hee had Strafford's Reply given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would hee spend time in vaine Repetitions for the present Article though in all its parts it were granted to be true yet hee could not perceive by what Interpretation of Lawe it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanour Oppression or Felony hee made no doubt but hee should bee very able to cleere himselfe abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions Hee was content to steppe so farre out of the way as to give answere First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchesse of Buckingham or whether she had obteined a more easy Condition then the Duke her husband especially seeing that same was graunted some yeeres before his comming to that Government yet thus much hee could say That the Dutchesse had paid thirty thousand pound fine and therefore no mervaile her yeerely rent was the lesse Secondly For the booke of Rates wherein the chiefe matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 3 yeers before his going into Ireland and therefore it was exceeding strange in his apprehension how that could rise up in judgement against him Thirdly That hee had his Interest in the Customes by Assignation of a Lease from the Duchesse which was given her before his Government nor did hee ever heare it alleaged as a Crime of Treason for a man to make a good bargaine for himselfe Fourthly That not of his owne accord but at the Kings speciall Command hee had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customes might bee improved for the benefit of the Crowne and the true value thereof discovered This hee proved by the Lord Cottington and Sir Arthur Ingram Fiftly That when a new booke of Rates was recommended to him by the Councell-Board of England in the time of his Lease he so farre preferred a feare hee had That the Trade of Ireland might thereby be discouraged before his owne Commodity as hee presumed in all humility to refuse the said book of Rates and tendred his Reasons thereof to the Kingdome and Councell-Board of England Sixtly That hee never understood that the Customes could arise to those great summes alleaged but though they should yet his advantage was but small for first dividing the fourteene thounds hee paid to the King then five parts of eight which was yeerely given in upon Oath and that procured first by himselfe at the Exchequer Board the other three parts divided amongst foure of them which were equall sharers in the Lease would not amount to any great summe of money And therefore except it were Treason for him to have improved the Kings Revennue encouraged the Trade and refused the new booke of Rates hee could in his owne weake judgement discerne none there nor could hee thinke it a Crime for him to take an Assignation of a Lease graunted before his time and to insist in the booke of Rates used before his comming over And therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries then as a thing spoken in good earnest by them The same day the eleventh Article concerning Tobacco was Charge Aâ—tic 11. Charged on by the same man Master Glyn after this manner That for the farther advancement of his Tyrannicall and Avaritious Designes hee had of himselfe established a Monopoly for the restraint of Tobacco in that Kingdome where they offered five particulars to the proofe First That hee had restrayned the Importation of Tobacco Secondly That in the meane time hee had brought in a great quantity himselfe and sold the same at exorbitant Prizes Thirdly That of Tobacco already imported hee had forbidden any to bee sold but what was first sealed by his Officers Fourthly That upon a pretended disobedience hee had punished a great number of People by Seizures Imprisonments Fineing Whipping Pillory and such like cruell and inhumane usages Fiftly That by these meanes hee had gayned one hundred thousand pounds yeerely For Proofe hereof First The Proclamation for restrayning Tobacco was read Secondly The Proclamation about the sealing of the same Thirdly Some witnesses who declared that Shippes had beene restrayned from landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fiftly The Remonstrance of the House of Commons in Ireland declaring that the Earle had fold 500 Tunne of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That hee had sucked up the blood and eaten up the Kings Liege-people and had by this one point of Oppression raysed greater summes to himselfe then all the Kings Revenue in that Kingdome extended unto And therefore was lyable to the Crime of Treason for troubling the Peace and bereaving the People of their goods who were entrusted into his Care and Government The Lievetenantss Reply was That his most secret thoughts were conscious of nothing but Straffords Reply of a sincere intention and indeavor to promote and advance the well-fare of that Kingdome And withall hee conceived by their leaves that nothing in that Charge could have the least referrence to Treason yet as hee said before for removing of all prejudice he was content to answere First That long before his comming to Ireland the same restraint had been of Tobacco and the same Impost of eighteen pence per pound enjoyned by King James Secondly That at that time the Trades-men for this Commodity paid but twenty pounds a yeere to the Crowne for the Impost but now 4000 l. Thirdly That the Parliament in Ireland 1628 had Petitioned to have this Impost setled by an Act of State for ever afterwards as a part of the Revenue of the Crowne Fourthly That hee had expresse command from the King for issuing those Proclamations and therefore could not Imagine more danger in them then in others for Monopolies in England in the worst sence Fiftly That the Proclamations were sent forth not by himselfe alone but by the whole Councell-Board of Ireland Sixtly That for the contract of Tobacco hee was so tender of it that it was sent over hither and seene and approved of by the Councell-Board of England before it was condiscended to in Ireland For the Proclamations Hee told them it was his own opinion and if hee failed in it hee humbly craved pardon and hoped that it should not bee Treason to have no more judgement then God had bestowed on him that the King was indued by God with a power to make temporary Lawes and cause the same to be promulgated for the good of his People upon suddaine emergent occasions to which Lawes obedience is due till
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke according to directions they did deserve the house of correction nor was it Treasonable to say the King might use that house for the correction of his servants as well as any man in the Citty for theirs Fourthly Hee said that there was no great likelyhood that hee had committed reall Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote because the Enemy was upon the borders and therefore the King directed him to write to all the free-holders in York-shire to see what they would do for their own defence The time and place were designed by the King but the night before the meeting a small number convented and in a private and factious way did draw up that petition upon the morrow at their appointed Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall to petition for his favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of mouth to offer unto the King the moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
