they must be sworn But that now I answer only to Treason If I were neither privy to the taking out of the Commission nor any way employed in the executing of it I Appeal unto your Lordships and the Gentlemen of the House of Commons Whether I can be charged as Criminal as to this Commssion or any thing that proceeds from it As for the Sentence against Sir Conyers Darcy it was Just and he complained not of it Of which I have a Copy and desire it may be read That from the first Institution of the Court of President and Council at York That Court had both a Star-Chamber and Chancery Power as will appear by all the Instructions before that time That if there be an Errour in a Judge so that he give a Sentence otherwise than a man of better understanding conceives reason for there is no cause it should be heightned to a Treason to take from him his Life and Honour and all he hath meerly because he was not so wise a man as he might have been nor so understanding as another And if this be prest on Judges I think few Judges will serve And for my part I had rather go to my Cottage as the Witness saith then serve on these Terms The Charge lays it to be done in May 8 Car. and divers years following and the Instructions came not in time till the 21st Mar. 8 Car. which I conceive to be a mistaking of the year That as to the Sentence of Sir Iohn Bourcher which is charged upon me but not insisted upon by the Gentleman I was no way acquainted with the beginning proceeding or ending of the Cause being all that while in Ireland so Your Lordships may observe with what uncertainty men may speak that do inform in such Cases That of the Commission the 13th of the King with which I am likewise charged as the Procurer of it I had no more knowledge than of that which was most forreign being at that time in Ireland and the Commission renewed of one of the Council in Fee I shall now descend to Proofs That the Commission 8 Car. was renewed upon Sir Iohn Meltons coming to be Secretary instead of Sir Arthur Ingram The Committee admitted it To the Testimonies given by the Witnesses I observe That Iohn Gore the first Witness speaks nothing to the renewing of the Commission but to his Fathers Commitment and that was in November but what year Non liquet But this is not within my Charge therefore I shall not Answer to that Though if it were in Charge I doubt not but in that and every thing else I shall give an account of an honest and just man not to say of a discreet and a wise man That for the Testimony of Iohn Musgrave it contains nothing within my Charge and I can say nothing to it but by way of Divination And he is but a single Witness And therefore I conceive shall hardly be able to convince any man of High Treason hardly of a Trespass That what Iohn Musgrave speaks of is grounded on a question of the Jurisdiction of Courts and one rule of our Law is Boni judicis est amplicare Iurisdictionem And why the enlarging of a Jurisdiction should be heightned to a Treason I Appeal to Your Lordships Nobleness Justice and Honour to consider for I think there are none in place of Judicature but they will desire to enlarge their Jurisdiction as far as in Reason and Justice they may And it is a chast Ambition if rightly placed to have as much Power as may be That there may be Power to do the more good in the place where a man lives For F. Thorpe's Testimony I observe That I have nothing to say to him of Exception but that he speaks nothing to the purpose nor to any thing in the Charge I being Charged with the Execution of the Commission 8 and 13 of the King and all he speaks of is precedent in time And what he says is by hear-say from Mr. Justice Hutton and Sir William Ellis I do not remember my Lord Gorings speaking to me about Mr. Thorpe it being 12 13 or 14 years ago I have put in my Answer and if that be not Impeached by Testimony of Witnesses as it is not I conceive it ought to be allowed I desire to produce Witnesses wherein I have Liberty but not to examine on Oath And first To the time of my going towards Ireland His Lordships Secretary being interrogated He Answered That his Lordship went from London 8 Iuly 1633. towards Ireland the 9th year of the King Mr. Railton To the time of his Lordships going towards Ireland said That 8 Iuly 1633. My Lord began his Journey into Ireland being the Ninth year of the King The Committee for the Commons admitted that he went over in Iuly 1633. To the time of my Lord of Straffords coming from York Mr. Thomas Little says His Lordship came from York in Ianuary was eight years and returned not to York till 1636. To his Lordships doing any act as President of York since the said New Commission of Octavo Caroli Mr. Thomas Little says That since the date of that Commission his Lordship never sate as President of the North in any Cause whatsoever His Lordship offered to prove his being in Ireland when Sir Iohn Bourcher was censured by the Vice-President and Council But the Commons not pressing his Lordship in that matter he said If it be granted I have done To the Earl of Straffords being in Ireland when the Commission 8 Car. was renewed Mr. Thomas Little Answered being questioned My Lord was in Ireland at that time he went over in 1636. having come over in November before and was not in England again till 1639. And so My Lords I conclude my Defence That I am charged only with procuring and executing the Commission And this Answer I humbly offer and submit Iohn Gore speaks particularly of the occasion of enlarging the Commission upon the Arresting of his Father That my Lord of Strafford fell on his Knees desiring from His Majesty an enlarging of his Power else that he might go home So going out of England in Iuly after the Commission answers to the Procurement that was before That which his Lordship hath answered to F. Thorpe That the things by him complained of were in the time before the Commission may be used as an Argument That he was privy to the Instructions We produce I. Musgrave only to shew my Lords Violence about Prohibitions before this Commission was procured He growing so high a little before That he would lay them by the Heels that brought the Kings Writ The Council were awed that they durst not demand Justice So that the procuring of it suited most with his Design That his Witnesses had little contradicted what the Witnesses for the Commons had said That whereas it is said the Charge is not Treason if the Fact shall appear to their
our Religion our King our Laws our Liberties all that can be near and dear unto an honest Soul in one universal and general desolation to defeat I say the Counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to be specially intrusted with the preservation of the whole and in their Conscience perswaded that the dangers are so eminent as they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves by making a Solemn Protestation and Vow unto their God that they will unanimously endeavour to oppose and prevent the Counsels and Counsellors which have brought upon us all these Miseries and the Fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves the better before God and Man Here the Protestation was read unto the Lords together with the Grounds and Reasons which induced the House of Commons to make it which are prefixed before it by way of Preamble The Kings Speech on Saturday last to both Houses being publiquely known in the City rumours were spread abroad concerning desperate Plots and Designs against the Parliament which occasioned multitudes of people to resort the Monday following being May 3. to both Houses of Parliament in such a Confluence as hath not been usual they tendred Petitions to both Houses crying Iustice Iustice against the Earl of Strafford and when the Houses arose they departed Tuesday the 4th of May the Lords desired a Conference with the Commons which was managed by the Lord Privy Seal who spake to this effect That the occasion of the Conference was so visible that he should not need to say more of it the multitudes without bespake the business and matter of it That which he had to say was by Command from the King to the Peers to be communicated to both Houses of Parliament That His Majesty takes notice that the People do assemble in such unusual numbers that the Council and Peace of the Kingdom may be thereby interrupted and therefore as a King that loveth Peace and taketh care that all proceedings in Parliament may be free and in a peaceable manner he desires that these Interruptions may be removed and wisheth both Houses to devise a course how the same may be done At the same time the Lord Privy Seal communicated to the Commons a Petition which the Lords had the day before received from the multitude of people that flock'd together in the Palace-yard which was to this effect THat whereas your Petitioners did yesterday petition for the redress of many Grievances and for the execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on foot to which your Lordships have this day given Answer that you have the same under present consideration Your Petitioners do render humble thanks But forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of Men not of the Hamblets as usually they were wont to do but consisting of other persons under the Command of a Captain a great Confident of the Earl of Straffords which doth increase their fears of the suddain destruction of King and Kingdom wherein your Lordships and Posterity are deeply interessed and this is done to make a way for the escape of the Earl of Strafford the grand Incendiary They humbly pray that instant course may be taken for the discovery thereof and that speedy execution of Justice be done upon the Earl of Strafford Whereupon the Lords sent six Peers of their House to the Tower to understand what truth there was in this Information and to demand of the Lieutenant who chose those men to be lodged in the Tower whether he was privy to it himself and what Order he had to receive them and what Captain was to Command them To the two first he said he was wholly ignorant and for the Third he said he had His Majesties Command to receive One hundred men into the Tower and Captain Billingsly to Command them and to receive only such men as he should bring unto him but now understanding their Lordships Order he did promise that no other Guard should come into the Tower unless it were the Hamblet-men The Lords did further declare at the Conference that they were drawing to a conclusion of the Bill of Attainder of the Earl of Strafford but were so encompassed with multitudes of People that their Lordships might be conceived not to be free unless they were sent home whose flocking hither was the only hindrance to the dispatching of that Bill and therefore desired the Commons to joyn with their Lordships to find out some way how this Concourse about both Houses might be avoided And then they debated the Protestation and passed it and took the same After that the Commons returned to the House Doctor Burgess was desired to acquaint the Multitude with the Protestation which both Houses had taken which being read by him and also made known unto them that the Parliament desired that they would return home to their houses they forthwith departed The said Protestation was afterward tendred to the whole Kingdom with this intimation that whosoever refused to take it should be noted as disaffected to the Parliament The Commons forthwith ordered the bringing in of a Bill for the continuance of this present Parliament that it might not be Dissolved without the consent of both Houses which was read the First and Second time and committed That day the Earl of Strafford writ this ensuing Letter to His Majesty May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to
