dependence 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 yeere for the Kings supply in his Expedicion against the Scots as a thing which was violently in part and in part surreptitiously obteined from them But I have learned this to be an untruth I had almost forgotten one passage of Master Pym who in the aggravation of the Lieutenants faults had this expression That hee was like the Whore in the Proverbs Hee wiped his mouth and with a brazen face said hee had done no evill To this the noble Lord Replyed That he wished his Innonocence might not be taken for Impudence That hee hoped shortly to cleere himselfe of all those foule aspersions which his malicious Enemies had cast upon him And hee was very confident that he should give the honorable Houses full satisfaction concerning his life hitherto and thought of nothing more hereafter then to retyre himselfe from all publique imployments Master Pym gave at this a great shout and desired the House to take notice what an injury he had done to the hnnourable 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 withall gave a large Panaegyrique of their most just and moderate proceedings protesting that if hee himselfe had been one of the house of Commons as hee had the honour once to be he would not have advised them to have done otherwise against his deerest friend But withall told them that hee might justly say he had his owne un-friends which hee hoped in time to make known nor did hee all this time speake one bitter word against Master Pym though justly incensed which hath infinitely advanced his Reputation I have beene a daily hearer of these Proceedings against this great Personage now upon the Stage therefore doe presume I can give a reasonable account thereof The book of his Charge is extant in print so it shall be needefull for me only to name the Articles as they were canvased and those designed by the House of Commons to be his Accusers which were these that The names of his Accusers follow Pym Glin Maynard Whitlock Lo. Digby St. Johns Palmers Sr. Wa. Earles Sâ—roud Seilden Hampden c. One of these began the speech the rest after their Colleague hath done follow in their turne so that hee hath all of them to wrestle against and yet sufficiently able for them all though by his agitation his Spirits are much exhausted Master Glyn after a large flourish on Wednesday told the Wednesday Lords That the Lord Strafford was impeached not with simple but accumulative Treason For though in each particular Article Glyns Chaâ—ge such a monstrous Crime could not be deprehended yet when all was conceived in the Masse and under one view hee should be undoubtedly found the most wicked and exorbitant Traytor that ever was arraigned at that Barre Hee added that his Charge was for intending to subvert and change the fundamentall Lawes Liberties and Priviledges of both the Kingdomes and to introduce an Arbitrary and Tyrannicall forme of Government This hee said could not appeare but by the fruits which were eyther in Expression or Action The Expressions were foure First That before severall witnesses hee had said at Yorke That Expres the Kings little finger should be heavier to them then the Loynes of the Laws To this the Lieutenant replyed That having spoken sufficiently before to his justification in generall hee would moreover add these few words by their Favours That it did strike him to the heart to be attached of such a wicked Crime by such honorable 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 judgement against him yet hee thanked God for it it was not guilt but griefe 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 minde to collect his thoughts and say any thing at all for himselfe But the Almighty God who knowes 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 if eyther in judgement or in Memory he should at any time fayle it might be imputed to his great weakenesse And although the Gentlemen his Accusers should seeme more ready in their Accusations then himselfe in his defence yet that might not prejudice his Cause who in very unequall termes had to doe with learned and eloquent Lawyers bred up a long time and inured to such judiciary pleadings and whose Rhetorik he doubtted not might present many things to their view in a multiplying glasse Hee told them farther that for these many yeeres hee had beene weary of publique service and that now it was his resolution after he had vindicated his honour to retyre himselfe and enjoy his much longed for privacy And yet hee could not but tell them so much That it had beene his hearty wish and desire rather voluntarily to have resigned his places of Honour like a ripe fruit falln from the Tree then to be violently pulled from thence as a fruitlesse and unprofitable withered Branch To the Charge of Treason he said that under favour hee conceived that although all the Articles conteined in his impeachment were verified against him yet they would not all amount to Treason neither simple nor accumulative For said he I doe 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 cleerely inverted for that his expression was That the little finger of the Law if not supported by the Regall Power in granting Pardons for poenalties of the same was heavier then the Kings Loynes That this was his expression hee verified First by the occasion for hee spake the words a long time since to some men who had layn imprisoned at Yorke and were then by the Kings favour set at Liberty whom hee incited to thankefullnesse by this expression towards his Majesty Secondly by witnesses produced by him In the examination of their witnesses hee convinced one of them of untruth by interrogating him where he was when the speech was heard and how farre distant from him when the man had replyed That he was twelve yards from him Hee answered that it was impossible for him to heare a man three yards off by reason of a deafenesse that had held him 14 yeeres which being found true the witnesse was rejected Another witnesse Sir David Foules was brought against him against whom he excepted as his known and professed enemy 't was
that hee used the maine points were That it was a Treason farre beyond the reach of words that hee the Lieutenant a native Subject and a Peere 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 grosse manner recompenced his Majesties favours abused his goodnesse and drawne all his Dominions into hazard and perill of their Religion Lives Goods and Priviledges That one of these faults alone had beene enough and too much for the fullfilling of the exorbitancy and wickednesse 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 lesse moderation and wisdome then the other with heate and passion spake to his owne defence and that with such a measure of Eloquence and Lively-hood that his very Enemies were affected with it and doe mervailously report of it Hee modestly recounted his services done to the King and Crowne of England his endavours for advancement as well The Lieutenants Answere of the Honour as Commodity of both Kingdomes in generall but in particular that of Ireland How he had engreatned and advanced the Kings Revenues there Restored the Churches maintenance Suppressed the Out-lawes established obedience to Royall authority and impedited the Tyranny and Usurpation of greater ones over the Commons And for the effecting of all these Actions hee mentioned himselfe the most weake and meanest Instrument with a wonderfull Prudence in a middle way betwixt the affectation of basenesse or dejectednesse and Allejance Master Pym after the close of his Speech told him that there were three new Articles adjoyned by an after search to his Three new Articles Charge and desired that he might presently Reply to the same Whereunto the Lieutenant answered It was very strange that after the close of the Processe and when matters were come to bee scan'd and examined by proofe that