Souldiers although the same be reputed Treason in any other To the Statute of Henry the Sixth he Replied that a slender Answer might serve He hoped that no man would think him so inconsiderate to war against the King of Britain and Ireland by the sessing of five Souldiers that he had been charged by many for taking Arms for the King but to that time never for taking Arms against him and that he heartily wished that no man in all his Majesties Dominions had more practises with Rebels and Rebellious Designs against the King than himself So much for Thursday ' At the Close he desired the intermission of a day that he might recollect his Spirits and ' Strength against the next Quarrel and with some difficulty obtained rest till Saturday Upon Saturday Mr. Palmea proceeded to the sixteenth Article and Charged thus That the Lord Strafford having established a Tyrannical and Independent Authority by giving Summary Decrees and Sentences had deprived the Subject of all just Remedy for in that Kingdom there was none supream to himself to whom they might appeal and lest their just grievances might be made known to His Majesty he had obtained a Restraint That no complaint should be made of Injustice or Oppression done there till the first Address had been made to himself and that no person should come out of that Kingdom but upon Licence obtained from himself For Proof of this First the Instructions were read whereby that Restraint was permitted Seconly the Proclamation That all Noblemen Gentlemen Undertakers Officers or other Subjects that should resort into that Kingdom should not come from thence without a Licence from him Thirdly That he had restrained the Earl of Desmond because of a Suit in Law depending between the Earl and himself till Publication of the same was passed Fourthly That the Lord Roch being informed against before the Star-Chamber he would not Licence him to come into this Kingdom till the Sentence was passed against him Fifthly Than one Marchatee having pretended a mind to travel was denied a Licence Sixthly That the whole Committee for the Parliament was restrained this last year by Deputy Waniford which they said might be interpreted to be his Fact both because they had such intelligence the one from the other as also by the Proclamation issued by him before Seventhly That one Parry Servant to Chancellor Loftis was fined five hundred pounds at his return for departing Ireland without Licence Eightly That the Irish Remonstrance complained of this as the greatest Innovation and Thraldom put upon them since the time of the Conquest They concluded the Charge That by this meanes having taken of that Intelligence which should be between the King and his People and having deprived them of that Remedy which in Reason they might expect from so Just and so gracious a Prince he had taken upon him a Royal and Independent Power and had faulted highly both against King and State The Lievtenants Reply was That he hoped to make it clear that he had done nothing in that particular but what was usual necessary and just and that he should be very well able by the Grace of God not only of that but of all other his publick Actions to give a reasonable Accompt though not be free from much weakness yet certainly from oll Malice and Treason To the Particulars First For Instructions laid upon him he was not so much Chargeable as those of the Council of England whereof there was a great many present who could witness their Commands but lest any thing should seem unjustly enjoyned by them or embraced by him he desired that the Reasons of their Instructions might be read which were That it were Injustice to complain of Injuries of Oppression done in that Kingdom till first the Deputies Judgment was informed and Trial made of his Integrity That it would much discourage the Ministers of State there and expend the Monies of that Kingdom if upon every trifling business Complaints should be admitted in England And that if Justice were there denied by the Deputy it should be lawfull for any man to come over Secondly For the Proclamation That the same was builded upon the Statute of that Kingdom the 25 of Hen. 6. which contained the same Restraint verbatim Thirdly That Anno 1628. the Agents for the Irish Nation had Petitioned for the same from the King Fourthly That the Deputy Faulkland had set forth the same Proclamation Fifthly That he had the Kings express Warrant for it Anno 1634. which was read Sixthly That he had received the Warrant in January yet the Proclamation issued not out till September after Seventhly That the whole Council-Board of Ireland had not only condescended but also pressed him to it Eightly The Necessity of the Kingdom required the same for if the Gentlemen had the Ports open to go to Spain and their Scholars to Doway Rhemes or St. Omers it were likely that at their return they would put fire both in Church and State and produce very sad Events by practising to distemper both Ninthly He conceived that the King as great Master of the Family might restrain whom he pleased from departing his Kingdom without his privity and here it was not lawful for any to go from England without Licence how much more necessary was this from Ireland To the Proofs he answered First For Desmond he granted he was Restrained indeed but not for any Suit of Law betwixt them but because at that time he stood Charged with Treason before the Councel in Ireland for practising against the Life of one Sir Valentine Cooke Secondly For the Lord Roch he had often-times marvailed with what reason the man at that time could seek a Licence seeing he was a Prisoner for Debt in the Castle of Dublin and if he had granted a Licence to him then it had been a far more just Charge of Treason than now Thirdly For Marcattee he was afraid of his going to Spain and if he had intended to go for England and complain of himself he would not have refused him Liberty as he never did to any Fourthly That the Committy of Irish was not restrained by him and therefore did not concern him at all Fifthly That for Parry he was fined indeed but that it is expresly said in his Sentence that it was not for coming over without Licence as is suggested but for sundry contempts against the Councel-Board in Ireland Sixthly That he had Replied in the last Article a Remonstrance was no proof at all He concluded that he hoped the least Suspition of Treason could not accrue to him from the Article For Oppression or Misdemeanour when it was laid to his Charge he made no doubt but he should be able to answer it The same day a new man was hurried out against him Mr. Whitlock who havâ—ng past over the 17 and 18 Articles resteth on the nineteenth about the Oath administred to the Scots in Ireland and Charged thus That it
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 sâ—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 Beâ—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 â—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 Henâ—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 Prooâ— 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
Words but if the Demands were read perhaps they would imply nothing less and if so how otherwise to be answered but by the Sword all other Means being first assayed which is ever to be supposed For Sir Henry Vane's and Northumberland's Testimony about perswading of an Offensive War he said he remembred it very well and thought it as free for him to give his Opinion or an Offensive as they for a Defensive War Opinions said he if they be attended with Obstimacy or Pertinacy may make an Heretick but that they ever made a Traytor he never heard it till now nor under favour should I be an Heretick either said he for as I was then so am I now most willing to acknowledge my Weakness and correct my Errors whereof no man hath more or is more sensible of them than I my self yet if that Opinion of mine had been followed it might perhaps have spared us some Money said he and some Reputation too of which we have been prodigal enough For the last about the Ships it proves nothing but he would willingly confess that some Ships were there detained and that by himself and his own Direction as Vice Admiral of Connaugh but it was at the Command of the Lord Admiral the Earl of Northumberland and produced his Letter to that purpose To the English Proof He marvelled much how Sir George Ratcliff's Words could be put upon him Sir George though alledged 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 than Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my Friend Sir George as by a Proxy For his Brother He never knew him before so rash but that was nothing to him except they could prove a nearer Identity than Nature had instituted and that his Brother's Words and his were â—ll one yet withal he