A BRIEFE AND PERFECT Relation Of the Answeres and Replies of THOMAS Earle of Strafford To the Articles exhibited against him by the House of COMMONS on the thirteenth of Aprill An. Dom. 1641. LONDON Printed 1647. To the Reader READER HAVING imployed the Author of this Tteatise to make these Collections for my private information And finding them to bee beneficiall for the Publique I durst not wrong Posterity and my owne Conscience to conceale them for my owne use without imparting them to the good of others For the solemn-Triall therein described is so Paramount in the Equipage of all Circumstances that as former Ages have been un-able so future are un-likely to produce a paralell thereof As for the Person himselfe who as a cunning Master of Defence waved the thrusts of such skilfull and powerfull Adversaries Take his Character in this Bookefrom his owne Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him So that instead of other Monopolies laid to his Charge hee may seeme most guilty of ingrossing so much Worth and Ability into his owne Bosom Behold here a Garden of the most and best Varieties wherein points of Lawe are interwoven with Acts of State and the affaires of Ireland as in the same Fscutcheon quartered with those of England Herein nothing false is Reported nothing triviall is Observed nothing memorable is Omitted for the Net of his Diligence was so cunningly and carefully spread over all the Transaction that if any passage escaped his notice it may bee concluded so small as inconsiderable to bee observed The Paines in Collecting Care in Preserving Cost in Publishing this Treatise are abundantly satisfied if my sincere-Intentions for the propagation of the Truth be welcomed with thy cordiall and candid acceptance thereof Thine S. R. THE Proceedings against THOMAS Earle of Strafford Lord Lieutenant of Ireland in the Parliament at Westminster An Dom. 1641. SIR YOu have here the Diurnall of the whole Processe against the Lord Lieutenant of Ireland it was taken by the hand of a ready writer a faithfull eare and an understanding head He was present at all the action and I make no doubt of the fidelity of his Relation Which beginneth thus THE House for the appearance of the Lord Lieutenant was the great Hall in Westminster where there was a Throne erected for the King on each side whereof a Cabinet inclosed about with boards and before with a Tarras Before that were the seats for the Lords of the upper House and sacks of wooll for the Judges before them ten stages of seates extending farther then the midst of the Hall for the Gentlemen of the House of Commons At the end of all was a Deske closed about and set apart for the Lord Lieutenant and his Councell On Monday morning about seven of the clock he came from Monday the Tower accompanied with six Barges wherein were one hundred souldiers of the Tower all with Partizans for his guard and fifty payre of Oares At his landing at Westminster there he was attended with two hundred of the trayned-Band and went in guarded by them into the Hall The entries at White-Hall King-streete and Westminster were guarded by the Constables and watch-men from foure of the clock in the morning to keepe away all base and idle persons The King Queene and Prince came to the House about nine of the clock but kept themselves private within their Closets only the Prince came out once or twice to the cloth of State so that the King saw and heard all that passed but was seen of none Some give the reason of this from the received practise of England in such Cases Others say that the Lords did intreate the King eyther to be absent or to be there privately lest pretentions might be made hereafter that his being there was eyther to threaten or some otherwaies to interrupt the course of Justice A third sort That the King was not willing to be accessary to the Processe till it came to his Part but rather chose to bee present that he might note and understand what Violence Rigour or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose office it is asked Master Maxwell whether the Axe should bee carried before him or noe who did answere that the King had expresly forbidden it nor was it the custome of England to use that Ceremony but only when the Party accused was to bee put upon his Jury Those of the upper House did sit with their heads covered those of the lower House uncovered The Bishops upon the Saterday before did voluntarily decline the giving of their Suffrages in matters Criminall and of that nature according to the provision of the Cannon-Law and practise of the Kingdome to this day and therefore would not be present yet withall they gave in a Protestation that their absence should not prejudice them of that or any other priviledge competent to them as the Lords Spirituall in Parliament which was accepted The Earle of Arundell as Lord high-Steward of England sat apart by himselfe and at the Lieutenants entrie commanded the House to proceede Master Pym being speaker of the Committee for his accusation gave in the same Articles which were presented at his last being before the upper House which being read his Replyes were subjoyned and read also the very same which were presented before in the upper House Some give the reason of this because the lower House had not heard those Accusations in pulique before others that the formality of the Processe required no lesse however that day was spent in that exercise The Queene went from the House about eleven of the clock The King and Prince stayed till the meeting was dissolved which was after two The Lieutenant was sent to the Tower by his Guard and appointed to recurne upon Tuesday at nine of the clock in the morning The crowd of people was neither great nor troublesome all of them saluted him and hee them with great humility and courtesie both at his entrance and at his returne therefore let fame pretend what it please about the malice and discontent of the multitude That if he passe the stroake of Justice they will teare hâ—m in pâ—eces yet I see there is more in Rumor then in Sight and appearance and in this Report as in all others of this nature more is thrust upon the vulgar who seeme as well fearefull of punishment as exempt from it for all their great number then they doe justly deserve On Tuesday in the morning hee came accompanied as before to Westminster and having stayed in the Exchequer Chamber Tuesday till nine of the clock the King Queene and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge Pyms first Charge which was given the day before by a very ample Speech It is impossible to call to minde all the Hyperbolees the Flashes and superlative Expressions
that hee used the maine points were That it was a Treason farre beyond the reach of words that hee the Lieutenant a native Subject and a Peere of England the prime Governour of Ireland the Commander of his Majesties Forces and a Protestant in Religion should have in such an impious and grosse manner recompenced his Majesties favours abused his goodnesse and drawne all his Dominions into hazard and perill of their Religion Lives Goods and Priviledges That one of these faults alone had beene enough and too much for the fullfilling of the exorbitancy and wickednesse of any one man And that no punishment could be thought upon sufficient to expiat crimes of such a transcendent nature The Lieutenant with no lesse moderation and wisdome then the other with heate and passion spake to his owne defence and that with such a measure of Eloquence and Lively-hood that his very Enemies were affected with it and doe mervailously report of it Hee modestly recounted his services done to the King and Crowne of England his endavours for advancement as well The Lieutenants Answere of the Honour as Commodity of both Kingdomes in generall but in particular that of Ireland How he had engreatned and advanced the Kings Revenues there Restored the Churches maintenance Suppressed the Out-lawes established obedience to Royall authority and impedited the Tyranny and Usurpation of greater ones over the Commons And for the effecting of all these Actions hee mentioned himselfe the most weake and meanest Instrument with a wonderfull Prudence