any new Charge should bee given in Yet lest he should seeme to decline the maintenance of his owne Innocency and the just defence of his Honour hee was most willing to heare 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 fit as yet to voyce 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 bee of that importance but that he might furnish out a present Answere they thought it fitting to grant no delay The Lieutenant then intreating them to passe by and pardon the weakenesses of his extemporary Answeres desired to hearâ— the Articles read which were these First That hee had within these two yeeres withdrawne forty thousand pound sterling from the Exchequer in Ireland and imployed it to his owne private vses Secondly That in the beginning of his Government the Garrisons in Ireland had been maintained by the English Treasury Thirdly That hee 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 hee answered That thirty thousand pounds were set apart for the Kings late service at his owne most speciall and most peremptory Commands for which he produced the Kings owne Letter already approved as his Acquittance at the Exchequer boord in Ireland To the second That at the beginning of that Charge against him as ever before his time the Garrisons had beene burthensome to the Kingdome 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 endeavors of a Subject may justly expect any reward from his King and Country hee craved leave to thinke that hee rather deserved many thanks then the least punishment To the third Hee 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 affaires but upon the speciall advise and desire of the best and wisest of their number For his part when hee befriended the Bishop of Whaterford hee 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 justly suffered for the same and that hee 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 hee knew none such but should answere to the Particulars so far as they concernd him when they should happen to be alleaged After this the House dissolved for that night the kings Majesty and the Prince having stayed all the time and the Lord Lieutenant was appointed to come thither againe on Wednesday morning at which time they are to proceede to the first Article to give an Oath to the witnesses and to examine all the Proofes whereon the Processe was builded It will be a very hard matter for him to expect every mans testimony and to give his answeres eyther 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 delayes The expectations are exceeding various and different about the event of this great action some thinke it will bee impossible to escape the many and great accusations laid to his Charge Others and that the greater number too are of opinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compasse of Treason quod tam misere cupio ut non credam his adverse party is so great and so farre interessed both in point of safety and honour against him that Flectere si nequâ—unâ—â—uâ—eros c. nothing will bee left unassayed that may accelerate his Ruine He hath all this time carried himselfe couragiously to the admiration and withall so moderately that it is to the great satisfaction of his very enemies so that he seemes neither dejected with feare nor to affect boldnesse with confidence but to carry himselfe with that constancy and resolution which his Innocency and brave parts doe promise The Irish Commissioners here have hitherto absteined from giving in any Remonstrance against the Lieutenant and doe still pleade to have an immediate
hee had Strafford's Reply given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would hee spend time in vaine Repetitions for the present Article though in all its parts it were granted to be true yet hee could not perceive by what Interpretation of Lawe it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanour Oppression or Felony hee made no doubt but hee should bee very able to cleere himselfe abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions Hee was content to steppe so farre out of the way as to give answere First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchesse of Buckingham or whether she had obteined a more easy Condition then the Duke her husband especially seeing that same was graunted some yeeres before his comming to that Government yet thus much hee could say That the Dutchesse had paid thirty thousand pound fine and therefore no mervaile her yeerely rent was the lesse Secondly For the booke of Rates wherein the chiefe matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 3 yeers before his going into Ireland and therefore it was exceeding strange in his apprehension how that could rise up in judgement against him Thirdly That hee had his Interest in the Customes by Assignation of a Lease from the Duchesse which was given her before his Government nor did hee ever heare it alleaged as a Crime of Treason for a man to make a good bargaine for himselfe Fourthly That not of his owne accord but at the Kings speciall Command hee had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customes might bee improved for the benefit of the Crowne and the true value thereof discovered This hee proved by the Lord Cottington and Sir Arthur Ingram Fiftly That when a new booke of Rates was recommended to him by the Councell-Board of England in the time of his Lease he so farre preferred a feare hee had That the Trade of Ireland might thereby be discouraged before his owne Commodity as hee presumed in all humility to refuse the said book of Rates and tendred his Reasons thereof to the Kingdome and Councell-Board of England Sixtly That hee never understood that the Customes could arise to those great summes alleaged but though they should yet his advantage was but small for first dividing the fourteene thounds hee paid to the King then five parts of eight which was yeerely given in upon Oath and that procured first by himselfe at the Exchequer Board the other three parts divided amongst foure of them which were equall sharers in the Lease would not amount to any great summe of money And therefore except it were Treason for him to have improved the Kings Revennue encouraged the Trade and refused the new booke of Rates hee could in his owne weake judgement discerne none there nor could hee thinke it a Crime for him to take an Assignation of a Lease graunted before his time and to insist in the booke of Rates used before his comming over And therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries then as a thing spoken in good earnest by them The same day the eleventh Article concerning Tobacco was Charge Aâ—tic 11. Charged on by the same man Master Glyn after this manner That for the farther advancement of his Tyrannicall and Avaritious Designes hee had of himselfe established a Monopoly for the restraint of Tobacco in that Kingdome where they offered five particulars to the proofe First That hee had restrayned the Importation of Tobacco Secondly That in the meane time hee had brought in a great quantity himselfe and sold the same at exorbitant Prizes Thirdly That of Tobacco already imported hee had forbidden any to bee sold but what was first sealed by his Officers Fourthly That upon a pretended disobedience hee had punished a great number of People by Seizures Imprisonments Fineing Whipping Pillory and such like cruell and inhumane usages Fiftly That by these meanes hee had gayned one hundred thousand pounds yeerely For Proofe hereof First The Proclamation for restrayning Tobacco was read Secondly The Proclamation about the sealing of the same Thirdly Some witnesses who declared that Shippes had beene restrayned from landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fiftly The Remonstrance of the House of Commons in Ireland declaring that the Earle had fold 500 Tunne of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That