conceived that his Brother's Words might be very well understood of the Scots conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken something which is like a Prophesie To the Primate's Testimony with all Reverence to his Integrity be it spoken he is but one Witness 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 far this should be laid to a mans Charge let your Lordships judge Yea this seems to me against Humanity it self and will make the Society of men so dangerous and loathsom to us that our Dwelling Houses will be turned to Cells and our Towns to Defarts 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 Learnecer men should become Snares and Burdens to us by a curious and needless Fear yet if my Words be taken said he with all that went before and followed after I see no danger in it To the Lord Conway I may reply the same with this Addition That it is a very Natural Motion for a man to preserve himself every Greature hath this Priviledge and shall we deny it to Monarchy provided this be done in a lawful though in an extraordinary way This grain of Salt must be added to season all my Discourse To that of Sir Henry Vane of offering my Service to the King I thank him for the Testimony and think he hath done me much honour thereby but if he or any body else do suspect that his Majesty will employ me in unlawful Enterprizes I shall think them more liable to the Charge of Treason than my self To the subsequent Testimonies I shall not need to wrestle about them much only the last of Sir Henry Vanes pinches and lies sore upon me but to that which the Earl of Clare and I thank him for it hath said already give me leave to add this that the Testimony of one man is not a sufficient Witness nor can a man be Accused much less Condemned of Treason upon this and for that read the Stat. 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 Councel 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 Windebank they cannot be had Sir Henry Vane gives the Testimony I deny it four only remain First The Earl of Northumberlands Testimony which was read had declared expresly that he had never heard those words nor any like them from the Lord Strafford but he spake with great Honour and regard to the Kingdom of England Secondly the Marquess Hamilton who declared upon his Oath that he had never heard such words but that he had heard the Lieutenant often say that the King was to rule his Royal Power Candidè Castè that it would never be well for this Kingdom till the Prerogative of the Crown and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keep a correspondency between the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervail how these words rested only on the ears of Sir Henry Vane but my Lords said he 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 foot in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made clear by the Testimony of Northumberland the Oaths of Marquiss Hâ—milton 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 precident take sooting Westminster-hall shall be more troubled with Treason then with Common-Law look therefore to the Antecedents and Consequents of my Speeches and you shall find the state of the question clearly 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 Kingdom which acompts afterward to the Parliament The qualifications too in a lawful convenient and ordinary way so far 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 he not publicus inspector Regni Stands it not him in hand to do something on present necessities And that these were his words he often proved over and over again by the Marquess by the Lord Treasurer Cottington Sir Tho. Jermine My Lords what I have kept to the
Service The Lieutenant Replied First That though all the Charge were in the most strict and rigid way oâ— sence verified against him yet he could not conceive by what Interpretation of Law it could be rech't home to High-Treason and to that common objection that the Treason was not individual but Accumulative he replied that under favour he thought to that manner were as much as to say no Treason at all Because First That neither in Statute Law Common Law nor practise there was ever till this time heard of such a matter as Accumulative-Treason or a Treason-by way of Consequence but that it is a word newly coined to attend a Charge newly invented such an one as never was before Secondly That Treason was a thing of a simple and specificative nature and therefore could not be so by accumulation but either must be so in some or either of the Articles or else could not be so at all Thirdly He did conceive that it was against the first principles of Nature and false therefore could not be so by Accumulation but either must be so in some or each of the Articles or else could not be so at all That a heap or Accumulation should be and not be of Homo-genous things and therefore that which in its first being is not treasonable can never confer to make up an accumulative Treason Cumulus an heap of Grain so called because every or at last some of the individuals are grain if otherways an heap it may be but not an heap of Grain Just so perhaps these Articles may make up an heap of Felonies Oppressions Errors Misâ—demeanors and such like and to the thing it self I shall give an answer when under that name they shall be Charged against me but they can no ways confer to the making up of Treason unless some at the least be Treason in the Individual Secondly That the Testimonies brought against him were all of them single not two one way and therefore could not make Faith in matter of Debt much less in matter of Life and Death yea that it was against the Statute expresly to impeach a Man of High-Treason under the evidence of two famous Witnesses much less to adjudg and convince him upon attestation of one Thirdly To the Lord-Treasurers Testimony he did with all his heart condiscend unto it but upon shese grounds only that there was a present necessity of Money that all the Councel-Board had so voiced with him yea before himself and he always thought it Presumption in a Man not to follow the wiser and more judicious and that there was than a Sentence of the Star-Chamber for the right of paying Ship-Money for his part he would never be more prudent then his teachers nor give Judgment against the Judges and therefore he thought it not far amiss to advise the King for the collecting of that which by Law was his own in such a present and urgent necessity and although his opinion and it was no more had been amiss he hoped that though in case of Religion being attended with stubbornness and pertinacy it might come home to Heresie yet in his case opinion could not reach so far as Treason unless it be Treason for a Man to spake his Judgment freely when he is upon his Oath to do the same Fourthly For the words about fining he had already acknowledged in his general Answers to be true but with these qualifications that it was his opinion only that it was upon the refusal as he conceived of a just service that he had spoken them by no means to prejudice the Citizens but to make them the more quick and active in the Kings service that no ill consequence at all hapned upon them that they were words might have been spared indeed but innocently though suddenly spoken which he hoped might proceed from a Man of such a hasty and incircumspect humor as himself made so both by nature and his much infirmity of body without any mind at all to Treasen and that if all Chollerick expressions of that nature should be accounted treasonable there would be more suits of that kind fly up and down Westminster-Hall then Common-Law Fifthly To those words attested by the Alderman he positively denied rhem and hoped they should never rise up against him in Judgment because the Testimony was single and not positive but only to his best remembrance and that it was exceeding strange that not any one man neither of the Councel or other Aldermen were so quick to observe them but only Alderman Garway which he thought sufficient to nullifie that single Testimony except he could demonstrate himself to have some rare and singular faculty of hearing In the Close He desired the Lords from his misfortune to provide for their own safety and seriously to consider what a way was chalked out to ruin them both in their Lives and Estates if for every opinion given in Councel or words suddenly or hastily spoken they who are born to weild the great affairs of the Kingdom should be Arraigned and Sentenced as Traytors Then they went to the twenty sixth Article and Charged thus That the Lord Strafford having by his wicked advises exhausted the Kings Treasury did also Councel him First To imbase the Coin by an allay of Copper-Money Secondly To seize upon all the Bulloin in the Mint Thirdly That in