in a middle way betwixt the affectation of basenesse or dejectednesse and Allejance Master Pym after the close of his Speech told him that there were three new Articles adjoyned by an after search to his Three new Articles Charge and desired that he might presently Reply to the same Whereunto the Lieutenant answered It was very strange that after the close of the Processe and when matters were come to bee scan'd and examined by proofe that any new Charge should bee given in Yet lest he should seeme to decline the maintenance of his owne Innocency and the just defence of his Honour hee was most willing to heare them and have them alleaged provided that a convenient time might be assigned him to make his Replies against them as he had done to the other given in before But Master Pym excepted against this and told him that the House did conceive it to be dangerous to grant any farther Prorogation Upon this the Lords of the upper House who did not think it fit as yet to voyce any particular in the audience of the House of Commons did retire themselves and after a pretty time of stay they returned and declared That they had found the Lieutenants suit to be equitable in desiring of further time for answering yet seeing the Articles themselves neither for number nor weight seemed to bee of that importance but that he might furnish out a present Answere they thought it fitting to grant no delay The Lieutenant then intreating them to passe by and pardon the weakenesses of his extemporary Answeres desired to hearâ— the Articles read which were these First That hee had within these two yeeres withdrawne forty thousand pound sterling from the Exchequer in Ireland and imployed it to his owne private vses Secondly That in the beginning of his Government the Garrisons in Ireland had been maintained by the English Treasury Thirdly That hee had advanced Popish and Infamous persons as the Bishop of Waterford and others to the prime Roomes in the Church of Ireland To the first hee answered That thirty thousand pounds were set apart for the Kings late service at his owne most speciall and most peremptory Commands for which he produced the Kings owne Letter already approved as his Acquittance at the Exchequer boord in Ireland To the second That at the beginning of that Charge against him as ever before his time the Garrisons had beene burthensome to the Kingdome of England but that he had so improved it and setled the Kings Revenue there that the like is not to be heard in all the times that are by past For which if the best endeavors of a Subject may justly expect any reward from his King and Country hee craved leave to thinke that hee rather deserved many thanks then the least punishment To the third Hee attested all the Clergy in Ireland if ever he had taken upon him any particular medling in advancing their Church-men or whether he had done any thing concerning such affaires but upon the speciall advise and desire of the best and wisest of their number For his part when hee befriended the Bishop of Whaterford hee conceived of him as a man of Integrity and Learning fit for such an imployment nor was there then the least suspition of those monstrous impieties wherewith he was afterwards Charged That he had now justly suffered for the same and that hee hoped they would not lay a necessity upon him to Prophecy and Divine of the future Conditions and Deportments of men For others of the Church suspected of Popery hee knew none such but should answere to the Particulars so far as they concernd him when they should happen to be alleaged After this the House dissolved for that night the kings Majesty and the Prince having stayed all the time and the Lord Lieutenant was appointed to come thither againe on Wednesday morning at which time they are to proceede to the first Article to give an Oath to the witnesses and to examine all the Proofes whereon the Processe was builded It will be a very hard matter for him to expect every mans testimony and to give his answeres eyther for full satisfaction or diminution of all objections which way of proceeding will spend at least a fortnight if not a greater space of time yet it is thought the lower House are impatient of delayes The expectations are exceeding various and different about the event of this great action some thinke it will bee impossible to escape the many and great accusations laid to his Charge Others and that the greater number too are of opinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compasse of Treason quod tam misere cupio ut non credam his adverse party is so great and so farre interessed both in point of safety and honour against him that Flectere si nequâ—unâ—â—uâ—eros c. nothing will bee left unassayed that may accelerate his Ruine He hath all this time carried himselfe couragiously to the admiration and withall so moderately that it is to the great satisfaction of his very enemies so that he seemes neither dejected with feare nor to affect boldnesse with confidence but to carry himselfe with that constancy and resolution which his Innocency and brave parts doe promise The Irish Commissioners here have hitherto absteined from giving in any Remonstrance against the Lieutenant and doe still pleade to have an immediate
dependence from the King and not from the Parliament of England There was a report that the Parliament of Ireland had sent a Protestation against the Act made the last yeere for the Kings supply in his Expedicion against the Scots as a thing which was violently in part and in part surreptitiously obteined from them But I have learned this to be an untruth I had almost forgotten one passage of Master Pym who in the aggravation of the Lieutenants faults had this expression That hee was like the Whore in the Proverbs Hee wiped his mouth and with a brazen face said hee had done no evill To this the noble Lord Replyed That he wished his Innonocence might not be taken for Impudence That hee hoped shortly to cleere himselfe of all those foule aspersions which his malicious Enemies had cast upon him And hee was very confident that he should give the honorable Houses full satisfaction concerning his life hitherto and thought of nothing more hereafter then to retyre himselfe from all publique imployments Master Pym gave at this a great shout and desired the House to take notice what an injury he had done to the hnnourable House of Commons in calling them his malicious Enemies Whereupon the Lieutenant falling down upon his knees humbly besought them that they would not mistake him and withall gave a large Panaegyrique of their most just and moderate proceedings protesting that if hee himselfe had been one of the house of Commons as hee had the honour once to be he would not have advised them to have done otherwise against his deerest friend But withall told them that hee might justly say he had his owne un-friends which hee hoped in time to make known nor did hee all this time speake one bitter word against Master Pym though justly incensed which hath infinitely advanced his Reputation I have beene a daily hearer of these Proceedings against this great Personage now upon the Stage therefore doe presume I can give a reasonable account thereof The book of his Charge is extant in print so it shall be needefull for me only to name the Articles as they were canvased and those designed by the House of Commons to be his Accusers which were these that The names of his Accusers follow Pym Glin Maynard Whitlock Lo. Digby St. Johns Palmers Sr. Wa. Earles Sâ—roud Seilden Hampden c. One of these began the speech the rest after their Colleague hath done follow in their turne so that hee hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Master Glyn after a large flourish on Wednesday told the Wednesday Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article