hee had sucked up the blood and eaten up the Kings Liege-people and had by this one point of Oppression raysed greater summes to himselfe then all the Kings Revenue in that Kingdome extended unto And therefore was lyable 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 Lievetenantss Reply was That his most secret thoughts were conscious of nothing but Straffords Reply of a sincere intention and indeavor to promote and advance the well-fare of that Kingdome And withall hee conceived by their leaves that nothing in that Charge could have the least referrence to Treason yet as hee said before for removing of all prejudice he was content to answere First That long before his comming 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 Trades-men for this Commodity paid but twenty pounds a yeere to the Crowne for the Impost but now 4000 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 Crowne Fourthly That hee had expresse command from the King for issuing those Proclamations and therefore could not Imagine more danger in them then in others for Monopolies in England in the worst sence Fiftly That the Proclamations were sent forth not by himselfe alone but by the whole Councell-Board of Ireland Sixtly That for the contract of Tobacco hee was so tender of it that it was sent over hither and seene and approved of by the Councell-Board of England before it was condiscended to in Ireland For the Proclamations Hee told them it was his own opinion and if hee failed in it hee humbly craved pardon and hoped that it should not bee Treason to have no more judgement then God had bestowed on him that the King was indued by God with a power to make temporary Lawes and cause the same to be promulgated for the good of his People upon suddaine emergent occasions to which Lawes obedience is due till
A BRIEFE AND PERFECT Relation Of the Answeres and Replies of THOMAS Earle of Strafford To the Articles exhibited against him by the House of COMMONS on the thirteenth of Aprill An. Dom. 1641. LONDON Printed 1647. To the Reader READER HAVING imployed the Author of this Tteatise to make these Collections for my private information And finding them to bee beneficiall for the Publique I durst not wrong Posterity and my owne Conscience to conceale them for my owne use without imparting them to the good of others For the solemn-Triall therein described is so Paramount in the Equipage of all Circumstances that as former Ages have been un-able so future are un-likely to produce a paralell thereof As for the Person himselfe who as a cunning Master of Defence waved the thrusts of such skilfull and powerfull Adversaries Take his Character in this Bookefrom his owne Mouth seeing otherwise whatsoever may be spoken of him is beneath what was spoken by him So that instead of other Monopolies laid to his Charge hee may seeme most guilty of ingrossing so much Worth and Ability into his owne Bosom Behold here a Garden of the most and best Varieties wherein points of Lawe are interwoven with Acts of State and the affaires of Ireland as in the same Fscutcheon quartered with those of England Herein nothing false is Reported nothing triviall is Observed nothing memorable is Omitted for the Net of his Diligence was so cunningly and carefully spread over all the Transaction that if any passage escaped his notice it may bee concluded so small as inconsiderable to bee observed The Paines in Collecting Care in Preserving Cost in Publishing this Treatise are abundantly satisfied if my sincere-Intentions for the propagation of the Truth be welcomed with thy cordiall and candid acceptance thereof Thine S. R. THE Proceedings against THOMAS Earle of Strafford Lord Lieutenant of Ireland in the Parliament at Westminster An Dom. 1641. SIR YOu have here the Diurnall of the whole Processe against the Lord Lieutenant of Ireland it was taken by the hand of a ready writer a faithfull eare 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 whereof a Cabinet inclosed about with boards and before with a Tarras Before that were the seats for the Lords of the upper House and sacks of wooll for the Judges before them ten stages of seates extending farther then the midst of the Hall for the Gentlemen of the House of Commons At the end of all was a Deske closed about and set apart for the Lord Lieutenant and his Councell On Monday morning about seven of the clock he came from Monday the Tower accompanied with six Barges wherein were one hundred souldiers of the Tower all with Partizans for his guard and fifty payre of Oares At his landing at Westminster there he was attended with two hundred of the trayned-Band and went in guarded by them into the Hall The entries at White-Hall King-streete and Westminster were guarded by the Constables and watch-men from foure of the clock in the morning to keepe away all base and idle persons The King Queene 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 practise of England in such Cases Others say that the Lords did intreate the King eyther to be absent or to be there privately lest pretentions might be made hereafter that his being there was eyther to threaten or some otherwaies to interrupt the course of Justice A third sort That the King was not willing to be accessary to the Processe till it came to his Part but rather chose to bee present that he might note and understand what Violence Rigour or Injustice happened When the Lieutenant entred the Hall the Porter of the Hall whose office it is asked Master Maxwell whether the Axe should bee carried before him or noe who did answere that the King had expresly forbidden it nor was it the custome of England to use that Ceremony but only when the Party accused was to bee 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 Saterday before did voluntarily decline the giving of their Suffrages in matters Criminall and of that nature according to the provision of the Cannon-Law and practise of the Kingdome to this day and therefore would not be present yet withall they gave in a Protestation that their absence should not prejudice them of that or any other priviledge competent to them as the Lords Spirituall in Parliament which was accepted The Earle of Arundell as Lord high-Steward of England sat apart by himselfe and at the Lieutenants entrie commanded the House to proceede Master Pym 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 Replyes 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 pulique before others that the formality of the Processe required no lesse however that day was spent in that exercise The Queene 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 recurne 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 hee them with great humility and courtesie both at his entrance and at his returne therefore let fame pretend what it please about the malice and discontent of the multitude That if he passe the stroake of Justice they will teare hâ—m in pâ—eces 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 seeme as well fearefull of punishment as exempt from it for all their great number then they doe justly deserve On Tuesday in the morning hee came accompanied as before to Westminster and having stayed in the Exchequer Chamber Tuesday till nine of the clock the King Queene and Prince came as before upon the first day Then Master Pym being called for aggravated the Charge Pyms first Charge which was given the day before by a very ample Speech It is impossible to call to minde all the Hyperbolees the Flashes and superlative Expressions