discourse with some of the Aldermen about that business he had said the City was more ready to countenance and relieve the Rebels than the King and that the King of France did use to manage such businesses not by Treaties or Requests but by sending forth his Commissaries to take Accompt of Mens Estates accompanied with Troops of Horses The Proofs were First Sir Thomas Edwards who declared that in discourse with the Lord Strafford having remonstrated unto him that their goods were seized on beyond Seas because of the Money taken out of the Mint he told him that if the Londoners suffered it it was deservedly because they had refused the King a small Loan of Money upon good security and that he thought them more ready to help the Rebels than the King Secondly Mr. Palmer declared that he spake something about the King of France but whether with relation to England or not he did not remember Thirdly Sir William Parkise attested in the same words and withal that the Lord Cottington was then present and could declare the whole business Fourthly Sir Ralph Freeman declared that in a discourse with the Lord Strafford he had said that the servants in the Mint-house would refuse to work the Copper Money and he replied that then it were well to send those Servants to the House of Correction They closed the Charge That by such undutiful Councel and words he had given more then sufficient proof of his Design and purpose to subdue this Kingdom and subvert the Fundamental Laws and Priviledges of the same The Lieutenants Reply First That he had expected some proofs
Defence and Protection yeâ— though he had done it by himself alone yet he conceived he had so much power by his Commission causing the Commission to that effect to be read That albeit he should mistake his Commission and do some inferiour Act beyond it because Military proceedings are not alwayes warranted by the Common Law yet it should not be imputed as an Act of Treason to him And to this effect read a Statute of the Seventh of Henry the Second To the Proofs First Colonel Pennyman's Warrant or Sir Edward Osburnes it nothing concerned him and he doubted not but these worthy Gentlemen could justifie their own Act and that he had enough to do to answer his own Misdemeanors Secondly For Sir John Burrowes he was at Rippon when that Proposition was made Thirdly That as the Warrant so neither the Execution troubled him at all Fourthly For Sir William Ingram he was but a single Testimony and that such an one too as he could produce an Evidence to testifie he had mistaken himself in his Testimony upon Oath if it were not to disadvantage the Gentleman He concluded That he had done nothing in that Business but upon the Petition of that County the King 's special Command the Connivance at least of the Great Council and upon a present necessity for the Defence and Safety of the County And so much for Wednesday Upon Thursday the Committee for the Charge declared that they had done with all the Articles and were content to wave the last for Reasons best known to themselves only Sir Walter Earles added that he had some Observations to bring forth upon the two and twentieth Article which he conceived might do much to prove the Earl of Strafford's Designs for Landing the Irish Forces in England And they were First That in his Commission he had Power to Land them in Wales or in any part of England or in Scotland which were altogether superfluous unless there had been some purpose for the same Secondly That within two days before the Date of the Commission Letters were sent to the Lord Bridgewater and Pembroke from Sir Francis Windebank to assist the Earl of Worcester in Levying Forces for the Kings Service and these might be supposed to have intended a joyning with the Irish Thirdly That the Lord Ranelaugh at the raising of the Irish Army did fear such a Design as this Fourthly That the Town of Ayre in Scotland where the Lord Strafford pretended he would Land those Forces was fortified with a Bulwark a Garrison and Block house which would prohibit Landing there that the Earl of Argile's Bounds were divided thence by the Sea and that the Barr or Entry into the Town was very dangerous and shallow The Proofs were only the Reading of the Commission granted to the Lord Strafford The Lieutenants Reply First That his Commission was the same Verbatim with Northumberland's for England and and that it was drawn up by the Council-Board here and sent over unto him so no more Design in him than in the Gentlemen of the English Army nor no larger than that was put upon him Secondly That this was the first time he heard of any such Letters nor did they concern him more than any of the House Thirdly That he was not bound to purge the Lord Ranelaugh from all his Fears and that he had his own Fears too which God forbid should be Evidence of Treason against any man whatsoever Fourthly That it seemed the Gentleman had better Information from that Kingdom than himseâ—f yet he would be confident to say at Ayre there was never such a thing as a Block-House or Garrison But to remove all Scruples for indeed the Road or Landing-place is not there safe he declared that it was his intention to have Landed some Miles above Ayre and made only his Magazine of that Town To the Earl of Argiles Bounds he hoped the Gentleman knew they came not on foot out of Ireland but had Ships to wast and transport themselves and that one of his prime Houses Rosneth was within some few Miles of the same Frith The Lord Digby finding Sir Walter Earles on ground did handsomly bring him off and told the Lords that all their proofs for that Article were not yet ready and that this was a Superfoetation only of the Charge and that in such a Business ac the Plotting of Treason they must be content sometimes with dark Probabilities Then Mr. Glyn desired the Lieutenant to resume his Defence that they might give a Repetition of their Charge and so close the Process so far as concerned the matter of Fact He replied that in his Case all slackness is speed enough the matter touched him narrowly even in his Life and Estate yea in that which he esteemed above thâ—m both his Honour and Posterity and therefore he confessed he had no desire to ride post in such a Business That he knew the Gentlemen at the Bar if they were in his Case would think the time little enough except their more able Judgments could sooner dispatch the matter in hand and therefore he humbly intreated that that day might be granted to him for strengthening himself and recollecting his Thought and Spirits and to morrow he would be ready with his last Replies for himself which after a little Ceremony and Contestation was condescended unto by the House of Commons Upon Friday Morning about Eight of the Clock the Lieutenant of the Tower and my Lord's Chamber-Groom came to the Hall and gave information to the House upon Oath That the Lord Strafford was taken with an exceeding great pain and fit of the Stone and could not upon any conditions stir out of his Bed Mr. Glyn replied That it was a Token of his wilfulness not his weakness that he had not sent a Doctor to testifie the same The Lord Steward made answer that a Doctor could not be had perhaps so soon in a Morning nor was it possible for any Physician to give a certain judgment concerning a man's disability by the Stone because there is no outward Symptomâ— that appear Mr. Glyn excepted That if he did not appear upon Saturday Morning he should lose the privilege to speak in his own defence afterwards and they permitted to proceed The Lord Steward replied That the Lords had appointed four of their Number to go to the Tower and learn the just cause of his Stay and if by any means he were able he should be obliged to come then if not Humanity and common Equity would excuse him In the Afternoon it was reported that he was dead of which there can be no better reason given than the Humour and Genius of the Times that dally with nothing oftner than untruths and calumnies and certainly there are many men of shallow understanding and weak affections who either will not or cannot understand the Gentlemans worth but out of fearful and needless apprehensions are so desirous to hear of his Ruin