of Mr. Peard shall be present at the several doors at the Entrance of the place appointed for the Members of the House by Six of the Clock and are directed and required by the House to admit none but such as shall bring Tickets of their Names and the Places for which they Serve and that none of the Members of the House shall be admitted to come in before those that are appointed to attend at the doors shall come and if any either Stranger or Member of the House shall offend this Order those who are appointed to attend this Service shall Report it to the House And it is further Ordered That all of the House shall be there by Eight of the Clock at the farthest and that such places shall be reserved for them who shall attend this Service as they shall find to be most proper and convenient for them 4. Ordered That the Serjeant at Arms shall attend within the Court and his Men without to be imployed in such Service as they who manage the Evidence shall appoint Sir Iohn Culpepper further Reported That the Speaker might be present in some private place and as a particular Member of this House but the Committee doth not think fit that the House should declare any Order in it Touching the Members of the House being covered at the Trial the Committee thinks it not fit for them to deliver any Opinion only they offer the difference that may be when both Houses meet or Committees of both Houses and the present Case where the Lords are to meet as a House and the Commons as a Committee of their House Resolved upon the Question That the House shall sit this Afternoon and shall meet at Two of the Clock Mr. Bellasis went up to the Lords with this Message To desire their Lordships That in regard this House is much straitned in time and hath great Affairs in hand and will sit this Afternoon and may have occasion of a Conference with their Lordships that they will be pleased to sit likewise The humble Petition of Thomas Earl of Strafford was this day read wherein he desires That he may make use of some Members of this House nominated in his Petition as Witnesses at his Trial and the House leaves those Members nominated in the said Petition to do therein as they shall please without their giving any offence to the House Mr. Martin is to go up to the Lords to desire a free Conference with their Lordships by the same Committee that was formerly appointed touching the matter of the last free Conference concerning the Trial of the Earl of Strafford Ordered That those Members of the House that are appointed to manage the Evidence at the Trial of the Earl of Strafford shall have Power if any Witnesses be produced for the Earl to ask if they have been sworn and if it shall appear that they have been sworn or if any shall be sworn at the Bar to forbear to proceed any further in the managing of their Evidence until they have resorted unto the House and have received further Order All the Orders that concern the Proceedings against the Earl of Strafford are required to be Copied out for the Service of the Committee The Names of the Members of the House of Commons appointed to manage the Evidence against Thomas Earl of Strafford at his Trial before the House of Peers upon an Impeachment of High Treason George Lord Digby Iohn Hampden Esquires Iohn Pym Oliver St. Iohn Esq shortly after Solicitor-General to King Charles the First Sir Walter Earle Knight Ieoffery Palmer afterwards Knighted and made Attorney-General to King Charles the Second Iohn Maynard Esq afterwards Serjeant at Law to King Charles the Second Iohn Glyn Esq Recorder of London afterwards Sworn one of the Council to King Charles the Second The Place 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 Arras before that were the Seats for the Lords of the Upper-House and sacks of Wooll 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 Counsel On Monday Morning March 22. 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 Whitehall Kingstreet and Westminster were guarded by the Constables and Watch-men 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 practise 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 other ways 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 observe and understand if any 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 Ax 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 House of Lords did sit with their Heads covered those of the House of Commons 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 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 Spiritual in Parliament which was accepted The Earl of Arundel as Lord High Steward of England sate apart by himself and at the Lieutenant's Entry Commanded the House to proceed 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 Replies were subjoyned and read
time or no. The Lord High Steward answered that their Lordships Commandment is to let his Lordship know That if the House of Commons proceed not by their Members to manage the Evidence this day then what his Lordship hath to say to this House may be put off to another time And so their Lordships Adjourned to the House above by which is meant the House where the Lords use to sit in Parliament and appointed the next morning to proceed in this business The Second day Tuesday March 23. 1640 THeir Lordships being set the Lord Steward recited in brief the proceedings of the day before adding that naturally and properly it belongs in the next place for those whom the House of Commons have deputed to manage their Evidence in pursuance of the Articles of Impeachment to begin the work of the day Then Mr. Pym one of the Committee appointed for the management of the Evidence began as followeth My Lords We stand here by the Commandment of the Knights Citizens and Burgesses now assembled for the Commons in Parliament And we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a Great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause strength and vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Iob to cast out their Sorrows Truth and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Uprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says he would endure any thing rather than be saved by Falshoood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under His Majesty he is bold to affirm That he hath been careful and faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of His Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Usurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Increase of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects He hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is
things are not proved when any thing we urged is contained under an Article for then he refers the proof when he comes to the Article as many things concerning the Lands of the Clergy will be made good in the proofs of the proper Article That he hath preferred many Divines that is no part of his Merit nor takes away his fault though it be true That for the Value of his living we never heard of it till on this occasion but be it small or great it is nothing to justifie my Lord of Strafford being offered to this purpose That though his Lordship were careful of the Lands of the Ministers He was not careful of the Ministers themselves in suffering a Groom to execute that high Function Ministers being not to be chosen according to the Quality of the Living but according to the Quality of the Function That for the matter of Monopolies if his Lordship do stop any he may stop them for sinister Reasons and Respects and however there is no Compensation doing his Duty in one thing not satisfying for Neglect in another And then concluded That what we have not now replied unto shall be made good in the Charge and ought not in their Lordships Opinion make my Lord of Strafford more plausible for the Charge shall be made good against him in the truth of the Fact and the Aggravation of it Hereupon the Court was Adjourned and the Committee directed to proceed to the Proofs conducing to the particular Charge the next Morning The Third day Wednesday March 24. 1640. Gentlemen YOU who are of the Committee to manage the Evidence against the Earl of Strafford I am to acquaint you Their Lordships have considered of that point of Sir Pierce Crosby his being examined as a Witness and my Lord of Straffords Exceptions and have resolved that he shall be Examined and that the Validity of his Testimony shall be left unto their Lordships Judgments Your Lordships have with great Patience attended the Charge that hath been read and the Answer and the Exceptions taken to the Preamble which my Lord of Strafford to ingratiate himself did make to the main of his Defence My Lords I shall repeat little of that that hath been said only pardon me if I say this to Your Lordships That wherein my Lord of Strafford answered to very many particulars yet to that one main he answered not which was principally objected against him which I therefore speak to put him in mind of it that if he can he may Answer And that is Your Lordships were pleased to hear the Complaint and Protestation of the whole Kingdom of Ireland read before you The principal of their Aim seems to be to take off the Extolling of my Lord of Strafford that himself or his Agents had put upon him in a Bill of Subsidies wherein indeed the Praise and Honour due to His Majesty was much Attributed to my Lord of Strafford which grieved the Parliament who would take it off and my Lord of Strafford is now willing to lay it down and he doth well to do so when he can keep it no longer when those from whom he took it by fraud or force would wrest it again from him I desire Your Lordships to remember and I am sure you will That the main of our Complaint is His alteration of the fundamental Laws against Will His introducing of new Laws at his Will and Pleasure This is not only the Cry but the Testimony of a whole Kingdom before Your Lordships of all the Lords and Commons of Ireland I shall not touch that which concerns breach of Priviledge of Parliament he would fain put that off on Sir George Ratcliffe his bosom Friend and put it off himself My Lord of Strafford Sequestred Sir Pierce Crosby from the Council his Vote went with it others joined with him but I am sure he moved it he concurred with it But now My Lords I humbly Address my self to that we are ready to maintain The Body of the Charge And because some time hath been spent between the reading of the Charge and the main of the Defence I desire leave to open what is the Nature what the Height and Quality of the Offence of which this great Lord stands Accused before you My Lords It is a Charge of the highest Nature that can be against a man A Charge of High Treason It is a Treason not ending and expiring in one single Act of a discontented Heart but a Habit a Trade a Mystery of Treason exercised by this Great Lord ever since the Kings Favour bestowed on him My Lords It hath two Evils to deprive us of that which is good that is to subvert and take away the fundamental the ancient Laws whereby we are secure of whatsoever we do enjoy it hath My Lords a positive Evil in it to introduce instead of that an Arbitrary Government bounded by no Laws but by the Evil Councels of such Ministers as he hath been My Lords It is the Law that gives that Soveraign tye which wâ— all Obedience and Chearfulness the Subject renders to the Soveraign It is the Law My Lords that gives Honours to the Lords and Nobles Interest Property and Liberty to the Subject My Lords The Law as it is the Foundation and Ground of all these hath its distribution in a course of Justice Justice is derived as by so many Channels by the several Courts of Justice whereby the Kings Justice for it is His is brought and conveyed to the Subject My Lords Of all this hath my Lord of Strafford endeavoured not only to put the Subject out of present Possession but to make him uncapable of the future Benefit of it Other Treasons yea a Treason against the Person of a Prince which is the most Transcendent and High Treason that can be fall short of this Treason For a good Prince may be gathered to His Fathers yet another may succeed Him that supports the Glory and Justice of His Throne We have had Experience of it When blessed King Iames was taken from us to Heaven Sol occubuit nox nulla secuta est But if any one such a design as this should take effect That the Law and Justice should be taken from the Throne and Will placed there we are without hope of ever seeing Remedy Power in so great a measure taken is not easily laid down unless it be by the exceeding great goodness of so merciful and just a Prince as we have My Lords The Particulars of this Treason are Conveyed to Your Lordships in 28 several Articles I shall shortly and briefly touch but the Heads of those on which I shall insist and give some distribution of them And I think the best way will be this To consider first what he did and what he said before he went into Ireland then what he did and said there and what he hath done since And in all of them you will find this his main design which I
