There is no particular Complaint in the Article but my Lord of Strafford in his Answer said He never deny'd Licenses to any man to go into England and that puts it in Is sue and gives occasion to prove his Denyal To the Reasons of his Propositions Mr. Palmer observed they were viz. Because he was responsible for the Justice of the place and therefore good reason his Integrity should be tried before any Complaints came The Officers and Ministers of Justice should not be drawn from thence on every Complaint where they might have redress at their own doors These are fair shows and something must be said to induce His Majesties Allowance and as much as Art and Skill could invent to prevent the Subjects access to their Sovereign with Complaints of Injustice and Oppression It must have a great deal of Wit and Art to colour it and so he uses it Their Lordships cannot expect it from him nor will their Lordships expect it in the Proofs that he should tell His Majesty he doth all this that they may not complain of Injustice and Oppression for this is a hard thing to be done But the thing it self showes for what end he obtained it his many Acts of Injustice prove Quo obtentu this Proposition was gotten If this had been gotten on the fair grounds pretended then upon Complaints here His Majesty in consideration of them had had it in his own power to have referred them back to Ireland if they were misinformed but meanes were used that they should not come to the King the Barr was laid with the Secretaries and Masters of Requests that His Majesty should by no means know as to consider of the fitness or unfitness of them For the Matter of the Judges and Ministers being withdrawn it is true they were most likely to be complained of but when they cannot be complained of but to my Lord of Strafford this draws a great Dependence on him and makes them amenable to his Will As in the Sentences wherein they concurred and whereby he would justifie himself Again the discouraging of Complaints in this Proposition and the Arguments used to His Majesty provided a Punishment for Clamorous Complaints so that they which had Cause of Complaint being terrified with a Punishment though they were not Clamorous might now be made appear to be so For the Authorities whereby he justifies this Proclamation First He insists on the Lawes of that Kingdom that by the Law they could not depart the Realm and that by an Implication 25 H. 6. But Mr. Palmer observed that that is no Prohibition of coming out of Ireland but if any Liege man c. shall by the Kings Command depart the Realm his Lands should not be seized and the only inference can be That if others went without License their Lands might be seized but not that their persons might be restrained from coming without Licence There were such Provisions and Ordinances in Ireland to which the Instructions following and His Majesties Letter had Reference That those persons that had great Possessions in Ireland in time of Discord were to be resident upon their Land Personally so that their Land might be maintained against Incursions And this is plain by a Statute 28 H. 8. Ca. 3 Reciting the Inconvenience from those they call Absentees That is that having large Possessions by Descent or Graunt did Demurre in England and left those possessions unsafeguarded and by this means the Lands which His Majesty had been at great Cost in Conquering were regained by the Irish and therefore there was a Penalty on those Lands and it is provided that the King shall be Entituled to the Duke of Norfolkes Land for that cause But here is only a Provision that the Lands should be safeguarded but not that the Subject should not resort to the Kings Majesty for
clear this Point and said The Gentlemen is a great way off him and may easily mistake For he said Were it again to do being no better informed then he was at that time he should do it But now he understands more than he understood before But Mr. Stroud Answered That under-favour he did not mistake my Lord for he remembred how fierce my Lord was upon an Oath in the Case of the Loane when he was a Commoner My Lord of Strafford did here desire a Motion or two The First Importing That he should be very unwilling any thing should befall him that might be a Prejudice to the Peerage of the Realm and out of the duty he owes to that he might crave leave humbly to enform their Lordships That he hath a great Family in Ireland his Wife and Children are there that all he hath is seized on So that he hath not as he protested but as he borrowes it Money to buy Meat to feed himself here And how his Wife and Children and Servants do in Ireland he knows not but that they are under the Providence of Almighty God That it is a heavy Case that being Impeached of Treason and Constructive Treason he hopes it will prove at the most that he should be thus used being a Peer of the Realm to have all he hath taken in this sort and his Wife and Children and Family thus unprovided for and left without so much means as to feed themselves he therefore besought their Lordships to take him into Consideration that he may not be worse than the meanest sort of people having the honor to be a Peer under the pretence of Treason The Second was That since my Lord-Keeper and my Lord of Northumberland may be very good Witnesses for him in the subsequent Charge that will next come before their Lordships And whether my Lord Cottington be in disposition to be here on Monday He knows not that therefore some course might be afforded that he might have the benefit of their Testimony when he shall come to Answer the next Charges Being demanded by the Lord Steward By whom his Goods were seized and Whether by the Orders of the House of Commons Read the other day that their Lordships might clearly understand him His Lordship answered Yes From whence Sir Iohn Clotworthy observed That by these Orders nothing could be Inferred but a Sequestration of the advantage that might possibly be had by the Tobacco And that his Lordship had a fair Estate in Ireland of per Annum acquired since he came into Ireland which is not at all touched To which my Lord of Strafford replyed That he had a Thousand a Year in Ireland and that was all And he had Two hundred and sixty in Family and how those can be maintained All the Customs being seized and a little Money he had having but narrowly escaped he desired their Lordships to take it into their Consideration For these Particulars his Lordship had direction to Petition to their Lordships And so the House was Adjourned and Monday morning next appointed to proceed about the ARTICLES The Council for the House of Commons having proceeded against the Earl of Strafford Article by Article till they came to Article 20 but then finding the following Articles so nearly related to one another they would tye themselves no more to these Rules but pleaded for Liberty to handle them not as they lay but as they were Related to one another And after my Lord Strafford had long and vigorously opposed this my Lord High Steward Determined the Case and Ordered They should be handled promiscuously and in cumulo as the Council for the Commons-House should think fit Therefore I have set down these Articles that were thus Debated here THE Twentieth Article The Charge 20. THat the said Earl hath in the Fifteenth and Sixteenth years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotch