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A46088 An impartial account of the arraignment trial & condemnation of Thomas late Earl of Strafford, and Lord Lievtanant of Ireland before the Parliament at Wesminster, Anno Dom, 1641. Strafford, Thomas Wentworth, Earl of, 1593-1641, defendant. 1679 (1679) Wing I68; ESTC R11824 83,221 54

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AN IMPARTIAL ACCOUNT OF THE Arraignment Trial Condemnation OF THOMAS Late EARL of STRAFFORD And Lord LIEVTANANT of IRELAND BEFORE The PARLIAMENT at WESMINSTER Anno Dom. 1641. LONDON Printed for Joseph Hindmarsh at the Black Bull near the Royal Exchange in Cornhil 1679. TO THE READER AMongst the Superfoetations of the Press I hope you will have no Cause to reckon this small Collection either if you respect the Matter of it I mean the Pleadings in it or the Great Personage concerned in them I am apt to perswade my self it may not altogether be unseasonable in the present Conjuncture of Affairs or unbeneficial to the Reader who shall carefully peruse it The Case it self as well as the Actor the Great and Noble Earl of ●trafford have somewhat more than ordinary and peculiar in them and as this Great and Solemn Trial is so Paramount in the Equipage of all its Circumstances that as former Ages have been unable so future are unable to produce its Parallel To give you though but a Rude Draught of this Great Master of Defence who so easily put by the Thrusts of his most applaudedly Skilful and Dexterous Adversaries will require an Abler Pencil than mine Take then his Character in this Book from his own Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him and instead of those Strange and Unheard of Monopolies laid to his Charge in this his Trial he may seem a greater himself in engrossing so much of Worth and Ability in his own Bosom As to the Matter of these Collections you have in them a Fine and Pleasant Intermixture of Points of Law and Matters of State You may thereby understand the Constitutions of the two Kingdoms which were then in a strange and most preter-natural Fermentation a Sick Stomach nauseating at Pleasant and Wholsome Meat the Body Politick growing Hot and Feavourish in strange Jactations and Unquietnesses wilfully refusing and scorning the Help and Advice of a most Skilful Aesculapius The Collector you will find hat● very well discharged his Part Ne quid Falsi dicere audax ne quid Veri dicere non audax Herein is nothing false Reported no material Truth Omitted and nothing Trivial to swell the Book and make it more Chargeable and less Vseful to the Peruser is for any private End or Design of the Publisher's Gain here set down or observed So that I may compare this Collection to a well-made and easily manageable Net that as Nothing Considerable escapes its Draught so there is no great Pains or Toil in the Cleansing of it no Sticks Stones or Small Fish to give thee any Trouble to return them whence thou hadst them To be short In the Perusal of this Brief but Full Account of this Great Transaction ●s thy Pains will not be Great so thy Charge but not Advantage will be Inconsiderable Farewell THE PROCEEDINGS AGAINST THOMAS Earl of STRAFFORD Lord Lieutenant of IRELAND in the Parliament at Westminster Anno Dom. 1641. Sir YOu have here the Diurnal of the whole Process against the Lord Lieutenant of Ireland it was taken by the hand of a ready Writer a faithful Ear and an understanding Head He was present at all the Action and I make no doubt of the Fidelity of his Relation Which beginneth thus THE House for the Appearance of the Lord Lieutenant was the great Hall in Westminster where there was a Throne erected for the King on each side thereof a Cabinet enclosed about with Boards and before with a Tarras Before that were the Seats for the Lords of the Upper House and Sacks of Wool for the Judges before them ten Stages of Seats extending farther than the midst of the Hall for the Gentlemen of the House of Commons at the end of all was a Desk closed about and set apart for the Lord Lieutenant and his Councel Monday Morning about seven of the Clock he came from the Tower accompanied with six Barges wherein were one hundred Souldiers of the Tower all with Partizans for his Guard and fifty pair of Oars At his Landing at Westminster there he was attended with two hundred of the Trained Band and went in Guarded by them into the Hall The Entries at White-Hall King Street and Westminster were guarded by the Constables and Watchmen from four of the Clock in the Morning to keep away all base and idle persons The King Queen and Prince came to the House about Nine of the Clock but kept themselves private within their Closets only the Prince came out once or twice to the Cloth of State so that the King saw and heard all that passed but was seen of none Some give the reason of this from the received practice of England in such Cases Others say that the Lords did intreat the King either to be absent or to be there privately lest Pretentions might be made hereafter that his being there was either to threaten or some otherwise to interrupt the course of Justice A third sort That the King was not willing to be accessary to the Process till it came to his Part but rather chose to be present that he might note and understand what Violence Rigor or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose Office it is asked Mr. Maxwel whether the Axe should be carried before him or no who did answer That the King had expresly forbidden it nor was it the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury Those of the Upper House did sit with their Heads covered those of the Lower House uncovered The Bishops upon the Saturday before did voluntarily decline the giving of their Suffrages in Matters Criminal and of that Nature according to the provision of the Cannon-Law and Practice of the Kingdom to this day and therefore would not be present yet withal they gave in a Protestation that their Absence should not prejudice them of that or any other Priviledge competent to them as the Lords Spiritual in Parliament which was accepted The Earl of Arundel as Lord High Steward of England sate apart by himself and at the Lieutenants Entry commanded the House to proceed Mr. Rym being Speaker of the Committee for his Accusation gave in the same Articles which were presented at his last being before the Upper House which being read his Replies were subjoyned and read also the very same which were presented before in the Upper House Some give the Reason of this because the Lower House had not heard those Accusations in publick before 〈◊〉 others that the Formality of the Process required no les however that day was spent in that Exercise The Queen went from the House about eleven of the Clock the King and Prince stayed till the Meeting was dissolved which was after two The Lieutenant was sent to the Tower by his Guard and appointed to return upon Tuesday at nine of the Clock in the