I conceiving not material as to the Charge forbore to answer to them whereby I understand I have received some prejudice therefore I desire I may now give satisfaction therein being well able to do it We hope your Lordships remember your own Order We desire he may not have that allowed him to day which was not granted him Yesterday The Evidence having been given for His Majesty my Lord of Strafford having answered and the Commons Replied Touching which the Lord Steward declared that the due Course had been followed The Evidence being given for the King my Lord having Answered and a Reply made My Lord this is a Court of Honour which is a Rule to it self and no other Court is a Rule to it and therefore if any thing were omitted one day through want of memory your Lordships may in your Nobleness allow another Your Lordships being your own Judges and Rule and most fit it should be so I do therefore beseech your Lordships that I may have liberty to offer new matter formerly omitted else I shall be on great disadvantage being to answer on a suddain and had no time till Friday last to bring in Witnesses and many perhaps may come up before my Trial ends We desire in the Name of the Commons of England we may proceed according to the Rule propounded that his Lordship may not invert the course on pretence of new matter for then it will be impossible for us to make good the Charge Which was accordingly Resolved adding further that there hath been ostentation of more Evidence We desire it may make no Impression with your Lordships We shall open the Third Article containing very seditious words spoken by my Lord of Strafford in a publick Assembly to the Kings Subjects That Ireland is a Conquer'd Nation That the King may do with them what he pleaseth And speaking of the Charters of Dublin He said The Charters are nothing worth and binding the King no farther than he pleases I humbly desire My Lords that the Witnesses may stand in another Room from the Committee it being not usual in other Courts though I dare not offer any Court to be a Rule to this and that your Lordship will direct the question We have been sensible his Lordship hath been large in his Imputations We shall behave our selves as becomes us in duty we speak nothing to the Witnesses but what any man may hear and we must tell them what they must speak to and less we cannot do I am the loathest man in the World to speak any thing that may give offence in general or particular neither did I charge any only desired that they might stand clear and that the question might come immediately to them from your Lordship Robert Kennyday produced and sworn I humbly offer to your Lordships That this Witness hath been questioned for many Misdemeanors and extortion in execution of his Place as Remembrancer of the Exchequer and for this was sentenced and that he knew he wished his Lordship no great good and left it to their Lordships Whether he be a fit Witness adding it to be his Misfortune That all that have suffered under the Kings Justice in his Ministry are ready to be Witnesses against him My Lords if he be guilty of Extortion it follows not that he is therefore guilty of Perjury neither doth any thing stand proved But if he hath taken a sum of Money that makes him not to be believed when he gives Testimony Robert Kennyday being examined what words my Lord of Strafford spake in Dublin of Ireland Whether it was a Conquer'd Nation and what he said of the Charters of Dublin and when He Answered That 30. of September 1633. he was the Kings Remembrancer in Ireland and that day the new Mayor of Dublin was presented to my Lord. The Recorder of the City making a Speech touching the Presentment of the Mayor cited many of the Favors and Graces of the Kings and Queens of England and among the rest one Charter wherein he alledged was contained That no Lieutenant Deputy or Governor for the time being or any Justice or Justices could assess or lay any Souldiers on the City of Dublin without their consent That after the Recorder had made an end of Speaking my Lord Lieutenant was pleased to Answer him in many Particulars Among the rest he told them You are a Conquer'd Nation and the King may do to you what he pleases and for your antiquated Charters they bind nothing farther then pleases Him The Witness added some things to take off the Aspertions cast on him by his Lordship saying He was never brought to Censure Being asked on my Lord of Strafford's Motion Whether he said they were not void by misusage or the like He answered No truly Not a word that he heard Richard Earl of Corke produced and sworn I must profess My Lords my sorrow and unwillingness to speak my Exceptions to the Earl of Cork as conceiving him no competent Witness in respect of an Information exhibited against him in the Castle-Chamber by the King's Attorney there which I desire may be read and is I will not say in all the points of it but so far acknowledged that he confesses himself under his Hand and Seal to be in the mercy of the King and desires he may be made the Object of his Majesties Compassion not of His Justice And when your Lordships shall see the nature of it I Appeal to your Lordships Whether my Lord of Cork shall be admitted as a Witness against me especially he being a little displeased and I am sorry for it for something done in the Cause he giving 15000 l. for a Composition which the King had There are two grounds of my Lord of Straffords Exception to the Earl of Corke's Testimony as I conceive First His Censure or questioning upon the Information against him in the Castle-Chamber which we have heard to be much of the nature of the Star-Chamber here And that part we suppose was cleared by Your Lordships wisdom yesterday That not a Censure much less an Information in the Star-Chamber should be a fit Exception against a Witness The other part is the ill will which my Lord of Corke may bear my Lord of Strafford on that occasion Truly My Lords if ill will and offence against my Lord of Strafford should be an exception and prejudice to a Witness I am afraid there will be few in the three Kingdoms whose Testimonials will not be prejudiced But this I humbly offer to Your Lordships likewise My Lord of Corke is a Privy Councellor to His Majesty and made a Privy Councellor since by His Majesty and certainly it is not seemly to have that Reproach cast on such a Person That for a Prosecution in the Star-Chamber he should be made an uncompetent Witness The reading of the Information being hereupon denied My Lord of Corke was asked What words
had the fortune to have all the Examinations whereupon they proceeded and looked over them all and now I protest and call God to witness not any way as making to me I found the said Lord to have proceeded as Honourably Justly and Nobly to his understanding as any man could do and yet was decryed as much as any man could be And so I beseech Your Lordships to consider me the Kings Servant and that in the Administration of the Commands and Justice intrusted with me I had occasion to give offence to many and that it hath been the ill fortune of those that have been Governours there when they have left the Government not to be so well reported as otherwise they might be Besides There is nothing in this Charge can possibly amount to Treason admit all to be as it is laid though perhaps to a Misdemeanour That if it be no Treason it will fall to be but Misdemeanour and then I conceive it stands with the Justice and Practice of this Court to allow Councel and Witnesses which I am debarred from by the involving me under the general Charge of Treason and having no further time to prepare then since Friday last That though before I durst not say Your Lordships were bound by Rules of any Judicature but stood to Your own Honour and Nobleness and were a Rule to Your selves and herein I take Your Lordships to witness yet since the Gentlemen at the Barr have prest the rules of other Courts I desire leave to offer That in all ordinary Courts of Judicature that ever I heard of where the Criminal party doth Answer and that Answer is not replyed to nor he admitted to make his proof the Answer of the party is taken and confest from which universal Rule of Justice no man can shew him a transgression And therefore since I cannot be admitted my proofs it being impossible to fetch Witnesses out of Ireland since Friday last my Answer I conceive ought to be admitted and the Charge taken as I confest it not as it is on proof Saving to my self that I said I would go on to give the best Answer I could on a suddain professing That if I had had time I am confident through the mercy and goodness of God and the Innocency of my own heart I should be able to clear my self of Treason the greatest Crime between man and man towards His Majesty and towards his People my heart being innocent of it and never having suggestion or thought but for the Greatness and Honour of His Majesty and the Prosperity and blessed Estate of His People all the days of my life and ever desiring the best things and never satisfied I had done enough but did always desire to do better but also of all other foul Crimes of Injustice or Oppression Errours I may have many perhaps my Tongue hath been too free my Heart perhaps hath lain too near my Tongue but God forbid every word should rise up in Judgment against me If every word that 's spoken amiss should be observ'd who is able to endure it for words spoken ten twelve eight or nine years ago to be brought in Judgment of me is a very heavy Case and I beseech your Lordships to turn the Case inward and to tell me if it be not a hard Case to be put upon such an Examination I shall observe further that words ought to be charged within a certain time by the Proviso in the Stat. in E. 6. time they must be brought in question within 30 days as I take it which Proviso stands good in Law but I go now into a Learning that God knows I have little skill of to this I desire my Councel may in due time be heard to open and Plead In the mean time I desire to say that if popular actions must be concluded within a year or two at the most sure words should be questioned within a less time I shall proceed to maintain the truth of my Answer That Ireland is not governed by the same Laws that England is and for that I shall read a few words in my Lord Cooks Learning which God knows I understand not it is in Calvins Case where the words are So as now the Laws of England became the proper Laws of Ireland And therefore because they have Parliaments holden there whereat they have made divers particular Laws as it appears in the 20 H. 6. 8. and 20. and in Ed. Dyer 360. And for that they retain to this day divers of the ancient Customs the Book of 20 H. 6. holds That Ireland is governed by Laws and Customs separate and divers from the Laws of England Therefore in all things belonging to my Charge that came out of Ireland I hope Your Lordships will take along with you the consideration of the Customs and Practices of that Kingdom and not judge me according to that which hath been the Custom and Practice of the Kingdom of England In the second place I come to the words of Ireland being a conquered Nation The words laid in the Charge being that I should say That Ireland was a conquered Nation and the King might do with them what he pleased And first I should do extreamly ill to the Honour of the English Nation and to the memory of divers of Your Lordships Noble Ancestors if I should not both say and think that Ireland is a conquered Nation when here 's mention made in the Laws and in the Acts of State of English Rebels and Irish Enemies certainly there is something in that for till the Kings of England gave them the advantage and benefit of the Laws of England it is well known they were held Irish Enemies and so termed and stiled in all the Records one shall meet withall in these times And that it was a conquered Nation I have very good Authority in the Statute made 11 Eliz. at the Attainder of that famous Rebel Shan Oneale In one part of which it is said That all the Clergy of the Realm assembled in Armagh at the time of the Conquest c. See the Statute Is it then so much for me to say what 's in the Act and is it not for the Honour of the English Nation to say it and it must be said to the Worlds end for 't is a truth And therefore there is no cause it should be taken so hainously or heard with so much displeasure and if I displease for telling the truth I cannot help it He reads another part of it viz. And therefore it is to be understood that King Hen. 2. the first Conqueror of this Realm c. And so it hath been acknowledged in all stories and times and many an English man hath spent his blood in it whose Posterity will be ashamed to view it other than as a conquered Kingdom Nay I believe many Noble Persons are yet living that have bled for it and will take it ill if it be termed less than a Conquest in them