be answerable for all his Errors when they were to be charged upon him and to this noâ— of them should concur with greater alacrity than himself That he hoped none of theâ— would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concur with them to punish this man as a Traytor and desired therefore that they would think of some other way how the Business might be composed Nor should it ever be less dear to him though with the loss of His dearest Blood to protect the Innocent than to punish the Guilty At this the House of Commons startled and adjorned themselves till Monday divers censures are past upon the King's Speech even of those that lov'd His Honour some think he was drawn to this by a certain fore-knowledge of the Lords facility to give way to the Commons and that it was better to express himself then if by that means he could hinder the Sentence than to countermand the Execution thereof when it was passed and so draw all the envy upon himself Others are of opinion which is more probable that this hath been a Plot of the Kings bosome enemies to set him at odds with His Subjects that thereby they might Fish the more securely in these troubled Waters The reason is because it is very likely the Lord Strafford might have passed free by the Voices of the Lords but now howsoever the matter falleth out all the blame will be imputed to the King for if he be condemned it will be no thanks to the King if justified that will certainly be laid to the King too as who by His Threats and Menaces hath forestalled the Voices of his Nobility It is conceiv'd by wise men and such as wish no evil to my Lord Strafford that it had been far better both for the King and him to have first â—â—yed the utmost of the Lords for the King because it was both possible and probable that he might have gained the Declaration of the Lords for him if not it was time enough to Interpose His own Power afterwards for the Lord Strafford because it hath made the House of Commons a great deal the more pressing fearing by the King 's Peremptory Answer from whom in regard of the advantage of the times they expected nothing but a Concedimus omnia that there is some Plot under hand And these thoughts produced the late tumults of the Londoners of which more by and by And it is verily thought that for these two Reasons the Lieutenants seeming Friends but indeed real Enemies have put the King upon this way hoping thereby that the Lords should find occasion to pretend necessity of doing that which perhaps in regard of common equity or the King's displeasure they could nor durst have done howsoever Facta est alia the King is now so far ingaged that with respect to Honour and Conscience he cannot retire for if the Procedure be by a Legislative Power it falls directly upon him nor can he give his assent if by a Judiciary then must he either hinder the Execution or be said to have Charged himself with Injustice This hath produced strange alterations even the Marriage of the Prince of Orange done on Sunday last May the Second with ordinary Solemnity is now exceeding hateful to the Commons which so much before desired it some say the Precipitation of that Marriage Imports no good others that the Parliament had condescended to that Marriage but did not expect that Acceleration a third sort that the Party is mean enough if not too low for the King of England's Eldest Daughter all of them that the Dutch-men have offered Money to the King for a new Service of War and have thereby bought this Honour this is increased by the Landing of a Dutch-man who is to be Gentleman of the Kings Horse And shortly with us the Hollander will be no less odious than the Spaniard Oh the wonderful changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty means and to get the Reins cast about their own necks it ranges madly up and down nec modum tenens nec terminum nor is capable of subsistance till it hath lost it self and what it so much affects Liberty So Knives are put into the hands of Children who discern no danger but affect them for their splendor and glittering So Poyson into the Mouths of Fools which is judged only by the Taste and Sweetness But it seems the Judgment of this Kingdom cannot be prevented and because they have sinned against themselves by abusing their Plenty and Fatness it is the just Judgement of God that they be the Executioners of his Judgments upon themselves Before I tell you of Monday and Tuesdays Madness I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentices beset the Spanish Embassadors House neer Bishopsâ—gate threatning to pull it down and kill the Man the Mayor of London comes amongst them and with a great deal of pains persuaded them to retire home and afterwards entred into the Ambassador's House at his coming in the Ambassador desired him to pull down his Sword which was carried before him because he was now where the King of Spain had Jurisdiction That being done he told the Lord Mayor that in all his life time he had never seen such a barbarous attempt and desired to know whether England was a civil Nation or no where the Law of Nations was so monstrously violated The Mayor replied That they were of the base and rascally sort of People and intreated the Tumult might not be imputed to the Town The Ambassador answered That he could hardly acknowledge that to be a Town â—eâ— scarce a Society of Men where there was so little Civility and Government The Mayor told him That the people were discontent because Mass was said in his house The Ambassador replied That the English Ambassador had the free Exercise of his Religion at Madrid and that he would rather forgo his life than any of those Privileges due to him by â—action and the Law of Nations The Mayor answered They were the more incensed against him because the Londoners popishly affected were permitted to come into his house to Mass which was beyond both Law and Custom The Ambassador replied That if the Mayor would keep them without doors he would promise to send for none of them but if they came once within his doors he could not in preservation of his Conscience or his Master's Honour deny them either access to his Religion or safeguard to their Persons as far as in him lay Upon this a Guard was appointed to attend the Ambassador's house whether to keep out Papists or to preserve them that were within or to let in others is yet to be disputed The storm was quiet from thence 'till Monday when the people being inflamed again by the King's Speech
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 â—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 hatâ— 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 â—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
Morning The Crowd of People was neither great nor troublesome all of them saluted him and he them with great Humility and Courtisie both at his entrance and at his return therefore let Fame pretend what it please about the Malice and Discontent of the Multitude That if he pass the stroak of Justice they will tear him in pieces yet I see there is more in Rumor then in Sight and appearance and in this Report as in all others of this nature more is thrust upon the vulgar who seem as well fearful of Punishment as exempt from it for all their great number than they do justly deserve On Tuesday in the Morning he came accompanied as before to Westminster and having stayed in the Exchequer Chamber till nine of the Clock the King Queen and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge which was given the day before by a very ample Speech It is impossible to call to mind all the Hyperboles the Flashes and superlative Expressions that he used the main points were That it was a Treason far beyond the reach of words that he the Lieutenant a native Subject and a Peer of England the prime Governour of Ireland the Commander of his Majesties Forces and a Protestant in Religion should have in such an impious and gross manner recompenced his Majesties favours abused his goodness and drawn all his Dominions into hazard and perill of their Religion Lives Goods and Priviledges That one of these faults alone had been enough and too much for the fulfilling of the exorbitancy and wickedness of any one Man and that no Punishment could be thought upon sufficient to expiat Crimes of such a Transcendent nature The Lieutenant with no less Moderation and Wisdom than the other with heat and passion spake to his own defence and that with such a measure of Eloquence and Lively-hood that his very Enemies were affected with it and do mervailously report of it He modestly recounted his Services done to the King and Crown of England his endeavours for advancement as well of the Honour as Commodity of both Kingdoms in general but in particular that of Ireland How he had engreatned and advanced the Kings Revenues there Restored the Churches maintenance Suppressed the Outlaws established obedience to Royal Authority and impedited the Tyranny and Usurpation of greater ones over the Commons And for the effecting of all these Actions he mentioned himself the most weak and meanest Instrument with a wonderful Prudence in a middle way betwixt the affectation of baseness or dejectedness and Allegeance Master Pym after the close of his Speech told him that there were three new Articles adjoyned by an after search to his Charge and desired that he might presently Reply to the same Whereunto the Liutenant answered