Glyns Chaâ—ge such a monstrous Crime could not be deprehended yet when all was conceived in the Masse and under one view hee should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at that Barre Hee added that his Charge was for intending to subvert and change the fundamentall Lawes Liberties and Priviledges of both the Kingdomes and to introduce an Arbitrary and Tyrannicall forme of Government This hee said could not appeare but by the fruits which were eyther in Expression or Action The Expressions were foure First That before severall witnesses hee had said at Yorke That Expres the Kings little finger should be heavier to them then the Loynes of the Laws To this the Lieutenant replyed That having spoken sufficiently before to his justification in generall hee would moreover add these few words by their Favours That it did strike him to the heart to be attached of such a wicked Crime by such honorable Persons yea that it wounded him deeper in regard that such Persons who were the Companions of his youth and with whom he had spent the best of his dayes should now rise up in judgement against him yet hee thanked God for it it was not guilt but griefe that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such infirmity of body and such anguish of minde to collect his thoughts and say any thing at all for himselfe But the Almighty God who knowes him to be innocent had furnished him with some abilities to give testimony to the truth and to a good Conscience He therefore intreated that if eyther in judgement or in Memory he should at any time fayle it might be imputed to his great weakenesse And although the Gentlemen his Accusers should seeme more ready in their Accusations then himselfe in his defence yet that might not prejudice his Cause who in very unequall termes had to doe with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorik he doubtted not might present many things to their view in a multiplying glasse Hee told them farther that for these many yeeres hee had beene weary of publique service and that now it was his resolution after he had vindicated his honour to retyre himselfe and enjoy his much longed for privacy And yet hee could not but tell them so much That it had beene his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe fruit falln from the Tree then to be violently pulled from thence as a fruitlesse and unprofitable withered Branch To the Charge of Treason he said that under favour hee conceived that although all the Articles conteined in his impeachment were verified against him yet they would not all amount to Treason neither simple nor accumulative For said he I doe not understand by what interpretation of Law the diversion of Justice can be called a subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed That his words were cleerely inverted for that his expression was That the little finger of the Law if not supported by the Regall Power in granting Pardons for poenalties of the same was heavier then the Kings Loynes That this was his expression hee verified First by the occasion for hee spake the words a long time since to some men who had layn imprisoned at Yorke and were then by the Kings favour set at Liberty whom hee incited to thankefullnesse by this expression towards his Majesty Secondly by witnesses produced by him In the examination of their witnesses hee convinced one of them of untruth by interrogating him where he was when the speech was heard and how farre distant from him when the man had replyed That he was twelve yards from him Hee answered that it was impossible for him to heare a man three yards off by reason of a deafenesse that had held him 14 yeeres which being found true the witnesse was rejected Another witnesse Sir David Foules was brought against him against whom he excepted as his known and professed enemy 't was
the height of his Tyranny not only to dominiere over Oath to Scotts in Ireland the Bodies but also over the Consciences of men to which purpose hee had enjoyned an Oath to the Scots in Ireland and because some out of tendernesse of Conscience did refuse to take the same hee had fined them in great sommes of money bannished a great nunber from that Kingdome called all that Nation Traytors and Rebells and said If ever hee returned home from England he would roote them out both stock and branch For Proofe of this First Sir JaÌ„my Mountgomery was produced who declared at lâ—rge how that Oath was contrived Secondly Sir Robers Maxwell of Orchyardon who spake to the same purpose Thirdly Sir Jo. Clotworthy who declared that a great number had fled the Kingdome for feare of that Oath Fourthly One Mr. Samuell who deposed that upon the tenth of October 1638. He heard the Deputy say these words That if hee returned hee would roote them out stock and branch They Concluded That this was a point of the most Tyrannicall and Arbitrary Government that before this time was ever heard of not only to Lord it over the Fortunes but also over the Soules of men And that it rested only in the Parliament which hath the Legislative Power to enjoyne Oathes And that therefore this was one of the chiefe points hee had done a gainst the priviledges and Liberty of the Subject The Lievetenant Replyed That every new Article acquainted him with a new Treason Straffords Reply that if hee had done any thing in all his life acceptable to the King and the Countray hee conceived it to bee this To these Particulars First Hee desired the Lords would call to minde the condition of those times no man pointing to my Lord Steward knowes better then your Lordshippe who had then the chiefest place in his Majesties service I would be very sory to rub said he old Sores especially seeing I hope things are in a fayre way to a firme Peace and I wish that I may not bee deceived that is That it may be so only thus much I may say we hâ—d then greater feares and apprehensions in Ireland lest the Scots in the Kingdome who were above one hundred thousand Soules might have joyned with their Country men at home for the disturbance of our Peace meane time we detected a Treason of betraying of the Castle of Knockfergus to a great man in that Kingdome whose name I now spare by one Freeman who upon the discovery was executed The Councell-Board therefore in Ireland resolved to prescribe the Scots an Oath whereby they might declare their discontent at their Country-mens proceedings and obliege themselves to the Kings service But while we were about this they of their own accord came to Dublin to Petition for it and tooke it with a wonderfull alacrity and heartinesse so that it is a marvelous falshood for any man to say it was invented or violently enjoyned by me Secondly about the same time the same Oath vrrbum verbo was by the Councell of England prescribed to the Scots at London and else where which was no small encouragement to us in Ireland Thirdly I had said he which I never shewed because I had no neede before this time a speciall Warrant from the King all written with his owne hand to that effect And when the King commands a matter not contrary to Law truly I said he doe conceive it both contrary to Law and Conscience not to yeeld him all due obedience For the Proofe brought against him there was nothing seemed to bee of any moment but the words For the first words That hee had called all the Nation Rebels and Traytors Hee said there was no proofe at all nor indeede could there be any for if I had said it quoth hee I had beene perfectly out of my witts And he thanked God such irrational-speeches used not to escape him Hee honoured that Kingdome very much because it was rhe native soyle of our dread Soveraigne his gracious Master and because hee knew a part yea he hoped the greatest part of them had beene and ever will be as loyall and