for him towards the upper end of the Table And there stood charged with several dis-respectful words spoken by him and the words mentioned in the Censure that was read were the words That he was charged to have spoken those words in breach of certain Articles by which the Army of Ireland was Governed the 13th and the 41st That there was much interlocution from my Lord Deputy to my Lord Mountnorris and returned from my Lord Mountnorris to my Lord the substance was That he was ready to give his Charge That he had violated those Articles That my Lord Mountnorris desired time to answer by Counsel and that he might have his Charge in writing That being not readily granted he insisted on it That he might have time to prepare his Answer but was told it was contrary to the form of that proceeding But whether that Objection of the form came from my Lord himself or from some other Member of the Board that I heard before named I cannot possibly say But thus stands the state of it my Lord Mountnorris neither confessing nor denying the Charge my Lord Deputy replyed Sir If you do neither confess nor deny the Charge how shall we proceed The Deputy called on the Lord Moore and said What shall we say to this business My Lord saith the Lord Moore what I can say is under my Hand That a little time after a Letter was read from the King whereby His Majesty was pleased to give direction to proceed in a Martial Court for Reparation and Honour of the Lord Deputy on the Complaint and Information given to the King That my Lord Mountnorris instantly fell on his Knees expressing a great deal of Grief and Sorrow and in truth Passion and had not much to say for himself and soon after was bid to withdraw and being withdrawn my Lord Deputy said That as he had complained to the King so he would expect that Honour from the Board That his Cause should be taken into consideration and such Redress given as was fit He demanded Justice according to the Articles insisted on And having declared it there was a silence amongst us for some time That he was the first that brake that silence and in as humble manner and terms as he could light upon did humbly desire my Lord Deputy to give him leave to ask whether he would give leave to wave either of those Articles but my Lord said he would demand Justice on both That this being so there was some Interlocution of discourse among the Council and in truth he thinks that he was one of the first that said that these Articles and the words cannot bear so good a construction but that there may be some danger of a breach upon these Articles Being asked whether the words were not represented to the Council of War in a Paper written and the Testimony given in pursuance of that Paper He Answered That as he remembers my Lord Moore having made a return to my Lord Deputy My Lord What I can say your Lordship hath under my hand he thinks my Lord Deputy said My Lord if you deny it I have it under your hand to shew And thereupon as he remembers the Clerk of the Council standing by had direction to draw up some Interrogatories which my Lord Moore did acknowledge and Sir Robert Loftus too did affirm that they were spoken by my Lord Mountnorris as much as was mentioned in the Paper Being asked how many Companies of the Army were then in Town how many in a Company and whether they were exercised in a more than ordinary Training and how many Companies the Army consists of He Answered That he thinks the Horse-Troops were 40 or 50 at the most some my Lords own The Foot-Companies were 50. And of those Companies there were he takes it two Horse-Troops besides my Lord 's own Troop and four Foot-Companies they were called up to guard and attend our Occasions in Parliament and they did their Duties as Souldiers every day as indeed my Lord of Strafford was careful of well exercising the Army as any General he ever saw and there are forty Companies of the old standing Army Being asked on my Lord of Straffords Motion Whether my Lord of Strafford did not declare he would not give Judgment in the Cause but Appeal to them as a Suitor for Reparation He Answered That my Lord of Strafford held them to the Point of the Articles demanding Justice on the Articles that he said sometimes he would depend on our Judgment in it and yet he would hold us to the Point of the Articles And further that if there were not a necessity of his being there he would have withdrawn too But my Lord would not give the Council a latitude to proceed according to the King's Letter for Reparation but he held them to the Point of the Articles Being asked on my Lord of Strafford's Motion Whether he did not tell my Lord Mountnorris when he went out of the Room that he would not speak a word till he came into the Room again and whether he did not do it accordingly and whether he sate bare all the while as a Party and not as a Judge In answer he desired leave to offer to their Lordships that he acquainted their Lordships before that as soon as my Lord Mountnorris was withdrawn my Lord did declare what he the Lord Renula had formerly said But after the Council fell into debate of it he spake not a word nor gave any interruption And he cannot positively say that he sate bare all the while Being asked Whether this was not in the time of full Peace and whether any Rebels or Enemies were in the Kingdom He Answered Certainly it was a time of very full and happy Peace To prove that in discourse concerning this Sentence my Lord said afterwards He would not lose the Honour or Share of it The Earl of Cork being asked to that purpose Answered That all he can remember is that the Sentence was publickly read in the Star-Chamber and my Lord said He would not lose his Share in the Honour of it but he cannot remember the day Lord Viscount Dillon asked to that purpose Answered That he happened to be in the Star-Chamber that day by my Lord of Strafford's Command and carried the Sword that day That the reading of the Sentence he remembers not but the words he heard That the Sentence given against my Lord Mountnorris by the Council of War was a noble and just Sentence and for his part he would not lose his share of the Honour of it The Commons proceeded to that part of the Charge which concerns the execution of another man by Martial Law William Castigatt sworn being asked several questions touching that part particularly Whether he knew one executed by Martial Law and by whom c. He Answered Yes his name was Thomas Denewitt and it was last Summer was two years that he was on the Green when he was
should think fit according to the demerit of the Delinquents and to be kept there until they made submission and then to return and not before And the like Warrants were issued to others and to the Subjects of that Realm who were forced to submit to his illegal Commands and this is charged to be a levying of War against the King and his People Your Lordships may please to remember what a Power my Lord of Strafford had assumed to himself from the Courts of Justice established by Law in taking to himself an Arbitrary Power to determine Causes on Petitions and that without any legal Process And he intended to himself an execution of these Orders in this manner If a Petition was presented First a signification went to the Party that he should satisfie the complaint else shew cause if he did not appear then there went a Messenger or Pursivant on his Affidavit that the Party was not found as well he might not be found then an Attachment after that the Sergeant at Arms. This Sergeant at Arms had always with him a Warrant dormant not a particular Warrant in the Case complained of that whensoever he should have an Order to fetch any man in if once he had made Affidavit he could not be found he was by virtue of that Warrant to repair to the next Garrison and there to take such numbers of Soldiers as he thought fit and quarter them on the House of the Party and this was as ordinarily executed as any powers of Law in legal Cases In the execution of this the Party suffered as much insolencie as is incident to War their Catel taken their Corn thrash'd out their growing Corn cut their Houses burnt and some exiled and forced to leave their Countrey and flie to remote places by reason of their Soldiers insolencies The method propounded is First to prove the Fact then to observe the nature of the offence both from the Stat. of 25. Edw. 3. and also from a particular Stat. in Ireland 18 H. 6. whereby the Offendor in this very case is adjudged to be a Traytor Mr. Savil the Sergeant at Arms produced and sworn and a Copy of his Warrant offered My Lord of Strafford excepted against the reading of the Copy in a Charge of High Treason adding that it concerned him very much he being to be tryed for his Life and Honor since upon this the whole Charge was to be grounded On other things he did not insist so much but submitted to their Lordships pleasure because they said they would consider them in their Judgement but this being the ground and foundation whereupon they intend to charge him with High Treason he besought their Lordships to consider it with that Honor and Goodness and Justice they did in all things Mr. Glyn in Answer alledged that their Lordships had over-ruled it in the Case of the Bishop of Down That suppose a Warrant is offered by force whereby High Treason is committed if a Copy may not be given in evidence then let him that is guilty in such a Case get away the Originals it cleares him of the Treason besides it is no matter of Record and Mr. Maynard observed That if one writes a Letter and therein commands one to commit Treason if the Letter be burnt this man shall not prove the Command if only the Original must make it good Mr. Savill being asked what was become of the Original Warrant He answered it was in Ireland he not expecting any question about this business but this was the Copy of it and under his own hand My Lord of Strafford offered to their Lordships that he that is to swear it to be a true Copy is the man that if a fault be committed is in fault himself as much as any for he is the man that executed this Treason and now he shall swear to the justifying of his own act Mr. Savill being on my Lord of Clares Motion Asked How they came by the Copy He Answered He knew not how it came into their hands But Mr. Palmer added Now he sees it in our hands and he knows it And that this Copy cannot be questioned unless he question what is done already for in this very Case a Copy is allowed to be an Evidence for the Relation it hath to the greatness of the Charge as to my Lord of Strafford and it cannot alter the Justice of the Evidence for if it be an Evidence it is an Evidence in whatsoever the Cause is Mr. Savill being Asked How he came to set his hand to the VVarrant He Answered That in Ianuary last there came to him one VVilliam Somer Secretary to my Lord Rainalaugh and told him Mr. Sergeant Savill you had a Warrant to Quarter Soldiers on one within the Town of Athlone but the parties were Friends and you removed them one of those Soldiers committing Extortion in taking away two Pewter Dishes and is to be Tried at our next sitting and unless the Soldier have a Copy of your Warrant he is like to suffer in it That he thereupon Answered He could not deny it and brought the Original Warrant and being a good Clerk he bad him Copy it out He sayes he desired you to let some of your own Men do it and I will give him for his pains That he the said Mr. Savill did thereupon deliver the Original Warrant to his Servant Edmond Brumingham as he remembers who Copied it out That Mr. Somer came and told him Here is a Copy That he asked Mr. Somer Whether he had examined it Yes indeed saith he it is a true Copy That upon that he the said Mr. Savill delivered this to Mr. Somer under his Hand but did not compare it himself yet is confident it is a True Copy Mr. Maynard observed That they Charged a Treason in an Act That my Lord of Strafford gave Authority to do such a thing not that he gave this Particular Warrant and though they proved no Copy at all yet proving the Command it maintained sufficiently the Charge for a Treason may be a Treason though not put in Execution That they produced not this Copy as necessary to give a precise Copy but to prove that there was such a Command and Authority given and as a farther evidence they shew a Copy taken on such an occasion And Witnesses are here who will clearly Depose That this is the very substance and effect of the Warrant given under my Lord of Straffords hand Here my Lord of Strafford interposed That it was Charged on him in particular That on the 9 th of May in the 12 th year of the King he gave Traiterously Authority to Robert Savill c. But Mr. Palmer insisted That they did not find much on Reading this Warrant but if the Authority was proved it was sufficient And Mr. Pym added That they could not wave any part of the Evidence and therefore prayed it might be read Mr.
