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A43545 Observations on the historie of The reign of King Charles published by H.L. Esq., for illustration of the story, and rectifying some mistakes and errors in the course thereof. Heylyn, Peter, 1600-1662. 1656 (1656) Wing H1727; ESTC R5347 112,100 274

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made Baron of that place by His Majesties favour On the other side the Lord Lieutenant deriving his descent from the Nevils Earles of Westmor land whose Honorary Seate that was procured himself to be created Baron of Rabie in those Letters Patents by which he was invested with the Earldome of Strafford This gave the beginning to that fire which consumed the Earle but not till it had been much increased on another occasion There was a thrifty designe in Court to save the King the charges of a publick table and to that end it was advised that Sir Henry Vane then Treasurer of the Houshold should be made one of the principall Secretaryes in the place of Sir John Cooke then weak with age but so that he should still hold the Treasurership in the way of Commendam Scarce was Vane warm in his new Office when the Earle of Strafford interposed alleaging to the King that he had no other Correspondent in the Court for the businesses of Ireland but Mr. Secretary Cooke and that if he should be displaced His Majesties affairs in that Kingdome might extremely suffer On this a sudden stop was made and Cooke restored continuing in his former Office till the Queen openly appeared in behalf of Vane who so prevailed that Vane was setled in the place and Cooke dismissed into the Countrey as no longer serviceable which fewell being added to the former fire made it flame so high that nothing but death or blood could quench it Insomuch as it was thought by many understanding men that Sir Henry Vane did purposely misreport the Kings Message to the former Parliament for abrogating the Ship-money in hatred to the Earle of Strafford who had undertook to manage that Parliament to the Kings advantage and that seeing him to continue still both in power and favour he fell upon that speeding project which our Author hath related in that which followeth in the story that by such a cunning piece of malice he might rather seem to offer him up as a sacrifice to the publick justice than to his own particular hatred Ah ult io magis publicè vindictae quam privato odio dato videatur as in the like case the Historian hath it For the C●…ons were resalved that day should set a totall period to the Earles defence and next to speed their Bill 〈◊〉 A●…tainder The Commons had now spent a Moneth in prosecuting their Acousation against the Earle of Strafford and seeing how little they had gained in order to the point they aimed at resolved to steer their course by another winde For finding that their proofs amounted not to a Legall evidence and that nothing but legall evidence could prevail in a way of Judicature they called the Legislative power to their assistance according unto which both Lords and Commons might proceed by the light of their own consciences without any further proof or testimony And so it is affirmed expresly by Mr. St. John then Sollicitor Generall in his Speech made at a Conference in a Committee of both Houses of Parliament April the 29. 1641. where it is said That although single testimony might be sufficient to satisfie private consciences yet how farre it would have been satisfactory in a judiciall way where Forms of Law are more to be stood upon was not so clear whereas in this way of Bill private satisfaction to each mans conscience is sufficient although no evidence had been given in at all Thus they resolved it in this Case but knowing of what dangerous consequence it might be hereafter to the lives and fortunes of the Subjects a Clause was added to the Bill that i●… should not be drawn into example for the time to come which because it may seem somewhat strange to them that know it not I will here adde so much of the said Bill as concerns this point In which said Bill the heads of the Accusation being reckoned up it followeth thus viz Be it therefore enacted by the Kings most excellent Majestie and by the Lords and Commons in this present Parliament assembled and by the authority of the same that the said Earle of Strafford for the heynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre such forfeitures of his Goods and Chattells Lands Tenements and Hereditaments of any Estate of Free-hold or Inheritance in the said Kingdomes of England and Ireland which the said Earle or any other to his use or in trust for him have or had the day of the first sitting of this present 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 determine any Treason nor in any other manner then he or they should or ought to have done before the making of this Act and as if this Act had never been made Thus have we Treason and no Treason in the selfe-same action that being judged Treason in this one man which never was to be judged Treason in any other But whatsoever it was it was conceived that many of the Lords began to shew themselves more forwards to comply with the Commons then they had done formerly Whereof the King having notice he thought it high time for him to interpose c. and calling both Houses together May the first said c. This coming of his Majesty and the Speech then made as it relished so ill with the two Houses that few of them attended on the solemnit●…es of the next day on which the Kings eldest Daughter was married to the Prince of Orange so gave it no contentment to the E●…rle himselfe whose death it rather 〈◊〉 and made sure worke of then it could any wa●…es conduce to his preservation That passage in the Kings Speech in which he signified that the misdemeanours of the Earle were so great and many that he was not fit to serve in the place of a Constable wrought more impression on the Spirits of that Noble Gentleman then any kinde of death whatsoever it were which his Enemies could inflict upon him though with great modesty he did no otherwise expresse it in a letter sent unto the King then that he could have wished his Majesty had spared his Declaration on Saturday last But the Earles friends were as much unsatisfied in the Kings coming at that time as in that passage of his Speech giving it out that the King was put upon it by some of his bosome-Enemies which were in neerest trust about him on purpose to set him at greater odds with the House of Commons and consequently with the people whom they represented by drawing on himselfe the envy of that businesse howsoever it happened That if the Earle should be attainted notwithstanding by the Votes of the Lords it wo●…ld be looked upon as a thing done against his will and no thanks to him but if he were acquitted by