that must enforce the King what to doe to levie money to use his Prerogative to raise supplies upon his subjects without their consent against their will necessity must be his argument and this warre must be thē occasion of that necessity and without that he cannot suggest to the Kings eare or advise this necessity till this bee brought to passe And now he hath brought it to passe he began in the one and twentieth two and twentieth and three and twentieth Article to perswade the King that necessity hath surprized him by the Parliaments deserting of him that the Parliament had forsaken the King in denying supply and having tried the affections of his people hee was loose and absolved from all rules of government and had an Army in Ireland which he might employ to reduce this Kingdome That he spake these words to the King part is proved by two concurrent witnesses that is that having tried the affections of his people he was now loose and absolved from all rules of government which words are proved by two witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his speech pretends that the most materiall words are proved but by one witnesse it seeming that hee held it not a materiall charge that he counselled the King that he was absolved from all rules of government for my part if your Lordships be satisfied those words were proved I could willingly satisfie my owne Conscience in it and make no great matter to quit the rest for I know not how he could expresse it in higher termes then that the King was absolved from rules of government for then he might doe what he would It is true the latter words touching the Irish Army are expresly proved but by one witnesse master Secretary Vane but are fortified againe with such circumstances as make up more then one yea more than two other witnesses if your Lordships will have the patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Radcliffe his bosome friend to whom he had contributed without question his advice in all causes the said Sir George Radcliffe expressed it before and told some of his friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the aboundance of the heart his mouth spake the King must now want no money if he did no body would pity him now he had his sword in his hand Sir Robert King proves it so My Lord Renula discovered the smoake of the fire that hee had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I beleeve he is convinced they had good cause what is the reason this suspition should bee entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Renula should say Shall wee turne our swords upon our owne bowels shall we bring this Army to turne the points of our blades upon that Nation from whence we were all derived and that was before any conference with master Secretary Vane Sir William Penniman himselfe his owne witnesse and friend sayes at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one witnesse that expresly proves the very words spoken in terminis as they bee charged if your Lordships put the whole together see whether there be not more then one witnesse And under favour my Lord Cottington if you call to mind his testimony I must justifie he did declare that he heard my Lord of Strafford tell the King that some reparation was to be made to the subjects property which must inferre he had advised an invasion upon the property else by no good coherence should a reparation bee made And that he testifies this I must affirme and most here will affirme it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the interrogatory administred to my Lord Admirall and my Lord Cottington that very question is asked so that his owne Conscience told him he had advised something to invade upon the people when he advised to a restitution after things should be settled and so I referre it to your Lordships consideration whether here bee not more then one witnesse by farre It is true he makes objections to lessen this testimony first that this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas master Slings by Sir William Penniman and others Secondly that others that were present when the words are supposed to be spoken did not heare any such words For the first perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegarion may be true and the charge stand true likewise Beside that it was intended orriginally for Scotland what proofe makes hee Hee told severall persons of the designe but I will be tryed by himselfe he told some it was for Scotland he told others it was for England and why you should beleeve his telling on one side more then on the other side I know not though he pretends a reason of his severall allegations that the world should not know his designe but if you will not beleeve him one way why should he be beleeved the other way and if not the other way why the first way For the second severall persons were present when the words were spoken touching the Irish Armie and they were examined and remember not the words but one man may heare though twentie doe not heare and this is no contradiction at all For those persons whom he examined the Lord Treasurer Marquesse Hambleton my Lord Cottington did not heare the words that are proved by two witnesses concerning the Kings being loose and absolved from rules of government and if they did not heare those words no marvaile they did not heare the other and therefore that which hee himselfe pretends to be a convincing testimonie is nothing at all so that his objections are clearely taken away and the single testimonie fortified with testimonies that make above one witnesse and so the words are fully proved But to fortifie the whole I shall handle all these Articles together This designe to subvert the Law and to exercise an arbitrary power above the Law in this kingdome will upon the proofes putting them altogether and not taking them in pieces as my Lord