not that the Exchequer and Composition Rents upon failing of payment have been levied by the Army on the appointment of the Deputy or chief Governor He Answered That he had known several Acquittances put into the hands of Sir Thomas Dutton for Rents due on certain parcels of Land in the County of Longford that were not paid into the Exchequer by a certain time for which a-fore-time Pursivants issued out against the Tenants that himself was one of the Tenants and being out of Town Sir Thomas Dillon seized three of his Horses at his the said Dillons House and there they remained till he came to Town for 13 s. 4 d. This being in the time of my Lord of Corke and my Lord of Ely being Justices Being asked as to the Contribution and Composition-Rents He Answered That some years before that in my Lord Faulklands time when he lived in the County of Longford that were not paid he remembers 30000 l. was granted on the coming of Sir Iohn B. into the Kingdom of Ireland and afterwards Sixscore thousand pound toward maintaining of the Kings Army and there was a Troop of Horse of Sir Robert sent into the County of But he knows not whether this be the Money called Contribution-Money That he was then Sheriff of that County and had direction sent to Sesse the Soldiers on them that refused to pay the Money That at that time he conceived that was not so fully understood by the Countrey that they should have paid it and himself and others did except against it conceiving the Money was not granted farther than as they would willingly pay And Valerian on the Statute urged of assessing Soldiers refused to Assess Soldiers on the Warrant of my Lord of Faulkland and thereon was sent for to the Castle the Soldiers sent to his house and remained there as long as he had Provision and after that from his house they were assessed on several Delinquents as the Soldiers pleased to Billet themselves and the Foot-Company of Sir Arthur Tyrringham was then in that County And one night he remembers 25 were Assessed on his own house because he did not pay the Money but he remembers not any thing of the Composition-Rents Being asked whether he had not seen a Warrant to this purpose subscribed by the Chief Governor He Answered That being Sheriff of the County of Longford in 1634. or 1633. there were Warrants directed from my Lord of Cork and my Lord Chancellor and he thinks under the hands of the rest of the Lords of the Board for levying Moneys allotted to the Soldiers and he had three Warrants himself and by virtue thereof levied Money and paid the Money to the Troops there under the hands of my Lord of Cork and Lord of Ely and the Council Sir Arthur Tyrringham being asked whether he had not received Order with a Warrant for attaching a person in case of Debt and for laying Soldiers on him in case he paid it not and who was the person He Answered That he had And the Sheriff of the County brought the Warrant from my Lord of Faulkland to lay some of his Men on a Debtor there till he paid the debt That these Soldiers were laid being under his command and stayed till the Debt was paid at the charge of the party and he tells this particular in it that makes him remember the whole circumstance The debt was very small not above 16 or 20 s. The Sheriff bringing him this Warrant he did not a little wonder at the matter to require Soldiers for levying such a sum But it was then so ordinary and frequent that it was seldom denied on any reasonable occasion the Men stayed there some 8 or 10 days when the party had enough he sends to him the said Arthur to recall the men that he told him he would if he the said party had satisfied the Money the party answered he had not yet but he would that he the said Sir Arthur told him what a strange man are you that will keep a charge on your self where if you had paid it the first hour I would have withdrawn the Men. Why sayes he I do not care for giving half a score Men a Meales Meat Being Asked on Mr. Palmers motion Whether it was a Debt between party and party or the Kings Debt He Answered He could not tell But the Sheriffs name was Fleming Being Asked Under whose hand was the Warrant He Answered Under my Lord of Faulklands Hand otherwise he would have levied no Money Lord Rainalaugh being Asked Whether before my Lord of Straffords coming into Ireland the Kings Debts and Rents as well Exchequer as Composition-Money were not raised by Assessing of Soldiers He Answered That he remembers in the Lord Justices time my Lord of Corke and Lord of Ely the Kings Rents being slowly paid in they did usually give Acquittances out of the Exchequer to the Captains and Officers of the several Companies and if they were not paid by some time limitted and if the Sheriff or the Collector did not bring in the Money the last resort was to fall on the Defaulters by assessing Soldiers on them and there to lie till the Money was paid Here my Lord of Strafford conceiving he had spoken of Contribution and Composition-Rents desired my Lord Rainalaugh might Repeat what he said Thereupon his Lordship Answered That he thought what he said he was sure of and might justly say That for the Exchequer-Rents and Contribution Payments for the Compositions he would say nothing the course was this That for the Exchequer-Rents the Vice-Treasurer gave out his Acquittances These were assigned to some Captains whose turn it was for Payment and they accompanied with a Warrant from the Deputies to constrain the payment by some few Soldiers Hereupon my Lord of Strafford Observed That this Cause would seem strange in England And whereas my Lord Rainalaugh spake of Contribution-Money Mr. Palmer humbly desired he might be Asked Whether the raising of it by Soldiers was not so agreed to in the Countrey For my Lord of Straffords own Answer sayes The Countrey choose rather that on Delinquency it should be so levied than otherwise And if it be by consent the force of the Statute is taken away My Lord Rainalaugh being Asked accordingly His Lordship Answered That he had already spoken to that purpose and he believed some of the Committee that were there had the particular Instance to produce Being required to name them in whose hands it was His Lordship said In Mr. Plunkets or Mr. Brown Being Asked When this course began He Answered He did not remember the time but he thought in 1628. on certain of the Agents out of England My Lord of Strafford did here offer That if he might have Read the Antient Book in my Lord Faulklands time he could have showed Sir Tho. Wayneman sent up and down to this and that County to fetch in the Composition-Rents and that they have been
from this Statute he shall stand clear abroad and this cannot be brought as to this Case to convince him of Treason And his Lordship did recall one thing in the Lord Dillons testimony which he had formerly omitted That the Assessing of Soldiers was on men being in Rebellion for any unjustifyable Act. And so his Lordship conceived there remains no more for him to do at this time but to answer that objection That this proceeding of his was Treason by 25 Edw. 3. though he had thought Treason had been like Felony in this respect That there must be a felonious intent to make Felony and so to make Treason there must be a Treasonable intent And he said God knows he had no Treasonable intent in all this for if he had a mind to have raised War against the King and his People surely he should never have done it by laying two or three Soldiers on a private man and then taking them off again And is this that levying of War against the King and his People that is meant in the Irish Statute of 25 Edw. 3 The words of which Statute his Lordship read viz. If any man levy War against the King in His Realm or adhere to His enemies c. He appeals to their Lordships desiring them to lay it to themselves and tell him whether 2 or 3 poor Soldiers sent in this manner to bring in a man that will not be lyable to the Kings Justice could by any construction be brought to be a War levied against the King and his People which said he if it be an error he knew it was no Treason for he had thought it had been for the Honor and Authority and Justice of the King and not done as an enemy to him And therefore all laid together though he must needs say Men are dark towards themselves and towards their own Cases and less able to judge than in the Case of other men in truth under favour withall Humility and submission to their Lordships better judgements he cannot believe nor fear but for any thing proved this day against him as he is clear in his heart from all Treasons and treasonable Intentions towards the King and His People so he stands clear from Treason upon this Charge not only in respect of the Irish Statute but likewise the English Statute and he shall beseech their Lordships when it comes to its time they will give his Council leave to urge these things for him who he is sure will be able to do it with far greater reason and strength than himself it being out of his profession Here his Lordship took notice that there was another part of the Charge which he desired to speak to but Mr. Palmer said That was subsequent and not yet come to To which his Lordship Answered That he should do all things without offence only so long as he doth mannerly move any thing for his clearing he hopes he may do it And so the Defence was concluded And then Mr. Palmer replyed in Substance as followeth That their Lordships have heard a very long Defence made by my Lord of Strafford and that he would not apply himself to inforce any thing by circumstances but to represent the truth and to avoid those things offered by way of Answer for most part of that may be confessed and yet avoided Whereas my Lord of Strafford hath made the greatest part of his Defence in matter of Fact from Usage their Lordships may please to consider that there can be no legal Usage contrary to an Act of Parliament made before time of memory as 25 E. 3. in England and 18 H. 6. in Ireland much less can there be Usage for committing of Treason The Usage insisted on is First for Soldiers being Assest on Septs till Rebels and Traitors not apprehendible were brought in and by Rebels his Lordship would have understood not Rebels against the King and State but petit Offenders and Felons and for that did examine Witnesses But the Witnesse says That when such had committed Felony and withdrawn themselves into Woods a Proclamation went out to call them in and if then they came not in they were esteemed Rebels and Soldiers were laid on their Septs which is not to lay Soldiers on Subjects in time of Peace when they will not conform to his private Orders The Stat. 11 Eliz. describes what the laying Soldiers on the Sept was viz. When Outlaws and Rebels lye in the Woods and will not be apprehended with the ordinary Arm of Justic then five of the best of the Sept shall be Fined but not that Soldiers shall be laid on them And this being a Statute and lately made must needs give the Rise to this laying of Soldiers on the Septs by the Council-Board instead of a Fine so this is no justification or excuse it not bringing a full Answer home to the present Case nor is this of right to be justified The next Usage was concerning the Kings Rents which Mr. Conley only extends beyond the time of my Lord of Faulkland he speaks of it in the time of my Lord Grandison and Chichester yet it was no positive Testimony and he was an old man and his Evidence uncertain for those times Besides there was no account given of the certain reason whether by a legal Process or no For there might be due Process awarded and a Writ of Assistance to carry the power of the Countrey and so the thing be done by legal authority and therefore since it cannot be applyed to any rule it must be intended to be an illegal power if at all The rest were all for Rents in the time of my Lord of Faulkland The instructions were produced by my Lord of Strafford himself in time 1628. which was before my Lord of Faulkland went out of that Government And by these instructions there is an Agreement and it is taken to be for the benefit of the people that the Kings Rents should be levied by Soldiers so that for all the time of my Lord of Faulkland and the Justices since it was within the compass of the Instructions and reduced to the consent of the people and the words of the Statute are No Soldiers shall be Assest without consent but this remains charged to be by force and against consent That concerning the Contribution-money in which another Usage is alledged is set forth to be an agreement of the people That because it might not come into the Exchequer to be made a Precedent it should not be levyed by ordinary Process but by Soldiers if it were behind it being assigned for relief and pay of Soldiers and being by consent is out of the present case Sir Arthur Tyrringham speaks of this Use in case of a petit debt of 16 or 20 s. on a Warrant from my Lord Faulkland which is the only Case of Debt prooved but he could not tell whose or what debt it was nor how determined or judged If it were