Copy not to bee First Because no transcript but the Originall only can make faith before the Kings Bench in a matter of Debt therefore farre bee it from them to receive a most slender testimony in matter of Life and Death before the supreme Judicatory of the Kingdome Secondly If Copies bee at any time received they are such as are given in upon Oath to have beene compared with the Originalls which are upon Record such an one was not that Copy It was Replyed by Master Glyn for all of them spake as occasion Glyns Speech served that the House had but the day before admitted Copies as evidences much more should they doe this when it was prosecuted by the Officer himselfe who best knew it having executed the same To this the Lievetenant answered that all other Copies Straffords Reply ought to bee received upon Oath to have beene compared with the Originall as right reason requireth but that this was not so And for the Officer himselfe producing it that was the best Argument hee could use why it should not bee admitted For said hee Master Savill may bee charged with Treason for seising men of warre upon the Kings Subjects hee hath nothing for his defence but a pretended Warrant from me Now what hee sweares to my prejudice is to his own advantage nor can a man by any equity in the world bee admitted to testify against another insuam justificationem The point seemed exceeding weighty and in effect was the Serjant Savils Coppy of the Commission rejected groundworke of the whole Article which not proved nothing could evince him to have beene accessory to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation betweene the factions and above an houres stay They returned and declared that the Lords after mature deliberation had resolved that the Copy should not bee admitted and desired them to proceede to other proofes which after a little pause they did First the Lord Ranelaugh affirmes that hee heard of such a Warrant and knew sometimes three sometimes five Souldiers Billeted by it Secondly Master Clare declares the very same Thirdly Another Deposeth hee had seene such a Warrant under the Deputies Hand and Seale And so much for the proofe For the Statute they alleaged one of Edw. 3 6. that whosoever should carry about with them English Enemies Irish Rebels or Hooded-men and sesse them upon the Subject should be punished as a Traytor Another of Hen. 6. 7. That whosoever should sesse men of warre in his Majesties Dominions should be thought to make warre against the King and punished as a Traytor They concluded It was evident the Lord Strafford had incurred the penalty and breach of both the Statutes and therefore desired the Lords should give out judgement against him as a Traytor The Lord Lieverenants Reply was That in all the course of his life hee had intended nothing Strafford's Reply more then the preservation of the Lives Goods and welfare of the Kings Subjects and that hee dared professe that under no Deputy more then under himselfe had there beene a more free and un-interrupted course of Justice To the Charge hee answered First That the Customes of Ireland differed exceedingly from the Customes of England and was cleere by Cookes book and therefore though sessing of men might seem strange here yet not so there Secondly That even in England hee had known Souldiers pressed upon men by the Presidents of Yorke and Wales in case of known and open Contempts and that both in point of Outlary and Rebellion and also even for sums of Debt between party and party there is nothing more ordinary then these Sessings to this day in Scotland whereby the chiefe house of the owner is seized upon Thirdly That to this day there hath beene nothing more ordinary in Ireland then for the Governours to appoint Souldiers to put all manner of Sentences in Execution which hee proved plainly to have beene done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmots Corks Evers and all preceding Deputies times And had even for Outlaries for the Kings debts in the Exchequer of Collection of Contribution money and which comes home to the point for peteet soms of money between party and party so that hee mervailed quâ fronte or with what boldnesse it could bee called an Arbitrary Government lately brought in by him To this the Lord Dillon Sir Adam Loftis and Sir Arthur Teringham deposed the last of whom told that in Faulklands time hee knew twenty Souldiers Sessed upon a man for refusing to pay sixteen shillings sterling Fourthly that in his instructions for executing his Commissions hee hath expresse warrant for the same as were in the Instructions to the Lord Faulkland before him both of which were produced and read Fiftly That although all these Presidents were not yet it were not possible to governe the Kingdome of Ireland otherwise which had beene from all times accustomed to such summary Proceedings Sixtly that no testimony brought against him can prove that ever he gave warrant to that effect and for the Deeds of the Sarjeant at Armes hee did conceive himselfe to be answerable for it As for the Acts of Parliament hee had reserved them to the dispute of his Lawyers but was content to say thus much for the present First That it is a ground in the Civill-Law that where the King is not mentioned there hee cannot bee included But with all distance to his sacred Person bee it spoken hee conceived himselfe to be in his Master the Kings place for so his Commission did run in that Kingdome of Ireland Secondly The words of the Statute are not applyable to him for God knowes hee never went about in Person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings owne Souldiers enquiring in a Customary way obedience to his Orders could in no construction bee called Irish-Rebells English-Enemies or Hooded-men Fourthly That the use and custome of the Lawe was the best Interpreter thereof and for that hee had already spoken enough Fiftly That it savored more of praejudice then equity to start out such an old Statute against him and none others though culpable of the same fact to the overthrow and ruine of him and his Posterity Sixtly That under favour hee conceived for any Irish Custome or upon any Irish Statute hee was to bee judged by the Peeres of Ireland Seventhly That Statute of what force soever was Repealed First By the tenth of Henry the seventh where it is expresly declared nothing shall bee reputed Treason hereafter but what is so declared by the present Statute now not a word there of any such Treason Secondly By the eleventh of queene Elizabeth where expresly power is given to the Deputy of Ireland to sesse and lay Souldiers although the same bee reputed Treason in any other To the Statute of Henry the sixt hee Replyed that a
slender answere might serve Hee hoped that no man would thinke him so inconsiderate to warre against the King of Britaine and Ireland by the sessing of five Souldiers that hee had beene charged by many for taking Armes for the King but to that time never for taking Armes against him And that he heartily wished that no man in all his Majesties Dominions had more practises with Rebels and Rebellious Designes against the King then himselfe So much for Thursday At the close he desired the intermission of a day that hee might recollect his spirits and strength against the next quarrell and with some difficulty obteined rest till Satterday Upon Saterday Master Palmer proceeded to the sixteenth Article and Charged thus That the Lord Strafford having established Saterday Charge Article 16 by Master Palmer a Tyrannicall and Independent Authority by giving summary Decrees and Sentences had deprived the Subject of all just Remedy for in that Kingdome there was none supreme to himselfe to whom they might appeale And lest their just grievances might be made known to his Majesty hee had obteined a Restraint that no Complaint should be made of injustice or oppression done there till the first addresse had beene made to himselfe and that no person should come out of that Kingdome but upon Licence obteined from himselfe For Proofe of this First The Instructions were read whereby that Restraint was permitted Secondly The Proclamation That all Noblemen Gentlemen Undertakers Officers or other Subjects that should resort into that Kingdome should not come from thence