only excepted as be imployed here c. do hereafter make their personal Residence and not depart for England or other place without privity of Our Deputy any former Letters to the contrary notwithstanding And because We resolve to have this course constantly observed if you shall have notice of any Contemner of this Command Our Will and Pleasure is That you proceed against them in an exemplary way to deterr others And for so doing this shall be your Warrant My Lord of Strafford observed That he might well have hoped that this being required by the Laws of the Land that no man should depart without Licence but it should be penal to him having their own Articles which desire the same thing That by this Proclamation the Power of my Lord of Faulkland was established upon him and the Kings Command for the issuing this Proclamation being justified by the Kings own Letter so that this should not have been laid to him for so great and high a crime as it hath been represented to your Lordships and he trusted that by that time their Lordships thought it not so great a crime as it might at first seem to be That he was not very hasty in issuing the Proclamation he having no interest in it nor nothing to drive him forwards for tho His Majesties Command was bearing date 20 Iune 1634. yet the Proclamation issued not till Sept. 17. 1635. And because all he had said had been turned on him as a crime his Lordship gave this further Answer That there could be no Proclamation made by the Deputy alone he being absolutely restrained by his Commission not to make a Proclamation without the Council therefore he could not be singular in the fault but had the consent of all the Kings Council and for instance in matter of Law the Chief Justices are sitting at the Board to whom all matters of Law are referred and they are answerable for it and are so learned that they could not do things so frequently without good authority and this he offered in excuse of this and all other Proclamations not doubting but it was according to the Laws and Customs of the Land And for further satisfaction that part of his Commission that concerned the Proclamation was read and in this particular he desired leave to offer something more with all Humility that tho none of these were for his justification yet for Reasons of State this Restraint was most necessary for whosoever goes over Deputy while these two great men to term them no worse O Neal and Tir-Connel have Regiments of the most antient Irish Septs serving the King of Spain under their Command it is necessary for him to have an eye upon them for if every one might withdraw himself at pleasure without giving an account it would open all the power and means that possibly can be to distemper that State and certainly if that liberty might be granted he feared it would produce sad events in that Kingdom Moreover if all the Primogeniture and Nobility of that Religion should be suffered to go over to Doway St. Omer and the Jesuites Colledges it was to be feared they should not be so well brought up for the service of the King and Common-wealth as may be desired and therefore it was necessary according to the constitutions of that Kingdom that they shall give an account to the Chief Governor And it was no other than what is practised here in England no man being at liberty to goe hence into France without Licence And certainly said he it is an Account we owe to the King and stands with the Law of nature Pater Familiae may take accompt of his own Houshold and the King being the great Father of the Common-wealth we owe this Accompt to him Therefore he conceived it can be no great offence in him to do this on these grounds and as he recommended the prosperity of that Kingdom and His Majesties affairs there and here to God by his Prayers and good desires so he wishes it might be taken into good consideration that this may be continued as a principal and necessary expedient to give His Majesty that account without which the Governor shall not be able to take just measures of things there His Lordship then observed that something had been observed that was no part of his Charge and therefore presumed their Lordships would not expect an answer to it or conclude him any way in their Judgement guilty of it since the means of giving that satisfaction which otherwise he should have done are now taken away But when they came to be complained of in their proper place he is ready to give such an account as becomes a Just and Innocent man But that which seems to be the foulest of them was that concerning my Lord of Esmond of which he remembred very little but something darkly and if it appeared not as he should say he was extreamly mistaken for what he did not know or remember he would not speak of it confidently and in short the point is this Two men swear that he the Lord of Strafford denied liberty to my Lord of Esmond to come for England Aug. 1638. and that he was kept in Ireland and could not have Licence to come away till April 1639. His Lordship confessed it to be very true and that he remembred my Lord of Esmond desiring to go over was stopped by him a while he being Sergeant Mayor-General of the Army the Army having occasion of motion and that he was sure it was much about the time if his Memory failed him not extreamly but when it came to this time and he had means to produce witnesses he hoped to make this appear besides he was mistaken if he did not very shortly after give him a Licence and that he found not occasion to make use of it and if that was was so all they said was taken away for he afterwards finding it to draw towards winter laid aside the Licence till the Spring at Spring he asked it and had it but in these things not judicially brought against him and to which he could not make certain Answers he hoped he might stand clear and unprejudiced till he may answer positively for himself and then as their Lordships should find him they might judge of him and he should ever most willingly submit to their Judgements and abide it whatever it was And whereas the Witnesse said my Lord of Esmond was hindred because he had no Commission to examine Witnesses my Lord of Strafford said he was able to prove that a Bond was granted him to examine Witnesses And the Witness being accidentally there his Lordship took notice of Gods providence from that and said God Almighty was willing to help and assist him wonderfully in his Trial and that his Goodness to him in this Cause had been a great deal more than he would trouble their Lordships withal at that time but he said he was confident God had
of High Treason and that he had also delivered the other Particulars he had in Charge Their Lordships Answer was That they do desire to take this weighty Matter into their serious Consideration and will speedily send an Answer by Messengers of their own Afterwards Mr. Pym was sent up to the Lords with a Message that some fit course be taken that there may be free Passage between England and Ireland notwithstanding any Restraint made there to the contrary The same day came a Message from the Lords by the two Chief Justices That the Lords have taken into serious Consideration the Accusation sent from this House against the Earl of Strafford and have Sequestred him from the House and have Committed him in safe Custody to the Messenger of their House and they will move his Majesty that the Passage from Ireland into England may be open notwithstanding any Restraint made there to the contrary The Message delivered by Mr. Pym was in manner following My Lords The Knights Citizens and Burgesses now Assembled in the Commons House of Parliament have received Information of divers Traiterous Designs and Practices of a great Peer of this House and by vertue of a Command from them I do here in the Name of the Commons now Assembled in Parliament and in the Name of all the Commons of England Accuse Thomas Earl of Strafford Lord Lieutenant of Ireland of High Treason And they have Commanded me further to desire your Lordships that he may be Sequestred from the Parliament and forthwith committed to Prison They further Commanded me to let you know that they will within a very few days resort to your Lordships with the particular Articles and Grounds of this Accusation The Earl being required to withdraw it was debated by the Peers Whether he should be Imprisoned on a general Accusation without any particular act of Treason charged against him or not But upon the question it was carried in the Affirmative and he being called in kneeled at the Bar and after standing up the Lord-Keeper spake to him as followeth My Lord of Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day Accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few days produce in the mean time they have desired of my Lords and my Lords have accordingly Resolved That your Lordship shall be committed into safe Custody to the Gentleman-Usher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you And thereupon he was immediately taken into Custody by Iames Maxwell Usher of the Black Rod. Thursday Novemb. 12th 1640. A Message came from the Lords by the Lord Chief Justice Littleton and the Lord Chief Baron Davenport That the Lords have Commanded Us to let You know that in pursuit of your desire Yesterday to have the Ports open between Ireland and England some of the Lords had moved His Majesty in it and it shall be done speedily and effectually This day the House fell into serious Debate concerning Sir George Ratcliff an Intimate of the Lord Lieutenants of Ireland in whom he reposed great Trust and Confidence and by the discourse was as if he were guilty of High Treason in endeavouring to subvert the Fundamental Laws and that he did joyn with the Earl to bring in an Army from Ireland into this Kingdom and had joined with the said Earl to use Regal Power and to deprive the Subjects of this Kingdom of their Liberties It was moved that he might be sent for over as also for Sir Robert King who is a material Witness against the Earl of Strafford But for as much as they were Members of the Parliament then sitting in Ireland it was referred to a Committee viz. Mr. St. Iohns Mr. Selden Mr. Ieofrey Palmer Mr. Solicitor Mr. Maynard Mr. Grimston Mr. Chadwell Which Committee had Power to consider what was fit to be done in sending for Sir George Ratcliff and Sir Robert King in regard they are Members of the said Parliament now sitting in Ireland and to present it to the Consideration of this House and are to meet to morrow Morning at Seven of the Clock in the Committee-Chamber Ordered Mr. Speaker be intreated to be here this Afternoon to sit by at the Great Committee for Irish Affairs and if there be Cause to resume the House And accordingly the Grand Committee of the whole House sate this Afternoon upon the Irish Affairs and the Speaker sate by according to Order There came word that the Lords were come and expected the Committee of this House at the Conference concerning the Proceedings at the great Council at York Mr. Speaker assumed the Chair and it was moved That the Committees that sate in other places might be sent for to attend the Conference that those Gentlemen might be sent for by the Mace that were gone before to the Conference The House rose and the Committee went up to meet the Committee of the Lords at the Conference and Mr. Speaker adjourned the House and went home Friday Novemb. 13th 1640. Ordered that the Committee for preparing the Charge against the Lord Lieutenant being now Sine die meet this Afternoon at Four of the Clock in the Treasury-Chamber which Committee has Power to receive all such Petitions and Papers as may conduce to the business and have likewise Power to send for Records Papers Parties and Witnesses or any other thing that they shall think may conduce to the perfecting that Charge The King's Solicitor Reported from the Committee appointed to consider of the manner of sending for Sir George Ratcliff and Sir Robert King being as is inform'd Members of the Parliament in Ireland That the Committee were of Opinion That it is better to examine this Matter according to the Rules and Foundations of this House than to rest upon scattered Instances They distinguished between the Case of Sir George Ratcliff and Sir Robert King thus We find an Information given which if it be true of High Treason against Sir George Ratcliff then there is no doubt but in Case of High Treason Priviledge of Parliament neither here nor there doth reach to protect him but that Sir George Ratcliff may be sent for though a Member in Parliament there this was the Opinion of the Committee For the other Sir Robert King the Case did differ for to send for him to testifie in any Case were of dangerous Consequence or to send for him to testifie in the Kings Bench in Case of Treason where the Court doth ordinarily sit but this Case differs between sending for a Member of Parliament to give Evidence in any ordinary thing or in any ordinary Court for the Parliament is a Court that doth not ordinarily sit a Court of the great Affairs of the Kingdom therefore to be sent for hither
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
Quality and Trust are in Ireland material Witnesses to be examined as the Master of the Rolls the Lord Chancellor and others these can hardly be spared to come hither to give their Testimony The Committee desires the Advice of the House in this particular which without their Judgments cannot be determined to think of some way how these Parties might have their Testimony taken and the Truth might be known and Justice done This whole matter thus Reported from the Committee for Irish Affairs is recommitted to the same Committee again to consider of it and to draw those things that are to be inquired of under apt Heads and so present them to the judgment of this House to proceed accordingly Mr. Maynard Mr. St. Iohns Mr. Hide Mr. Whistler Mr. Ieofrey Palmer Mr. Glyn Mr. Sollicitor This Committee is to Collect and Offer to this House Reasons for this House to make use of and insist upon in maintainance of that Point of the Message of this House to the Lords which desires the presence of some of the Members of this House at the Examination of such Witnesses as shall be Proposed by this House in the Accusation of the Earl of Strafford To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six intire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Susidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limitted into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined 3. The proceedings in civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Usage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to
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