dutifell to the King as any other of his Subjects And of those too who hâ—d subscribed that unhappy combination hee knew a great many had done it against their hearts and wills and would bee ever ready upon occasion to remonstrate the same by adhering to the Kings service So that this accusation was nothing but a wrestling and perverting his words and meaning of purpose to make him odious and irritate a whole Nation against him For the other words they were proved only by one witnesse which could make no sufficient faith and that witnesse too hee would evince if not of perjury yet of a notable mistake For hee had sworne positively that hee had spoken these words the tenth of October whereas hee was come out of Ireland into England the twelfth of September before and was at London the one and twentith For those that had sled the Kingdome because of that Oath he knew none such and if they did they fled into Scotland which might sufficiently argue their intentions and resolutions For his part if they were not willing to give that testimony of their Loyalty to their Prince although hee had known of their departure hee would have beene very loath to have kept them against their wills but should have beene gladly rid of them and have made them a Bridge to be gone rather then stay Upon Monday Master Whitlock proceeded to the 20 Article Munday Article 20 the next 5 crowded together and told him that because the matter was intervenieâ—t consimilis naturae they had resolved to joyne the five next Articles together because all of them tended to one point or period that is to shew what bad Designe he had to have subdued the Kingdomes both of Scotland and England by force of Armes and to reduce them to that arbitrary Government he had lately introduced into Ireland The Lievetenant intreated that they would proceede according to the order praescribed by the House which was Article by Article Hee said five Articles were many the matter weighty his Memory Treacherous his Judgement weake It was bitterly replyed by Master Glyn that it did not become Glyns Hony combe interposed the Prisoner at the Barre to praescribe them in what way they should give in their Evidences The Lievetenant modestly answered that if hee stood in Strafford's Reply his place hee would perhaps crave the like favour unlesse his abilities did furnish him with more strength then he could fiâ—de in himselfe for his part he was contented they should proceede any way alwaies provided they would grant him a competent time for Replying Then Whitlock went on and told the Lords that somthing in those Articles concerned the Scottish somthing the English Nation that which concerned the Scottish hee reduced to five heads First That the Deputy had said at
the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee answered by the Sword Thirdly That he had caused some Scottish goods and ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert Kâ—ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a disâ—ourse with the Primaâ—e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee had said that if the Parliament meaning the last Parliament should not grant a competent supply that then the King was acquitted before God and Man and might use the Authority put into his hands Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he could for his Majesties service and assistance His expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficulâ—y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared that he had heard the Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse because of the exceeding great Love he carried to the Man For the last which were the most dangerous speeches about the reducing of this Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of obedience nor upon Rebellious courses They at last concluded the Charge That the words were so monstrous that to aggravate them was to allay them and therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes did not much stick upon him for upon the suppositions first that the demands were true secondly that they were not justifiable thirdly that no other course could prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged to be his bosom friend yet had thoughts of his own and might have some other thoughts in his bosom and be to some other Expressions then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse and in Law can prove nothing add to this said he that it was a private discourse between him and me and perhaps spoken by me tentandi gratia and how farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own conceptions or craving the advice of wiser and learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star of Hen 7. 12. and of Edw. 6. 5. Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councell which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly altered the Antecedents were upon an absolute or inevitable necessity upon a present invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is hee not publicus Inspector Regni Stands it not him in hand to do somthing on present
necessities And that these were his words he often proved over and over againe by the Marquesse by the Lord Treasurer Cottington Sir Tho. Jerminâ— My Lords what I have kept to the last said he is this and I would intreate you seriously to thinke of it If a mans Table his Bed his House his Brother his Friends and that too after they have given an oath of secrecy to be rak't to finde out Treason against him who never knew what it meant what earthly man shall passe free from Treason Let my misfortune my Lords be your advertisement your wise Ancestors were glad to put bands and limitts to this Lion Treason if you give him the large scope of words to range into he will at last pull you or yours all to peeces But my Lords I did never thinke till now that matter of Opinion should be objected as matter of Treason For first opinions are free and men may argue both pro con in all faculties without any staine of his reputation otherwise all consultations would be vaine Secondly I may be of another judgement then I declare my selfe to be of opinion perhaps to gaine better Arguments for the maintenance of my owne Grounds Thirdly Many and my selfe often times have propounded my Opinion yet upon hearing better judgements have presently changed it Fourthly We use to strayne our opinions too high sometimes that we may meete in a just moderation with those whom we conceive in the other extremity to be too low Fiftly It is expresly commanded by the Star Hen. 6 9 that though a man should say the King is not lawfull heire to the Crowne and may be deposed yet he is not to be charged with Treason but only with Felony And I hope my Lords those words are of a more transcendent and superlative nature then any alleaged by me to he spoken But my Lords said hee lay it to your hearts it must come to you you and your posterity are they whom God and Nature Byrth and Education have fitted to beautify the Royall-Throne and to susteine the weighty affaires of the Kingdome If to give your opinions in Politicall Agitatious shall be accounted Treason who will be willing to serve the King or what a dilemma are you in If being sworne Councellors you speake not your minds freely you are convict of perjury if you doe perhaps of Treason What detriment what Incommodity shall fall to King and Kingdome if this be permitted Which of you hereafter will adventure yea dare adventure so much as to helpe by your advise unlesse you be weary of your lives your estates your posterity yea your very Honour Let me never live longer then to see this confusion yea I may say it this inhumanity in England for my part my Lords I here confesse my selfe I ever have and ever shal speake my opinion freely in any thing that may concern the Honor and