Nation And diverse and sundry times and especially since the Pacification made by His Majesty with His said Subjects of Scotland in Summer in the Fifteenth year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an Offensive War against His said Subjects of the Scotch Nation And the said Earl by his Counsels Actions and Endeavors hath been and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of Warr against them The said Earl having formerly expressed the height and rancour of his Mind towards His Majesties Subjects of the Scotch Nation viz. the Tenth day of October in the Fifteenth year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotch Nation both root and branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted and the said Earl hath caused diverse of the Ships and Goods of the Scots to be â—aped seized and molested to the intent to set on the said War THE One and Twentieth Article The Charge 21. THat the said Earl of Strafford shortly after his Speeches mentioned in the last Precedent Articles to wit in the Fifteenth year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and contiâ—ed his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much wisdom and goodness had composed the Troubles in the North and had a Paciâ—ation with His Subjects of Scotland he laboured by all means to procure His Majesty to break that Pacification Incensing His Majesty against His Subjects of that Kingdom and the Proceeding of the Parliament there And having Incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he compelled His Majesty to call a Parliament in England yet the said Earl intended that if the said Proceedings of that Parliament should not be â—ch as would stand with the said Earl of Straffords mischievous Dâ— he would then procure His Majesty to break the same and by ways of Force and Power to raise Monies upon the Subâ—cts of this Kingdom And for the encouragement of His Majesty to hearken to his Advice he did before His Majesty and Privy-Council then sitting in Council make a large Declaration That he would serve His Majesty in any other way in case the Parliament
to himself He apprehended there was some design as he feared in England and he had this reason for it too For in that condition they were then in they of the Council of Warr saw no possibility to make this Army in a readiness to invade Scotland within the time limited for by directions of my Lord of Strafford left with them they were to be ready at the Provincial Rendezvous by the 18 th of May and that by subsequent directions was forborn till 18 th Iune then they all met to march to the general Rendezvous The Arms Ammunition and Preparations could not be ready so soon nor were they in readiness till the end of Sept. following So that on the whole matter those amongst them that might be free their consultations all agreed that it might tend to the purposes here declared And from the time observed by my Lord Ranalaugh for the raising of the Army in Ireland Mr. Whitlock observed That it could not be intended for Scotland for no Army was raised in Scotland till some months after To prove the words spoken by the Lord of Strafford himself to shew his designe to bring the Army to England Sir Tho. German Comptroller of His Majesties Houshold being Interrogated whether he heard not the Earl of Strafford tell the King that the Parliament had denyed to supply him and had sorsaken him or words to that effect He Answered That he should humbly presume to crave one thing of their Lordships and it was briefly this There is nothing that he can be Interrogated upon in this Cause but it must fall within the cognizance and knowledge of many of my Lords here present who must needs remember all that he hath to say as well or perhaps better than he can himself His humble desire therefore to their Lordships is That if through distance of time and the weakness of his memory there be any thing that may be better remembred by some of their Lordships than is at this time by himself it may not be imputed to him as from a desire of concealing any part of the truth but a failor in memory and that their Lordships will believe of him that in this great Assembly he shall be very unwilling to speak any thing but that that shall perfectly occurr to his remembrance and that request granted he shall humbly answer to every thing And to the question he remembers very well that he was Interrogated upon the same terms heretofore that he is now His Answer was then as he takes it in these words That he remembred that he heard my Lord of Strafford say something of the Parliaments deserting or forsaking the King or something to that effect or purpose but he did not remember then what inference my Lord made upon it nor what he did conclude thereupon neither can he now call himself to further remembrance on that point than he then deposed The Earl of Bristol Sworn and Interrogated Whether he heard any words spoken by my Lord of Strafford That in this great distress of King and Kingdom the Parliament had refused to supply the King in the ordinary and usual way and that therefore the King might provide for the Kingdom by such ways as he thought fit and was not to suffer himself to be mastered by the frowardness and undutifulness of his people or to that effect He Answered That it is very true that about 12 months since by meer accident he had a private discourse with my Lord of Strafford and some months after had discourse with a Peer of this House my Lord Conway by name meerly to let him know the difference that was between some Tenants of my Lord of Straffords and himself the Earl of Bristol What use hath been made of it he doth not know But upon this he doth conceive he comes to be Interrogated It is almost Twelvemonths agoe since this discourse did happen yet afterwards he was called now a month or six weeks since and was examined on oath on several Interrogatories After he had well recollected himself he did set down for his memory what he could think of and out of those Notes and Papers he did then make his Answer Now his examination being upon oath he shall be very loath to depose particularly to words but to the effect of what passed And therefore he shall crave leave not out of his examinations but out of the words he then set down to read the effect of what he then spake for if a man be deprived of words and tell not the sense and coherence and subsequents he shall not do himself right but may do a great deal of wrong to the party accused and therefore though it be somewhat the longer he shall tell the circumstances It is true That after the disso lution of the last Parliament he had discourse accidentally with the Earl of Strafford but being many months since he cannot precisely depose unto the words that then passed But he remembers that speaking then together of the great distractions of those times Videlicet touching the present things that were then at Lambeth for it was just about that time of the Mutiny of some Soldiers against their Officers of the present great danger apprehended by the ensuing War as was feared of Scotland and of the said Parliament being broken without supplying the King he the Earl of Bristol did then in his discourse chiefly attribute these disorders to the breach of the Parliament And speaking what might be the best way for help in these distressed times he then conceived and said that he thought the