may be duly examined by whom these words were spoken that there may be some further Proceedings to prevent the dangers that may ensue thereupon and that those Counsels may be looked into and searched to the bottom These three Heads were all severally put to the Question and by Resolution upon the Question Ordered to be the Heads of this Conference Mr. Stroud went up to the Lords with this Message to desire a Conference with their Lordships by a Committee of both Houses touching the Proceedings against the Earl of Strafford and some other matters lately discovered Ordered That at the next sitting of the House the Bill for the Attainder of the Earl of Strafford shall be read the second time and Mr. Speaker is to put the House in mind of this Order A Message from the Lords by Mr. Heath and Serjeant Glanvil The Lords desire a present Conference by a Committee of both Houses in the Painted-Chamber if it may stand with the conveniency of this House concerning the last Conference about the Proceedings against the said Earl Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and will give a present meeting as is desired The Committee appointed to manage the Evidence at the Trial are appointed Reporters of this Conference Mr. Glyn Reports the Conference with the Lords to this purpose That the Lord Steward spake in the Name of the Lords and did declare That their Lordships are Resolved this House may proceed as formerly was intended before the offer of further Evidence to be propounded the Earl of Strafford to recollect his Evidence first and that being done the Members of the House of Commons to state their Evidence and this to be done to morrow morning whereof they will give the Earl of Strafford Notice Tuesday April 13th 1641. Post Merid. The House only met and adjourned till the next morning Wednesday April 14th 1641. Post Merid. An Act was read the second time for the Attainder of Thomas Earl of Strafford of High Treason upon the Question Committed unto a Committee of the whole House Mr. Speaker sitting by The Order for Resolving the House into a Committee to Consider of the Bill for the Attainder of Thomas Earl of Strafford of High Treason was read and accordingly the House was Resolved into a Committee and Mr. Peard called to the Chair Then Mr. Speaker assumed the Chair A Message from the Lords by Judge Reeves and Serjeant Glanvile That their Lordships have appointed to hear the Council of the Earl of Strafford to morrow at Eight of the Clock in Westminster-Hall concerning the matter of Law Thursday April 15th 1641. Post Merid. Mr. Arthur Capel went up to the Lords with a Message To desire a free Conference by a Committee of both Houses concerning the Proceedings against Thomas Earl of Strafford so soon as it may stand with their Lordships Conveniency Mr. Solicitor Mr. Maynard Mr. Glyn Sir Iohn Culpepper Mr. Pym Mr. Whitlock Mr. Whistler Mr. Stroud As a Committee are to retire presently into the Committee-Chamber to prepare Heads for a Conference concerning the Proceedings against the Earl of Strafford Mr. Maynard Reports from this Committee the Heads of the Conference to be desired with the Lords concerning the Proceedings against the Earl of Strafford to this effect 1. To offer unto their Lordships that it was last night Five of the Clock before this Intimation of their Lordships Intentions to hear the Earl of Strafford's Council came to this House 2. That upon some Conferences heretofore had with their Lordships a saving was made by this House in the Point Whether Counsel should be heard or not and it 's not now time to consider Whether they should depart from this saving 3. Great difficulties to know to what purpose the Counsel shall be heard the Case not being stated agreed on or made when to propound the danger and inconveniencies if his Counsel make a Case and ravel into all our Evidence in such an Auditory and whether to put the Case as it is alledged in the Articles that the Evidence of Fact being given it was in Propositions from the beginning to go by way of Bill and that a Bill is Exhibited here for his Attainder That the Proceedings by way of Bill stands in no way of opposition to those Proceedings that have already been in this business These several Considerations make more difficulty in this House than to come to a sudden and present Resolution Resolved upon the Question That these shall be the Heads of this Conference the Committee appointed to prepare the Heads are likewise appointed to manage and Report the Conference if occasion be Mr. Maynard Reports That the Earl Marshall acquainted them that he had made a Report of what had been delivered by the House of Commons and they had entred into Debate about it and so soon as they had come to a Resolution they would send Answer by Messengers of their own But in the mean time they had put off the hearing of the Earl of Strafford's Counsel for this day Ordered That the House be Resolved into a Committee to debate further the Bill of Attainder of Thomas Earl of Strafford A Message from the Lords by Judge Foster and Mr. Heath That the Lords desire a free Conference by a Committee of both Houses concerning the business of the Proceedings against the Earl of Strafford presently if it may stand with the conveniency of this House in the Painted-Chamber Answer returned by the same Messengers That this House will give a meeting presently as is desired The same Committee that managed the Conference this morning are to manage this and to Report it if occasion be Mr. Fines is added to the Committee if any new matter be propounded by the Lords at this Conference the Committee is to give no Answer unto it but to Report it to the House Mr. Whitlock Reports this Conference That the Lord Say told them That they had taken into Consideration the great business and were not absolutely Resolved how it should proceed that the Earl of Strafford's Counsel should have Notice to attend there to morrow and should not speak to any matter of Fact but to matter of Law only it was afterwards said by another Lord That the time was so short that they had Resolved not to send for him till they heard from this House Friday April 16th 1641. Post Merid. Ordered That the House do first take into Consideration the Report of the Conference with the Lords Yesterday concerning the Proceedings against the Earl of Strafford Resolved upon the Question That it is sufficiently proved that the Earl of Strafford hath endeavoured to subvert the ancient and Fundamental Laws of the Realms of England and Ireland and to introduce Arbitrary and Tyrannical Government against Law Mr. Peard went up to the Lords with a Message to this effect That this House at present is in Debate of a great business and fear they cannot
Answer returned by the same Messengers That this House has taken their Lordships Message into Consideration and is Resolved to give a meeting at the time and place as is appointed Wednesday April 28th 1641. Post Merid. Ordered That Mr. Solicitor St. Iohn have Power to send for such Records as he shall think needful for that Service committed unto him for maintaining the Point of Law in the Case of the Earl of Strafford The same Committee as was formerly appointed to keep the Doors at Westminster-Hall is appointed to keep the Doors again to morrow Mr. Solicitor and Mr. Maynard and Mr. Glyn appointed as Assistants unto him are to sit in the most convenient places in the middle of the lower Rank Mr. Edward Hide went up to the Lords with this Message to acquaint their Lordships That the House hath received such Information as hath moved some Fears in them that the Earl of Strafford may have a design to Escape that he hath Ships at Sea at Command and that the Guards about him are weak therefore to desire their Lordships he may be a close Prisoner and the Guards strengthened Mr. Hide brings this Answer That their Lordships had heretofore given Directions to the Lieutenant of the Tower that he should be close Prisoner and take Care for a stronger Guard and will take it into Examination and give Directions as is desired Friday April 30th 1641. Post Merid. Ordered That Mr. Solicitor be required from this House to bring in a particular Copy of his Argument Yesterday in Westminster-Hall and likewise that Mr. Pym bring him a Copy of the Speeches spoken by him in Westminster-Hall both at the beginning and latter end of the Trial of the Earl of Strafford A Copy of the Paper posted up at the Corner of the Wall of Sir William Bronkard's House in the Old Palace-Yard in Westminster declaring the following Names to be Enemies of Iustice. The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Thomas Danby Sir George Wentworth Sir Peter Wentworth Sir Fred. Conwallis Sir William Carnaby Sir Richard Winn Sir Gervas Cliffton Sir William Withrington Sir William Pennyman Sir Patrick Carwin Sir Richard Lee Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Mr. Pollard Mr. Price Mr. Trevanyon Mr. Ieane Mr. Edgcombe Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Loyd Mr. Herbert Captain Digby Serjeant Hyde Mr. Tayler Mr. Richard Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Doctor Turner Captain Charles Price Doctor Parry a Civilian Mr. Richard Arundel Mr. Newport Mr. Nowell Mr. Chichley Mr. Mallory Mr. Porter Mr. White Secretary to E. D. Mr. Warwick It is a Presumption that these Names were thus Posted up by some of those who came in multitudes to the Parliament House but he that took the List of their Names as Mr. Elsing told the Author was one Mr. W who Served for some Borough in the County of Wilts and who did not afterwards go to the King at Oxford in time of War though his Wife did but he staid in the Parliament to do what friendly Office he could for the King and his Party It is probable he gave a Copy of those Names to some Friends not intending to have the same made Publick in that manner The Name of one Member of the House that was in the List who is omitted in this viz. Sir Iohn Strangwayes who was not then in Town but Sir Iohn after his Return out of Dorsetshire complained that his Name was Posted up amongst others and moved that the business might be Examined how the List came abroad and was made Publick as aforesaid he being then in the Country Wednesday May 5th 1641. Mr. Solicitor is appointed to bring in his Argument he made in Westminster-Hall at the Trial of the Earl of Strafford on Monday last A Message from the Lords by Judge Reeves and Judge Forster That they give this House Thanks for sitting so long that they are still in Debate of the Bill against the Earl of Strafford so that this Night they cannot be ready for a Conference Saturday May 8th 1641. A Message from the Lords by Judge Forster and Judge Heath That the Bill of Attainder of Thomas Earl of Strafford is passed their House without any Alteration or Amendments Ordered That a Message be sent to the Lords to desire a free Conference by a Committee of both Houses concerning the Bill of Attainder of Thomas Earl of Strafford Mr. Hotham is to go up with this Message Mr. Pym is to manage this Conference the substance whereof is That in regard the Peace of the Kingdom doth much consist in the Execution of the Bill of Attainder of Thomas Earl of Strafford to desire their Lordships to move His Majesty as speedily as may be to give His Assent Mr. Hotham brings Answer That the Lords will give a present meeting at a free Conference by a Committee of both Houses as is desired Mr. Pym Reports That he had performed the Command of this House Ordered That this House shall joyn with the Lords to attend His Majesty to appoint a time when He would be pleased to set concerning His Assent to the Bill of Attainder of Thomas Earl of Strafford Mr. Pym brings word That the Lords have sent to His Majesty and this House shall hear from them very speedily A Message from the Lords by Judge Forster and Judge Heath That the Lords appointed by their House attended His Majesty who appointed that both Houses should attend Him at Four of the Clock in the Banqueting-House concerning the Bill of Attainder That they have Passed the Bill concerning the not Dissolving the Parliament Monday May 10th 1641. The Gentleman-Usher of the Black-Rod came to signifie to the House That His Majesties Assent to the Bill of Attainder is now to be given by Commission and that the Lords did expect Mr. Speaker and the House of Commons to come up Articles of the Commons Assembled in Parliament against Thomas Earl of Strafford in Maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21th day of March in the Eighth Year of His Majesties Reign was President of the King's Council in the Northern parts of England That the said Earl being President of the said Council on the 21th 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 limitted to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies 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
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
I say I preferred Mr. Gray and have done for him according to the means I had by the Favour and Goodness of the King perhaps he hath that which is worth 3 or 4 or 500 l. a year by my Gift And this Mr. Gray if I be not mistaken was sometimes Chaplain to a Noble Person that sits on the Earls Bench and if it were material further to enquire of him I might give satisfaction what he is I likewise brought into that Kingdom Mr. Tilson now Bishop of Elphin and sometimes Fellow of University Colledge of Oxford a most Worthy Honest Religious Person he is and those that know him I am sure will give him that Testimony I likewise preferred Dr. Margetson Dean of Christs Church he was of Cambridge and a Worthy man Mr. Forward Dean of Drummore an Oxford man who if he were known would appear worthy of that Preferment Mr. Dean Cressy an Oxford man Mr. Roade Dean of Derry a Cambridge man of Sydney Colledge Dr. Wentworth Dean of Armagh of Oxford Dr. Price Dean of Conaught of Christs Church in Oxford Mr. Thorpe a Cambridge man I preferred likewise one Mr. Parry whom I found in Ireland but all the rest I brought and sent for out of England Nay I sent for them and did those things for them before they did ask the Question or knew of it That being a means under Gods Blessing to conform that Kingdom to the Church of England And these and far greater numbers than these to my best Judgment and Understanding I made use of as Instruments to Gods Glory His true Service and the reducing of the people to the Profession of the same Religion that 's here in England and for no other end But concerning my Carriage of the Trust reposed in me by the King touching these Ecclesiastical Preferments I desire no other Testimony or Witness for me but the Lord Primate of Ireland who is sick and cannot come hither To whom I will Appeal whether I have not in my preferring to the Church Preferments carried my self with all clearness and care I could possibly To the point of increasing of Protestants if Your Lordships please to hear any thing in that kind I shall call my Lord Dillon and Sir Adam Loftus who if they should be asked Whether there be more Protestants in Dublin now than when I first came thither I doubt not but they would give an account of a greater number We Charge him not upon this point so it was set aside My preferring of none but Protestant Officers if I mistook not the Noble Gentleman did acknowledge To the disposing of the Army without Grievance to the Subject I leave that which was spoken with so much Advantage and Ability above any thing that from such a poor man as my self could be expected and proceed to that which was proved observing That one only Testimony was produced viz. Alderman I. who said they have a special Charter at Dublin to exempt them from Billetting of Soldiers But whether it be so or no it hath ever been denyed by the Deputies And by his own Confession the Foot-Companies of my Lord of Faulkland were Billetted in Dublin And whereas it was said they had Lodgings not Money That was altered upon a Composition with the Soldiers who can expect only Lodging but if for the Ease of the Town they will allow