That the unreasonable and exorbitant Demands made by the Scots in their Parliament were a sufficient ground to make a War against them and that the King needed not to seek for any other grounds for it or words to that effect 105. That towards the end of the said Debate this Examinant told His Majesty That His Majesty having given the Scots leave in their Parliament to Petition for Redress of such things as they conceived to be Grievances he said His Majesty would not think it a sufficient ground to make War against them for any Demands by them made in Parliament without first hearing the Reasons thereof which reasons were not before that time related at or in any meeting of the Council whereat this Examinant was present howbeit the said Earl of Strafford again said That there was ground enough for that War After which his Majesty was pleased to say That this Examinant had reason for what this Examinant did then say Whence Mr. Whitlock observed That my Lord Morton went further then was opened For though he told His Majesty that that which was treated on in Parliament especially by the Kings leave and before the reason of these demands were declared was not a sufficient ground of a War yet notwithstanding my Lord of Strafford though he heard not these Reasons nor knew whether they were unlawful or no he was not versed in Republica aliena yet he reiterates and declares his advice again to His Majesty That these Demands were a sufficient ground of War 106. He saith That when my Lord Traquair made Relation at the Council-Table of the Demands made by the Scots in their Parliament without rendring any reason of the said Demands as leaving this to the Scotch Commissioners who were on their way coming towards His Majesty by His Majesties leave and allowed to yield their Reasons in that behalf which Course of the said Earl of Traquairs in leaving the said reasons to the said Commissioners His Majesty well approved of and pleased himself to expect from him a Relation onely what the said demands were this Examinant on the said occasion heard the said E. of Strafford say to His Majesty after the said Demands so related That the said Demands were not matters of Religion but such as did strike at the Root of Government and such as he thought were fit for his Majesty to punish by force or words to such effect Whence Mr. Whitlock observed That the words last read were spoken by my Lord of Strafford at that time when my Lord Traquair made a Relation before the Council here which was a great while before the second Relation at York before the Great Council of the Peers And though the King himself in his Clemency and Goodness thought that a sufficient Reason to do no more upon it at that time having not heard the Reasons yet my Lord of Strafford was pleased then to give Him this Counsel My Lord Traquair being Interrogated Whether the Reasons of the Demands were given before or at the Meeting at Whitehall He Answered That at his first Relation their Lordships know very well the Commissioners were not come up but he cannot burthen his Memory That he heard my Lord of Strafford say such words Mr. Glyn observed That they put it only to this That the Reasons were not nor could not be related the Commissioners being not come up And from these Proofes Mr. Whitlock conceived it to stand proved That my Lord of Strafford laboured to perswade His Majesty to an Offensive War to Imbroyle both Kingdoms in a National Quarrel and the blood one of another and this several times and that at Whitehall being Three Quarters of a year before the other which was at the Council at York For Proof of the further Prosecution of his Design Sir Henry Vane Treasurer of His Majesties Houshold and Principal Secretary of State was Sworn and Interrogated What Advice my Lord of Strafford gave to His Majesty concerning making of a War with Scotland or seizing their Lordships He Answered That he should be very glad to understand the Question cleerly before he makes an Answer for to part of it he is able to say nothing that is concerning the Ships of Scotland he not hearing of it till now And he will be sorry here to say any thing that is not true for he conceives the Witnesses were put upon a great strait The Examinations were taken long since and for his part he hath seen none of them And he besought their Lordships to take so much care of them that they may not be subject to cross what was said before and peradventure bespatter our selves when we ought to have our Memories a little refresht in it This he said he thought fit to speak before he Answers the Question and if he be asked such a Question as he cannot clearly Answer to he shall do it Candidly and Ingenuously but to the Ships he can say nothing Being Asked Whether about the 5th day of May 1639 he heard my Lord of Strafford perswade the King to an offensive War against the Scots He Answered saying That to that question he is able to speak and he is the better able which he may declare to their Lordships here because His Majesty hath been pleased out of the Justice and equality he owes to all his Servants to give him leave to do it To that point then this he sayes clearly and plainly Whether it were upon the 5th day of May or no he is not able to say but either that day or shortly after where diverse of my Lords were present being commanded after the breach of the Parliament to speak what was fit to be done and every man to vote in his own turn and he amongst the rest took his turn and he must say that after Mr. Secretary Windebank had spoken first of it it came to him There were then diverse Reasons agitated which do not occurr to his Memory but this he remembers well a Defensive War was proposed for it was proposed by himself Thereupon that was not thought fit to be done and certainly my Lord of Strafford was of opinion for an Offensive War This he can say and this is all he can say to this point Being Interrogated What he could say against my Lord of Straffords procuring the Parliament of Ireland to engage themselves in a Supply for a War against Scotland He Answered That this was new to him and he could say nothing to it in particular but what in general came to his knowledge That so many Subsidies were given to the King and that is all he can say having not heard of the Question till now Mr. Whitlock desired to read my Lord of Northumberland his Examination But my Lord of Strafford conceived that not so proper his Examination being reserved Which Objection Mr. Whitlock taking off by offering to their Lordships that for which they desired to reserve him was another
it very well and he had not done his duty if he had concealed it for he was one of them that told him of it Lord Goring being examined to the First and Second Question proposed to my Lord Marquis His Lordship Answered That he remembers something to this purpose and Candidè Castè makes him call it to mind but the particulars he cannot remember Candidè Castè for using the Kings Power he hath heard often Tho. German being examined to the same Question Answered That he would be very loath to say anything that doth not perfectly occurr to his remembrance he remembers that divers times at Council-Board my Lord spake these words Candidè Castè and he remembers them very perfectly but what day and time he remembers not but he remembers very perfectly he heard my Lord of Strafford say it must be on an urgent and unavoidable occasion that any by-course should be taken or put in practice but what day and time he cannot tell To the exact words of the Interrogation he cannot say but something to the sence as he the Examinant delivers them Being asked whether my Lord of Strafford hath not concluded That things will not be right till there be a right understanding between the King and his People or words to that effect He Answered That he thinks no man hath the Honor to sit at that Board but will give him that Testimony that he hath often spoken That the greatest happiness that can occurr to the King and People is the happy agreement and understanding between them Being asked on Mr. Glyn's motion Whether those words were used before the Dissolution of the Parliament or since He Answered To his best remembrance before yet he doth not deny but they may be said since that he must leave to the Lords whose memories serve better to distinguish times The Lord Treasurer being examined to the First Question proposed to my Lord Marquis He Answered That he doth not remember the discourse about his business Being asked to the Question Nov. 2. proposed to the Lord Marquis He Answered That phraze of Candidè Castè he remembers very well were used more than once but whether they were applyed to this particular he cannot speak He remembers my Lord used the words in such a sence and the interpretation of them was chastly and honestly but the other part he cannot remember Being asked to the Question Nov. 2. proposed to the Lord Marquis He Answered That he remembers not any of it Lord Cottington being examined to the Question Nov. 1. proposed to the Lord Marquis He Answered That if his Deposition be looked upon it will be found he did say my Lord put the Case so and he now says it again he the Examinant did declare and understand that my Lord Being asked to the Question Nov. 2. proposed to my Lord Marquis He Answered That he thinks he hath answer'd this already he remembers the words Candidè Castè and that the Power the King had for the preservation of Himself His Crown Posterity and People ought to be used Candidè Castè in all fair and just ways Being asked whether my Lord of Strafford did not say That the King was bound after the present danger provided for to free the Subject in Propriety and Liberty from the prejudice of such a precedent He Answered That he said the necessity being past and the work done the King ought to repair it and not to leave any precedent to the prejudice of His People Being asked Whether my Lord did not say that in conclusion all must be setled by Parliament and till all the dispute betwixt the Prerogative of the Crown and Liberty of the Subject be determined neither King nor People should be happy He Answered That he verily believes many of their Lordships have often heard him say it He hath heard my Lord say it to the King at the Council-Table It hath been always his position and to himself the Examinant he hath said often both before the last Parliament and after it was broken and it was an ordinary discourse to His Majesty That His Majesty could not be happy till there were an happy Union betwixt Himself and the Parliament and the Prerogative and Liberty of the Subjects were determined And my Lord of Strafford desired to have so much benefit of their Lordships Justice as to have the Examinations of my Lord Keeper which are not yet come in to these points reserved And now he said he had stated to their Lordships truly and justly the Question concerning these words that are by pieces and paches charged and which taking the whole contexture of the Discourse from the beginning to the ending represent them quite otherwise as he conceives than might seem to be enforced against him He offered this further to their Lordships That they see plainly and clearly proved that at all times and frequently he hath presumed by His Majesties favour and good leave to express himself how necessary it is for the happiness of the King and People that all these matters of difference should be setled and bounded and that by Parliament and that till they were so bounded neither His Majesty nor they could be happy so that it was far from going against the antient grounds of Government that have been here setled in that singular Providence and Wisdom of our Ancestors and never shall he contribute any thing but to the maintainance and preservation of them in all honest and honourable ways and means whatsoever and if these words were spoken with that moderation and qualification that the Power to be used must be a lawful Power and the ways to be taken lawful ways they were no way subject to exception Besides there is one Argument that cleers the Intendment and meaning of the words as he conceives a great deal more prevalently than if those words of lawful Power and just and honourable ways had been put in And that is that nothing hath been done by the King or the Council against the Laws and Customs of the Realm in pursuance of them where it hath been any breach on any Liberty or Propriety of the Subject What extraordinary Course hath been taken not warrantable by Law None that he knows of so that there being nothing but justly and fairly administred the very Deed done shews them to be spoken with that meaning and so to be interpreted so much the rather by how much doing well is better than saying well And the worst that can be made of them they are but words and no more and for the excuse of them their Lordships well remember what he said concerning the Statute they can never amount to Treason and before they shall be brought to him in a Criminal Charge he besought their Lordships to observe something he shall offer to them These words charged on him were not wantonly or unnecessarily spoken or whispered in a corner but they were