best way to prevent any desperate undertakings would be to Summon a new Parliament that might quiet the times for the present The expectation thereof might quiet the Distempers at that time And as for the War of Scotland he did much fear the success of it unless the King should be assisted both with the Purse and Affections of his People And he Alleadging to my Lord of Strafford many Reasons for it conceiving it was not likely that our Nation lying under great Grievances should go willingly and chearfully to a War labouring under the same grievances with themselves My Lord of Strafford he must speak it and confess it very ingenuously seemed no way to dislike the Discourse but said he did not conceive it to be Counsellable at that time neither did the present dangers of the Kingdom which were not now imaginary but real and pressing admit of so slow and uncertain a remedy as a Parliament was for that the Parliament had in the great distress of the King and Kingdom refused now to supply the King by the ordinary and usual way of Subsidies and therefore the King must provide for the safety of his Kingdom by such wayes as He should think fit in his wisdom And he the Earl of Bristol doth remember that the said Earl of Strafford at the same time did use the Sentence Salus Reipublicae Suprema
impeachment of the Earl of Strafford by the House of Commons whereby he stands charged with High Treason and your Lordships have heard his Defence with patience and with as much Favour as Justice would allow We have passed through our Evidence and the result of all this is that it remains clearly proved That the Earl of Strafford hath endeavoured by his Words Actions and Counsels to subvert the Fundamental Laws of England and Ireland and to introduce an Arbitrary and Tyrannical Government This is the envenomed Arrow for which he inquired in the beginning of his replication this day which hath infected all his Blood This is that intoxicating Cup to use his own Metaphor which hath tainted his Judgement and poisoned his Heart from hence was infused that specifical difference which turned his Speeches his Actions his Counsels into Treason not cumulativè as he exprest it as if many misdemeanors could make one Treason but formally and essentially It is the end that doth inform Actions and doth specificate the nature of them making not only criminal but even indifferent Words and Actions to be Treason being done and spoken with a Treasonable intention That which is given to me in charge is to shew the quality of the offence how hainous it is in the nature how mischievous in the effect of it which will best appear if it be examined by that Law to which he himself appealed that Universal that Supream Law Salus populi This is the Element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected How far it stands in opposition to this Law I shall endavour to shew in some considerations which I shall present to your Lordships all arising out of the evidence which hath been opened The First is this It is an offence comprehending all other offences here you shall find several Treasons Murthers Rapines Oppressions Perjuries The Earth hath a Seminary Virtue whereby it doth produce all Herbs and Plants and other vegitables There is in this Crime a Seminary of all evils hurtful to a State and if you consider the reasons of it it must needs be so the Law is that which puts a difference betwixt good and evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what dictates what decisions such Laws will produce may easily be discerned in the late Government of Ireland The Law hath a power to prevent to restrain to repair evils without this all kind of mischief and distempers will break in upon a State It is the Law that doth entitle the King to the Allegiance and Service of his People it entitles the People to the Protection and Justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said that the King subsisted by the field that is tilled it is the labour of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegiance will be taken away though the obligation remain The Law is the boundary the measure betwixt the Kings Prerogative and the Peoples Liberty whilst these move in their own Orbs they are a support and a security to one another the Prerogative a cover and defence to the Liberty of the People and the people by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must ensue If the Prerogative of the King overwhelme the Liberty of the People it will be turned into Tyranny if Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self they were a conquered Nation There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the world that have not been conquered and no doubt but the Conqueror may give what Laws he pleases to those that are conquered but if the succeeding pacts and agreements do not limit and restrain that Right What People can be secure England hath been conconquered and Wales hath been conquered and by this reason will be in little better case than Ireland if the King by the right of a Conqueror gives Laws to his People shall not the People by the same reason be restored to the right of th e Conquered to recover their Liberty if they can What can be more hurtful more pernicious to both than such propositions as these And in these particulars is determined the first Consideration The Second Consideration is this This Arbitrary Power is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish Ambition Usurpation and Oppression in great Men and to beget Sedition and Discontent in the People and both these have been and in reason must ever be causes of great trouble and alteration to Princes and States If the Histories of those Eastern Countreys be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford loose and observed from all rules of Government they will be found to be frequent in Combustions full of Massacres and of the tragical ends of Princes If any man shall look into our own stories in the times when the Laws were most neglected he shall find them full of commotions of civil distempers whereby the Kings that then Reigned were always kept in want and distress the People consumed with Civil Wars and by such wicked Counsels as these some of our Princes have been brought to such miserable ends as no honest heart can remember without horror and earnest Prayer that it may never be so again The Third Consideration is this The Subversion of the Laws and this Arbitrary Power as it is dangerous to the Kings Person and to his Crown so is it in other respects very prejudicial to His Majesty in His Honor Profit and Greatness and yet these are the Gildings and Paintings that are put upon such Counsels These are for your Honor for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules
dregs of valour sullenness and stubborness which may make them prone to mutinies and discontents But those noble and gallant affections which put men to brave designs and attempts for the preservation or enlargement of a Kingdom they are hardly capable of Shall it be Treason to embase the Kings Coin though but a piece of Twelve-pence or Six-pence and must it not needs be the effect of a greater Treason to embase the Spirits of his Subjects and to set a stamp and character of servitude upon them whereby they shall be disabled to do any thing for the service of the King and Commonwealth The fifth Consideration is this that the exercise of this Arbitrary Government in times of suddain danger by the invasion of an enemy will disable His Majesty to preserve himselfe and His Subjects from that danger This is the only pretence by which the Earl of Strafford and such other mischievous Counsellors would induce His Majesty to make use of it and if it be unfit for such an occasion I know nothing that can be alledged in maintainance of it When War threatens a Kingdom by the coming of a Forreign Enemy it is no time then to discontent the people to make them weary of the present Government and more inclinable to a change The supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some Money be gotten in such a way the distractions divisions distempers which this course is apt to produce will be more prejudicial to the publique safety than the Supply can be advantagious to it and of this we have had sufficient experience the last Summer The Sixth That this crime of subverting the Laws and introducing an Arbitrary and Tyrannical Government is contrary to the Pact and Covenant betwixt the King and his People that which was spoken of before was the legal union of Allegiance and Protection this is a personal union by mutual agreement and stipulation confirmed by Oath on both sides The King and his People are obliged to one another in the nearest relations he is a Father and a Child is called in Law pars patris He is the Husband of the Common-wealth they have the same interests they ara inseparable in their condition be it good or evil he is the Head they are the Body there is such an incorporation as cannot be dissolved without the destruction of both When Justice Thorp in Edward the III. time was by the Parliament condemned to death for Bribery the reason of that Judgement is given because he had broke the Kings Oath not that he had broke his own Oath but he had broken the Kings Oath that solemn and great Obligation which is the security of the whole Kingdom If for a Judge to take a small sum in a private Cause was adjudged capital how much greater was this offence whereby the Earl of Strafford hath broken the Kings Oath in the whole course of his Government in Ireland to the prejudice of so many of His Majesties Subjects in their Lives Liberties and Estates and to the danger of all the rest The Doctrine of the Papists Fides non est servanda cum Haereticis is an abominable Doctrine yet that other Tenet more peculiar to the Jesuits is more pernicious whereby Subjects are discharged from their Oath of Allegiance to their Prince whensoever the Pope pleaseth This may be added to make the third no less mischievous and destructive to humane Society than either of the rest That the King is not bound by that Oath which he hath taken to observe the Laws of the Kingdom but may when he sees cause lay Taxes and Burthens upon them without their consent contrary to the Laws and Liberties of the Kingdom This hath been Preached and published by divers And this is that which hath been practised in Ireland by the Earl of Strafford in his Government there and endeavoured to be brought into England by his Counsel here The Seventh is this It is an offence that is contrary to the end of Government The end of Government was to prevent oppressions to limit and restrain the excessive power and violence of great men to open the passages of Justice with indifferency towards all This Arbitrary Power is apt to induce and encourage all kind of insolencies Another end of the Government is to preserve men in their Estates to secure them in their Lives and Liberties but if this design had taken effect and could have been setled in England as it was practised in Ireland no man would have had more certainty in his own then Power would have allowed him but these two have been spoken of before there are two behind more important which have not yet been touched It is the end of Government that Virtue should be cherish'd Vice supprest but where this Arbitrary and unlimited Power is set up a way is open not only for the security but for the advancement and encouragement of evil such men as are apt for the execution and maintenance of this Power are only capable of preferment and others who will not be instruments of any unjust commmands who make a conscience to do nothing against the Laws of the Kingdom and Liberties of the Subject are not only not passable for employment but subject to much jealousie and danger It is the end of Government that all Accidents and Events all Counsels and Designs should be improved to the publique good But this Arbitrary Power is apt to dispose all to the maintainance of it self The wisdome of the Council Table The authority of the Courts of Justice The industry of all the Officers of the Crown have been most carefully exercised in this the Learning of our Divines the Jurisdiction of our Bishops have been moulded and disposed to the same effect which though it were begun before the Earl of Straffords imployment yet it hath been exeedingly furthered and advanced by him Under this colour and pretence of maintaining the King's Power and Prerogative many dangerous practises against the peace and safety of the Kingdom have been undertaken and promoted The increase of Popery and the favours and encouragement of Papists have been and still are a great grievance and danger to the Kingdom The innovation in matters of Religion the Usurpations of the Clergy the manifold burthens and taxations upon the people have been a great cause of our present distempers and disorders and yet those who have been chief furtherers and actors of such mischiefs have had their Credit and Authority from this that they were forward to maintain this power The Earl of Strafford had the first rise of his Greatness from this and in his Apology and Defence as your Lordships have heard this hath had a main part The Royal Power and Majesty of Kings is most Glorious in the Prosperity and happiness of the People the perfection of all things consists in the end
to the King and Commons and that they would take nothing but what they paid for punished all theft with death here 's no intendment against the Person of the King The intent was to establish the Laws of Villanage and Servitude to burn all the Records to kill the Judges This in the Parliament of the 5th year of R. 2. No. 31 32. the First Part is declared to be Treason against the King and against the Law In the 11th year of R. 2. in Parliament the raising of Forces against the Commissioners appointed by Act of Parliament the year before adjudged Treason by all the Judges The Statute I mo Mary Cap. 12. Enacts That if 12 or more shall endeavour by force to alter any of the Laws or Statutes of the Kingdom he shall from such a time there limited be adjudged only as a Felon This Act was to continue but to the next Parliament it is expired it shews by the words only that the offence was higher before the making it My Lords In Queen Elizabeths time Grant and divers Apprentices of London to the number of 200. rose and assembled at Tower-hill carried a Cloak upon a Pole instead of a Banner their intent was to deliver divers Apprentices out of Prison that had been committed upon a Sentence in the Star-Chamber for Riots to kill the Lord Mayor of London and for setting prizes on Victuals In Trinity Term 37 Eliz. divers of the Judges were consulted withal and resolved That this was a Levying of War against the