the Soldier Money and leave him to provide for himself it is all one For the Horse-Troops My own is and ever since I was there hath been Billetted in Dublin And it is in the power of the Deputy to Garrison part of the King's Army where he pleases and without controversie hath been so at all times And I desire that my Lord Ranulagh may be asked Whether the Soldiers of the Company he hath be not Billetted in Athlone at least some part of it It is true my Lord of Faulkland's Troop was not Billetted in Dublin but they were in the Counties round about which was more chargeable And besides here is produced but one single Witness and I hope my own Answer may stand equal and in as much Credit as a single Testimony that on the matter confesses the thing in a great part For the increase of Shipping the Gentleman question'd it not and really there is now 100 Tun for one that was there before my coming And if I had time to send into Ireland for the Certificates of the Officer of the Ports the Surveyor I think who views the Ports once a year it should appear to Your Lordships that I have not abused you nor the Honourable Gentlemen that hear me And whether that be an Argument that the Trade and Wealth of the Kingdom is improved I appeal to all that hear me when the Shipping doth so much increase And the Customs which were not above 13000 l. a year are come to 40000 l. and that on the same Book of Rates Concerning the Sentencing of Jurors and the questioning of them in the Star-Chamber It is true divers of their Sentences were past And to those Sentences I refer my self till something be proved against the Truth and Justice of them And I think it will stand with Your Lordships Goodness to judge the best of the Court of Castle-Chamber wherein the Deputy hath but one Voice They being the King's Ministers and standing upon their Oathes to do their Duties But I think in my Conscience there was the greatest reason in the World to sentence those persons And when it comes to be examined it will prove so And unless a strict hand be in that kind held upon the Natives the Priests shall carry them against all things that can be For either they do not or will not understand their Evidence so that it begets one of the most crying sins in Ireland And if some Examples have been made they are upon strict grounds and reasons of State For if Jurors going directly and manifestly contrary to their Evidence be not punished that high and ancient Trial by Jury will fall And is it not ordinary in England to have Juries Sentenced for not finding according to the Evidence But if any one hath not been Just upon instancing of the particulars I will Answer for his Vote as well as I can For it must stand or fall according to the Merit of the Cause But one thing which I observe the Gentleman to say is very Considerable for he tells what was spent there this last year This I have little to Answer for For when I came out of Ireland there was 100000 l. in the Exchequer and how it hath been issued I know not but it hath not been done by my Warrant or Direction yet I doubt not but it will appear when examined that it hath been faithfully and justly disposed But I am not to Answer for it only I can say That when I came out of that Kingdom the Kingdom was so far from being 60000 l. in Debt as some
the Nation of them not this or that man are Rebels and Traytors And if it please the King to bring him back to the Sword indeed he is fit for that it is a violent weapon he will root out the Scottish Nation Branch and Root some few excepted of those that had taken the Oath When he comes into England he find that His Majesty with great Wisdom had pacified those Storms and Troubles that threatned us there Yet he doth incense the King still to follow this to an Offensive War and prevails He plots to call a Parliament but with an intention if it furnished not his design it should be broken and he would set up other ways of force to raise Moneys of the Kingdom and this fell out unhappily For thus far his project took the Parliament was broken and broken at the very time when the subject was in debate and consideration how to have yielded Supply to His Majesty But that he might break it he falsly informs the King That the Parliament had denied to Supply him there is his Counsel that the Parliament had forsaken the King and now the King having tryed his People might use all other ways for the procuring and raising of moneys and the same day wherein that Parliament was unhappily Dissolved he gives his further Counsel to His Majesty which because no man can put such a Spirit of Malice into the words besides himself I shall take the boldness to read That having tryed the Affections of his People he was loose and absolved from all Rules of Government and 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 both of God and man And that His Majesty had an Army in Ireland which he might employ to reduce this Kingdom It is added in the printed Book to reduce them to Obedience I know not who Printed it but the Charge is only to reduce this Kingdom And My Lords you may please to consider what a sad time this man took to reflect upon these bad Councels when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament And what doth he advise the King what positions offers he That he was absolved from all Rules of Government If there be no Rule of Government My Lords where is the Rule of Obedience for how shall the People know to obey when there is no Rule to direct them what to obey He tells the King he was refused which was untrue for he was not refused to the last breath we had in Parliament but we spake in that point how to supply the King and to prefer it at that time before the Complaints of our just Grievances But what doth he fall into that which in another Article we charge him with a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion to root out our Laws and Government a pernicious Counsel He says not you shall do it but he that perswades it doth as much as if in express terms he had councelled the acting of it Doth he mean that we should be to his Irish Pattern for speaking of the Irish Army consisting of Papists and his Adherents he said that he would make it a Pattern for all the Kingdoms did he mean to reduce us to the Pattern that he had placed in Ireland Surely he meant to reduce us to a Chaos and Confusion He would have us without all Rules of Government and these be the means wicked and cruel Councels and the Cruelty of an Army inspired with his Spirit and consisting of Papists Enemies of our Religion And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands That cannot but strike all English Hearts with Horrour and Dread that an Irish Army should be brought into England to reduce the Subjects of England I hope we never were so far gone in any thing as that we should need an Army to reduce us I cannot but say here is the Counsel of Haman when he would in one day cut off all the Iewish Nation and have the King intend a Favour to him The King propounds a question What shall be done to the man whom the King will Honour Haman thought in his heart Whom will the King Honour but my self And so my Lord of Strafford having raised this Army it was set up by him and if such a Counsel as this was entertained into whose hands should it be put here were Hamans thoughts who should have the Power of it but he that hath inspired it and since maintained it Truly My Lords it was a desperate Counsel and methinks the Counsel of Achitophel might have been compared to it for when he had stirred up the Rebellion of Absalom against his Father he perswades Absalom to that which might breed an irreconcilable hatred between them Yet a Father and a Son might be reconciled But he that adheres to the Son in this case might not so easily forgive Therefore this Lord falls upon a Counsel which he thought would never be forgiven A Counsel of irreconcilable difference to subdue us by Force and Power and takes away all possibility of Addressing our Complaints to the King as he had done from those of Ireland when he not only forestalls their Complaints but by a Proclamation takes order that none should come over too without his Licence which was in effect that none should complain of his Oppression without his good liking Some violent Speeches he uses suitable to these Counsels That no good would be done upon the Aldermen till they were hanged That the French King employed Commissaries to look into mens Estates which will be insisted upon in their proper place Next he levied eight pence a day for maintenance of the Trained Soldiers against the Will of the Country which he said was done by the consent of the Lords of the great Councel which we know is untrue And we shall prove it untrue in the other part where he says it was done freely by consent of the Gentlemen of the Country Most of them that did consent were his own Friends and Papists But the Petition of the Country as to that part of it that concerns a Parliament he rejected because he would have no Parliament And he prefers another in the name of the Country and that he calls The Petition of the Country And now I shall apply my self to the proofs and shall take care to offer nothing but what will fall out to be proved And shall first apply my self to the first Article concerning the Commission for the North parts where an Arbitrary Power was thereby granted as is used in the Star-Chamber and Chancery In the opening of it first we shall produce the Commission of 8 Car. and that of 13 differs but little from it We shall shew that these Clauses were procured by him to be inserted upon occasion
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
I crave Liberty to explain my self That I said not they were brought to the Council-Table to be judged but that consideration might be had Whether there was ill usage and extortion practised under colour of them or no whether any thing were done that hindred the growth of that Town and the good of the People and the Protestant Religion that it might appear how the business stood in point of State but to give a judgment upon them in Law it was never in my thoughts Robert Lord Dillon being then asked Whether the Charters of Dublin have not been brought before the Council of Ireland there to be considered concerning the Validity of them and whether it did not appear that for divers Occasions Exactions and Tolls and by-Laws and other abuses in the exercise of these Charters they did not appear to the King 's Learned Council and others learned in the Law to be void He Answered That it was a question he did not expect and yet being called he should faithfully and freely tell his knowledge of it to his best remembrance That he doth remember very well that the Charters of Dublin have been brought to the Council-Board and argued strongly against by the Kings Learned Council That there was one particular of 3 d. Custom challenged by the City which endured a very long debate That it was argued against them That they exercised by-Laws contrary to the Common Law of the Land and that divers other things were urged against them but he remembers not the particular determination of the Board upon the question Being asked severally what time those Charters were so brought and how long after my Lord of Strafford's coming into Ireland He Answered That he precisely remembreth not the time but he takes it to be five or six years ago something more or less and he thinks about a year or two after my Lord of Strafford's coming but he remembers not the time not expecting to be Interrogated in it We desire your Lordships to observe That the words were spoken before the Charters were brought to the Council-Board It follows not That because they were questioned at Council-Board afterwards I did not therefore know them to be void when I spoke of them for they were complained of in Parliament as great Grievances in the exercising of them and to that purpose I desire my Lord Dillom may be heard And being asked what he knew concerning the Charters of Dublin being questioned in the Commons House for divers Oppressions unlawful By-Laws and other ill usage of their Liberties He Answered That he was a Member of the first Parliament after my Lords coming into Ireland 1634. After this Visitation of the Mayor some half an year but he knows not the time precisely That divers Members of that House did object divers Misdemeanors in misâ—sing the Priviledges of those Charters That the particulars were several By-Laws which they did execute contrary to the Common Law Another was that by the Priviledge of those Charters they excluded divers of the Tradesmen that came out of England to set up Manufactures there which was conceived a great Grievance to that Kingdom Another was that having the Government of that Town being a Navigable Port they permitted the Soil to be emptied into the River without care or regard That at the time of the Presentment of the Mayor my Lord took occasion to advise and advertise the Mayor of several Defects in that Town and divers of the Commons House of that Parliament are here that were present Hence observe the Reason and Grounds of my Exception to these Charters and the Effects of questioning them which were two First By this means I am perswaded and thereof I beseech the Honourable House of Commons to take notice as that which is reputed my greatest Crime in Ireland there be three Protestants in Dublin at this hour for one that was there when I came over for the Townsmen did keep all the Trade and ingross all the Manufactures into their own hands and being Natives and Romish Catholicks did depress the English that strangers out of England had little advantage of Trade And whatsoever any man may say or think on Information from persons that do not love me who are Members of neither House for so I desire to be understood when I speak of persons unfriendly to me I complain of nothing that is or shall be done me here but will leave it all with thankfulness to God Almighty and with that Duty and Reverence to this House that becomes me It will be known hereafter when I perhaps am in my Grave that my greatest fault in Ireland hath been my extream Zeal to bring them to conform with the Church of England which by that means hath provoked a great deal of Displeasure And secondly I observe That this argues no great malice in my heart nor desire to oppress the King's People when I shall tell your Lordships That to this day those Charters were never legally questioned but are enjoyed So far was I from pressing rigorously any thing against them I desiring nothing but Reformation and to have them what they ought to be and to leave them not less but more happy than I found them And if I should serve there again as I hope I shall serve only God Almighty and my Master with my prayers they should be freed from all exactions and misusings of them tending to the prejudice of the Town the King's Service and the Service of Almighty God And so I hope I have made a clear Answer to so much as was charged to free my self from guilt of Treason reserving to my self the advantage of having my Counsel heard in proper time to the matter of Treason in point of Law according to the liberty your Lordships have afforded me Next I shall proceed to that which is proved and no way charged which I forbore to speak to the day before as holding it an impertinent expence of time to your Lordships and a spending of my own spirits which God knows are weak and infirm indeed If I were permitted to speak this morning to all the things extrajudicially formerly offered I should give a free and clear Answer But suffering by my Ignorance and silence then I now desire leave to Answer those things that came de Novo and that by three Witnesses touching words spoken at another time to both Houses of Parliament I confess it to be true that the second day of the last Parliament but this that is now sitting I had the Honour to sit as His Majesties Deputy and it was the greatest Honour that ever I received and I should be loath to say any thing sitting in that Place that should not fully comply with the Goodness Clemency and Justice of His Majesty or should mis-represent Him in any kind to his People in another sense or to other purpose than his own Great and Princely Vertues do Merit and Deserve And that all