Throne endeavours to corrupt the Kings goodnesse with wicked counsels but God be thanked he finds too much piety there to prevaile And therefore the next Article is that that charges him to be an Incendiary to the warre betwixt the two Kingdomes and now I shall be bold to unfold the mysterie and answer his objection To what purpose should he be an Incendiary were it not better to enjoy his estate in peace and quietnesse then have it under danger of a warre Now your Lordships shall have the Riddle discovered The first thing hee doth after his comming into England is to incense the King to a warre to involve two Nations of one faith and under one Soveraigne to imbrue their hands in each others blood and to draw Armies into the field That he was this Incendiary give me leave to revive your Lordships memories with the proofes which will make it plaine and first give me leave to note unto your Lordships that his Majestie with much wisedome did in July 1639. make a pacification with his subjects and even at the very heeles of this pacification when all things were at peace upon the tenth of September which was the next moneth but one your Lordships remember the sentence of Steward in the Star-chamber of Ireland for not taking the oath your Lordships may call to mind the language my L. of Strafford was pleased to use of the Scots when all was in quietnesse he then calls them no better then Traitours and Rebels if you will beleeve what the witnesse testifies whom my Lord is pleased to call a School-master And truly admit hee were so because he is a School-master therefore not to be beleeved is a non sequitur And another witnesse one Loftus speaks to the words though not in the same manner but I say the tenth of September when things were at peace and rest when the King was pleased to be reconciled to them by that pacification what boiled in his breast then to the breaking forth of such expressions I know not unlesse it were an intention to be an Incendiary My Lords I must say and affirme and he hath not proved it to the contrary that all this while I am confident there was not any breach of the pacification on either side and it lyes on his part to prove there was But the Parliament of Scotland then sitting and making preparation for their demands in pursuance of the Articles of pacification hee comming over into England in September immediately upon the pacification answers That he found things so distracted here that it was fit the Scots should be reduced by force if they could not be otherwise yet no breach appeares no war was denounced there was no intention of a warre But see what harboured in his breast all the while The fourth of December following my Lord Traquaire made his relation to the Councell of the Scots proceedings and all this while there was no Demands brought by the Scots themselves nor reason of their Demands brought by others though they were prepared yet you have heard his advice was for an offensive warre and that the Demands were a just cause of the war And though he pretends hee said no more then what the rest of the Lords of the Councell concurred with him in I will joyne in issue with him in that and if some of your Lordships be not satisfied you have many noble Lords among you from whom you may be satisfied that it is not so I am sure he proves it not It is true in the proposition of the Demands some of the Lords of the Councell did say that these Demands hypothetically if the Scots did not give satisfaction by their reasons were a just cause of warre but not any Lord of the Councell was of opinion that the very Demands positively without hearing of the reasons were a just cause of warre but himselfe and I beleeve the noble Lords of the Councell their Consciences can tell them and I beleeve will deliver it to the rest of the Peeres that I speake truth For the offensive warre he pretends a concurrence of the rest but it was disproved many were for it upon these termes if they did not give reasons and shew just cause for their Demands and many were against an offensive warre upon any terms and therefore herein he fixes that upon the Lords of the Councell that hee cannot make good All this while his intentions are discovered by a matter precedent but after the breach he discovers his anger further towards the Scottish Nation and makes it his designe to incense the King to this warre My Lords hee is not at an end yet for he confesses himselfe that hee advised the King to call a Parliament and now I come to his work of merit but it was to his destruction and serves to prove this Article directly for to what purpose was this Parliament called Exitus acta probat it was no sooner set but within three weekes a proposition is made for supply towards a warre against the Scots who was the cause of calling the Parliament himselfe and therefore who was the cause of this proposition but himselfe and so the calling of the Parliament is a concurring evidence of his being an Incendiary to put on the warre and it shall appeare anon absolutely that he was the occasion of it though he thinkes there be no proofe of it Did not he goe over into Ireland and by his solicitation there Subsidies were granted by the Parliament onely to maintaine this warre and to shew their ingagement in it and who was the occasion of drawing them on I referre to your Lordships judgements by the circumstances precedent Your Lordships heard his good opinion of the Scots when he began to discourse with the Citizens touching money and their affording of the King supply and seising the mint by giving them no better expressions than Rebels for saith he you are more forward to help the Rebels than to pay the King his owne I know not who hee meant but certainly the Scots were in his thoughts so that from the beginning he incensed the warre against them first hee exclaimed against them during time of peace He alledges in his answer that things were found in such distraction that it was fit the Scots should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Councell for an offensive warre and putting all together I referre it to your Lordships judgement who is the Incendiary for how can it be proved more cleerely unlesse it should appeare under his hand and seale proved by two or three witnesses Now my Lords how comes this to be his designe here the mystery comes to be unfolded Having thus incensed to the warre and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his owne creation as a means to draw on his designe and that was necessity necessity is it