It was very strange that after the close of the Process and when matters were come to be scan'd and examined by proof that any new Charge should be given in Yet lest he should seem to decline the maintenance of his own Innocency and the just deâ—ence of his Honour he was most willing to hear them and have them alleaged provided that a convenient time might be assigned him to make his Replies against them as he had done to the other given in before But Master Pym excepted against this and told him that the House did conceive it to be dangerous to grant any farther Prorogation Upon this the Lords of the upper House who did not think it sit as yet to voice any particular in the audience of the House of Commons did retire themselves and after a pretty time of stay they returned and declared that they had found the Lieutenants suit to be equitable in desiring of further time for answering yet seeing the Articles themselves neither for number nor weight seemed to be of that importance but that he might furnish out a present Answer they thought it â—tting to grant no delay The Lieutenant then intreating them to pass by and pardon the weaknesses of his extemporary Answers desired to hear the Articles read which were these First That he had within these two years withdrawn Forty Thousand pound Sterling from the Exchequer in Ireland and imployed it to his own private uses Secondly That in the beginning of his Government the Garrisons in Ireland had been maintained by the English Treasury Thirdly That he had advanced Popish and Infamous persons as the Bishop of Waterford and others to the prime Roomes in the Church of Ireland To the first he answered That Thirty Thousand Pounds were set apart for the Kings late Service at his own most special and most peremptory Commands for which he produced the Kings own Letter already approved as his Acquittance at the Exchequer board in Ireland To the second That at the beginning of that Charge against him as ever before his time the Garrisons had been burthensome to the Kingdom of England but that he had so improved it and setled the Kings Revenue there that the like is not to be heard in all the times that are by past For which if the best endeavours of a Subject may justly expect any reward from his King and Country he craved leave to think that he rather deserved many thanks than the least Punishment To the third He attested all the Clergy in Ireland if ever he had taken upon him any particular medling in advancing their Church-men or whether he had done any thing concerning such Affairs but upon the special advise and desire of the best and wisest of their Number For his part when he befriended the Bishop of Waterford he conceived of him as a Man of Integrity and Learning fit for such an Imployment nor was there then the least suspition of those monstrous Impieties wherewith he was afterwards Charged that he had now justy suffered for the same and that he hoped they would not lay a necessity upon him to Prophecy and divine of the future Conditions and Deportments of Men For others of the Church suspected of Popery he knew none such but should answer to the Particulars so far as they concernd him when they should happen to be alleaged After this the House disolved for that night the Kings Majesty and the Prince having stayed all the time and the Lord Lieutenant was appointed to come thither again on Wednesday Morning at which time they are to proceed to the first Article to give an Oath to the Witnesses and to examine all the Proofs whereon the Process was Builded It will be a very hard matter for him to expect every Mans Testimony and to give his answers either for full satisfaction or diminution of all Objections which way of proceeding will spend at least a Fortnight if not a greater space of time yet it is thought the lower House are impatient of delays The expectations are exceeding various and different about the event of this great action some think it will be
impossible to escape the many and great accusation laid to his Charge Others and that the greater number too are of oppinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compass of Treason quod tam misere cupio ut non credam his adverse party is so great and so far interested both in point of safety and Honour against him that Flectere si nequeunt superos c. Nothing will be left unassayed that may accelerate his Ruin He hath all this time carried himself couragiously to the admiration and with all so moderately that it is to the great satisfaction of his very Enemies so that he seems neither dejected with fear nor to affect boldness with confidence but to carry himself with that constancy and resolution which his Innocency and brave parts do promise The Irish Commissioners here have hitherto abstained from giving in any Remonstrance against the Lieutenant and do still plead to have an immediate dependance from the King and not from the Parliament of England There was a Report that the Parliament of Ireland had sent a Protestation against the Act made the last year for the Kings Supply in his Expedition against the Scots as a thing which was violently in part and in part surreptitiously obtained from them but I have learned this to be an untruth I had almost forgotten one passage of Mr. Pym who in the aggravation of the Lieutenants faults had this Expression That he was like the Whore in the Proverbs He wiped his mouth and with a brazen face said he had done no evil To this the Noble Lord replied That he wished his Innocence might not be taken for Impudence That he hoped shortly to clear himself of all those foul Aspersions which his malicious Enemies had cast upon him and he was very confident that he should give the Honourable Houses full satisfaction concerning his Life hitherto and thought of nothing more hereafter than to retire himself from all publick Employments Mr. Pym gave at this a great shout and desired the House to take notice what an injury he had done to the Honourable House of Commons in calling them his Malicious Enemies Whereupon the Lieutenant falling down upon his Knees humbly besought them that they would not mistake him and withal gave a large Panegyrick of their most just and moderate proceedings protesting that if he himself had been one of the House of Commons as he had the Honour once to be he would not have advised them to have done otherwise against his dearest Friend but withal told them that he might justly say he had his own un-friends which he hoped in time to make known nor did he all this time speak one bitter word against Mr. Pim though justly incensed which hath infinitely advanced his Reputation I have been a daily hearer of these Proceedings against this great Personage now upon the Stage therefore do presume I can give a reasonable account thereof The Book of his Charge is extant in Print so it shall be needful for me only to name the Articles as they were canvassed and those designed by the House of Commons to be his Accusers which were these that follow The Names of his Accusers Pym Glin Maynard Whitlock Lord Digby St. Johns Palmers Sr. Walter Earles Stroud Seilden Hamden c One of these began the Speech the rest after their Colleague hath done follow in their turn so that he hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Mr. Glyn after a large Flourish on Wednesday told the Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article such a monstrous Crime could not be deprehended yet when all was conceived in the Mass and under one view he should be undoubtedly found the most wicked and exorbitant Traytor that ever was Arraigned at that Barr. He added That his Charge was for intending to subvert and change the Fundamental Laws Liberties and Priviledges of both the Kingdoms and to introduce an Arbitrary and Tyrannical Form of Government This he said could not appear but by the Fruits which were either in Expression or Action The Expressions were four First That before several Witnesses he had said at York That the King 's little Finger should beheavier to them than the Loyns of the Law To this the Lieutenant replied That having spoken sufficiently before to his Justification in general he would moreover add these few Words by their Favours That it strike him to the heart to be attached of such a wicked Crime by such Honourable Persons yea that it wounded him deeper in regard that such Persons who were the companions of his youth and with whom he had spent the best of his dayes should now rise up in judgment against him yet he thanked God for it it was not Guilt but Grief that so much troubled him He added That it was a wonder how he had gotten strength sufficient in such Infirmity of Body and such Anguish of Mind to collect his Thoughts and say any thing at all for himself But the Almighty God who knows him to be