without a Licence from him Thirdly That hee had restrayned the Earle of Desmond because of a suit in Lawe depending betweene the Earle and himself till publication of the same was passed Fourthly That the Lord Roch being informed against before the Starre-Chamber he would not Licence him to come into this Kingdome till the Sentence was passed against him Fiftly That one Marcatee having pretended a minde to travell was denied a Licence Sixtly That the whole Committe for the Parliament was Restrained this last yeere by Deputy Wansford 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 returne for departing Ireland without Licence Eighthly That the Irish Remonstrance complained of this as the greatest innovation and thraldome put upon them since the time of the Conquest They concluded the Charge That by this meanes having taken off that intelligence which should hee betweene 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 hee had taken upon him a Royall and Independent Power and had faulted highly both against King and State The Lievetenants Reply was That he hoped to make it cleere that he had done nothing Straffords Reply in that particular but what was Usuall 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 publique actions to give a reasonable Accompt though not be free from much weakenesse yet certainly from all Malice and Treason To the Particulars First For Instructions laid upon him he was not so much Chargeable as those of the Councell of England whereof there was a great many present who could witnesse their commands But lest any thing should seeme unjustly enjoyned by them or embraced by him hee desired that the reasons of their Instructions might be read which were That it were In-justice to complaine of Injuries of Oppression done in that Kingdome till the first Deputies judgement were informed and tryall made of his Integrity that it would much discourage the Ministers of State there and expend the monies of that Kingdome if upon every trifling businesse Complaints should be admitted in England And that if justice were there denyed 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 Kingdome the 25 of Hen. 6. which conteined 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 Fiftly that he had the Kings expresse Warrant for it Anno 1634. which was read Sixtly That he had received the Warrant in January yet the Proclamation issued not out till September after Seventhly That the whole Councell-Board of Ireland had not only condiscended but also pressed him to it Eighthly The necessity of the Kingdome required the same for if the Gentlemen had the Ports open to goe to Spayne and their Schollers to Doway Rhemes or St. Omers it were likely that at their returne 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 restraine whom he pleased from departing his Kingdome without his privity and here it was not lawfull for any to goe from England without Licence how much more necessary was this from Ireland To the Proofes he answered First For Desmond He granted he was Restrayned indeede but not for any suit of Law betwixt them but because at that time he stood Charged with Treason before the Councell in Ireland for practising against the life of one Syr Valentine Cooke Secondly For the Lord Roch he hath often times mervailed with what reason the man at that time could seeke a Licence seeing he was a Prisoner for debt in the Castle of Dublin and if he had granted a Licence unto him then it had beene a farre more just Charge of Treason then now Thirdly For Marcattee he was afraid of his going to Spain and if he had told him that he intended to goe for England and complaine of himselfe he would not have refused him Liberty as he never did to any Fourthly That the Committee of Irish was not restrayned by him and therefore did not concerne him at all Fiftly That for Parry he was fined indeede 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 Councell-Board in Ireland Sixtly That he had Replyed in the last Article a Remonstrance was no proofe at all He concluded that he hoped the least suspition of Treason could not accrue to him from the Article For Oppression or Misdemeanor when it was laid to his Charge he made no doubt but hee should bee able to answere it The same day a new man was hurried out against him Mr. Whitlock Whitlooks Charge Article 19 who having past over the 17 and 18 Articles resteth on the nineteenth about the Oath administred to the Scotts in Ireland and Charged thus That it was
the height of his Tyranny not only to dominiere over Oath to Scotts in Ireland the Bodies but also over the Consciences of men to which purpose hee had enjoyned an Oath to the Scots in Ireland and because some out of tendernesse of Conscience did refuse to take the same hee had fined them in great sommes of money bannished a great nunber from that Kingdome called all that Nation Traytors and Rebells and said If ever hee returned home from England he would roote them out both stock and branch For Proofe of this First Sir JaÌ„my Mountgomery was produced who declared at lâ—rge how that Oath was contrived Secondly Sir Robers Maxwell of Orchyardon who spake to the same purpose Thirdly Sir Jo. Clotworthy who declared that a great number had fled the Kingdome for feare of that Oath Fourthly One Mr. Samuell who deposed that upon the tenth of October 1638. He heard the Deputy say these words That if hee returned hee would roote them out stock and branch They Concluded That this was a point of the most Tyrannicall and Arbitrary Government that before this time was ever heard of not only to Lord it over the Fortunes but also over the Soules of men And that it rested only in the Parliament which hath the Legislative Power to enjoyne Oathes And that therefore this was one of the chiefe points hee had done a gainst the priviledges and Liberty of the Subject The Lievetenant Replyed That every new Article acquainted him with a new Treason Straffords Reply that if hee had done any thing in all his life acceptable to the King and the Countray hee conceived it to bee this To these Particulars First Hee desired the Lords would call to minde the condition of those times no man pointing to my Lord Steward knowes better then your Lordshippe who had then the chiefest place in his Majesties service I would be very sory to rub said he old Sores especially seeing I hope things are in a fayre way to a firme Peace and I wish that I may not bee deceived that is That it may be so only thus much I may say we hâ—d then greater feares and apprehensions in Ireland lest the Scots in the Kingdome who were above one hundred thousand Soules might have joyned with their Country men at home for the disturbance of our Peace meane time we detected a Treason of betraying of the Castle of Knockfergus to a great man in that Kingdome whose name I now spare by one Freeman who upon the discovery was executed The Councell-Board therefore in Ireland resolved to prescribe the Scots an Oath whereby they might declare their discontent at their Country-mens proceedings and obliege themselves to the Kings service But while we were about this they of their own accord came to Dublin to Petition for it and tooke it with a wonderfull alacrity and heartinesse 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 vrrbum verbo was by the Councell 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 neede before this time a speciall Warrant from the King all written with his owne hand to that effect And when the King commands a matter not contrary to Law truly I said he doe conceive it both contrary to Law and Conscience not to yeeld him all due obedience For the Proofe brought against him there was nothing seemed to bee of any moment but the words For the first words That hee had called all the Nation Rebels and Traytors Hee said there was no proofe at all nor indeede could there be any for if I had said it