Monarchical Government and were only to be 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 War against the Scots Fifthly That by all possible means he had put had thoughts and Suspicions into his Majesty against his Scottish Subjects and laboured to make a National quarrel between them and England which if the Kings Piety and the Prudence of better affected States-men had not prevented could not have been s●erd up again without much Blood Concerning England his Speeches were either before or after the Parliament First Before his Creature and Bosom friend Sir George Ratcliff he had said to Sir Robert King when he was doubting how the King might have Monies to pay his Armies that the King had four hundred thousand pounds in his Purse thirty Thousand Men in the Field and his Sword by his side and if he wanted Money afterwards who will pitty him Secondly That his Brother Sir George Wentworth had said to Sir Robert Be●ington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seems they were weary of their Peace and desired to be conquered a second time Thirdly That he himself upon a discourse with the Primate of Ireland had said that he was much of the mind of those English Divines who maintained it lawful for a King having tried the affection and benevolence of his People and then denied their help upon an inevitable necessity and present danger of the Kingdom that he might use his Prerogative for his own supply and the defence of his Subjects Fourthly To the Lord Conway in a Discourse he 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 Fifthly That he did say at the Council Board If the Parliament should deny to help the King he would take any other way be 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 himself to be over-mastered by the frowardness obstinacy and stubbornness of his People Secondly That if his Majesty pleased to employ Forces he had some in Ireland that might serve to reduce this Kingdom The Proofs for the Scots Particulars were these First The Lord Traquiere who was indeed very favourable to the Lord Lieutenant and spake nothing to his Disadvantage but what was scrued from him with much difficulty he told them That when he gave in the Demands he heard him say that it was high time for the King to put himself into a posture of War but that first all the Council of England said the same as well as he secondly That it was a double Supposition 1. That the Demands were truly given in 2. That there was no other Remedy left but Arms to reduce them Secondly The Earl of Morton's Testimony being sick himself 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 Lieutenant to advise the King to an Offensive War when his own Judgment was for a Defensive Fourthly The Testimony of the Earl of Northumberland was produced which was the very same with Sir Henry Vane's Fifthly The Treasurer of England deposed the same with Traquiere Sixthly One Beane from Ireland told That he had known Ships seized on there but by whose Procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Renelaugh deposed the same that Sir Robert King and the Lord ●enelaugh had heard Sir George Ratcliffe speak those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primate's Testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with the Article Fifthly Sir Henry Vane deposed He had heard those Words spoken at the Council-Board For the Words spoken after the Parliament To the first Sir Tho. Jermyne Lord Newburg Earl of Bristol Earl of Holland were Examined Bristol did mince the Matter but Holland's Testimony was express 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 Kingdom there was only Sir Henry Vane's Testimony who declared only thus That he had either those Words or the like Here some of the Lieutenants Friends shewed themselves 1. The Lord Savil who desired of Sir Hen●y Vane to know whether he said their or this or that Kingdom and withal said it was very hard to condemn a man for Treason upon such petit Circumstances 2. The Earl of Southampton desired to know whether Sir Henry Vane would swear those words positively or not Sir Henry Vane said positively either them or the like The Earl replied that under favour those or the like could not be positive 3. The Earl of Clare desired to know what could be meant by this Kingdom for his part he said he thought it meant of the Kingdom of Scotland to which the Word this might very well be relative that Kingdom being only mentioned in the preceding Discourse And that he was the more ready to be of that Opinion because he could not see by what Grammatical 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 therefore they would simply leave them to the Judgment of the Lords The Lieutenant's Reply was That though the heaping up of those Articles had put him to a great Confusion yet he would endeavour to bring his Answer into the best Method he could and first he would reply to the Proo● then add something in general for himself in what a hard taking and lamentable Condition he was to have his private Discourses his most intimate and bosome friends search'd and sisted to the least Circumstance that he might seem guilty of that which by God's assistance he should never be To the Lord Traquieres and the Deputies Depositions he thought their Proofs 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 prevail He could not see what other Advice he could possibly give the King than to put himself into a posture of War especially seeing then there was frequent Reports of the Scots invading or entring into England nor was he of any other mind than all the rest of the Council-Board For that of Morton's he doth not positively remember the