innocent had furnished him with some abilities to give Testimony to the Truth and to a good Conscience He therefore intreated that iâ— either in Judgment or in Memory he should at any time fail it might be imputed to his great Weakness And although the Gentlemen his Accusers should seem more ready in their Accusations than himself in his defence yet that might not prejudice his Cause who in very unequal terms had to do with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorick he doubted not might present many things to their view in a Mutiplying Glass He told them farther that for these many years he had been weary of publick service and that now it was his resolution after he had vindicated his Honour to retire himself and enjoy his much longed for privacy And yet he could not but tell them so much that it had been his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe Fruit fallen from the Tree than to be violently pulled from thence as a fruitless and unprofitable withered Branch To the Charge of Treason he said that under favour he conceived that although all the Articles contained in his impeachment were verified against him yet they would not all amount to Treason neither simple not accumulative For said he I do not understand by what Interpretation of Law the diversion of Justice can be called a Subversion of the same or the exceeding of a Commission the usurpation of a new Power To the particular he replyed that his words were cleerly inverted for that his expression was That the little finger of the Law if not supported by the Regal
upon him and by withdrawing so great Sums of Money from the Crown had weakned the King prejudiced the Subject of the Protection they were to expect from him and had been the cause that the extraordinary way of Impost and Monopolies had been undertaken for supplying of the Royal Necessity And that this Act therefore ought to be enough to make the Charge and Impeachment of High Treason laid against him The Lieutenants Reply was That he conceived he had given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would he spend time in vain Repetitions for the present Article though in all its parts it were granted to be true yet he could not perceive by what Interpretation of Law it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanor Oppression or Felony he made no doubt but he should be very able to clear himself abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions he was content to step so far out of the way as to give Answer First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchess of Buckingham or whether she had obtained a more eaâ—ie condition than the Duke her Husbands especially seeing that same was granted some years before his coming to that Government yet thus much he could say that the Dutchess had paid thirty thousand pound fine and therefore no marvail her yearly Rent was the less Secondly For the Book of Rates wherein the chief matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 three years before his going into Ireland and therefore it was exceeding strange in his apprehension now that could rise up in judgment against him Thirdly That he had his interest in the Customs by Assignation of a Lease from the Dutchess which was given her before his Government nor did he ever hear it alledged as a Crime of Treason for a man to make a good Bargain for himself Fourthly That not of his own accord but at the Kings special Command he had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customs might be improved for the Benefit of the Crown and the true value thereof discovered This he proved by the Lord Cottington and Sir Arthur Ingram Fifthly That when a new Book of Rates was recommended to man by the Council Board of England in the time of his Lease he so far preferred a fear he had That the Trade of Ireland might thereby be discouraged before his own Commodity as he presumed in all humility to refuse the said Book of Rates and tendred his Reasons thereof to the Kingdom and Council-Board of England Sixthly That he never understood that the Customes could aâ—â—e to those great Sums alledged but though they should yet his advantage was but â—mall for first dividing the fourteen thousand pounds he paid to the King then five parts of eight which was yearly given in upon Oath and that procured first by himself at the Exchequer-Board the other three parts 〈◊〉 ideâ— amongst four of them which were equal sharers in the Lease would not amount to any great Sum of Money And therefore except it were Treason for him to have â—mproved the Kings Revenue encouraged the Trade and refused the new Book of Rates he could in his own weak â—udgment discern none there nor could he think it a Crime for him to take an Assignation of a Lease granted before his time and to insist in the Book of Rates used before his coming over and therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries than as a thing spoken in good earnest by them The same day the Eleventh Article concerning Tobacco was Charged on by the same man Mr. Glyn after this manner That for the farther advancement of his Tyrannical and Avaritious Designs he had of himself established a Monopoly for the restraint of Tobacco in that Kingdom where they offered Five Particulars to the Proof First That he had restrained the Importation of Tobacco Secondly That in the mean time he had brought in a great quantity himself and sold the same at exorbitant Prices Thirdly That of Tobacco already imported he had forbidden any to be sold but was first sealed by his Officers Fourthly That upon a pretended Disobedience he had punished a great Number of People by Seizures Imprisonments Fining Whipping Pillory and such like cruel and inhumane Vsages Fifthly That by these means he had gained one hundred thousand Pounds yearly For Proof hereof First The Proclamation for restraining Tobacco was read Secondly The Proclamation about the Sealing of the same Thirdly Some Witnesses who declared that Ships had been restrained from Landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fifthly The Remonstrance of the House of Commons in Ireland declaring that the Earl had sold 500 Tun of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That he had sucked up the Blood and eaten up the Kings Liege-People and had by this one point of Oppression raised greater Sums to himself than all the Kings Revenue in that Kingdom extended unto And therefore was liable to the Crime of Treason for troubling the Peace and bereaving the People of their Goods who were entrusted into his Care and Government The Lieutenant's Reply was That his most secret Thoughts were conscious of nothing but of a sincere intention and endeavour to promote and advance the wellfare of that Kingdom and withal he conceived by their leaves that nothing in that Charge could have the least reference to Treason yet as he said before for removing of all prejudice he was content to answer First That long before his coming to Ireland the same restraint had been of Tobacco and the same Impost of eighteen pence per pound enjoyned by King James Secondly That at that time the Tradesmen for this Commodity paid but twenty pounds a year to the Crown for the Impost but now 400 l. Thirdly That the Parliament in Ireland 1628 had Petitioned to have this Impost setled by an Act of State for ever afterwards as a part of the Revenue of the Crown Fourthly That he had express Command from the King for issuing those Proclamations and therefore could not imagine more danger in them than in others for Monopolies in England in the worst sence Fifthly That the Proclamations were not put forth by himself alone but by the whole Councel-Board of Ireland Sixthly That for the Contract of Tobacco he was so tender of it that it was sent over hither and seen and approved of by the Councel-Board of England before it was condiscended to in Ireland For the Proclamations he told them it