quoth hee I had beene perfectly out of my witts And he thanked God such irrational-speeches used not to escape him Hee honoured that Kingdome very much because it was rhe native soyle of our dread Soveraigne his gracious Master and because hee knew a part yea he hoped the greatest part of them had beene and ever will be as loyall and dutifell to the King as any other of his Subjects And of those too who hâ—d subscribed that unhappy combination hee knew a great many had done it against their hearts and wills and would bee 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 his 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 witnesse which could make no sufficient faith and that witnesse too hee would evince if not of perjury yet of a notable mistake For hee had sworne positively that hee had spoken these words the tenth of October whereas hee was come out of Ireland into England the twelfth of September before and was at London the one and twentith For those that had sled the Kingdome 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 hee had known of their departure hee would have beene very loath to have kept them against their wills but should have beene gladly rid of them and have made them a Bridge to be gone rather then stay Upon Monday Master Whitlock proceeded to the 20 Article Munday Article 20 the next 5 crowded together and told him that because the matter was intervenieâ—t consimilis naturae 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 Designe he had to have subdued the Kingdomes both of Scotland and England by force of Armes and to reduce them to that arbitrary Government he had lately introduced into Ireland The Lievetenant intreated that they would proceede according to the order praescribed by the House which was Article by Article Hee said five Articles were many the matter weighty his Memory Treacherous his Judgement weake It was bitterly replyed by Master Glyn that it did not become Glyns Hony combe interposed the Prisoner at the Barre to praescribe them in what way they should give in their Evidences The Lievetenant modestly answered that if hee stood in Strafford's Reply his place hee would perhaps crave the like favour unlesse his abilities did furnish him with more strength then he could fiâ—de in himselfe for his part he was contented they should proceede any way alwaies provided they would grant him a competent time for Replying Then Whitlock went on and told the Lords that somthing in those Articles concerned the Scottish somthing the English Nation that which concerned the Scottish hee reduced to five heads First That the Deputy had said at
the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee answered by the Sword Thirdly That he had caused some Scottish goods and ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert Kâ—ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a disâ—ourse with the Primaâ—e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee had said that if the Parliament meaning the last Parliament should not grant a competent supply that then the King was acquitted before God and Man and might use the Authority put into his hands Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he could for his Majesties service and assistance His expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficulâ—y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared that he had heard the Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse because of the exceeding great Love he carried to the Man For the last which were the most dangerous speeches about the reducing of this Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of obedience nor upon Rebellious courses They at last concluded the Charge That the words were so monstrous that to aggravate them was to allay them and therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes did not much stick upon him for upon the suppositions first that the demands were true secondly that they were not justifiable thirdly that no other course could prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
expressions he had injured the propriety of the Subject and had put such dâ—scontent upon the City that they were the lesse willing upon any occasion to concurre for the advantage of the Kings service The Lievetenant Replyed First That though all the Charge were in the most strict Strafford's Reply and rigid way or sence verified against him yet hee 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 individuall but Accumulative hee replyed 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 coyned 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 eyther must be so in some or eyther of the Articles or else could not be so at all Thirdly Hee did conceive that it was against the first principles of Nature and false therefore could not be so by Accumulation but eyther must be so in some or each of the Articles or else could not be so at all That a heape or Accumulation should be and not be of Homo-geneous things and thrrefore that which in its first being is not treasonable can never confer to make up an accumulative Treason Cumulus an heape of Graine so called because every or at least some of the individuals are graine if otherwaies an heape it may be but not an heape of graine Just so perhaps these Articles may make up an heape of Felonies Oppressions Errors Mis-demeanors and such like and to the thinge it selfe I shall give an answere when under that name they shall be Charged against me but they can no waies conferre to the making up of Treason unlesse some at the least bee Treason in the Individuall 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 lesse 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 lesse to adjudge and convince him upon attestation of one Thirdly To the Lord-Treasurors testimony he did with all his heart condiscend unto it but upon these grounds only that there was a present necessity of money that all the Councell-Boord had so voiced with him yea before himselfe and he allwaies thought it presumption in a man not to follow the wiser and more judicious And that there was then a Sentence of the Starre-chamber for the right of paying Ship-money for his part he would never be more prudent then his teachers nor give judgement against the Judges And therefore he thought it not farre amisse to advise the King for the collecting of that which by Law was his owne in such a present and urgent necessity and although his opinion and it was no more had beene amisse he hoped that though in case of Religion being attended with stubbornnesse and pertinacy it might come home to Heresie yet in his case opinion could not reach so farre as Treason unlesse it be Treason for a man to speake his judgement freely when he is upon his oath to doe the same Fourthly For the words about â—ining he had already acknowledged in his generall Answeres to be true but with these qualifications that it was his opinion only that it was upon the refusall as he conceived of a just service that hee had spoken them by no meanes to praejudice 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 beene spared indeede but innocently though suddenly spoken which he hoped might proceede from a man of such a hasty and incircumspect humor as himselfe made so both by nature and his much infirmity of body without any minde at all to Treason And that if all Chollerick expressions of that nature should bee accounted treasonable there would be more suits of that kinde fly up and down Westminster-hall then Common-Law Fiftly To those words attested by the Alderman hee positively denyed them and hoped they should never rise up against him in judgement 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 Councell 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 himselfe 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 ruine them both in their lives and their estates if