I said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted
Lord Robert Digby being asked Whether at the Parliament at Dablin or any other time he ever heard my Lord of Strafford speak those words He Answered That he never did that he doth not know whether he was present at that time or no that he did diligently wait but doth not remember the words nor occasion but he thinks he was not present Your Lordships have heard my Lord of Strafford's Defence with much patience That he hath said nothing that takes off the Charge but some things that aggravate it That he would answer the Particulars as his Lordship had propounded them And first he observed That his Lordship denies not the words Charged which makes greater way for proof of them He informs of the ill Fortune of other Governors that one was Attainted and the Informations afterwards retracted that my Lord of Faulkland was complained of yet a Noble and good Governor against whom or any Deputy we can say nothing But what is this for my Lord Strafford to say Others were questioned therefore he is Innocent These were complaints of particular men This against my Lord of Strafford is the complaint of all the Commons of England It is said here is no Treason in this Article no Argument of Treason but the Commons never pressed these words singly and dividedly to be Treason but take all together they discover that Disposition that Counsel that Resolution that my Lord of Strafford had taken on him the ruine and subversion of the Common Law in both Kingdoms It is said an Answer is put in and no Replication It is true in other Courts if you go on Bill and Answer the Answer is taken pro Confesso but the Commons desire not to bind up my Lord of Strafford with Formalities but by the substance of their Charge they have averred their Charge which is as much as a denial of his Answer To there being another Government in Ireland than in England my Lord himself spoke of it by himself but he thinks it will not be material to this purpose for whatsoever it is some Government there is but the Speech of my Lord tends to take away all Laws for they must expect Laws as from a Conqueror in that Limitation For his referring it to the time taking it in the sense that the then Conqueror might do what he pleased that 's true and justifiable But that is to suppose the words otherwise than they are being spoken not of the Kings that were before but of His Majesty that now is My Lord would make an Argument his words were well accepted because Mr. Slingsby heard nothing to the contrary the words had much Acrimony and Sharpness and we dare not believe the Mayor of Dublin durst tell my Lord of Strafford so or forbear any Complement to him though he had been displeased with him But if that be material the Witnesses that have proved the words will tell Your Lordships it was resented with a great deal of Grief and Sorrow in all the hearers His Lordship justifies what was spoken of the Charters on these grounds First That the Witness said they were Antiquated Charters and therefore did not bind whereas it was a scornful Epithite their Antiquated and Worm-eaten Charters did not bind It is said they were void through negligences questioned at Council-Table complained of in Parliament But they must take the words to pieces not altogether Had he spoken of the Charters alone that they were void Charters it were no crime no indiscretion But take it with the occasion and connexion it admits of no such mitigation or interpretation He tells them they are a conquered Nation and they must expect Laws as from a Conqueror And they are a conquered Nation and their Charters are no further good than the King pleases It is said It is strict to answer presently what may be objected and the Examinations are extrajudicial we doubt not but Your Lordships will justifie-our Proceedings nor is there any strictness in them for if a man be questioned of a Crime and several Evidences be brought to make up this Crime some concurrent some precedent they will be allowed of in other Courts It being never used to set forth in a Charge all circumstances of Proof The main is produced and this is an Evidence to prove that and it is within the Charge for there is a Charge that he corrupts the Laws and Government Then my Lord produces divers Witnesses who speak in a different sense Sir Robert King heard nothing another that he remembers nothing and if he remembers nothing it may as well be said of the rest That there might be something they did not hear or remember for they speak no more but they did not remember There may be something they forgot as well as another forget all My Lord Ranulagh says He remembers the first words and something as spoken of the second but he cannot tell how far So that there is rather a doubt that something was spoken to that purpose than otherwise The Lord Digby was not present Sir George Wentworth remembers not the words he hath a Copy of the Speech and is confident the words were not spoken But they were not spoken in the first Speech whereof there was a Copy when the Petition for the Laws was delivered And this is an Aggravation against my Lord of Strafford that by his own shewing there was an Exception taken when he spoke in a milder sense and to advance His Majesties Government it had an ill impression and was taken notice of and the Exception delivered to himself Now if after Exception taken to a Speech delivered in Parliament cloathed with so much mildness he in the same Parliament as soon as Subsidies are granted shall tell them they are a conquered Nation and shall not have Graces but such Laws as the King will give them This puts the Offence in higher terms than before so far are they from mitigation of the Offence We desire Witnesses may be heard concerning the circumstance of time Mr. Fitzgarret produced and Sworn Was asked whether he knew of a Petition delivered to the Earl of Strafford by the Commons concerning the Laws and how in time it followed the publick Speech at the beginning of the Parliament and what Answer was given to it He Answered That he was then a Member of the Commons House and present when the Petition was delivered But after the House of Commons had given the King six Subsidies the House of Commons entred into consideration of Petitioning for such things as were necessary and expedient for the Common-wealth as they thought this Petition was preferred to the Lord Deputy a good space of time after the Subsidies were granted and Advertisement sent to England of the good service done in obtaining those Subsidies from the House of Commons That he remembers not any part of the Answer given There was an Answer given in Writing either at Council-Table or in full Parliament from the House of
the Subject and yet they go on hand in hand and long may they do so long may they go in that Agreement and Harmony which they should have done hitherto and I trust shall be to the last not rising one above another in any kind but kept in their own wonted Channels For if they rise above these heights the one or the other they tear the Banks and overflow the fair Meads equally on one side and other And therefore I do and did allow and ever shall for my part desire they may be kept at that Agreement and perfect Harmony one with another that they may each watch for and not any way watch over the other And therefore this being a Care of the Prerogative as long as it goes not against the Common Law of the Land it is the Law of the Land and binds as long as it transgresses not the Fundamental Law of the Land being made provisionally for preventing of a Temporary Mischief before an Act of Parliament can give a Remedy And this Condition must be implyed That it must be binding provided it be according to the Law of the Land I instance in that Exception that King Iames would take when a man saies he will do a thing as far as he may with Conscience and Honour because in Persons of Conscience and Honour those words are always implied That the Wisdom of our Ancestors hath prevented this Mischief That for a mis-word a Peer of England should lose his Priviledge being as great as any Subjects that live under a King that is not a free Prince of the Empire And the Preamble of a Statute in Queen Elizabeths time the very bent whereof is to take away the dawning of words without any further Act which Preamble was read to their Lordships And so I conclude the words were unwisely spoken because they may be brought to a hard sense but not Criminal for none of them swear any thing done in breach of the Law I except against my Lord Kilmallock's swearing Sir George Ratcliffe to be my Eccho as if he knew my thoughts and against Mr. Hoy as a party concerned in Interest though not in name in a Suit that is or will be brought against me before your Lordships come to the end of the Charge I confess Mr. Waldron's Testimony makes me stagger being the only person could make me believe I said the words I except against Sir Pierce Crosbies Testimony having been formerly Sentenced in Star-Chamber and I know what Sir Pierce Crosby swore there and that I never Communed with him so far as to have such a Discourse as is mentioned in all my life To the Suit in the Castle-Chamber against the Earl of Corke on pretence of breaking an Order of Council-Table I conceive it had relation to an Order made in King Iames his time 20. March 11 Iac. which I desire may be read being now produced as also the Information there exhibited that so I may justifie my Answer in that point of it That the Suit was not upon that Act alone but for other matters also but that was admitted by the Committee And so the reading of them was waved To that Point of Mr. Waldron's Testimony touching the offering of a Lease to the Person concerned rendring the half value I conceive this Circumstance qualifies the words it being according to Law To demonstrate which the Statue was read That no Lease shall be granted upon which less is reserved to the Lessor during 21 years then the moiety of the Lands value And so his Lordship concluded his Defence and the Manager made Reply in substance as followeth That this Article proves my Lord of Strafford's Intention to subvert the Laws That the long time spent in maintaining the Jurisdiction of the Council-Board is the least part of the Article That though these words singly be admitted not to be Treason yet several words and actions must prove the general Charge of his endeavouring to subvert the Laws To the several Provisoes in that Act of Parliament mentioned by my Lord of Strafford concerning words we observe That the words Charged are only matter of Evidence to his general Intention of subverting the Laws And whereas he says they are not charged in time the Commons bring this as done long ago and continuing to this day if he were not prevented so they take him Flagrante Crimine To the Practise of the Council-Table before his time his Witnesses have proved their proceedings in Cases of the Church and Plantations But in other Cases we deny it for it is contrary to Law That admitting the extent given by the Instructions to Church-Causes though the Proclamation hath no such exception Yet it comes not to the Case of my Lord of Cork who claimed the thing in question as a Lay-Impropriation derived to the Crown by the Statute of Dissolution That my Lord of Strafford makes this Government Arbitrary in threatening the Earl of Cork to lay him by the heels if he went to Law whereas the Order gave him liberty That the Original Order in my Lord of Corke's Cause was drawn with these words put out concerning Gwyn's giving Security and that justifies my Lord of Cork's Testimony That notwithstanding my Lord of Strafford's justification of his words That neither Law nor Lawyers should question his Orders This is to assume an Arbitrary Power for if his Orders be legal the Law must justifie them if not question them That the words Of making an Act of State equal to an Act of Parliament are proved by my Lord of Corke and those spoken are a confirmation of those before and expresly within the Article The latter point thereof recites that he spake the words at other times This altogether justifie my Lord of Corke's Testimony though a single Witness and prove that my Lord of Strafford hath made it a habit to speak such words That they have one Witness more and that is my Lord of Strafford himself who says He never spake any thing but truth and said That he would make an Act of State equal to an Act of Parliament We desire that for the taking off the Aspersion cast on Sir Pierce Crosby my Lord of Castlehaven may be examined touching the words alledged to be spoken in his presence The Earl of Castlehaven being sworn and examined touching the said words Answered That it is a business past long ago and but a Table-discourse and he took not much notice of the Circumstances But as he remembers there fell a difference between my Lord of Strafford and Sir Pierce Crosby within three or four months after my Lords coming over and that as well as he can remember my Lord of Strafford did say That an Act of State was equal to an Act of Parliament but he remembers not the occasion That the Justice of the Order in my Lord of Corke's Cause is not material or whether within the Jurisdiction of the Council-Table the Charge being That upon such