At this the Lieutenant rose and humbly intreated the Lords no evidence should be received against him upon an Article of such importance but what might be thought authentique and such a one under favour he conceived that Copy not to be First Because no transcript but the Original only can make faith before the Kings Bench in a matter of Debt therefore far be it from them to receive a most slender Testimony in matter of Life and Death before the supream Judicatory of the Kingdom Secondly If Copies be at any time received they are such as are given in upon Oath to have been compared with the Originals which are upon Record such an one was not that Copy It was Replied by Master Glin for all of them spake as occasion served that the House had but the day before admitted Copies as Evidences much more should they do this when it was prosecuted by the Officer himself who best knew it having executed the same To this the Lieutenant answered that all other Copies ought to be received upon Oath to have been compared with the Original as right reason requireth but that this was not so and for the Officer himself proâ—ucing it that was the best Argument he could use why it should not be admitted For said he Master Savil may be charged with Treason for seising Men of War upon the Kings Subjects he hath nothing for his defence but a pretendedâ—Warrant from me Now what he swears to my prejudice is to his own advantage nor can a Man by any equity in the World be admitted to testify against another in suum justificationem The point seemed exceeding weighty and in effect was the groundwork of the whole Article which not proved nothing could evince him to have been accessary to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation between the sactions and above an hours stay they returned and declared that the Lords after mature deliberation had resolved that the Copy should not be admitted and desired them to proceed to other preoâ—s which after a little pause they did First the Lord Renelaugh affirms that he 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 he had seen such a Warrant under the Deputies Hand and Seal And so much for the proof For the Statute they alleaged one of Edward 3.6 that whosoever should carry about with them English Enemies â—sh Râ—bels or Hooded-Men and less them upon the Subject should be punished as a Traytor Another of Hen. 6.7 That whosoever should â—ess Men of War in his Majesties Dominions should be thought to make War 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 Judgment against him as a Traytor The Lord Lieutenants Reply was That in all the course of his Life he had intended nothing more than the preservation of the Lives Goods and welfare of the Kings Subjects and that he dared profess that under no Deputy more than under himself had there been a more free and un-interrupted course of Justice To the Charge he answered First That the Customes of Ireland differed exceedingly from the Customes of England and was clear by Cooks Book and therefore though sessing of Men might seem strange here yet not so there Secondly That even in England he had known Souldiers pressed upon men by the presidents of York 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 than these Sessings to this day in Scotland whereby the chief house of the owner is seized upon Thirdly That to this day there hath been nothing more ordinary in Ireland than for the Governours to appoint Souldiers to put all manner of Sentences in execution which he proved plainly to have been done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmot 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 sums of money between party and party so that he marvailed quâ fronte or with what boldness it could be 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 he knew twenty Souldiers Sessed upon a Man for refusing to pay sixteen shillings sterling Fourthly That in his instructions for executing his Commissions he hath express warrant for the same as were in the instructions to the Lord Faukland before him both of which were produced and read Fifthly That although all these presidents were not yet it were not possible to govern the Kingdom of Ireland otherwise which had been from all times accustomed to such summary proceedings Sixthly That no Testimony brought against him can prove that erer he gave warrant to that effect and for the Deeds of the Serjeant at Arms he did conceive himself to be answerable for it As for the Acts of Parliament he 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 Civil Law that where the King is not mentioned there he cannot be included But with all distance to his sacred Person be it spoken he conceived himself to be in his Master the Kings place for so his Commission did run in that Kingdom of Ireland Secondly The words of the Statute are not appliable to him for God knows he never went about in person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings own Souldiers enquiring in a customary way obedience to his Orders could in no construction be called Irish-Rebels English Enemies or Hooded-men Fourthly That the use and custom of the Law was the best Interpreter thereof and for that he had already spoken enough Fifthly That it favoured more of prejudice than 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 Sixthly That under favour he conceived for any Irish Custom or upon any Irish Statute he was to be judged by the Peers 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 be 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 Queen Elizabeth where expresly power is given to the Deputy of Ireland to sess and lay
was the height of his Tyranny not only to dominier over the Bodies but also over the Consciences of Men to which purpose he had enjoyned an Oath to the Scots in Ireland and because some out of tenderness of Conscience did refuse to take the â—ame he had fined them in great Sums of Money Banished a great number from that Kingdom called all that Nation Traytors and Rebels and said if ever he returned home from England he would root them out both Stock and Branch For Proof of this First Sir Jammy Mountgomery was produced who declared at large how that Oath was contrived Secondly Sir Robert Maxwell of Orchiardon who spake to the same purpose Thirdly Sir Jo. Clotworthy who declared that a great number had fled the Kingdom for fear of that Oath Fourthly One Mr. Samuel who deposed that upon the tenth of October 1638. He heard the Dâ—puty say these words that if he returned he would root them out Stock and Branch They Concluded That this was a point of the most Tyrannical and Arbitrary Government that before this time was ever heard of not only to Lord it over the Fortunes but also over the Souls of Men. And that it rested only in the Parliament which hath the Legislative Power to enjoyne Oaths And that therefore this was one of the chief points he had done against the Priviledges and Liberty of the Subject The Lieutenant Replied That every new Article acquainted him with a new Treason that if he had done any thing in all his life acceptable to the King and Countrey he conceived it to be this To these Particulars First He desired the Lord would call to mind the condition of those times no than pointing to my Lord Steward knows better than your Lordship who had then the chiefest place in his Majesties Service I would be very sorry to rub said he old Sores especially seeing I hope things are in a fair way to a firm Peace and I wish that I may not be deceived that is that it may be so only thus much I may say we had then greater fears and apprehensions in Ireland left the Scots in the Kingdom who were above one hundred thousand Souls might have joyned with their Countrey-Men at home for the disturbance of our Peace mean time we detected a Treason of Betraying of the Castle of Knockfergus to a great Man in that Kingdom whose name I now spare by one Freeman who upon the discovery was executed The Councel-Board therefore in Ireland resolved to prescribe the Scots an Oath whereby they might declare their discontent at their Countrey-mens proceedings and obliege themselves to the Kings Service but while we were about this they of their own accord come to Dublin to Petition for it and took it with a wonderful alacrity and heartiness so that it is a marvelous falshood for any man to say it was invented or violently enjoyned by me Secondly about the same time the same Oath verbum verbo was by the Councel of England prescribed to the Scots at London and else where which was no small encouragement to us in Ireland Thirdly I had said he which I never shewed because I had no need before this time a special Warrant from the King all Written with his own hand to that effect and when the King commands a matter not contrary to Law truly I said he do conceive it both contrary to Law and Conscience not to yield him all due obedience For the Proof brought against him there was nothing seemed to be of any moment but the words For the first words That he had called all the Nation Rebels and Traytors He said there was no proof at all nor indeed could there be any for if I had said it quoth he I had been perfectly out of my Witts And he thanked God such irrational-speeches used not to escape him He honoured that Kingdom very much because it was the native soil of our dread Soveraign his gracious Master and because he knew a part yea he hoped the greatest part of them had been and ever will be as loyal and dutiful to the King as any other of his Subjects and of those too who had subscribed that unhappy combination he knew a great many had done it against their hearts and wills and would be ever ready upon occasion