of Strafford hath done appeare to have been harboured in his thoughts and settled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his people was loose and absolved from all rules of government and might doe every thing that power would admit and his Majesties had tryed all wayes and was refused and should be acquitted of God and man and had an army in Ireland wherewith if hee pleased he might reduce this kingdome so there must be a triall of his people for supply that is denyed which must be interpreted a defection by refusall and this refusall must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the rule of the Law and consent of the People this is his advice which shewes that this very thing that hapned did harbour in his thoughts long before the breach of the Parliament and the occasion of the Armie Your Lordships have heard it confessed by himselfe That before this last advice he had advised the calling of a Parliament to the Parliament a proposition of twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a supposal that the supply was denied Now that this was predesigned by my L. of Strafford himselfe I beseech you observe these things following that is the words in the two and twentieth Article That his Majestie was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not hee would serve him any other way and this is before the Parliament set now if your Lordships heare the proofes of my Lord Primate which my Lord of Strafford slights taking it singly My Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this kingdome testifies my Lords saying That if the Parliament will not supply his Majestie the King was acquitted before God and Man if hee tooke some other course to supply himselfe though against the will of the Subjects I beseech your Lordships observe how he prophecies these things must come to passe and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply his Majestie the King was acquitted before God and Man if hee tooke another course to supply himselfe though it were against the will of the subject and he doubts not but the Parliament would give what twelve Subsidies and your Lordships very well remember twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this designe before hand in his thoughts Now the Parliament being broken before answer to the demand given he vents his counsell in the three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper money to be advised and now comes he to tell the King that the Aldermen of London must be put to fine and ransome and laid by the heeles and no good would be done till some of them bee hanged so you heare his advice I beseech your Lordships observe what successe this advice tooke foure Aldermen were instantly committed and then the Councell of the three and twentieth Article is fomented First he foments the warre then there is a necessitie the defection of the Parliament must set the King loose from rules of government and now see whether the occasion of the warre the calling of the Parliament the dissolving of it be not adequate to what he propounded to himselfe namely to set up an arbitrary government Your Lordships remember how fresh my Lord of Bristowes memorie is touching my Lord of Straffords opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristow instantly within three or fower dayes after That the King was not to be mastered by the frowardnesse of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lords owne brother that knew much of his Councell and his words are That the English Nation would never be well till they were conquered over againe So my Lords put all together if he declared his owne intentions if actions in executing of this tyrannicall and arbitrary power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient evidence to prove an intention and desire to subvert the Law I know not what can prove such an Interpretation and now I referre it to your Lordships judgements whether here be not a good proofe of the Article laid to his charge My Lord in the seven and twentieth Article hee is charged with levying of warre upon the Kings people by forcing them in Yorkshire to pay money to prove they were so forced you have heard by two witnesses that Sergeant Major Yaworth by Musketeers fower together in the towne and one by one out of the towne did compell them to pay the fortnights contribution else they were to serve in person That hee did this by warrant is likewise confessed by Sir William Penyman and whether this were an authoritie derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sr. William Penyman himselfe being examined alledged that the warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before hand as is proved by two witnesses Sir William Ingram and Mr. Cholmeley that this money should be paid or levied on the subjects goods Then his declaration to Sir William Penyman in pursuance of which he made his warrant That it was the assent of the Lords of the great Councell that this money should be levied and taking all together whether it fixes it not upon him to be the authour and instrument it rests in your judgements in point of fact and so I suppose the seven and twentieth Article rests on him and so I shall conclude the evidence produced on the behalfe of the Commons And now give me leave to put your Lordships in mind of some evidences offered by my Lord of Strafford himselfe in his answer and in the passages of his defence for his clearing and