Tobacco and he hath known in his little poor experience many Monopolies overthrown by sentence of the Commons House but under favour never heard it to be judged Treason before this time For the Port of Kinsale it is the Port wherein in a manner all the Tobacco of the Kingdom comes to be Landed and thence transported again and that the value of the Tobacco is worth 100000 l. is but an estimate and no Consideration herein had of the price the Customes the Losses and Charges and the Remonstrance of the Commons is only that they conceive it to be so And this is all the Testimony to the value And so his Lordship concluded his Defence And Mr. Maynard made Reply in substance as followeth And First he observed That whereas it was said the Orders of the Commons House were Rigid indeed Tyrannical when they be heard there 's no such thing in them they appoint two of my Lord of Strafford's Agents at least one of them is his Agent and the other Patentee to account the Money That they shall only bring in a List without taking away the Books or any thing conducing to his defence That he knows not for what purpose my Lord of Strafford objected the Lease 10 Iac. for that concerned imposition on Tobacco but the question here is That none must sell Tobacco without Licence of the Patentee Here my Lord of Strafford interposed That any man that will pay Imposition and Custome may bring in what Tobacco he pleases But Mr. Maynard answers That that 's more than the Tobacco is worth and if the Patentees may sell without Imposition and Custome at their own Prizes they are 2 s. a pound before any man Mr. Maynard proceeded to answer That of the Commons petitioning for regulating the King's Debts and observed That it was only that the Incumbrances on the Kings Revenue might be taken off and this is no ground that the Subject must not have his Goods because the Kings debts must be regulated nor a good service done His Majesty that when the Commons shall desire something may be done therefore this is an Argument and Justification that any thing may be done this being to stop the issues of the affections of the Kings people when what they propound shall be so far beyond their Intention besides some have been whipp'd Pillory'd and Was that the Intention of the Commons House to put such Severity pardon him if he say Cruelty upon the Subject That the Letter from His Majesty was on a Misinformation for it sayes His Majesty is given to understand the Preemption of Tobacco may be rightfully assumed Yet the known Law in England or Ireland being that any preemption may be put upon a Commodity to take it from the Subject so they have the more to answer for it that did inform it and if the Question be Who Surely out of my Lord of Straffords own Defence he himself appears to be the Man for he makes the Proposition of the Commons-House the ground of his Proceeding So it was an Arrow out of his Quiver Besides though it was to be assumed to His Majesty yet the Question is Who had the Profit the King had little in proportion to what hath been raised For the Proclamation March 13 Car. Whereas my Lord makes that in England the Example of that Issued in Ireland if that which follows may be an Example to that which goes before it may be true But the Proclamation in Ireland was in Ianuary and the Proclamation here is in March the same year Therefore that 's a great Mistake Besides if there be a Monopoly set up in England Shall that Justifie another A Crime being aggravated when it becomes an Example for when they go to the other one strengthens another and there is more Mischief to the Common-wealth And in Parliament they must be bold to say when Ill Ministers shall take on them to Vouch the Sacred Names of His Majesty to Justifie a Monopoly His Majesty is Innocent but they liable to great Punishment and the more Punishable because they Justifie it under such a Colour As to the Advertisement of it hither by the Deputy and Counsel Shall their Advertisement of what was done Unjustly make it Just Besides my Lord of Strafford takes on him the Encouragement of the Contracts for there is one Proposition that in case we remove they may have liberty to surrender their Patents which is a strong relish of my Lord of Strafford For else Why should they desire no longer to continue the Grant then they may have his Protection to Whip and Pillory Men And the truth is he is the sole Man that hath the Benefit of it and the rest are his Servants And they will desire M r Little may be examined to that point by and by He added That his Lordship had a Weak Defence else he would not have fled to such a Buckler as an Act of Parliament certified from Sir Christopher Wainsford the Deputy of Ireland that he thinks it fit to pass who was one of them that Acted at the Councel-Table so far as his part came but it was never propounded to either of the Houses And where my Lord sayes A Proclamation may be made till an Act of Parliament make it more lasting Mr. Maynard said Yet he hoped by no Law in England a Proclamation may take away the Goods of the Subject That there is a Right in Proclamation he will never speak against but it is no Temporary Law to raise a Monopoly And whereas he sayes Tobacco yields no where so good a Value as in Ireland that 's nothing to the Point of Buying that when the Subject may have 2 Shillings my Lord of Straffords Agents shall have it for 6 d and sell it again for 2 or 3 Shillings My Lord sayes The Contractors are out of Purse 6000 l. and 't is but said And that will not abate the Testimony For Kinsale the Witness being an understanding Man says That in that one Port there comes in 200 Tun and whereas it is said There comes none in a Manner in any other Port Why then hath my Lord Five Magazines of Tobacco at several places Nothing is offered by way of Defence And he that shall Justifie such things by the Commands he hath produced doth exceedingly Justifie our Complaint in that Point for were it not that by Misinformation the Subject is left Remediless at Law he might be holpen there but when my Lord of Strafford and other Great Officers there shall use the King's Name That 's our Trouble therefore their Profit And therefore though my Lord makes light of it it will come heavy at the last and is a great breach on the Property of the Subject Soleemption may be made of all things else Mr. Glyn desiring to add a Word observed That Two things my Lord of Strafford mainly insists on to Justifie his Actions First That the House of Commons desired the Revenue might be unfettered by taking
That we were sent for by my Lord Deputy Wainsford and he put us as we conceived them several catching Questions as If they had not my Lord Deputies Licence and the Boards Whether they would repair to England or no We Answered That in obedience to the House of Commons we did intend to repair to England No sayes my Lord Deputy Answer me Catagorically Would you go or no If we would Command you not to go to this we Answered No being between two Jurisdictions both from His Majesty for we had a Command from the House of Commons and a Counter-Command from His Majesty and we were denied Licence and a restraint of Ships for that cause they conceived to restrain them Being asked whether the Deputy did know the House of Commons had ordered them to come over and yet refused He answered the Lord Deputy did know it it was apparently known to all the Kingdom Mr. Fitz-gerard being examined to the same points as Sir Robert Linch He Answered That after the the Session of Parliament 1 Octob. last and the House of Commons had travelled till the 6 Nov. in the affairs of the Kingdom the grand Committee had heard and discussed many grievances general and particular and voted them to the House That about the beginning of Nov. the House entred into consideration of those grievances and drew up a Petition of Remonstrances to be presented to the Lord Deputy which was voted in the House of Commons 7 Nov. 9 Nov. the whole House attended with the Speaker and the Speaker read it publiquely before him The grievances were of that nature that they did Humbly and of Right as he remembers petition for redress of those grievances that the House conceiving the Parliament would be Prorogued or Dissolved before Redress was given they entred into consideration of a course to present it to His Majesty And 11 Nov. made an Order that the Committee should be appointed to repair to England with a Caution That if Redress should not be had before Dissolution or Prorogation of the Parliament that Committee should not proceed 12 Nov. it was Prorogued without Redress that the next day after Prorogation the Committee was summoned to attend at the Board and there was interrogated severally on a question as far as he can remember viz. Of their intention to go into England whether they would aske leave to go into England and admitting my Lord Deputy should command them not to goe till His Majesties pleasure was known whether they would go To all they were severally to answer and Catagorically this was my Lord Deputies word after Answer given they were ordered to withdraw and being called in again it was made known by the Lord Deputy Wainsford That he and the Lords had considered the whole matter and bade them take notice there was a Proclamation restraining all the Subjects of Ireland to make repair to England till application was made to the Deputy That he engaged them in Allegiance not to depart till he the Lord Deputy had known His Majesties pleasure whether they should goe or no which he would labour to know speedily The next thing Mr. Palmer offered was the Irish Remonstrance which was read To the Right Honourable the Lord Deputy The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament THe Petitioners do conceive great and strong fears of a Proclamation published in this Kingdom Anno 1635. Prohibiting men of Quality or Estate to depart this Kingdom without the Lord Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to His said Majesty and Privy Council of England to obtain remedies against their just grievances as their Ancestors have had since the Reign of H. 2. and great Fees exacted for the said Licences And so Mr. Palmer summed up the Evidence That by the Proposition made before my Lord Deputies going over it appeared what was intended That no complaints of oppression should be made without address First to the Deputy and what followed declares plainly the execution of it That notwithstanding the injustice and oppression done complaints could not be received By the former Article their Lordships have heard what he did there and the great causes of complaint After in time is the Proclamation their Lordships see the use made of it that those who had made complaints against my Lord himself and his Orders were refused to have Licence some that adventured to come without Licence were Fined and Imprisoned to their utter ruine The whole Parliament when the Order was well known were refused to have Licence it is true not by my Lord of Strafford but the Deputy who coloured his denial from these Acts of my Lord of Strafford what fears they had their Lordships may apprehend by the Remonstrance My Lord of Strafford assumed a great power to himself all Addresses being first made to him and the Subject thereby excluded from His Majesty till such address was made so that his Lordship is not Par negotio but Supra above all the authority committed to him not an Accessary but Principal not in the nature of a Subject but Domini and so he expected his Lordships Answer My Lord of Strafford after a little time of recollecting himself began his Defence in substance as followeth That he should only apply himself to the things in charge as near as he could and give the fairest Answer he could where by the way he alledged That he might very justifiably say he had never in his life other thoughts or intentions before his going into Ireland or during his abode there but justly and faithfully in the service of His Majesty and the Kingdom nor did he ever desire or intend any thing so much as to introduce the English Laws and Government there And whereas he is charged with a subversion of the fundamental Laws he may say he thinks with Truth and Modesty that the Laws had never so free a passage that never any Deputy gave less interruption to the proceedings of the Law than it had during all his time That it did not appear by all that hath been said that there was any stay of legal proceedings for all the Causes spoken of him came originally and primarily before they depended in any other Court and that he never hindred but gave all furtherance to the passage of the Common-Law and therefore if their Lordships find as they cannot but expect from him much Error and mistakes he besought them out of their Goodness and Nobleness to apply it rather to his Infirmity and Weakness than to any habit of ill he had got as he trusts he should make appear to their Lordships The Charge is to have procured with an intent of oppression a stop of all complaints of Injustice that none might be received in England unless it appeared That the party did make his address to him To prove this the Gentlemen have read a Proposition of his made
this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. Bound to his Good Behaviour stand Committed to the Castle during the Deputies pleasure and make acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read Whence my Lord of Strafford observed That he was not Sentenced for going without Licence but for other Causes and desired my Lord Dillon and Sir Adam Loftus whose hands are to the Decree0 might be Asked a Question or two And first to the business of my Lord of Esmond which had been forgot before Robert Lord Dillon being asked Whether he remembred any Charge laid against my Lord of Esmond for a practice against Sir Walsingham Coke whereupon being Examined And When it was He Answered That he remembred it was about that time when a Letter was written from the Judges of Assize that went the Circuit of the County of Wexford and they Reported That they had taken Examinations Whereupon it was mistrusted or at least suggested That my Lord of Esmond was to set some on to cut off Sir Walsingham Coke and this being taken into consideration it was resolved That till the Judges had determined Whether it was Treason or not he should be stayed for a time and as he takes it it was Resolved he should be Advertised into England Being Asked on Mr. Maynards Motion What time this was He Answered The Question is sudden to him but it was much about the time that my Lord of Esmond had been in Town before but he cannot expresly speak to the time But my Lord of Strafford observed That the Complaint came from the Judges of Assize when they came from the Circuit and that was alwayes about August Lord Dillon being Asked What year it was He Answered He cannot tell the year of the Lord in Terms but he remembers it was much about that time when my Lord of Esmond was Questioned and about Summer Circuit My Lord of Strafford proposing That my Lord Dillon might be Asked What he remembred of the Sentence against Parry and What his behaviour was To this Mr. Maynard excepted as not proper to Examine the Judge Whether his Sentence was just or no To which my Lord of Strafford Answered That it is as equal the Judge that gives Sentence should be Examined as the party against whom the Sentence is given That this is a Sentence for things spoken and done at the Board which stands not on such Niceties but Contempts and Misdemeanors to a Court are frequently determined without Examination of Witnesses and this is a Misdemeanor done in the place But my Lord Dillon being spared from Answering Sir Adam Loftus was Examined What he knew of that practice of my Lord of Esmond against Sir Walsingham Cokes Life And when He Answered That the first time he heard of it was upon an Information of the Judges of the Circuit to my Lord Deputy then in Ireland as he takes it and he thinks my Lord was not then in Town but sent that Information to the Council at Dublin his Lordship being then at his Countrey-house and therein some Practice against Sir Walsingham Coke of certain Rebels and Outlawes that had laid in Ambush near his house was set forth and thereupon that Letter was sent to the Council to Consider of it and take course for his Security That this was not all neither for the Examination of a Rebel in the Castle brought it home nearest to my Lord of Esmonds Case But because the Rebel was a Man of that condition it was not thought his Testimony could be prevalent against my Lord of Esmond therefore the