to remonstrate the same by adhering to the Kings service So that this accusation was nothing but a wrestling and perverting hâ—s words and meaning of purpose to make him odious and irritate a whole Nation against him For the other words they were proved only by one Witness which could make no sufficient faith and that Witness too he would evince if not of perjury yet of a notable mistake For he had sworn positively that he had spoken these words the tenth of October whereas he was come out of Ireland into England the twelfth of September before and was at London the one and twentieth For thâ—se that had fled the Kingdom because of that Oath he knew none such and if they did they fled into Scotland which might sufficiently argue their Intentions and Resolutions For his part if they were not willing to give that Testimony of their Loyalty to their Prince although he had known of their Departure he would have been very loath to have kept them against their wills but should have been gladly rid of them and have made them a Bridge to be gone rather than stay Upon Monday Master Whitlock Proceeded to the 20 Article and told him that because the matter was intervenient consimilis nature they had resolved to joyne the five next Articles together because all of them tended to one point or period that is to shew what bad Design he had to have subdued the Kingdoms both of Scotland and England by force of Arms and to reduce them to that arbitrary Government he had lately introduced into Ireland The Lieutenant intreated that they would proceed according to the order prescribed by the House which was Article by Article He said five Articles were many the matter weighty his Memory Treacherous his Jugment weak It was bitterly replied my Master Glin that it did not become the Prisâ—ner at the Bar to prescribe them in what way they should give in their Evidences The Lieutenant modestly answered that if he stood in his place he would perhaps crave the like favour unless his abilities did furnish him with more strength than he could find in himself for his part he was contented they should proceed any way always provided they would grant him a competent time for Replying Then Whitlock went on and told the Lords that something in those Articles concerned the Scottish something the English Nation that which concerned the Scottish he reduced to five heads First That the Deputy had said at the Councel-Board that the Scots demands contained sufficient 〈◊〉 to perswade to an offensive War Secondly Thus the same demands did strike at the Root and Life of
about the two first particulars but did hear of none and that it was no small disadvantage to him to be charged with a great many odious Crimes by a Book Printed and flying from hand to hand through the whole Kingdom yet when they came to prove there should be no such thing laid against him Secondly About the Speeches He ingeniously confessed that some such thing might perhaps have escaped the dore of his lips when he saw their backwardness to his Majesties Service and as the times were then conditioned he did not think it much amiss to call that faction by the name of Rebels but yet he thought he had abundantly satisfied for that oversight if it was any at York For having understood there that the City of London were willing to make a Loan of Money he there before the great councel of the Peers expressed himself to this sence that the Londoners had sufficiently made up all their delays hitherto by their Act that the King was oblieged to their forwardness and that he himself should be as ready to serve them as any poor Gentleman in England About the other words he said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earl of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinal had given some such order as to leavy Money by forces this he said he only told the Lord Cottington standing by without the last application or intention concerning the English Affairs Cottington being examined upon this declared the same in the same manner Thirdly to Sir Ralph Freeman he said that his Testimony did not concern the Charge at all nor did he think any thing amiss in it though he had said it if the Servants of the Mint refused 〈◊〉 work according to directions they did deserve the House of Correction nor was it Treasonable to say the King might use that House for the Correction of his Servants as well as any Man in the Citty for theirs Fourthly He said that there was no great likelyhood that he had committed real Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had been fully verified and therefore in that as in all other Articles he reserved a power for his Councel to dispute in matter of Law They went to the Twenty seventh Article and Charged thus That immediately after his Appointment to be Lord Lieutenant to the Army here in England he shewed what Principles of Arbitrary Government lurked within his bosom for by his own immediate Authority without and against Law he had laid Impost of Money upon the Kings Subjects where they mention three Particulars First That he had imposed 8 d. per diem upon the County of York for entertaining the Trayned Bands there one whole Month. Secondly That they had sent out Warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That he said that it was a Crime nigh to the Crime of high Treason not to pay the saâ— Fourthly They added that in his general Replies he had brought two things for his defence first that this mony was freely and voluntarily offered by those in York-shire secondly that the great Councel of the Peers had notice of the same To the first they answered that a Petition was indeed preferred by the York shire men and a Month pay offered but that the Lord Srafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby he evidently declared what little â—nclination he had to that way To the Second They appeal'd to all the Lords present whether any such Order did pass before the Council of the Peers at York The Proofs were First A Warrant issued by Colonel Pennyman for this Money and another by Sir Edward Osborne Secondly Mr John Burrowes who declared that he was Clerk to the great Council but did remember of no Order and withal added that it might have passed at that time when he attended at Rippon Thirdly Mr. Dunston who declared that he had known that Money levied by some Musqueteers Fourthly By Sir William Ingram who declared that he had heard the Lieutenant say that to refuse the same came nigh to the Crime of High Treason The concluded the Charge That by these Particulars it was more than evident what unhappyâ— Purposes and Trayterous Designes he had to subdue this Kingdom and subvert the Fundamental Laws and Priviledges First To the Petition That it was a true Petition drawn up by the York-shire Gentlemen and as true that he had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties coming to York it was thought necessary for the defence of that County to keep the Trayned Band on foot because the Enemy was upon the Borders and therefore the King directed him to write to all the Free-holders in York-shire to see what they would do for their own defence The Time and Place were designed by the King but the night before the Meeting a small Number convented and in a private and factious way did draw up that Petition upon the morrow at their appointed Diet in presence of the whole Number the Petition was presented to him where he did advise them to leave out that Clause and that because he knew the King out of his own Gracious Disposition had intended to call a Parliament which he desired should rather be freely done than upon the constraint and importunity of Petitions moreover it would seem a Mercenary thing in them at one and the same time to offer a Benevolence and withal to Petition for his Favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of Mouth to offer unto the King the Months pay in their Names which he did accordingly in the presence of Forty of them to their no small advantage This he proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savil Sir Thomas Danby who all of them declared as much in ample terms and withal added That nothing was done upon better grounds of Necessity and Obedience than the Offer of â—hat Money and that they never had heard any man grudge against it to this time For the Second about the Council of Peers he alledged that he never made mention of any Order of theirs but he remembred very well it was twice propounded before them that the King had approved it at that time a just and necessary Act and none of the Council had contradicted it which he conceived as a tacit approbation and an Order in Equivalence But though that had not been yet there was nothing done in the Business but at the special desires of the Gentlemen themselves and for their necessary