Queen being intended against the Government and Officers of the Queen and therefore Grant and others were executed as Traitors Afterwards in that Queens time divers of the County of Oxford consulted to go together from House to House in that County and thence to London and other parts to excite them to take up Arms for the throwing in of all inclosures throughout England Nothing was done nor no assembly Yet the Statute of 13 Eliz. Cap. 1. during the Queens Life made it Treason to intend or advise to Levy War against the Queen In Easter Term 39 of Eliz. all the Judges of England met about the Case it was resolved by them that this was a War intended against the Queen they agreed That if it had been of one Township or more upon private interest and claim of right of Common it had not been Treason but this was to throw in all Inclosures through the Kingdom whereunto these parties should pretend no claim That it was against the Law in regard that the Statute of Merton gave power of Inclosures in many Cases upon this resolution Bradsaw and Burton were executed at Aynestow-hill in Oxfordshire the place where they intended the first Rendezvous So that my Lords if the end of it be to overthrow any of the Statutes any part of the Law and setled Government or any of the great Officers intrusted with the execution of them This is a War against the King My Lords It will be further considerable what shall be accounted a Levying of War in respect of the actions and things done there 's a design to alter some part of the Laws and present Government for the effecting thereof People be provided of Arms gathered together into Troops but afterwards march not with Banners displayed nor do bellum percutere whether the Army themselves and gathering together upon this design be a War or such prosecution of the Design with force as makes it Treason within the Statute First If this be not a War in respect that it necessarily occasions hostile preparations on the other side Secondly From the words of the Statute shall Levy War and be thereof probably Attainted of open Deed by People of their condition altho the bare conspiring be not an open Deed yet whether the Arming and Drawing of men together be not an open Declaration of War In Sir Thomas Talbots Case before cited in the Seventeenth year of R. II. the Acts of Force are expressed in the Parliament Roll That he caused divers of the People of the County of Chester to be armed in a Warlike manner in Assemblies here is no Marching no Banners displayed In the Eighth year of Hen. VIII William Bell and Thomas Lacy in Com. Kanc. conspired with Thomas Cheyney called the Hermite of the Queen of Faries to overthrow the Law and Customs of the Realm and for the effecting of it they with Two hundred more met together and concluded upon a course of raising greater Forces in the County of Kent and the adjacent Shires This adjudged Treason these were open Acts. My Lords For the application of both these to the case in question First In respect of the end of it here was a War against the King it was to subvert the Laws this being the design for the effecting of it he assumed to his own Person an Arbitrary Power over the Lives Liberties and Estates of His Majesties Subjects and determined Causes upon Paper-Petitions at his own Will and Pleasure Obedience must be forced by the Army this is declared by the Warrant My Lords If it be said that the Warrant expresseth not any intent of subverting the Laws It expresseth fully one of the principal means whereby this was to be done that is obedience to his arbitrary Orders upon Paper-Petitions This was done in reference to the main design In the cases of the Town of Cambridge and Sir William Cogan they have formerly been cited to your Lordships upon other occasions the things in themselves were not Treason they were not a Levying of War In that of Cambridge the Town met together and in a forcible manner broke up the University-Treasury and took out of it the Records and Evidences of the Liberties of the University over the Town In the other they of Bridgewater marched to the Hospital and compelled the Master of the Hospital to deliver unto them certain Evidences that concerned the Town and forced him to enter into a Bond of 200 l. These if done upon these private ends alone had not been a Treason as appears by the very words of the Statute of 25 Edw. 3. before-mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the Villains as appears in the Parliament-Roll of the First year of Rich. the 2. Numb 311. and 32. where the Towns of Cambridge and Bridgewater are expresly excepted out of the general Pardon made to the Villains this being done in reference to that design of the Villains of altering the Laws this was that which made it Treason If the design went no further than the enforcing Obedience to these Paper Orders made by himself it was sufficient it was to subvert one fundamental part of the Law nay in effect the whole Law what use of Law if he might order and determine of mens Estates at his own pleasure This was against the Law notoriously declared in Ireland In the close Roll in the Tower in the 25th
him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against Him to the death and destruction of the King The Cases that I shall cite prove not onely that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against Iohn Awater of High Treason in the Forme before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High Treason My Lords This Indictment was Returned into the Kings Bench in Trinity-Terme in the Eighteenth year of Edward the Fourth and in Easter-Terme the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the Love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings Bench in Trinity-Terme in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against Him to cause Risings against Him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not onely to disaffect the people to the King but the King likewise towards the People not once but often not in Private but in places most Publick not by a Private Person but by a Counsellor ofState a Lord Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the Necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coales they were cast upon His Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loynes of the Law as they shall find My Lords Who speaks this to the people a Privy-Counsellor this must be either to traduce His Majesty to the people as spoken from Him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to His Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of His Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what He would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suites might be determined according to Law and not by himself at his Will and Pleasure upon Paper Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed
the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and entirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against Iohn Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edward the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edward the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgement here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl Marshal in the Parliament of the Three and thirtieth of Edward the 1. where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3. his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question Until the 29th year of Edward the 3. erroneous Judgements given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edw. the 3. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgements after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th No. 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edw. the 3. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Iersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edw. 1. there be Placita de Insula Iersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is
not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traitor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgement I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6. My Lord of Strafford hath offended against both the Kingdoms and is guilty of High Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away Englands but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if His Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Iudges they shall not proceed to Iudgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings death Levying War Counterfeiting the Money or Great Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 Therebe two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quotîes the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen M. cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or the Declaration of Treason and no others And further provides That no pains of death penalties or forfeiture in any wise shall ensue for committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others refer still to offences made Treason by Act of Parliament they restrain not to the Treasons only particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason as appears by the words immediately foregoing By the Second Part for the peins and forfeitures of Treasons if it intend only the punishment of Treason or if it intend both Treason and Punishment yet all is referred to the Provision and Ordinance of 25 Edw. 3. any Act of Parliament or other Declaration or thing notwithstanding It saith not other then such Penalties or Treasons as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned no it refers all Treasons to the general Ordination and Provision of that Statute wherein the Common Law Treasons are expresly kept on foot If it be Asked What good this Statute doth if it take not away the Common Law Treasons 1. It takes away all the Treasons made
appear to a Warrant or for other contempt at Council-Table before himself did it but he offered to prove That formerly Soldiers were sent against Rebels and that after they were declared to be Rebels and that justly too and he proved an use and custom to force men to pay Contribution-money due to the King but that was by consent of the people who granted a Contribution of 20000 l. a year for increase of the Kings Revenue and that it might not be upon Record in the Exchequer and so claimed as due in time to come they consented that Soldiers should be laid upon them that refused it and the word Consent is within the Statute of 18 H. 6. Again did he prove all manner of Rents were levied by Soldiers no such thing but such Rents as were designed for the payment of the Army he proved by Sir Arthur Terringham the laying of Soldiers once for the payment of a fum of Money but Sir Arthur being demanded whether it were the King's Rents or comprehended within the same general Rule he could make no answer thereunto Your Lordships remember he says He did not know it and therefore probably it was the Kings Rents and doubtless it was so But if he had produced Precedents it could not be an authority for Treason that if people did not appear to his Orders he must levy War against the Kings Subjects and for his extenuation of the War that the same was of no great danger there being not above five or six Soldiers laid at a time I would to God the people oppressed by it had cause to undervalue it I am sure four or six Musquetiers are as strong to oppress a man as four thousand so the matter of Fact is strongly and expresly proved Besides though there came not above four or five to a house yet the authority given to the Sergeant was general he might have brought more if he had listed and in truth he brought as many as the Estate of the party would maintain And as to the not producing of the Warrant I have already answered it If it were in the case of a Deed wherein men call for witnesses it were something but God forbid that the Treason should be gone and the Traitor not questionable if his Warrant can be once put out of the way The next Article which is laid to his charge is For issuing out a Proclamation and Warrant of restraint to inhibit the Kings Subjects to come to the Fountain their Sovereign to deliver their complaints of their wrongs and oppressions Your Lordships have heard how he hath exercised his jurisdiction and now he raises a battery to secure and make it safe If he do wrong perhaps the complaint may come to the Gracious Ears of a King who is ready to give relief and therefore he must stop these cries and prevent these means that he may go on without interruption and to that end he makes Propositions here That the Kings Subjects in Ireland should not come over to make complaint against Ministers of State before an address first made to himself It is true he makes a fair pretence and shew for it and had just cause of approbation if he intended what he pretended But as soon as he came into Ireland what use made he of it he ingrosses the proceedings of almost all the Courts of Justice into his own hands and so pre-possesses the King by a colourable proposition and prevents their coming over before they had made their address to himself and then he becomes the wrong doer and issues Proclamations for the hindring of the King's Subjects to seek redress without his leave which is as great a proof of his design and as great an injury to the people governed under a Gracious Prince as a heart can conceive And what his intention was in exhibiting this Proposition it will appear in the sentence of a poor man one David who was censured and most heavily Fined for coming over into England to prosecute complaint against my Lord of Strafford It is true that this was not the cause expressed but this was the truth of the matter Your Lordships remember a clause in the Order at Council-Board whereby is set forth the cause wherefore the party is not sentenced which I never saw in an order before nor should now but that my Lord foresaw there was danger in it that he might be charged in this place for the fact and therefore puts in negatively why the party was not censured Clausula inconsulta inducit suspitionem And how defends he this Article he sayes his predecessors issued Proclamations to hinder the Kings Subjects from going over lest they should joyn with O-Neal and Tirconnell beyond Sea and so it might be dangerous to the State but because they may joyn with Foreigners shall they therefore not come to the King to make just complaint What this argument is I refer to your Lordships judgments Then he pretends a former precedent affirming that the like instructions were given to my Lord of Faulkland but was there any that none should come to their Sovereign to make their just appeal if injured Surely there was never any such Instruction before and I hope never will be again The