them that set their hands to the Petition did Vote against it He Answered That there were of them that set their hands to the Petition 10 who did vote the retraction of it and he named Sir Francis Worteley Sir Thomas Danby Sir George Wentworth of Wolley as he thinks and Sir Edward Rhodes Sir Edward Rhodes Interrogated Whether the Country did intrust my Lord of Strafford to deliver a Message to His Majesty declaring their consent to a Moneths pay c. He Answer'd That after long debate Whether the Petition should be presented or no it was by plurality of voices declined and waved and it was moved to my Lord that he should present the Requests of the Gentlemen then met or the plurality of them to His Majesty to this purpose That having demanded two Moneths pay the Gentlemen of the Country made that request to my Lord humbly to beseech His Majesty to accept of one Moneths pay which his Lordship did and His Majesty was graciously pleased to accept of it having formerly given them encouragement for the abatement of 4000 men of the Trained Bands after those Troubles were past and if any Gentleman suffered in that Service there should be no benefit taken of his Wardship and when my Lord presented the desire of the Gentlemen to His Majesty He was pleased in stead of taking of 4000 to promise to reduce the Trained-Bands to 6000. Being Asked what number of Gentlemen were in the Hall and Whether that was not the place appointed for the County to Consult about the business He Answered That he thinks that there was 300 at the least of the one and the other and for the place and time it was both the place and time and that was an Exception my Lord of Strafford took but he was not fairly dealt withal that in regard His Majesty gave direction that at such a time and such a place my Lord President by that name His Majesty was pleased to call him and the Gentlemen of the Countrey should consider the business my Lord thought much a Petition should be drawn without his Consent and that the business should be Concluded before the time and from the place of debate Being Asked How many dissented from this Court He Answered He thinks not above 20 if there were so many Being Asked Whether diverse that signed the Petition did not retract it and amongst the rest himself He Answered Diverse did retract it and himself gave his voice for the waving of it but he cannot say he retracted it for his hand was not to the Petition Being Asked Whether my Lord of Strafford had not Commission from the County to offer a full moneths pay of the Trained-Bands He Answered It was the desire of the Country That his Lordship would be pleased to entreat His Majesty to accept of a moneths pay being desired by the King Being Asked Whether they were not willing to pay it in that part of the Country where he lives He Answered That where he served as Deputy-Lieutenant he knows not of one man that Complained or shew'd unwillingness or any difference but only in the proportion between man and man Being Asked Whether my Lord of Strafford did not faithfully relate the Message to the King according to the Commission the Country gave him He Answered That he conceives he did it most faithfully and with great advantage to the Country Sir Tho. Danby being Interrogated to the matter of the Petition and the declining of it the Consenting of a Moneths pay the Cheerfulness in paying of it He Answered That the Petition was delivered That the Money was paid with a great deal of cheerfulness That they were content to come to a Moneths pay That he heard of no man that declared to deny it Being Asked on Mr. Maynards motion Whether any other direction was given for the Message besides the Petition the last clause excepted He Answered That one taken off my Lord was to deliver the Substance of the Petition Being Asked on Mr. Maynards motion Whether there were not two Trained-Soldiers hang'd up for Mutyning for want of Pay Mr. Maynard thence observing That if they had been well paid there had been no want of it He Answered That he cannot Answer to that without some prejudice to himself he being question'd for hanging men by Martial-Law Sir George Wentworth of Wolley being Interrogated Whether he was not present at the Hall where the Petition was spoke of and Whether a moneths pay was not consented to He Answered He was present and the Petition was declined by the Major number there was a great number in the Hall and my Lord delivered it accordingly to the King He was present when he presented all the grievances exprest in the Petition and left out only that part concerning the Parliament Being Asked Whether my Lord of Strafford had authority to acquaint the King There should be a Moneths pay He Answered Yes and the place of Debating was the Common-Hall and diverse that signed the former Petition did retract it and himself was one of them Being Asked Whether the Money was not paid willingly by every man without Force and Constraint He Answered That he was a Collonel and it was paid him very well The next thing my Lord of Strafford observed was concerning a Warrant alleadged to be given out by him for levying of a Fortnights pay to the Two Regiments of Sir William Pennyman and Sir Tho. Danby If in any thing in his Answer he be mistaken he had rather submit it than dispute it and if it please their Lordships to favour him so far he will as near as he can tell every thing that passed and he hopes diverse of their Lordships will remember a great part of it It is very true before this moneth was ended he is sure within it the King Licensed all the Trained-Bands to go home again save the two Regiments one for Richmondshire and the other for Cleaveland which by His Majesties express Command and Council of War were required one to remain at Yaram the other in Richmondshire to preserve them from those of the other side Sir William Pennyman and some others finding that by this means these Regiments continuing in pay fell to be grievous to that part of the Hundred Those two Hundreds or Weapontakes acquainted him the Earl of Strafford with it out of no particular end in the World but that with Equality and Justice in that common misfortune they might all bear the Common Burden Divers of their Lordships being there at Rippon he did humbly present to the King before the Great Council of my Lords at Yorke That he conceived if the whole-Charge of those two Regiments should lie on those two Hundreds it would impoverish and undoe them and therefore he conceived it Justice and Reason that the rest of the County should contribute towards the Charge the benefit being common to all or else they should successively relieve those
but only the Estimate of a Merchant and how far your Lordships will be guided by the Estimate of a Merchant I known not but I have had Trial of some of them and their Estimates never hold for they have alwayes told me I shall gain much and when I came to the point I gained nothing and if Sir George Ratcliffe should be Sworn to the Point he should say confidently that we are Fourscore and six thousand out of Purse and when he came out of Ireland but Fourscore thousand pounds received and this is the Profit Estimated by the great Merchants at a Hundred and Forty thousand pounds a year But at the worst it is but a Monopoly and a Monopoly of the best condition because it was begun by a Parliament I have seen many Monopolies question'd in Parliament and many overthrown in Parliament but I never heard a Monopoly charged for a Treason My Lords The next is the 13th Article and that is concerning the Flax business For that my Lords if I had thought it any way concerning me I could have cleared it in a very great measure But I had no private Interest in the business much less of private profit but onely an endeavour and desire to bring in the Trade of Linnen-Cloth to that Kingdom which would be much advantage to both Kingdoms and no prejudice to this Kingdom which a Woollen Trade would have been if set up these And the Prolcamation when it was found not so well liking to the People was called in of our own accord before it was question'd and so laid aside and given over For any matter of private Benefit you have no Witness but Crokay a Fellow brought out of Prison Here is but a single Witness and a sorry one a Fellow who by misbehaving and misusing the trust committed to him was turned out and upon the turning of him out the Proclamation was absolutely called in and now he comes to be a Witness being himself the onely offended in the Cause But I beseech your Lordships to think I have not lived with so mean a heart in the World that I should look to gain Four Nobles more or less upon a Cart Load of Flax It is very well known my thoughts have carryed me free enough from gaining so poor and petty a matter as that is I know nothing in the World of it no more than the man in the Moon but when it comes to be heard your Lordships will find me extreame pure in that for I thank God I have clear hands I assure you The 14th is waved by them concerning an Unlawful Oath given to Masters and Officers of Ships and it might very well be waved for I conceive it to be Warranted by the Law Sure I am it is both the Practice of England and Ireland and hath alwayes and at all times been practised and used and is onely for the preventing of Fraud and Deceipt in Merchants by not paying the Kings Duties and Customes The 15th is Answered already I hope The 16th doth Charge upon me certain Propositions I made before I went into Ireland And in good Faith my Lords you may see how short-sighted men may be to their own Actions for I did very well believe I should never have reaped any thing from those Propositions but Thanks I am sure they were well received then when they were offered to His Majesty and the Council and I must truely Confess I never thought they should be objected against me as a Fault My Lords The Proposition was That no Man should be allowed to Complain of Injustice or Oppression in Ireland unless he first addressed himself to the Deputy My Lords there was no Original Intent but onely to prevent Clamours and Unjust Vexations of the Kings Ministers there that after men had received Judgment of the Kings Courts they might not presently come and by Clamours call over a Chief Justice or a Chancellor or President to Answer here and be at charge of five or six hundred pounds unless they acquaint the Deputy with it that they might be righted in the place and this is Charged against me as a great Crime Truely my Lords I shall Confess and Amend any thing and trust other Judgments rather than mine own but I see not how this can Charge me as intending to subvert the Laws of the Land but rather to preserve them The other concernes a Proclamation That none shall depart the Kingdom without License My Lords for that I have shewed that no man out of that Kingdom can come without License but upon very great Penalties I have shewed likewise it was the desire of their own Agents some 15 or 16 years since That there might be such a Restraint and none might come over without License I have shewed you likewise the Instructions to my Lord of Faulkland by which he was Commanded in persuance of that Desire that none should come over without his License I have shewed the express Command of His Majesty to me to have it so I have shewed you likewise the Reasons of State why it should be so to prevent that practice and Intelligence which might otherwise arise betwixt them of that Nation serving under Tir-Connell and O Neale and likewise to prevent the going over and transplanting the Prime Nobility and Gentry to Seminaries and other such places there to be brought up and therefore in reason of State it is a Restraint and ought so to be But having these grounds of Law Warrant Practice Former Instruction and all Why this should be brought to me in particular Charge to Convince me of endeavouring the Subversion of the Laws I must submit to your Lordships My Lords There is in the latter part of this another Charge concerning the Sentenceing of one Parry who was Sentenced as I conceive very Justly and I have no more to answer for in that Sentence then any of the rest having but a single Voice and that I should answer for all I confess is something hard But there is no manner of Testimony in the World in this save the Testimony of Parry himself Now if Parry the Man offended his Testimony shall be taken against the Judge I know no Man can be safe and other Testimony is not offered and therefore I trust that that will easily fall off of it self The 17th is likewise waved and is in Truth of no great Consequence one way or other and therefore I shall give no other Answer to it It was well waved and had been as well left out having no great matter in it The 18th is likewise waved but it is that which sticks very heavy upon me and wherein I find my self as much afflicted as in any one part of the Charge For my Lords here I am Charged up and down to endeavour to draw upon my self a Dependance of the Papists in both Kingdomes of Ireland and England and that I have during the time of my Government restored diverse Mass-Houses in Dublin and elsewhere