safety eyther of my gracious King or my deere Countrey though the sword be two edged fearing rather him that killeth the Soule then him whose power reacheth only to the body Nor doe I see how I am culpable of Treason unlesse it bee treason for not being infallible and if it be so my Lords you have this rag of mortality before you loaden with many infirmities though you pull this into shreds yet there is no great losse yea there may be a great gayne if by the same I may seeme to have dared too farre to give a testimony to the World of an Innocent conscience towards God and a Resolute loyalty towards my Prince which have ever beene my only Pole-starres in the whole course of my life and if by spilling of mine there be not a way found how to trace out the blood of the Nobility which I hope your Lordships will looke too there is no disadvantage at all suffered by the losse of me You have his very words as neere as I could recollect Tuesday was a day of Rest Upon Wednesday Whitlock Charged thus That the praeceding Wednesday Whitlocks Chaâ—ge Articles were of so high a consequence and of so transcendent a Nature that nothing wanted to make up the perfect measure of the most horrid Treason and monstrous Attempt that ever by a Native was intended against his King and Country But puting these defigned projects into Extention which had undoubtedly hapned to the ruine and subversion both of Church and State had not the clemency goodnesse of the Prince and the Piety and carefulnesse of the well affected Peeres timously foreseene and prevented the same that still the Principles of Tyrany and Oppression had lodged within his bosome and therefore had burst forth into these expressions and advises conteined in the following Articles where first in the twenty fifth they Charged him with three things First That hee had advised the King to a rigorous and unlawfull exaction of Ship-money Secondly That he had given Councell that if the Shreeves should deny their best endeavors and assistances to that effect they should bee sent for and fined by the Starre-Chamber and Impâ—isonment Thirdly That when the Aldermen of London had in all humility represented the Causes why the Ship-money could not be collected amongst them and had given in the Reasons why they refused to give in a List of their names within their City who were able to affoord the Loan-money Hee in a contemptuous Tyrannicall manner in the face of the Councell-Boord had said to the King Sir These men because of their obstinacy and frowardnesse deserved very well to bee fined ransomed and layed by the heeles And it will never goe well with your service untill some of them be hâ—nged up for examples to other The Proofes were these First The Bishop of London Lord Treasurer who declared that he remembred the words very well that the Lord Lievetenant had advised the King to cause the Ship-money to be gathered in but he remembred withall that both himselfe and all the Councell had done the like and that it was upon a present necessity and defect of money for entertayning the Army which the condition of the times considered they all conceived was by any meanes to bee kept on foote Secondly Alderman Wiseman declared that upon an humble Remonstrance made to the Councell-Boord the City would take it ill if a Tax-role should be delivered of their estates who were thought able for the Loan-money the Lord Strafford said they deserved to bee fined ransomed and laid by the heeles but for the words of hanging them up hee heard not at all Thirdly the Earle of Barkeshire declared that the Lord Strafford had said that upon the refusall of such a service enjoyned by the Kings peremptory command it was his Opinion they might be fined Fourthly Alderman Garway attested the preceding words and withall added that the Lord Lievetenant to his best remembrance had said It were well for the Kings service if some of theem were hanged up They closed the Charge That by such undutifull
praejudiciall unto my Lord Strafford First In that they should suppose that to be done which is not proved to be Secondly That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate one from the other Thirdly That it is the course of all Judicatories first to settle the Verdict and upon that to fixe the Arguments otherwise hee could conceive no possible way of proceeding And therefore in the Lord Straffords name he most humbly entreated that the Lords would either wholly determine the matter of Fact or whether Treason or not for then all other proceedings in Lawe were unnecessary but whether done or not done or else to give them some States of the question whereunto they might confine themselves Upon this motion the House was adjourned for that day nor hath it met since for the House of Commons are turned to their old bias and will heare of nothing but the Bill of Attainder but the Lords seeme to be more resolute then before because they finde that they have no Authority to declare a Treason in a fact already past the Salvo of the twenty fift of Edward the third being Repealed withall that if the Bill of Attainder should proceede the King hath as great power to hinder that at the last blow as any other Stat. but I hope the Lords will disburthen him of that envie All they which stand oblieged to the Lord Strafford in blood affection or deserving and all who have beene interessed with him in the Kings service and many too who both hate his person and dislike his proceedings will doubtlesse looke to it and tender their owne safety all of them in likelyhood being subject to the Charge of Treason if ever they chance to be called to doe the King service in any place of importance I cannot expresse how much the voice of the multitude is now altered from what it was lately nothing now talked of what should be done but only of what must be done so that if the Lord Strafford dies his very enemies will confesse that it is done more for necessity then for Justice and rather for the satisfaction of rancorous apprehensions then for any guiltinesse in the Cause Thursday last viz. Aprill 29. was designed for the Agitation Thursday of the long intermitted busines concerning the Lievetenant And the way was this The Lords did meete at the great Hall at Westminster about nine of the clock not in their Robes nor did the Lord Steward The foâ—mality â—f a conference sit upon his sack but with the rest promiscously nor did the Committee for the House of Commons stand at the Barre but sat with the rest of their fellowes and the Earle of Strafford sat behinde the place where he used to sit before The reason of these changes were because the Diet was appointed not for a meeting but for a Conference so curious are we and that 's all about formalities The King Queene and Prince were there according to their custome not a man spake a word in the house all the time but only Master St. John the Kings Sollicitor one of the Committee whose drift and purpose was to furnish the Lords with reasons why the House of Commons had proceeded with a Bill of Attaindor And withall to reply to what the Lord Strafford had spoken eyther by himselfe or his Councell in matter of Lawe The Speech is in Print If it were not without my Sphere to give my opinion of Master St. Johns speech it should be this That he spake little or nothing to purpose except in his fift or sixt Arguments and in them I beleeve without his booke if not I should conceive it better and safer to live under the Lawes of any other Nation then these of England where all Lawe is at last resolved into an Arbitrary power and that by these very men who so much elsewhere enveigh against it Of the Presidents which seeme to pinch hardest many of them were since the Proviso Repealed which is an Argument in my apprehension of the pleaders penurie others nothing to purpose as that of