other Witnesses were sent for to be Examined in the Cause Now this Course of Examination held a matter of three weeks or a month or thereabouts he doth not well know the time but these Men not concurring with the Testimony of the Rebel in Restraint there was no words made of it but my Lord of Esmond was dismissed and left to take his own Course The time was as he takes it in the Summer Assizes 1637 or 1638 he knows not which And this is the truth and all he knows of the business Whence my Lord of Strafford Inferred That being under that Charge of Sergeant-Major-General of the Army he denyed him liberty to go into England but as soon as he was clear he had his Licence Mr. Maynard desiring their Lordships to observe that my Lord of Strafford Explained himself thus That he thought so or very shortly after And added That the Gentleman is very quick with him being a Man of great understanding and himself a weak Man But that he means very justly and would not be taken in an Untruth and said That he hath a Servant that was with him when my Lord of Esmonds Agent came to him at his House in the Countrey And desired he might be Asked What Answer he gave him Francis Wetheringe being Asked VVhat he knew concerning my Lord of Straffords giving of Licence to my Lord of Esmond He Answered That he remembers very well that the Gentlemen were Examined before they came to Fairework-Parke while he was waiting on his Lordship at that time the Gentleman came to him and desired him to tell my Lord he would speak with him that he heard my Lord say It was concerning his Licence to repair to England and my Lord said He should have it but it was Winter time and he would let it alone till the Spring Being Asked What Month it was He Answered He could not very well remember but it was the latter end of Summer as he thought Mr. Ralton being Asked Whether the business of my Lord of Esmond and Sir Walsingham Coke were not Advertized over hither He Answered That he doth very well remember the business he being then Agent for my Lord Lieutenant That in one of his Letters or the Councils Advertisement was given of this practice against Sir Walsingham Coke and as he takes it was in Sept. 1638. or thereabouts and that my Lord was pleased to do him the said Mr. Ralton the favour to give him some passages of it Therefore my Lord of Strafford desired These things might not stick with their Lordships or the House of Commons to his prejudice when he had not Means nor Possibility to make his Defence but that in Charity they would reserve their Opinions till they sound the truth to the bottom and then he hoped he should appear an honest Man and that was all he pretended to For the Remonstrance of the House of Commons in Ireland it is no Evidence
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
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
their coming up to give Reasons of their Demands That the Scotch Subjects had made in Parliament This being the State of the Question and the Kings Majesty gratiously condescending that some of their own Members should come up to represent their own Demands It was put to the Question What should be done And this was the Conclusion to his Memory there being no Clerk nor Register there wherein my Lord of Strafford was no more involved then the rest that if these Commissioners should not at their coming up give good satisfaction touching their Demands the Council would be assistant to His Majesty to put Him into a Posture of Warr to reduce them to their Obedience He will not say these very words were reported again to my Lords at York but the Sence and way of them was My Lord Digby did here desire leave of their Lordships to represent something on Consideration of that which was last in Question touching the Witnesses helping themselves by their former Examinations He did forbear it before in regard he saw this Honorable Lord for his own particular did not insist on it But for the future he thought it very necessary to represent it to their Lordships as a thing not only much concerning the validity of the Proofs but likewise very much conducing to the honour of many of their Lordships here and concerning the validity of their Proofs he shall humbly offer this to their Lordships That this noble Lord was often pleased to say That he hoped he should not be tied to Words Now their Lordships may be pleased to consider the Charges of the present Articles are consisting principally of Words to say he shall not be tied to Words is as much as to say he shall not be tied to the Question And this he offered only concerning the validity of the Proofs But concerning the honor of some Noble Lords that sit here he confesses he is very zealous in that when he thinks of it that diverse of them have been Examined formerly upon Oath and upon Oath set down without great Leasure and Recollection of the truth of things and now whether so many Months after being called again suddenly on Oath to give account of these Words the best memory may not be subject to variance and discrepancie and may not forget some prejudice and disadvantage to those noble Lords honor he humbly submits to their Lordships And Mr. Glyn added That this Noble Lord hath prevented him My Lord of Traquair hath not vary'd from his Examinations in substance but if he had under favour they must stand upon his Examinations and it is Legal and Just and Ordinary and never a Judge in England will deny it that if a Witness be examined and varies his Examinations shall be read to his face and it is no prejudice for the party is ready to explain himself And he said he was about the offering it and now must offer it according to the trust reposed in him by the House of Commons that if it stand with their Occasions the Examinations may be read and under favour they may To this my Lord of Strafford Answered That here is a Question now stirred that hath been hitherto denied for he could leave out any Examinations taken and certainly as he conceives it was never intended that these Examinations should be made use of They were preparatory and no other And by this learned Gentlemans leave whereas he speaks of the manner of proceedings on Tryals of ordinary Felonies he the Defendant hath seen some of them and in all particulars where the Witness hath been viva voce he never heard Examinations Read But Mr. Glyn averred what he said before That if there be Examinations taken of a Felon at Common Law and the Witness comes viva voce and the Kings Council takes advantage they do Read the Examinations taken And here the Lord Steward declared That it is not denyed to any to recollect himself My Lord Traquair thereupon further alledged That this was the first time he was ever Examined upon Oath and if he hath been occasion of any Scruple he desired Pardon but it was long since he was Examined and he could not see his Depositions and lest he should have erred in his Words he desired this favour Mr. Whitlock further added That they must affirm this to be the ordinary and constant practice and if their Lordships doubt it it shall be made good and he hopes the Commons of England shall not be in worse Case then an ordinary Prosecutor And then offered the Deposition of my Lord Morton he being taken ill at that time to this Point By which means my Lord of Strafford observed himself to be debarred of Cross-Examining him And Mr. Whitlock Answered And so is every Prisoner in the like Case Yet my Lord of Strafford desired He might reserve to himself the benefit of Cross-examining him if he should see Cause But Mr. Whitlock said That under favour in this Case no Prisoner hath benefit of Cross-Examination where Examinations are read at Tryal And Mr. Glyn added That he perceived by my Lord of Strafford that he expected notice what Witnesses they were ready to produce and his Lordship knew what Witnesses will be necessary for his Defence and should be careful of them But Mr. Glyn said further That he thought never any Prisoner expected to know from the Prosecutor what Witnesses would be produced against him My Lord of Strafford confest he might easily mistake for never did so ignorant a Man in their Proceedings stand at the Bar But he conceived that if the other party do examine it stands with Reason they should give him notice of it else he cannot possibly Cross-Examine Mr. Whitlock thereunto replyed That their Examinations are taken preparatorily and it is according to Course of Law That if any Witnesses die or be necessarily absent their Examinations be used at the Tryal Yet my Lord of Strafford said He takes it That if these be those they call preparatory Examinations they ought not to be read but by an Order of the House So my Lord Steward put an end to this matter saying That if it can be the Witnesses by the Order of the House shall be Examined viva voce if not upon Faith made the Examinations are to be heard And then they proceeded to Read the Examinations of the Earl of Morton taken 23 Ianuary 1640. by vertue of and according to a Commission under the Great Seal of England issued in Parliament and dated 11 Ian. 1640. To the 103. Interrogatory This Examinant saith That he was present at York the Night before the meeting of the Great Council of the Peers of England then at a Debate before His Majesty touching the ground of that War against the Scots 104. He saith That at or in the said Debate he heard the Earl of Strafford in His Majesties presence say
Interrogated What he heard Sir George Ratcliffe speak concerning the Kings levying Money by force or to that purpose He Answered That the words he is to inform their Lordships of and on which he was formerly examined proceeded from Sir George Ratcliffe not to him privately and only but they were spoken in a Council of War when they were assembled together upon that service My Lord-Lieutenant arrived in Ireland in March was 12 Months and after his Lordship had spent some days in Ireland within which time he the Deponent with others were commanded to attend at a Council of War departed that Kingdom leaving direction behind him how this affair should be proceeded in in his Lordships absence and as he takes it in the beginning of April my Lord departed out of Ireland and not long after they being assembled in a Council of War there was occasion to speak of all preparations that should be for the raising of an Army of 8000 Foot and Provision for transportation of 1000 Horse which was the Army of Ireland at that time In these discourses they found there was a great deal of Treasure to be consumed and much Money required to supply the occasion It was computed and he thinks Sir George Ratcliffe had a privy hand in the computing of it how much charge would maintain the Army for a year and to the best of his remembrance it was computed at 270000 l. and odd which gave them occasion considering the Army to be transported out of Ireland was but in proportion â…“ of what was prepared in England to speak of the Charge that must be raised in England according to that proportion And they finding it to amount to so great a sum it fell into question how the King should be supplyed with Money for so great expence of Treasure if he were not supplyed by Parliament Sir George Ratcliffe Answered The King hath his Sword by his side and 30000 men at command and if he want money let no man pity him It was thereupon replyed and as he the Deponent takes it by himself how can Money be raised when the Scotch Army is on foot and so strong Sir George Answered We can make peace with the Scots when we list but that is the worst of evils and this is in substance as much as the Deponent can remember Whence Mr. Whitlock observed That their Lordships heard what passed from Sir George Ratcliffe in Words and Counsels and that their Lordships knew the nearness and relation between Sir George Ratcliffe and my Lord of Strafford and this was after direction was left for raising the Army and when my Lord of Strafford was come away himself it seems he had left his directions with Sir George Ratcliffe as it will appear by my Lords own words concurring with these And Mr. Maynard desired their Lordships to take notice of these words We can make peace with the Scots when we will it was not Sir George Ratcliffe alone Sir Tho. Barrington being Sworn and Interrogated what words passed from Sir George Wentworth to him About Englands being sick of peace c at what time it was and on what occasion He Answered That immediately after the last Parliament Sir George Wentworth had accidentally a discourse with him being a Gentleman with whom he the Deponent never had intercourse or interlocution before that time On some discourse betwixt them concerning the former Parliament in the close of his discourse he was pleased to express himself thus This Commonwealth is sick of Peace and will not be well till it be conquered again The application of these words he the Deponent said he must leave to their Lordships better Judgements he not being able to decide it And to the occasion according to the truth which shall be ever present with him he the Deponent said he would deliver it cleerly They had some occasion to discourse of the former Parliament and speaking now on his oath he must express that which otherwise he should not being the words of a private discourse which in the course of his life he hath ever avoided especially in the Case of a Gentleman They were in discourse of the former Parliament and the carriage of that and Sir George Wentworth was of one opinion and he the Deponent of another Sir George expressed himself in this sence That he conceived the Parliament had no intention to give the King Money he the Deponent said That if the Kings Majesty had pleased they had sate awhile together they had supplied him And on the close that expression fell from him that which he the Deponent said he shall not not need to repeat Sir Robert King being Interrogated what sense and apprehension was in my Lord Ranalaugh on the words that fell from Sir George Ratcliffe at the Council-Board He Answered That my Lord Ranalaugh did conceive there was an intention to take Money forcibly in England and was much troubled with the words and cast out some such Speeches That we shall turn our swords on them from whom we are descended and having cut their throats make way for our own safety or some such words Lord Ranalaugh being Interrogated what his sense was of these words spoken by Sir George Ratcliffe He Answered That the expression of these words and some other words that fell from my Lord-Lieutenant to himself before his Lordships departure out of Ireland made him doubt that there might be some danger intended by the transportation of the Army and it was not his sense alone for upon discourse betwixt others that were of the Council and himself the like apprehensions were amongst them as between my Lord President of Munster and him and also between Sir Adam Loftus and him Those that durst be free one to another did express their fears and apprehensions about it Being asked what the words were my Lord of Strafford spake to him on which the apprehensions were grounded He Answered That it was thus My Lord of Strafford at his last being in Ireland was pleased to say to him My Lord will you buy any Land I will sell you all the Land I have in Ireland To which he the Lord Ranalaugh Answered That he is not able to buy Land being in debt and God forbid his Lordship should sell his Land in Ireland Truly says he my Lord we are like to have a troublesome world and I am willing to part with it To which the Lord Ranalaugh replyed it will be hard then with us that have no Estates but in Ireland No my Lord says my Lord of Strafford I do not mean it so for I believe you will be quieter here than they will be in England But he doth not think that ever he spake these last words to Sir Robert King in his life Being asked How he expressed his sense of those words to Sir Robert King He Answered That the first discourse was from Sir George Ratcliffe the latter was from my Lord
