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A92318 A briefe and perfect relation, of the answeres and replies of Thomas Earle of Strafford; to the articles exhibited against him, by the House of Commons on the thirteenth of Aprill, An. Dom. 1641.. Strafford, Thomas Wentworth, Earl of, 1593-1641.; S. R. 1647 (1647) Wing R68; Thomason E417_19; ESTC R203328 82,767 116

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the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee answered by the Sword Thirdly That he had caused some Scottish goods and ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert K●ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a dis●ourse with the Prima●e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee had said that if the Parliament meaning the last Parliament should not grant a competent supply that then the King was acquitted before God and Man and might use the Authority put into his hands Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he could for his Majesties service and assistance His expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficul●y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared that he had heard the Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse because of the exceeding great Love he carried to the Man For the last which were the most dangerous speeches about the reducing of this Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of obedience nor upon Rebellious courses They at last concluded the Charge That the words were so monstrous that to aggravate them was to allay them and therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes did not much stick upon him for upon the suppositions first that the demands were true secondly that they were not justifiable thirdly that no other course could prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
Copy not to bee First Because no transcript but the Originall only can make faith before the Kings Bench in a matter of Debt therefore farre bee it from them to receive a most slender testimony in matter of Life and Death before the supreme Judicatory of the Kingdome Secondly If Copies bee at any time received they are such as are given in upon Oath to have beene compared with the Originalls which are upon Record such an one was not that Copy It was Replyed by Master Glyn for all of them spake as occasion Glyns Speech served that the House had but the day before admitted Copies as evidences much more should they doe this when it was prosecuted by the Officer himselfe who best knew it having executed the same To this the Lievetenant answered that all other Copies Straffords Reply ought to bee received upon Oath to have beene compared with the Originall as right reason requireth but that this was not so And for the Officer himselfe producing it that was the best Argument hee could use why it should not bee admitted For said hee Master Savill may bee charged with Treason for seising men of warre upon the Kings Subjects hee hath nothing for his defence but a pretended Warrant from me Now what hee sweares to my prejudice is to his own advantage nor can a man by any equity in the world bee admitted to testify against another insuam justificationem The point seemed exceeding weighty and in effect was the Serjant Savils Coppy of the Commission rejected groundworke of the whole Article which not proved nothing could evince him to have beene accessory to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation betweene the factions and above an houres stay They returned and declared that the Lords after mature deliberation had resolved that the Copy should not bee admitted and desired them to proceede to other proofes which after a little pause they did First the Lord Ranelaugh affirmes that hee heard of such a Warrant and knew sometimes three sometimes five Souldiers Billeted by it Secondly Master Clare declares the very same Thirdly Another Deposeth hee had seene such a Warrant under the Deputies Hand and Seale And so much for the proofe For the Statute they alleaged one of Edw. 3 6. that whosoever should carry about with them English Enemies Irish Rebels or Hooded-men and sesse them upon the Subject should be punished as a Traytor Another of Hen. 6. 7. That whosoever should sesse men of warre in his Majesties Dominions should be thought to make warre against the King and punished as a Traytor They concluded It was evident the Lord Strafford had incurred the penalty and breach of both the Statutes and therefore desired the Lords should give out judgement against him as a Traytor The Lord Lieverenants Reply was That in all the course of his life hee had intended nothing Strafford's Reply more then the preservation of the Lives Goods and welfare of the Kings Subjects and that hee dared professe that under no Deputy more then under himselfe had there beene a more free and un-interrupted course of Justice To the Charge hee answered First That the Customes of Ireland differed exceedingly from the Customes of England and was cleere by Cookes book and therefore though sessing of men might seem strange here yet not so there Secondly That even in England hee had known Souldiers pressed upon men by the Presidents of Yorke and Wales in case of known and open Contempts and that both in point of Outlary and Rebellion and also even for sums of Debt between party and party there is nothing more ordinary then these Sessings to this day in Scotland whereby the chiefe house of the owner is seized upon Thirdly That to this day there hath beene nothing more ordinary in Ireland then for the Governours to appoint Souldiers to put all manner of Sentences in Execution which hee proved plainly to have beene done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmots Corks Evers and all preceding Deputies times And had even for Outlaries for the Kings debts in the Exchequer of Collection of Contribution money and which comes home to the point for peteet soms of money between party and party so that hee mervailed quâ fronte or with what boldnesse it could bee called an Arbitrary Government lately brought in by him To this the Lord Dillon Sir Adam Loftis and Sir Arthur Teringham deposed the last of whom told that in Faulklands time hee knew twenty Souldiers Sessed upon a man for refusing to pay sixteen shillings sterling Fourthly that in his instructions for executing his Commissions hee hath expresse warrant for the same as were in the Instructions to the Lord Faulkland before him both of which were produced and read Fiftly That although all these Presidents were not yet it were not possible to governe the Kingdome of Ireland otherwise which had beene from all times accustomed to such summary Proceedings Sixtly that no testimony brought against him can prove that ever he gave warrant to that effect and for the Deeds of the Sarjeant at Armes hee did conceive himselfe to be answerable for it As for the Acts of Parliament hee had reserved them to the dispute of his Lawyers but was content to say thus much for the present First That it is a ground in the Civill-Law that where the King is not mentioned there hee cannot bee included But with all distance to his sacred Person bee it spoken hee conceived himselfe to be in his Master the Kings place for so his Commission did run in that Kingdome of Ireland Secondly The words of the Statute are not applyable to him for God knowes hee never went about in Person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings owne Souldiers enquiring in a Customary way obedience to his Orders could in no construction bee called Irish-Rebells English-Enemies or Hooded-men Fourthly That the use and custome of the Lawe was the best Interpreter thereof and for that hee had already spoken enough Fiftly That it savored more of praejudice then equity to start out such an old Statute against him and none others though culpable of the same fact to the overthrow and ruine of him and his Posterity Sixtly That under favour hee conceived for any Irish Custome or upon any Irish Statute hee was to bee judged by the Peeres of Ireland Seventhly That Statute of what force soever was Repealed First By the tenth of Henry the seventh where it is expresly declared nothing shall bee reputed Treason hereafter but what is so declared by the present Statute now not a word there of any such Treason Secondly By the eleventh of queene Elizabeth where expresly power is given to the Deputy of Ireland to sesse and lay Souldiers although the same bee reputed Treason in any other To the Statute of Henry the sixt hee Replyed that a
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged to be his bosom friend yet had thoughts of his own and might have some other thoughts in his bosom and be to some other Expressions then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse and in Law can prove nothing add to this said he that it was a private discourse between him and me and perhaps spoken by me tentandi gratia and how farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own conceptions or craving the advice of wiser and learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star of Hen 7. 12. and of Edw. 6. 5. Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councell which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candi●è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly altered the Antecedents were upon an absolute or inevitable necessity upon a present invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is hee not publicus Inspector Regni Stands it not him in hand to do somthing on present