Felony c. to the other few if Lawyers can give satisfaction I am confident Master St. John did rather advantage then hurt the Earle by his pleading The next news which we expect to heare is with what Resolution he went out of this World for it is concluded amongst the major part of his Judges that one must die for the people It were well if the blood of one two or three could satisfie The Bill for certain is past the higher House to which 't is thought the King will be perswaded to give way The Scaffold is built upon the Tower Hill God grant him mercy for his other sins and I hope he will easily answere that of Treason He dies as we heare upon the twenty third Article for the words attested by Sir Henry Vane though his Majesty publiquely protested the words were never spoken by him Upon the close of Master St. Johns speech the House dissolved nor was there a word spoken but by Master St. Johns only the Lord Lievetenant used the last part of his Rhetorique and by a dumbe eloquence Manibus ad Syderatensis all along Master St. Johns speech made his Replies with a deepe silence Upon Friday he Petitioned the Lords to be heard againe and that because his Lawyers had not fully spoken at their last meeting but this was denied him because the House were to have the last speech nor were they content to speake againe Upon this information or what else is not known the King it seemes fearing the Inconstancy of the Lords came to the House on Saterday at ten of the clock and having called for the House of Commons spake much to this effect THAT Hee had sincerely without Affection The Kings speech to the House of Commons or Partialitie endeavored to informe himselfe concerning the Livetenants Charge and had at length seriously pondered with himselfe both concerning the matter of Fact and the matter of Lawe and now it stood him in hand to cleere their judgements then to exonerate his own Conscience For them Hee had two things to declare First That there was never such a project nor had the Lord Strafford ever offered such advise for the transporting of the Irish Army into England so that in nothing the Livetenant had beene more misunderstood then in that Which imputation did in no small measure reflect on himselfe the King as if he had intended to make War upon his own good Subjects which thought he said was farre enough from his brest nor could any man in probability thinke so unworthily of him who had perceived how graciously he had dealt with his Subjects elsewhere that had deserved a great deale worse Secondly That the Lievetenant had never advized him to establish an Arbitrary Government nor if he had should he have escaped condigne punishment nor would any of his good Subjects ever
think otherwise unlesse they conceived him either to bee a foole or a Tyrant that he either could not or would not discern such wickednesse Hee was well content hee said with that Authority and Power which God had put into his hands nor should he ever thinke it his Praerogative to intrude upon the Propriety of the Subject For himselfe and his own Conscience hee said he was now to Declare That in his own judgement there was nothing in the Processe against the Lievetenant that deserved the censure of Treason Oversights and Mis-demeanors there were in such a measure that he confessed the Lord Strafford was never worthy hereafter to beare any Office in his kingdomes no not so much as of a Constable but was to be answerable for all his Errors when they were to be charged upon him and to this none of them should concurre with greater alacrity then himselfe That he hoped none of them would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concurre with them to punish this man as a Traytor and desired therefore that they would thinke of some other way how the businesse might be composed Nor should it ever be lesse deere to him though with the losse of his deerest blood to protect the Innocent then to punish the Guilty At the House of Commons startled and adjorned themselves till Monday divers censures are Past upon the Kings speech even of those that love his houour some thinke hee was drawn to this by a certain fore-knowledge of the Lords facility to give way to the Commons and that it was better to expresse themselves then if by that meanes hee could hinder the sentence then to countermand the Execution thereof when it was passed and so draw all the envie upon himselfe others are of opinion which is more probable that this hath beene a plot of the Kings bosome enemies to set him at ods with his sujâ—cts that thereby they might sish the more securely in these troubled waters The reason is because it is very likely the Lord Strafford might have passed free by the voices of the Lords but now howsoever the matter falleth out all the blame will be imputed to the King for if hee bee condemned it will bee no thanks to the King if Justified that will cerrtinly bee layed to the King too as who by his threats and menaces hath forestalled the voyces of his Nobilty It is conceived by wise men and such as wish no evill to my Lord Strafford that it had beene farre better both for the King and him to have first tryed the utmost of the Lords for the King because it was both possible and probable that hee migh have gayned the Declaration of the Lords for him If not it was time enough to Interpose his own power afterwards for the Lord Strafford because it hath made the House of Commons a great deale the more pressing fearing by the Kings Peremptorie answer from whom in regarde of the advantage of the times they expected nothing but a Concedimus omnia that there is some plot under hand And these thoughts produced the late tumults of the Londoners of which more by and by And it is verily thought that for these two reasons the Lievetenants seeming friends but indeede Reall enemies have put the King upon this way hoping thereby that the Lords should finde occasion to pretend necessity of doing that which perhaps in regard of common equity or the Kings dipleasure they could nor durst have done howsoever Facta est alia the King is now so farre engaged that with respect to honour and conscience hee connot retire for if the Praecedure bee by a legislative power It falls directly upon him nor can hee give his assent If by a Judiciary then must hee either hinder the execution or bee sayd to have Charged himselfe with Injustice This hath produced Strange alterations even the marriage of the Prince of Orenge done on Sunday last May the second with ordinary Solemnity is now exceedingly hatefull to the Commons which so much before desired it some say the Praecipitation of that marriage Imports no good others that the Parliament had condiscended to that marriage but did not expect that Acceleration a third sort that the party is meane enough if not too lowe for the King of Englands eldest Daughter All of them that the Dutch-men have offered mony to the King for a new service of warre and have thereby bought this Honour This is encreased by the landing of a Dutch-man who is to bee Gentleman of the Kings Horses And shortly with us the Hollander will bee no lesse odious then the Spanyard Oh the wonderfull changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty meanes and to get the Rheins cast upon their own necks it ranges madly up and downe nec modum tenens nec terminum nor is capable of subsistence till it hath lost it selfe and what it so much affects Liberty So knives are put into the hands of children who discerne no danger but affect them for their splendor and glittering so Poyson into the mouâ—hs of fooles which is Judged only by the taste and sweetnesse But it seemes the Judgment of this Kingdome cannot bee prevented and because they have sinned against themselves by abusing their plenty and fatnesse It is the just judgement of God