for every opinion given in Councell or words suddainly or hastily spoken they who are borne to weild the great affaires of the Kingdome 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 advices exhausted Charge Article 26 the Kings Treasury did also Councell him First To imbase the Coyne by an allay of copper-money Secondly To seize upon all the Bulloyne in the Mint Thirdly That in discourse with some of the Aldermen about that businesse he had said the City was more ready to countenance and relieve the Rebells then the King and that the King of France did use to mannage such businesses not by Treaties or Requests but by sending forth his Commissaries to take Accompt of mens Estates accompanied with Troopes of Horses The Proofes 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 mony 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 Loane of money upon good security and that he thought them more ready to helpe the Rebels then the King Secondly Mr. Palmer declared that he spake something about the King of France but whether with relation to England or not hee did not remember Thirdly Sir William Parkise attested in the same words and withall that the Lord Cottington was then present and could declare the whole businesse Fourthly Sir Ralph Freeman declared that in a discourse with the Lord Strafford hee had said that the servants in the Mint-house would refuse to worke the Copper mony And hee replyed that then it were well to send those servants to the house of Correction They closed the Charge
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke 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 Hee said that there was no great likelyhood that hee had committed reall 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 beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote 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 Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall 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 moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
his omnipotency upon extraordinary occasions the Lawes answerable to that potentia ligata in Creaturis must have place at other times And yet there must be a Praerogative if there must be extraordinary occasions the Propriety of the Subject is ever to be maintayned if it goe in equall pace with this They are fellowes and companions that have and ever must be inseparable in a well governd Kingdom and no way so fitting so naturall to nourish and entertayne both as the frequent use of Parliaments By those a commerce and acquaintance is kept betwixt the King and Subject these thoughts have gone along with me these fourteene yeerers of my publique employments and shall God willing to my Grave God his Majesty and my owne Conscience yea and all those who have beene most Accessory to my inward thoughts and opinions can beare me witnesse that I ever did inculcate this That the happinesse of a Kingdome consists in a just poize of the Kings Praerogative and the Subjects Liberty And that things would never goe well till They went hand in hand together I thanke God for it by my Masters favour and the providence of my Ancestors I have an estate which so interresseth me in the Common-wealth that I have no great minde to be a slave but a Subject nor could I wish the Cards to be shuffled over againe upon hopes to fall upon a better Set nor did I ever nourish such base mercenary thoughts as to become a Pander to the Tyranny and Ambition of the greatest man living no I have and ever shall aym at a fayr but a bounded Liberty remembring allwaies that I am a free-man yet a Subject that I have a Right but under a Monarch But it hath beene my misfortune now when I am gray-headed to be Charged by the Mistakers of the times who are now so highly bent that all appeares to them to be in the extreme for Monarchy which is not for themselves Hence it is that designes words yea Intentions are brought out for reall Demonstrations for my misdemeanors such a multiplying glasse is a praejudicate opinion The Articles conteine Expressions and Actions My Expressions eyther in Ireland or England My Actions eyther before or after these late stirres in this order he went through the whole Charge from the first Article to the last in an excellent Method and repeated all the summes and heads of what was spoken by him before only added in the twenty eighth Article if that one Article had beene proved against him it conteined more weighty matter then all the Charge besides And it had not only beene Treason in him but also vilany to have betrayed the trust of his Majesties Army Yet because the Gentlemen had beene sparing by reason of the times to insist upon that Article though it might concerne him much hee resolved to keepe the same Method and not utter the least expression that might seeme to disturbe the happy agreement intended though he wished the same might deceive his expectation only thus much he admired how himselfe being an Incendiary against the Scotts in the twenty third Article is now become their Confederate in the twenty eighth Article or how hee could be Charged for betraying New-Castle and for fighting with the Scots at Newbourne too seeting fighting with them was no possible meanes for betraying the Towne but to hinder their passage thither That hee never advised Warre farther then in his poore judgement concerned the very life of the Kings Authority and the safety and honour of his Kingdomes Nor saw hee what advantage could be made by a Warre in Scotland where nothing could be gained but many hard blowes For his part he honoured the Nation but he wished they might be ever under their owne Clymate and had no desire they should be too well acquainted with the better soyle of England but hee thought that Article had beene added in jest or as a supernumerary and he very little suspected to be reaconed a Confederate with the Scotts and wished as hee hoped it was that every English-man were as free from that imputation as himselfe closing his Defence with this speech My Lords You see what may be alleaged for this Constructive rather Destructive Treason For my part I have not the judgement to conceive that such a Treason is agreeable either with the fundamentall grounds of reason or Lawe not of Reason for how can that be Treason in the lumpe or masse which is not so in any of the parts Or how can that make a thing Treasonable which in it selfe is not so Not of Lawe since neither Statute Common-Lawe nor practise hath from the beginning of this Government ever mentioned such a thing and where my Lords hath this fire without the least appearance of any smoake lien hid so many hundred yeeres and now breakes forth into a violent flame to destroy me and my Posterity from the Earth My Lords do we not live by Lawes and must we be punished by Lawes before they be made Farre better were it to live by no Lawes at all but to be governed by those Characters of discretion and virtue that Nature hath stamped in us then to put this necessitie of Divination upon a man and to accuse him of the breach of Lawe before it be a Lawe at all If a Water-man upon the Thames split his Boate by grating on an Anchor and the same have a Buy appending to it he is to charge his owne Inobservance but if it hath none the owner of the Anchor is to pay the losse My Lords if this Crime which they call arbitrary-Treason had beene marked by any discerner of the Lawe the ignorance thereof should be no excuse for me but if it be no Lawe at all how can it in rigour or strictnesse it selfe condemn me Beware you doe not awake these sleeping Lions by the searching out some neglected Moth-eaten Records they may one day teare you and your Posterity in peeces It was your Ancestors care to chaine them up within the Baracadoes of Statutes be not you ambitious to be more skilfull and curious then your fore-fathers in the Art of killing My Lords it is my present misfortune for ever yours and it is not the smallest part of my griefe that not the Crime of Treason but my other sinnes which are exceeding many have presented me before this Barre and except your Lordships wisedomes provide for it it may bee the shedding of my blood may make way for the tracing of yours You your estates your Posterities lie at the stake If such learned Gentlemen as these whose tongues are well acquainted with such Proceedings shall be started out against you if your friends your Councell denied accesse unto you if your professed enemies admitted to witnesse against you if every word Intention or Circumstance of yours be sifted and alleaged as Treasonable not because of a Statute but because of a Consequence or construction of Lawyers peeced up in an high Rhetoricall straine and a