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
with relation to action For these be Counsels and if a Man shall Counsel the death of the King Will any Man doubt whether this be Treason surely no man will doubt it that knowes the Laws of England The Treason is not in his words but in his wicked Counsels For under favor if it be true that he spake them they may be called wicked and that it is true they have offered proof and so he left it to their Lordships Mr. Glyn desired to add a word it concerning the Kingdom and Peers Their Lordships observe how my Lord of Strafford stands questioned for subverting of the Laws and for designing to introduce an Arbitrary Government the other day his design appeared in the exercising of a Tyrannical Power over the Persons Estates and Liberties of the Kings Subjects and though a design was in practice and something put in execution yet there was something left whereby that Treason might be raised to a higher strain For that proofs were produced the other day the exercise of this Tyrannical power in his person which was the stopping of the Streams of Justice but the Fountain of Justice was still uncorrupted and hope left and God be thanked we have hope still But this dayes work is to prove That he ascended the Throne and by his ill Counsels the Venome he had hatcht in his own heart he endeavored to infuse into the Kings Person to make Him of the same opinion with himself and that is to endeavor to corrupt the Fountain But God be thanked he hath met with a Gracious King upon whom he cannot prevaile The words laid to his Charge are very many That he should tell the King he was Absolved from all Rules of Government and that he had an Army in Ireland which he might employ to reduce this Kingdom The latter part of the words he hath endeavoured to answer and the former part proved by positive Witnesses which he hath not given answer to For the latter that concerns the Irish Army Mr. Glynn said He shall not need to put their Lordships in mind of any thing said but whereas my Lord sayes They are proved by one Witness only if your Lordships revise their Notes they shall find them prov'd by many Witnesses When he was not accused by the Commons he tells Sir William Pennyman at York he did intend to bring the Army into England but there was Vox populi and that 's a horrid Witness My Lord Cottington one of the Honourable persons present when the words were spoken testifies to their Lordships That he remembers my Lord of Strafford told the King That after things were setled he was bound to repair the property of the Subject and this under favour proves something for if some Counsel and advice were not given that there should be an invasion on the property what should engage him to tell the King he should restore it Here my Lord Cottington explained himself saying That his meaning was he hath often heard my Lord say The King and People would never be happy till there was a good agreement Mr. Glynn proeceded that if their Lordships please to look on my Lord of Straffords Interrogatory they shall find it asked his Lordship Whether he did not tell the King that he should make restitution of the Subjects propertie when the danger was over and why should his Conscience aske such a question unless there were Counsel given to invade the propriety of the Subject Your Lordships remember the words of Sir George Wentworth which Mr. Glynn said he will not repeat and when my Lord was fixed by the words of his Brother he said That tho he be my Brother I do not use to communicate my Counsels to him and that I am on my oath to conceal yet this great Counsel he did impart to Mr. Slingsby for his own purpose and to Sir William Pennyman And so having spoken to the latter part of the words the reducing of the Subjects of England by the Irish Army to shew that it stands not only on a single proof but if the whole be recollected together there be many things concurring to the positive proof thereof Mr. Glynn put their Lordships in mind of the other words to which two great Witnesses concurr and no Answer at all is given viz. That the Parliament denyed Supply and the King is loose and absolved from all rules of Government put the other words out of doors as they are not if the King be loose from all rules of Government is he not loose to doe what he will And Mr. Glynn added That he must needs give Answer to something that fell from my Lord concerning other words that they were words of Discourse and what he speaks at his Bed or his Table or in private Discourse he thinks they should not be brought against him But Mr. Glynn besought their Lordships to remember that if my Lord speaks the words as a Privy Counsellor speaking to the King concerning the Subjects property compare these words with the other Extermination and then see what the Case is The last thing in his Defence is as high as the Charge it self He is charged That being a Privy Counsellor and entrusted by the King and a man of such Eminence he should indeavour to infuse into the Kings Sacred Person such dangerous Counsels tending to the destruction of the Law and Government and consequently of King and Subject And in the close my Lord of Strafford put their Lordships in mind what a dangerous thing it is for one of the Kings Counsel to be charged for Words spoken at Council-Table to speak this in such a Presence before the Peers and Commons of the Realm that a Privy Counsellor who ought to be clear and candid is not to be questioned though he infuse dangerous Counsels That it is justification of his own Act and so great that he knows not how my Lord could say greater and so he said he hath no more to say their Lordships had heard the Proofs and Defence and comparing them together he doubts not but their Lordships are satisfied that the Commons had just cause to do what they have done My L of Strafford desired to answer one thing the Gentleman that spake last said touching his revealing the Kings Counsels to Mr. Slingsby and others he would be loth to be charged with breaking his Duty to God and the King but where he hath Power and Liberty for as concerning the imployment of that Army the King left it wholly to him to acquaint whom he thought fit for the bettering of the service But the thing that makes him rise is to represent to their Lordships that he hath been there constantly in a great deal of weakness and infirmity since 7 or 8 of the clock and now it is 5. That his Speech and Voice are spent and it is not possible for him to come here to morrow and therefore he most humbly besought their Lordships to
Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Lawes and Government of the Realmes of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel His Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallible interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen years in the Kings Service ever Resolving in my heart Stare super vias antiquas to prove with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Haires charged as an under-worker against that Government a Subverter of that Law I most affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by words by Councils and by Actions in Ireland and in England My Lords I shall first give you an Accompt of the words wherewithall I am Charged forth of Ireland and the first words are in the third Article where I am Charged to have said That Ireland is a Conquered Nation and that the King may do with them as he pleaseth And to the City of Dublin That their Charters are nothing worth and bind the King no farther than he pleaseth These are the words Charged My Lords methinks it is very strange under favour that this can be made an Inducement to prove this Charge because I said That Ireland is a Conquer'd Nation therefore I endeavour to subvert the Fundamental Laws when I speak the Truth for certainly it is very true it was so My Lords under favour I remember very well there was as much said here at this Bar since we began and yet I dare well Swear and acquit him that spake it from intending to Subvert the Lawes For my Lords you were told and told truely That Ireland was a Conquered Nation and that it was Subordinate to England and God forbid that it should be otherwise and that they have received Lawes from the Conqueror My Lords the words testified by my Lord Gormonstone and Kilmalock to be spoken are not the words wherewith I am charged and so under favour I conceive cannot be brought to my prejudice as to this Tryal and they are words that are denied by me For my words concerning their Charters your Lordships remember very well I doubt not wherefore I said they were void For their misuse of them and that I told them so not with the intent to overthrow their Patents or Charters but to make them more conformable to those things that the State thought fit for encrease of Religion and Trade and encouraging and bringing English into that Town And that it was meant so and no otherwise Whatsoever was said it appeares by this their Charters were never touched nor infringed nor medled withal by me during the time I was in that Kingdom so that words so spoken and to such a purpose that they should go to prove such a Conclusion I conceive there is great difference betwixt those Premises and that Conclusion The next Charge for words in Ireland is in the Fourth Article where I am Charged to have said That I would neither have Law nor Lawyers Dispute or Question my Orders and that I would make the Earl of Cork and all Ireland know that as long as I had the Government there any Act of State should be as binding to the Subjects of that Kingdom as an Act of Parliament My Lords I humbly beseech your Lordships to give me leave to say for my self that these words of the Charge are onely Sworn by my Lord of Corke and no man else and his Lordship appeared a little mistaken the other day in one point on the Reading of an Order of the Council-Board for so it appears as I conceive so that for one single Witness and he the Party Aggrieved by these words to be the Man that must convince me I conceive your Lordships will not think that to stand with the ordinary Rules of proceeding For the rest to say Acts of State in Ireland should be Binding so long as they are not contrary to Law I confess I then conceived it had been no Offence for I thought them to be as binding being not contrary to Law but the Elder we grow the wiser we may grow if God give us the Grace and Attentions and so I trust I shall by these Gentlemen that have taught me to forbear those kind of Speeches hereafter My Lords These are all the Words charged against me for Ireland saving onely some things that I shall come to anon that is Charged upon me in one of the latter Articles concerning Scotland I say my Lords these are all the Words that have slipped from me in Seven years time having been well watched and observed as your Lordships may perswade your selves I have been But in Seven years time I say these are all the words brought to my Charge and in truth I conceive a wiser Man than my self might be forgiven for one Error or slip of his Tongue of that Nature in a years time seeing it is in
be heard to be a just and fair Decree I do not any way question that though I remember little of the business But at the worst this is but an over-exercising of a Jurisdiction and that it should be High-Treason in a Judge to exceed his Jurisdiction I must confess I never heard it I told your Lordships the other day Bono Iudici est Amplior Iurisdictio But that it should be High-Treason to enlarge Jurisdiction is a perilous Point and if it be so it befits your Lordships and all Judges to be well certained what you may do least by going too far you fall into great Inconveniences But my Lords I say under favour that all these if they had been done without any manner of Authority had not been a Subversion but rather a diversion of the Law it could not be properly said to be the subverting of the Fundamental Lawes though it might be a diverting and so long as I keep the Rule of the Law and do the same things that another man does in a more legal way I mean in a more warrantable place I say my doing of the same thing in an improper place is not a Subversion but a diversion of the Law If you will bring in the Thames about Lambeth to come in again below the Bridge the River is the same though the Course be diverted to another place So the Fundamental Law is the same though the Course be diverted to another place I say the Fundamental Law is the same onely it is carry'd in another Pipe And Shall this be said to be a Subverting Under favour as the River is the same so the Law is the same it is not a subversion but a diversion Nor doth it skill where Justice be done I mean so far as it concerns the Subjects Interest for so long as he hath Justice speedily and with least Charge his end is complyed with and it concernes not himself whether he hath it in the Kings Bench or Common-Pleas so he hath it speedily and with the least Charge And therefore as long as the Lawes are the same though Executed by several Persons and in several places I cannot conceive it to be a subversion And I shall humbly beseech your Lordships to take care that while these straynes are put upon me to make this Personal Charge against me ye do not through my Sides Wound the Crown of England by taking that Power from the Deputy which must of necessity be lodged in him if you will have that Kingdom depend upon the Crown of England which I hold in all Wisdom and Judgment ought to be cared for Therefore I beseech you prejudice not the Deputy to the Disabling him from serving the Crown hereafter by Beating down me who am this day to Answer before you For if you take away the Power of the Deputy you shall not have that Kingdom long depend upon this Crown for it rests under God and His Majesty and must principally rest upon the care of him that is intrusted with that Charge And therefore give me leave on the behalfe of the Crown of England to beseech you to be wary of lessening the Deputies Power too much for if you do I fear you will find it a great Disservice to the Crown My Lords the next thing I am Charged with is the 9th Article That is a Warrant of Assistance to the Bishop of Down and Connor and for that your Lordships see there was but one of them and have heard it proved that before my time such Warrants were frequent indeed no man was denyed them But my Lords it must likewise be remembred that of my own accord I did recall it before I was ever questioned for it and it is very hard if he that mends his Faults should be afterward punished for it for it is a Degree of Repentance and it is hard that a man should be finally Condemned after Repentance and therefore my Lords I trust seeing there was but one of them seeing I did my self recall it so willingly