next Article is the Nineteenth and now when he had so plentifully exercised his Tyranny over the Lives the Liberty and the Estates of the King's Subjects A man would think he could go no further But see a Tyranny exercised beyond that and that is over the Consciences of men hitherto he dealt with the outward man and now he offers violence to the inward man and imposes an Oath upon the Kings Subjects and so exerciseth a Tyranny over the Consciences of men And setting aside the matter of the Oath if he hath authority and power to impose such an Oath as he shall frame he may by the same power impose any Oath to compell Consciences He pretends a Warrant from His Majesty to do it but the Kings Ministers are to serve the King according to Law and I dare be bold to say and we have good reason to thank God for it if any of the Kings Ministers tell him that any Command he gives is against Law there is no doubt but in his Goodness and Piety he will withdraw his Command and not enforce execution and therefore if there were an error the King is free and the Ministers to be justly charged with it But there was no Command from the King to compel and enforce them to take the Oath by the power of the Star-Chamber to commit them to prison to impose heavy Fines and tyrannize over them all which he did in the Case of Steward And now one would have thought he had acted his part when he had acted as much as lay in his own power and yet he goes beyond this he was not content to corrupt all the streams which was not a diverting of the course as he spoke in his answer for he not only
Parliament finding to the grief of our hearts that the Designs of the Priests and Jesuits and other Adherents to the See of Rome have of late been more boldly and frequently put in practise than formerly to the undermining and danger of the true Reformed Protestant Religion in His Majesties Dominions established And finding also that there hath been and having just cause to suspect there still are even during the Sitting in Parliament endeavours to subvert the Fundamental Laws of England and Ireland and to introduce the exercise of an Arbitrary and Tyrannical Government by most pernicious and wicked Counsels Practises Plots and Conspiracies and that the long intermission and unhappier breach of Parliaments hath occasioned many illegal Taxations whereby the Subjects have been prosecuted and grieved And that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of His Majesties Dominions Jealousies raised and fomented between the King and his people A Popish Army levied in Ireland and two Armies brought into the Bowels of this Kingdom to the hazard of His Majesties Royal Person the Consumption of the Revenue of the Crown and the Treasure of this Realm And lastly finding the great causes of jealousie that endeavours have been and are used to bring the English Army into a misunderstanding of this Parliament thereby to encline that Army by force to bring that Army to pass those wicked Counsels have therefore thought good to joyn our Selves in a Declaration of our united affections and Resolutions and to make this ensuing Protestation The Protestation I A. B. Doe in the presence of God Promise Vow and Protest to maintain and Defend as far as lawfully I may with my Life Power and Estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovation within this Realm contrary to the said Doctrine and according to the Duty of my Allegiance I will Maintain and Defend His Majesties Royal Person and Estate As also the Power and Priviledge of Parliaments the lawful Rights and Liberties of the Subjects And every Person that shall make this Protestation in whatsoever he shall do in the lawful pursuance of the same And to my power as far as lawfully I may I will oppose and by all good ways and means endeavour to bring to condigne punishment all such as shall by Force Practise Counsels Plots Conspiracies or otherwise do any thing to the contrary in this prsent Protestation contained And further That I shall in all Iust and Honourable ways endeavours to preserve the Union and Peace betwixt the Three Kingdoms of England Scotland and Ireland and neither for Hope Fear or any other Respects shall relinquish this Promise Vow and Protestation This Protestation was read by Mr. Mainard Here followeth the Names of the Members of the House of Commons who took the same May 3. 1640. viz. WIll Lenthal Esq Speak Edward Hide George L. Digby Lord Faulkland Sir Iohn Culpepper Iohn Selden Orlando Bridgeman Sir William Pennyman Sir Henry Herbert Sir Tho. Fanshaw Sir William Widdrington Sir Fredreick Cornwallis Robert Holborne Esq Tho. Chicheley Esq Sir George Wentworth William Mallory Esq Io. Bellasis Esq Sir Guy Palmes Edm. Waller Esq Sidney Godolphin Esq Sir Nich. Slany Sir Hen. Slingsby Tho Iermin Esq Sir Tho. Peyton Sir Philip Musgrave Sir Patricius Curwin Sir Iohn Stowel Sir Iohn Strangwayes Sir Iohn Paulet Sir Rich. Wynn. Tho. Tomkins Esq Arthur Capel Esq Iames L. Compton Sir Ralph Hopton Geofrey Palmer Esq Io. Vaughan Esq Edw. Montague Esq Geo. Montague Esq Will. Plydell Esq Sir Iohn Paulet Charles Price Esq Herbert Price Esq Sir Ralph Sidenham Fitzwilliam Cognisby Esq Baptist Noel Esq Sir Roger Palmer Iohn Coventry Esq Edw. Seymor Esq Sir Arthur Ingram Sir Tho. Ingram Sir Edw. Verney Sir Ralph Verney Eranics Newport Esq Ben. Weston Esq Lord Mansfield Sir William Carnaby Sir Nicholas Slaning Io. Craven Esq William Constantine Esq Sir Edw. Deering Sir Geo. Dalston Sir Tho. Bowyer Io. Hamden Esq Henry Pelham Esq Sir Tho. Widdrington Sir Henry Herbert Sir Edw. Bainton Iames Cambel Esq Sir Tho. Heale Sir Henry Anderson Sir Harbottle Grimston Sir Robert Pye Senior Ferd. L. Fairfax Sir Henry Mildmay Sir William Armyn Sir Roger North. Sir Walter Deaveraux Tho. Hatcher Esq Sir Chr. Yelverton William L. Russel Sir Philip Stapleton Sir Henry Cholmly Sir Iohn Hotham Iohn Pym Esq Sir Ben. Rudyard Herbert Esq Digby Esq Sir Gilbert Gerrard Lord Ruthen Sir Nevil Pool Denzil Hollis Esq Iohn Maynard Esq Sir Robert Harly Iohn Glyn Esq Sir Tho. Barrington William Stroud Esq Nathan Fines Esq Henry Martin Esq Iohn Bodvil Esq Sir Fran. Knoles Rich. Shettleworth Esq Iohn Moor Esq Sir Simon D'Ewes Sir Iohn Wray Sir Chr. Wray Sir Martin Lomly Herbert Morly Esq Tho. L. Grey Rog. Burgoine Esq Sir Edw. Hungerford Sir Iohn Curson Will. Perepoint Esq Iohn Marstal Esq Hugh Owen Esq Norton Knatchbold Esq Sir Ed. Hales Sir Ed. Master Iohn Cowcher Esq Sir William Strickland Sir Edw. Boys Sir Tho. Walsingham Sir Peter Wrath. Tho. Maleveror Esq Edw. Bainton Esq Oliver Cromwel Esq Sir Gilbert Pickering Will. Whittaker Esq Mich. Oldsworth Esq Sir Iohn Harrison Sir Hugh Cholmley Isaack Penington Esq George Peard Esq Sir Io. Howard Henry Vaughan Esq Ed. Kirton Esq Ed. Bagshaw Esq Sir Walter Smith Rich. Harding Esq Bulstred Whitlock Esq Will. Price Esq Henry Lucas Esq Gilbert Willington Esq Sir Tho. Huchinson Sir Will. Morly Sir Henry Bellingham Sir Iohn Frankland Sir Iohn Clotworthy Sir Edw. Munford Will. Kage Esq Iohn Northcot Esq Sir Tho. Middleton Sir Iohn Salisbury Sir Ro. Nappier Tho. Lower Esq Fran. Gerrard Esq Perigrin Pelham Esq Tho. Fountain Esq Hen. Vernon Esq Lord Lisle Ed. Dawx Esq Ro. Scowen Esq Sir Dudly North. Lawrance Whitaker Esq Sir Humphry Tufton Henry Heyman Esq Tho. Hiblethwait Esq Arthur Iones Esq Will. Bell Esq Io. Harvy Esq Io. Ash Esq Geo. Gallop Esq Io. Nash Esq Edw. Ash Esq Rich. Seaburn Esq Cornelius Holland Esq Edm. Dunch Esq Rich. Barwis Esq Humph. Hook Esq Ro. Trelawny Esq Rich. Weston Esq Iohn Goodwin Esq Nath. Stephen Esq Io. White Esq Sir Ed. Griffin Rich. Albrough Esq Dr. Sam. Turner Ral. Snead Esq Ed. Patridge Esq Sir Peter Temple Poynings Moore Esq Sir Will. Lewis Peter Venebles Esq Hen. Killagrew Esq Iohn Harris Esq Io. Moston Esq Peter Leigh Esq Dr. Tho. Eaden Will. Glanvil Esq Arthur Goodwin Esq Edw. Owner Esq Tho. Toll Esq Iohn Polwhil Esq Simon Thelwal Esq Oliv. St. Iohn Regis Sol. Sir Will. Allynson Io. Crew Rich. Catelin Esq Ro. Goodwy Esq Io. Blakeston Esq Sir Will. Brereton Miles Corbet Esq Phil. Smith Esq Sir Rich. Vivion Ravenscroft Esq Sir Tho. Middleton Rich. Kingsly Esq Ralph Ashton Esq Will. Fitzwilliams Esq Henry Bellasis Esq Sir Edw. Ascue Sir Edm. Fowel Sir Io. Price Rich. Boyle Lord Dungarven Edw. Pool Esq Roger Hill Esq Sir Io. Eveling Edw. Prideaux Esq Giles Green Esq Dennis Bond Esq Roger Mathews Esq Zouch
Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the
a Cause of great Divisions and Combustions in the State And therefore my humble advice is That laying aside this Bill of Attainder We may think of another saving only Life such as may secure the State from my Lord of Strafford without endangering it as much by Division concerning his Punishment as he hath endangered it by his Practices If this may not be hearkned unto Let me conclude in saying that unto you all which I have throughly inculcated to mine own Conscience upon this occasion Let every man lay his hand upon his Heart and sadly consider what We are going to do with a Breath either Justice or Murther Justice on the one side or Murther heightned and aggravated to its supreamest extent For as the Casuists say That he who lies with his Sister commits Incest but he that marries his Sister sins higher by applying God's Ordinance to his Crime So doubtless he that commits Murther with the Sword of Justice heightens that Crime to the utmost The danger being so great and the Case so doubtful that I see the best Lawyers in diametral opposition concerning it Let every man wipe his Heart as he does his Eyes when he would Judge of a nice and subtile Object The Eye if it be pretincted with any colour is vitiated in its discerning Let Us take heed of a blood-shotten Eye in Judgment Let every man purge his Heart clear of all passions I know this great and wise Body-politick can have none but I speak to individuals from the weakness which I find in my self away with personal Animosities away with all flatteries to the people in being the sharper against him because he is odious to them away with all fears left by the sparing his blood they may be incens'd away with all such Considerations as that it is not fit for a Parliament that one Accused by it of Treason should escape with Life Let not former Vehemence of any against him nor fear from thence that he cannot be safe while that man lives be an ingredient in the Sentence of any one of Us. Of all these Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford's Life Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed to morrow Morning at Eight of the Clock and Mr. Speaker is to put the House in mind of this Order Ordered That Sir Edward Cook 's Book Of the Pleas of the Crown be delivered to the Earl of Strafford's Committee for the special Service of the House Tuesday April 20th 1641. Post Merid. The Committee according to Yesterdays Order reassumed the Debate of the Bill of Attainder of the Earl of Strafford Mr. Speaker reassumed the Chair Ordered That the House sit this Afternoon at Three of the Clock and reassume the Debate of the Bill of Attainder against Thomas Earl of Strafford The House Resolved into a Committee Mr. Peard being called to the Chair then Mr. Speaker reassumed the Chair Ordered That the further Debate of the Bill of Attainder of the Earl of Strafford be reassumed to morrow Morning at Eight of the Clock Wednesday April 21th 1641. Post Merid. According to an Order Yesterday made the House was Resolved into a Committee to Consider of the Bill of Attainder of Thomas Earl of Strafford Mr. Peard being called to the Chair then Mr. Speaker reassumed the Chair Ordered That the Doors be lock'd and the Keys brought up to the Table and that no man go out without leave of the Committee Mr. Peard again called to the Chair Mr. Peard Reports from the Grand Committee the Bill of Attainder of the Earl of Strafford with the Additions and Amendments thereunto the which Addition and Amendments were twice read and the Bill upon the Question Ordered to be Engrossed Ordered That the House meet this Afternoon at Three of the Clock and the third time read an Act for the Attainder of Thomas Earl of Strafford of High Treason and upon the Question for the Passing the House was divided The Lord Digby Mr. Lloyd Tellers for the Yeas Sir Gilbert Gerrard Sir Thomas Barington Tellers for the Noes with the Noes 59 with the Yeas 204. Upon the Report thereof the Bill Past. Mr. Pym is appointed to carry up the Bill to the Lords and was further Ordered to express unto the Lords That it is a Bill that highly concerns the Common-wealth especially in the expediting of it Mr. Pym acquaints the House That according to the Commands of this House he had delivered the Bill of Attainder with special Recommendations for the Expedition in regard of the Importance and that this House was ready to justifie the Legality of the Bill if any way their Lordships should desire a Conference by a Committee of both Houses the sooner and the more publick the way shall be the better and the more agreeable to the desires of this House Thursday April 22th 1641. Post Merid. A Message from the Lords by Judge Reeve and Judge Forster The Lords have agreed to hear this House in Westminster-Hall at Eight of the Clock on Saturday next touching the matter of Law in the business of the Earl of Strafford if this House shall so please Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will send an Answer by Messengers of their own Mr. Solicitor St. Iohn is enjoyned by this House to maintain the legal part of the Bill of Attainder of Thomas Earl of Strafford on Saturday Morning next and Mr. Maynard and Mr. Glyn are adjoyned unto him as Assistants Sir Iohn Eveling went up to the Lords with this Message to desire a free Conference by a Committee of both Houses concerning their Lordships Message sent this day touching the matter of Law in the Case of the Trial of the Earl of Strafford Mr. Pym Mr. Pierepoint Sir Iohn Culpepper Mr. Fines Mr. Hampden and Mr. Prideaux are to prepare Heads for this Conference with the Lords and to manage the Conference Sir Iohn Eveling brings Answer That their Lordships will give a present meeting by a Committee of the whole House as is desired The Heads of the Conference Reported by Mr. Pierepoint to be desired with the Lords touching the matter of Law in the Case of the Earl of Strafford That this House received a Message from their Lordships this day to this effect That their Lordships are ready to hear this House in Westminster-Hall on Saturday Morning next touching the Point of Law in the Case of Thomas Earl of Strafford they conceive this did arise from the Message of this House upon the delivery of the Bill of Attainder of the Earl of Strafford That this House is ready at a Conference by a Committee of both Houses to