think otherwise unlesse they conceived him either to bee a foole or a Tyrant that he either could not or would not discern such wickednesse Hee was well content hee said with that Authority and Power which God had put into his hands nor should he ever thinke it his Praerogative to intrude upon the Propriety of the Subject For himselfe and his own Conscience hee said he was now to Declare That in his own judgement there was nothing in the Processe against the Lievetenant that deserved the censure of Treason Oversights and Mis-demeanors there were in such a measure that he confessed the Lord Strafford was never worthy hereafter to beare any Office in his kingdomes no not so much as of a Constable but was to be answerable for all his Errors when they were to be charged upon him and to this none of them should concurre with greater alacrity then himselfe That he hoped none of them would deny to give him the priviledge of the first Voice which was That he would never in heart nor hand concurre with them to punish this man as a Traytor and desired therefore that they would thinke of some other way how the businesse might be composed Nor should it ever be lesse deere to him though with the losse of his deerest blood to protect the Innocent then to punish the Guilty At the House of Commons startled and adjorned themselves till Monday divers censures are Past upon the Kings speech even of those that love his houour some thinke hee 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 expresse themselves then if by that meanes hee could hinder the sentence then to countermand the Execution thereof when it was passed and so draw all the envie upon himselfe others are of opinion which is more probable that this hath beene a plot of the Kings bosome enemies to set him at ods with his sujâ—cts that thereby they might sish 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 hee bee condemned it will bee no thanks to the King if Justified that will cerrtinly bee layed to the King too as who by his threats and menaces hath forestalled the voyces of his Nobilty It is conceived by wise men and such as wish no evill to my Lord Strafford that it had beene farre better both for the King and him to have first tryed the utmost of the Lords for the King because it was both possible and probable that hee migh have gayned 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 deale the more pressing fearing by the Kings Peremptorie answer from whom in regarde 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 Lievetenants seeming friends but indeede Reall enemies have put the King upon this way hoping thereby that the Lords should finde occasion to pretend necessity of doing that which perhaps in regard of common equity or the Kings dipleasure they could nor durst have done howsoever Facta est alia the King is now so farre engaged that with respect to honour and conscience hee connot retire for if the Praecedure bee by a legislative power It falls directly upon him nor can hee give his assent If by a Judiciary then must hee either hinder the execution or bee sayd to have Charged himselfe with Injustice This hath produced Strange alterations even the marriage of the Prince of Orenge done on Sunday last May the second with ordinary Solemnity is now exceedingly hatefull to the Commons which so much before desired it some say the Praecipitation of that marriage Imports no good others that the Parliament had condiscended to that marriage but did not expect that Acceleration a third sort that the party is meane enough if not too lowe for the King of Englands eldest Daughter All of them that the Dutch-men have offered mony to the King for a new service of warre and have thereby bought this Honour This is encreased by the landing of a Dutch-man who is to bee Gentleman of the Kings Horses And shortly with us the Hollander will bee no lesse odious then the Spanyard Oh the wonderfull changes of the untoward unconstant and giddy multitude How unhappy a time it is to know what Liberty meanes and to get the Rheins cast upon their own necks it ranges madly up and downe nec modum tenens nec terminum nor is capable of subsistence till it hath lost it selfe and what it so much affects Liberty So knives are put into the hands of children who discerne no danger but affect them for their splendor and glittering so Poyson into the mouâ—hs of fooles which is Judged only by the taste and sweetnesse But it seemes the Judgment of this Kingdome cannot bee prevented and because they have sinned against themselves by abusing their plenty and fatnesse It is the just judgement of God that they bee the executioners of his Judgements upon themselves Before I tell you of Monday and Tuesdayes madnesse I must tell you when and whence this fury hath its first motion Upon the Thursday before a great many Apprentises beset the Spanish Ambassadors house neere Bishops-gate threatning to pull it downe and kill the man the Mayor of London coms amongst them and with a great deale of paynes perswaded them to retire home and afterwards entred into the Ambassadors House at his comming in the Ambassador desired him to pull downe his sword which was carryed before him because hee was now where the King of Spaine had Jurisdiction That being done hee told the Lord Mayor that in all his life time hee had never seene such a barbarous attempt and desired to know whether England were a civill Nation or no where the Law of Nations were so monstrously violated The Mayor replyed that they were of the base and rascally sort of people and intreated the tumult might not bee imputed to the town the Ambassador answered that hee could hardly acknowledge that to bee a town yea scarce a society of men where there was so little Civility and Government The Mayor told him that the people were discontent because Masse was said in his house The Ambassodar replyed that the English Ambassador had the free exercise of his Religion at Madrid and that hee would rather forgoe his life then any of those priviledges due to him by Paction and the Law of Nations The Mayor answered they were the more incensed against him
of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged to be his bosom friend yet had thoughts of his own and might have some other thoughts in his bosom and be to some other Expressions then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse and in Law can prove nothing add to this said he that it was a private discourse between him and me and perhaps spoken by me tentandi gratia and how farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own conceptions or craving the advice of wiser and learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star of Hen 7. 12. and of Edw. 6. 5. Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councell which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly altered the Antecedents were upon an absolute or inevitable necessity upon a present invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is hee not publicus Inspector Regni Stands it not him in hand to do somthing on present