as soon as I found the Inconvenience I hope that will be easier remitted to me The next is the 10th Article that concernes the Customes and that is rather to be looked on as a Fraud then as a Treason as I conceive it there is no Treason in the business sure But I have proved the Bargain was honestly made That there was more offered for it by me then any other That I had it upon no other Termes then it was formerly let to others That I was constrain'd to it whether I would or no And then my Lords if the Bargain by the Increase of that Kingdom proove a good and profitable Bargain it is a very hard Case that if it be increased through the Kings Wisdom and Goodness and the Kingdoms Growth Trade and Traffick that this should be turned upon me as an Argument to make me Guilty of Treason I never found a good Bargain should be so charged so long as it was honest and fair But whereas they press That I have gained Three Hundred Thousand Pounds Estate by it it is a very strange mistake For the King has out of it His Rent of 15 or 16 Thousand Pounds a year and Five entire parts of Eight clear to Himself and therefore it was a strange Calculation and much mistaken by them that gave the Information of it to the Gentlemen For the Book of Rates it was none of mine but was agreed on before my time I had nothing to do with it and therefore have nothing to Answer for it And when it shall come to be proved it will appear that the Rates were set fairly and justly and equal betwixt King and People according to the Law whatsoever hath been said to the contrary The next is the 11th Article concerning Pipe-Staves and that is by them waved and well they may for the plain truth is if it had been proceeded in it would have appeared that there is come Fifteen hundred pounds gain to the King and Four hundred pounds loss to my self and preserving of Woods and that is all that would be made from that Article The next is the business of the Tobacco which is not applyable to Treason in any kind but because I would be clear in every Mans Judgment that hears me I beseech your Lordships to call to mind it was the Petition of the Commons-House of Ireland that the Grant of Impost on the Tobacco should be taken in and converted to the Kings use so that whatsoever was done was persuing their intention and desire That there was no way but this to make benefit and profit of it is most manifestly shewed that there was a Proclamation in England of the like nature and a Command of the King to proceed in it accordingly and an Act of Parliament Transmitted here for Passing it to the Crown according to the intention of the Commons-House and for the greatness of the Bargain no Proofe hath been offered to your Lordships
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
have said he freely concluded our Libertys we have offered Five Subsidys His Majesty hath given us Gracious Answers and nothing is done that the King can take notice of c. Hereupon Sir Tho. Wentworth proposed a middle way viz. That when we set down the time be sure the Subjects Libertys go hand in hand together with the Kings Supply then to resolve of the time but not to report it to the House till we have a ground and a Bill for our Liberties This is the way to come off fairly and prevent jealousies Hereupon the Committee of the whole House Resolved That Grievances and Supply goe hand in hand May 1. 4 Car. MR. Secretary Cook delivered a Message from His Majesty viz. To know whether the House would relye on His Royal Word or no Declared to them by the Lord Keeper which if they do the King assured them it should be Royally performed Sir Robert Phillips of Somersetshire spake upon this occasion and said That if the words of Kings strike impressions in the Hearts of Subjects to speak in a plain Language said he We are now come to the end of our journey and the well disposing of an Answer to this Message will give Happiness or Misery to this Kingdom Let us set the Common-wealth of England before the Eyes of His Majesty that we may justify to the world that we have demeaned our selves as dutiful Subjects to His Majesty Hereupon Sir Thomas Wentworth stood up and concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private than the present but we are ambitious that His Majestys goodness may remain to Posterity and we are accountable to publique Trust and therefore seeing there hath been a publique violation of the Laws by His Ministers nothing will satisfy him but a publique Mends and to our desire vindicate the Subjects Rights by Bill is no more than is laid down in former Laws with some modest provision for Restriction Performance and Execution and this so well agreed with the sense of the House that they made it the subject of a Message to be delivered by the Speaker to His Majesty Whilst the Lords afterwards were in Debate of the Petition of Right they were pleased at a Conference to propose to the Commons this following addition to the Petition of Right viz. 1. We present this our Humble Petition to Your Majesty with the care not only of preserving our own Liberties but with due regard to leave intire the Sovereign Power wherewith Your Majesty is trusted for the Protection Safety and Happiness of the People Upon this Sir Edward Cook spake saving This is Magnum in Parvo This is propounded to be a conclusion of our Petition it is a matter of great weight and to speak plainly it will overthrow all our Petition it trenches on all parts of it Look into the Petition of former times they never Petitioned wherein there was a saving of the Kings Sovereignty I know the Prerogative is part of the Law but Sovereign Power is no Parliamentary word c. Sir Thomas Wentworth spake next and said IF we do admit of this Addition we shall leave the Subjects worse than we found them and we shall have little thanks for our labour when we come home let us leave all Power to His Majesty to punish Malefactors but these Laws are not acquainted with Sovereign Power we desire no new thing nor do we offer to trench upon His Majestys Prerogative we may not recede from this Petition neither in part or in whole To add a saving is not safe doubtful words may beget an ill construction and the words are not only doubtful words but words unknown to us and never asked in one Act or Petition before 2. Now he began to be more generally taken notice of by all men and his Fame to spread abroad where publique Affairs and the Criticismes of the times were discoursed by the most refined Judgments those who were infected with popularity flattering themselves that he was inclined to support their inclination and would prove a Champion upon that account but such discourse as it endeared him to his Countrey so it begot to him an interest in the bosom of his Prince who having a discerning Judgment of Men quickly made his observation of Wentworth that he was a person framed for great affairs and fit to be near His Royal Person and Councils About this time in the heat of so general a report of him Sir Richard Weston then Lord High Treasurer after Earl of Portland a person also eminent for his acute and clear parts coveted acquaintance with this Gentleman and there not being wanting discreet Agents to accomplish what my Lord Treasurer desired it was soon effected After the first view a familiarity was begotten and next a deep friendship It happened that in some Conferences they touched upon the popular Humor as they termed it then appearing in the House of Commons and the present ways they were in as tending to no good he proposed the most rational and plausible mediations that could be for the present juncture of affairs in somuch that his judgment in things was much valued and followed In some time after he was made Baron Wentworth and had so gained His Majesties opinion that he was also created Viscount Wentworth of Wentworth-Woodhouse made one of His Majestys Privy Council Lord-Lieutenant of the County of York and Lord-President of the North In this Trust he Governed himself with such skill especially in those high contested points then in consultation that he pleased his Prince and improved His Majesties Revenue His frequent appearance at the Council-Board quickly gave occasion to that Great Prelate Archbishop Laud then Bishop of London and himself to discern one anothers parts begetting a right understanding betwixt them which grew into so inviolable a friendship that nothing but the inevitable stroke of death could separate them who whilst they lived constantly united their great Hearts and Understandings for the advancing the Church and the service of their Prince The Cedar was still growing though perhaps to the dislike of some Emulators yet to the general satisfaction of all such as had ability enough to judge of his Parts His next advance was to be Lord-Deputy and Chief Governor of Ireland The affairs of that Realm being in much disorder by the temper of the Popish party there who did not with moderation make use of the Kings Clemency to them in relaxation of the rigor of some penal Statutes He began with the Church in the Reformation of his Kingdom and first procured of the King by the joynt mediation of the Archbishop That all the Impropriations then in the Crown would be restored to the Church in that Nation though to some diminution of the Royal Revenue and advanced Learned men whose Judgments were for Episcopacy He raised in Ireland Eight Regiments for the Kings service each consisting of 1000 men in Ten
yet by his Speeches full of Oaths and Asseverations that we were Traitors and Rebels casting off all Monarchical Government c. He extorted from them four new Subsidies indicta causa before we were heard procured that a War was undertaken and Forces should be levied against us as a rebellious Nation which was also intended to be an example and precedent to the Parliament of England for granting Subsidies and sending a joynt Army for our utter ruine According to his appointment in Parliament the Army was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion Liberties and Laws and thereby laying upon us a necessity of vast charges to keep Forces on foot on the West Coast to wait upon his coming And as the War was denounced and Forces levied before we were heard So before the denouncing of the War our Ships and Goods on the Irish coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts by which they did take some and burn others of our Barques Having thus incited the Kingdom of Ireland and put his Forces in order there against us with all hast he cometh to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I return to that Honourable Sword I shall leave of the Scots neither root nor branch How soon he cometh to Court as before he had done very evil Office against our Commissioners clearing our proceedings before the point So now he useth all means to stir up the King and Parliament against us and to move them to a present War according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designs succeeded not that way in his nimbleness he taketh another course that the Parliament of England may be broken up and despising their Wisdom and Authority not only with great gladness accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as General Captain with power to invade kill slay and save at his discretion and to make any one or more Deputies in his stead to do and execute all the Power and Authorities committed to him According to the largeness of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their Declarations sent before them were coming in a peaceable way far from any intention to invade any of His Majesties Subjects and still to supplicate His Majesty for a setled Peace he gave order to his Officers to fight with them on the way that the two Nations once entred in Blood whatsoever should be the success he might escape Trial and censure and his bloody designs might be put in execution against his Majesties Subjects of both Kingdoms When the Kings Majesty was again enclined to hearken to our Petitions and to compose our differences in a peaceable way and the Peers of England convened at York had as before in their great wisdom and faithfulness given unto His Majesty Counsels of Peace yet this Firebrand still smoaketh and in that Honourable Assembly taketh upon him to breath out threatenings against us as Traitors and enemies to Monarchical Government and threatened that we be sent home home again in our blood and he will whip us out of England And as these were his Speeches in the time of the Treaty appointed by His Majesty at Rippon that if it had been possible it might have been broken up So when a cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for War his under-Officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governor of Berwick and Carlisle can shew from whom they had their Warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to pass that the Ports of Ireland are yet closed our Countreymen for the Oath still kept in Prison Traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great Incendiary upon these and the like offences not against particular persons but against Kingdoms and Nations may be put to a Tryal and from their known and renowned Justice may have his deserved punishment THis Noble Earl was in person of a tall stature something inclining to stooping in his Shoulders his Hair black and thick which he wore short his countenance of a grave well composed Symetry and good Features only in his Forehead he exprest more Severity than Affability yet a very courteous Person And as he went from the Tower to the Scaffold his Countenance was in a Mild posture between dejection in contrition for Sin and a high Courage without perceiving the least affection of disguise in him He saluted the People as he walked on foot from the Tower to the Scaffold often putting off his Hat unto them sometimes to the right and sometimes to the left hand being apparelled in a Black cloth Suit having White Gloves on his Hands And tho at this time there were gathered together on the great open place on Tower-Hill where the Scaffold stood a numerous croud of people standing as thick as they could by one another over all that great Hill insomuch as by the modest computation they could not be esteemed to be less than 100000 people yet as he went to the Scaffold they uttered no reproachful or reflecting Language upon him He had Three Wives the First the Lady Margaret Clifford Sister to the Earl of Cumberland who left no issue The Second the Lady Arabella Hollis Sister to the Earl of Clare who left him his only Son William now Earl of Strafford and Two Daughters The Third Wife was Daughter to Sir Francis Rhodes of Yorkshire by whom he had one Daughter an Infant at the time of his death On the First of December in the 17th year of the Kings Reign by His Majesties Letters Patents his Son William was restored to all his Fathers Dignities and Titles and was made Knight of the most Noble Order of the Garter having doubled his Paternal Glorys and his own by marrying the worthy Daughter of two incomparable Parents Henrietta Maria the Daughter of Iames Earl of Darby and Charlotte Daughter of Claude Duke de Temoille and Charlotte of Nassaw Daughter to William Prince of Orange A brief Account of his Secretary Slingsby MR. Slingsby his Secretary after the death of this Noble Lord presently left the Kingdom and was received beyond the Seas into the Queens favour and by Her