that they bee the executioners of his Judgements upon themselves Before I tell you of Monday and Tuesdayes madnesse I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentises beset the Spanish Ambassadors house neere Bishops-gate threatning to pull it downe and kill the man the Mayor of London coms amongst them and with a great deale of paynes perswaded them to retire home and afterwards entred into the Ambassadors House at his comming in the Ambassador desired him to pull downe his sword which was carryed before him because hee was now where the King of Spaine had Jurisdiction That being done hee told the Lord Mayor that in all his life time hee had never seene such a barbarous attempt and desired to know whether England were a civill Nation or no where the Law of Nations were so monstrously violated The Mayor replyed that they were of the base and rascally sort of people and intreated the tumult might not bee imputed to the town the Ambassador answered that hee could hardly acknowledge that to bee a town yea scarce a society of men where there was so little Civility and Government The Mayor told him that the people were discontent because Masse was said in his house The Ambassodar replyed that the English Ambassador had the free exercise of his Religion at Madrid and that hee would rather forgoe his life then any of those priviledges due to him by Paction and the Law of Nations The Mayor answered they were the more incensed against him
ever establish betwixt you and your Subjects Sir My consent herein shall acquit you more to God then all the world can doe beside To a willing man there is no injury done And as by Gods-grace I forgive all the world with a calmnesse and meekenesse of infinite contentment to my dislodging Soule so Sir I can give the Life of this world with all cheerefulnesse Immaginable in the just acknowledgment of your exceeding favours and only beg that in your goodnesse you would vouchsafe to cast your gracious Regard upon my poore Sonne and his three sisters lesse or more and no otherwise then their unfortunate Father shall appeate more or lesse guilty of this Death God preserve your Majesty Your Majesties most Humble and Faithfull Subject Servant STRAFFORD Tower May 9. 1641. The Petition of THOMAS Earle of Strafford to the right-Honorable the Lords Spirituall and Temporall in the Parliament at Westminster 1641. Sheweth THAT 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 fraile Nature He shall in all Christian patience and Charity conforme and submit to that 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 returne your Lordships most humble thanks for your noble Compassion towards those Innocent Children who now with his last blessing he commits to the protection of Almighty God beseeching your Lordships to finish your pious Intentions towards them and desiring that the reward thereof may be given you by him who is able to give above all that we are able either to aske or thinke wherein I trust the honorable House of Commons will afford rheir Christian assistance And so beseeching your Lordships charitably to forgive all his omissions infirmities he doth heartily and truly recommend your Lordships to the Mercies of our heavenly Father that for his goodnesse he may protect you in every good work Amen There was a foolish ridiculous and scandalous Speech printed which was pretended to have been spoken by the Earle of Strafford to certaine Lords before his comming out of the Tower which is protested against and avowed to be false by the Lord Primate of Ireland E of Cleveland E of Newport Lo. Rich Sir William Bâ—lfoure Sir William Wentworth Sir George Wentworth Dr. Carre Dr Price De Mortuis nil nisi verunt The Paper conteining the Heads of the Lord Straffords last Speech written with his own hand as it was left upon the Scaffold falling out of his Bosom 1. Come to pay the last Debt we owe to sinne 2. Rise to Righteousnesse 3. Dye willingly 4. Forgive all 5. Submit to Justice but in my intentions Innocent from subverting c. 6. Wishing nothing but good Prosperity to King and People 7. Acquit the King constreined 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and settlement of a Kingdome in blood 10. Beseech that demand may rest there 11. Call not blood on themselves 12. Dy in the Faith of the Church 13. Pray for it and desire their Prayers with me A true-copy of his Speech delivered on the Scaffold My L. Primate of Ireland IT is my very great comfort that I have your Lordship by me this day in regard I have beene known to you these many yeares and I doe thank God and your Lordship for it that you are heere I should bee very glad to obteine so much silence as to bee heard a few words but I doubt I shall not the noise is so great My Lords I am come hither by the good will and pleasure of Almighty God to pay that last debt I owe to sinne which is death and by the blessing of that God to rise again through the mirrits of Jesus Christ to righteousnesse and life aeternall Heere hee was a little interrupted My Lords I am come hither to submit to that Judgement which hath passed against me I do it with a very quiet and contented minde I thank God I doe freely forgive all the world a forgivenesse that is not spoken from the teeth outwards as they say but from the very heart I speake it in the presence of Almighty God before whome I stand that there is not a displeasing thought arising in me towards any man living I thank God I can say it and truly too my conscience bearing me witnesse that in all my imployment since I had the Honour to serve his Majestie I never had any thing in the purpose of my heart but what tended to the Joynt and Individuall prosperity of King and people although it hath beene my ill fortune to bee misconstrued I am not the first that hath suffered in this kinde it is the common portion of us all while wee are in this life to err Righteous Judgment wee must wait for in another place for heere we are very subject to bee mis-judged one of another there is one thing that I desire to free my selfe of and I am very confident speaking it now with so much cheerfullnesse that I shall obteine your Christian charity in the beliefe of it I was so farre from being against Parliaments That I did allwayes think the Parliaments of England were the most happy constitutions that any Kingdome or Nation lived under and the best means under God to make the King people happy For my Death I heere acquit all the world and beseech the God of Heaven heartily to forgive them that contrived it though in the Intentions and purposes of my heart I am not guilty of what I dy for And my Lord Primate it is a great comfort for me that his Majesty conceives me not merriting so severe and heavy a punishment as is the utmost execution of this Sentence I do infinitly rejoyce in this mercy of his and I beseech God returne it into his own bosome that hee may find mercy when hee stands most in neede of it I wish this Kingdome all the Prosperity and happinesse in the world I did it living and now dying it is my wish I doe most humbly recommend this to every one who heares mee and desire they would lay their hands upon their hearts and consider seriously whether the beginning of the happinesse and reformation of a Kingdome should bee written in Letters of blood consider this when you are at your homes and let me be never so unhappy as that the last drop of my blood should rise up in Judgement against any one of you But I feare you are in a wrong way My Lords I have but one word more and with that I shall end I professe that I dy a true and obedient Sonne to the Church of England wherein I was borne and in which I was bred Peace and prosperity bee ever to it It hath beene objected if it were an objection worth the answering that I have beene inclined to Popery but I say truly