very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this Prisoner having committed so many Treasons although he should pay all these Forfeitures will be still a Debtor to the Common-wealth nothing can be more equal then that he should perish by the Justice of that Law which he would have Subverted neither will this be a new way of Blood There are Marks enough to trace this Law to the very Original of this Kingdom and if it hath not been put in Execution as he alleadgeth this 240 years it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no whit less liable to punishment because he is the onely Man that in so long a time hath ventured upon such a Treason as this It belongs to the Charge of another to make it appear to your Lordships that the Crimes and Offences proved against the Earl of Strafford are High-Treason by the Lawes and Statutes of this Realme whose Learning and other Abilities are much better for that Service But for the time and manner of performing this we are to resort to the Direction of the House of Commons having in this which is already done dispatched all those Instructions which we have received and concerning further Proceedings for clearing all Questions and Objections in Law your Lordships will hear from the House of Commons in Convenient time THE ARGUMENT Of Mr. LANE The PRINCE'S ATTORNY-GENERAL On the Behalf of the Earl of STRAFFORD In Point of Law MY Lords I shall not at all touch the Matter of Law further than to clear your Judgments of one Statute only viz. 25 E. 3. because when the same was Alleadged by the Lord Strafford in his own Defence that not being Convict of the Letter thereof he could not be Convict of Treason Remember the Salvo of the Statute was much insisted upon by those from the House of Commons as much Conducing to their Ends. My Lords I will first speak of the Statute it self and then of it's Salvo or Provision The Statute is That if any Man shall Intend the Death of the King His Queen their Children kill the Chancellor or Judge upon the Bench Imbase the Kings Coyn or Counterfeit the Broad-Seal c. he shall be Convict and Punisht as a Traytor That the Lord Strafford comes not within the Letter of this Statute is not so much as once alleadged nor indeed it cannot be with any Reason All that can be said is That by Relation or by Argument a Minore ad Majus he may be drawn into it yet that this cannot be I humbly offer these Considerations First This is a Declarative Law and such are not to be taken by way of Consequence Equity or Construction but by the Letter only otherwise they should imply a Contradiction to themselves and be no more Declarative Laws but Lawes of Construction or Constitutive Secondly This is a Penal Law and such if our Grounds hitherto unquestion'd hold good can admit of no Constructions or Inferences for Penalties are to perswade the Keeping of Known Lawes not of Lawes Conjectural Ambiguous and by Consequence which perhaps the most Learned may not in their Disputes question much less the Subject who is not obliged to Interpret the Statute doubt of in the point of Obedience yea rather without any doubt he is rather to obey the Letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a Notable Law 13 Eliz. cap. 2. whereby it is declared That the Bringing in of Bulls from Rome to stir up the Subject to Mutiny and Rebellion shall be punished as Treason Now if by Interpretation or by Consequence this Sence might have been thrust upon the Preceding Statutes the making of this had been superfluous yea the Persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Anno 21 Edw. 3. We have a Statute declaring That for a Servant to Kill his Master is an Act of Treason and in the 23 th year of the same King a Process of Treason was framed against a Man for Killing his Father grounded upon the same Argument a Minore ad Majus But it was found and the Sentence is yet in Records that although in the 21 th year of Edward the Third that Argument might have been admitted yet in the 27 th it could not by Reason of the Declarative Law Intervening in the 25 th year and this Case comes very home to the Point in Law My Lords I will not demand What kind of Offence it may be for a Man to Subvert the Fundamental Laws of the Kingdom the Crime doubtless is Unnatural and Monstrous and the Punishment must keep the same Proportion only I Presume to Offer these few things to your Lordships Consideration 1. That one or more Acts of Injustice whether Malitiously or Ignorantly done can in no sence of Law be called The Subversion of the Fundamental Laws if so as many Judges perhaps so many Traytors 't is very Incident to Mans Nature to erre nor doth the Lord Strafford plead his Innocency in Oversights but in Treason 2. I do Remember the Case of Iohn de la Pole Duke of Suffolk this Man in the 28 th of Henry the Sixth was Charged by the House of Commons with Articles of Treason and those too very like to these against my Lord Strafford I. That he had given the King bad Advices II. That he had Embased His Coyn. III. That he had Sessed Men of War IV. That he had given out Summary Decrees V. That he had Imposed Taxes VI. That he had Corrupted the Fountain of Justice VII That he had perswaded the King to Unnecessary War and the giving over of Anjou in France And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after a long agitation the Matter was found by the Lords of the Parliament not to Imply Treason but only Felony Add to this another who in the 23 d of Henry the Eighth was Charged for subverting the English Laws and yet no Treason charg'd upon him Add to both the Charge of Richard Larkes Pleaded at the Common-Pleas who was Charged with Treason for Subverting the Law but Convicted onely of Felony By which you may see my Lords what to this time hath been Subverting the Lawes 3. It is very considerable That the Lord Strafford is not charged to have Subverted but onely to have Intended to Subvert the Fundamental Lawes and this I conceive if there were no more might keep him free from that Statute the 25 th of Edward the Third For although as touching the
him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against Him to the death and destruction of the King The Cases that I shall cite prove not onely that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against Iohn Awater of High Treason in the Forme before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High Treason My Lords This Indictment was Returned into the Kings Bench in Trinity-Terme in the Eighteenth year of Edward the Fourth and in Easter-Terme the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seemes the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the Love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings Bench in Trinity-Terme in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against Him to cause Risings against Him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words onely words by private persons and in a more private manner but once spoken and no more onely amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not onely to disaffect the people to the King but the King likewise towards the People not once but often not in Private but in places most Publick not by a Private Person but by a Counsellor ofState a Lord Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the Necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coales they were cast upon His Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loynes of the Law as they shall find My Lords Who speaks this to the people a Privy-Counsellor this must be either to traduce His Majesty to the people as spoken from Him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to His Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of His Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what He would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suites might be determined according to Law and not by himself at his Will and Pleasure upon Paper Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed
to Sir William Pennyman in pursuance of which he made his Warrant That it was the assent of the Lords of the great Council that this Money should be levied and taking all together whether it fixes it not upon him to be the Author and Instrument it rests in your judgements in point of fact and so I suppose the Seven and twentieth Article rests on him and so I shall conclude the Evidence produced on the behalf of the Commons And now give me leave to put your Lordships in mind of some Evidences offered by my Lord Strafford himself in his Answer and in the passages of his Defence for his clearing and justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the Estates of the Peers of the kingdom of Ireland and determining them upon Paper Petitions in an Arbitrary way your Lordships have heard him speak it before and repeat it this day That he did it out of compassion for the more expeditious proceeding on behalfe of the poor against these mighty But then my Lords I beseech you compare some other part of his proceedings Your Lordships remember the business of the Flax which concerns the poor wholly and universally and if compassion had been the rule and direction of his actions towards the poor surely this would have been a just cause to have commiserated them in this case but he exercised his power over them and over them wholly and over them universally and therefore it shews it is not his compassion to the poor nor respect to the rich or mighty that will any way restrain or obstruct his ways to his own Will And thefore you may see what truth there is in his answer by comparing one part of the charge with another when the business of the Flax brought that calamity upon the Kings Subjects that thousands of them perished for lack of Bread and dyed in Ditches Secondly Your Lordships have often heard him use a Rhetorical insinuatian wondring that he should be charged with words and they strained so high as to be made Treason to question his Life and Posterity though the words might be spoken unadvisedly or in discourse or by chance Your Lordships remember the Fifth Article touching his proceedings against my Lord Mountnorris where words were spoken in an ordinary discourse at dinner and slight ones God knows of no consequence at all such as another man would scarce have harkened after and yet my Lord extends them to the taking away of my Lord Mountnorris his life gets a sentence of death against him and that against Law with a high hand in such a manner as I think your Lordships have not heard the like and therefore I beseech you compare one part of his Answer with another and see how ready he is to make use of any thing that may excuse himself and yet when he comes to act his power you see his exercise of it You have heard how he magnifies his Zeal for advancing the Kings Benefit and Revenue and his care of his Service and would shelter and protect himself under it to justify an exorbitant action but if your Lordships call to mind the business of the Customs for Tobacco which in truth were the Kings right and due and a great profit was thereby advanced and he trusted to advance it The King must loose of his former Rents in the case of Custom and received a small Rent in the case of Tobacco my Lord himself in the mean time imbursing such vast sums of Money where is then the discharge of his Trust where is his care to advance the Kings Rents to increase his Revenue Compare that part of his Answer with this and see what credit is to be given to his affirmation My Lords throughout the passages of his discourse he insinuates and never more than this day with the Peers of the Realm magnifying them almost to Idolatry and yet my Lords when he was in his Kingdom in Ireland and had power over them what respect shewed he then to the Peers of the Kingdom when he judged some to death trampled upon others in misery committed them to prison and seized on their Estates where then was the Peerage he now magnifies And to shew it was an insinuation for his own advantage you may remember when there was an unlawful Act to be committed that is the levying of Money in the North What regard had he then to the Peers of the Kingdom when he comes to justify and boulster up High Treason it self under the name and authority of the Great Council where most of the Peers of the Realm then were and so by this time I know what credit your Lordships give to his words spoken when he lies under your Mercy and Power but what do I speak of the Peers of the Kingdom and his using of them My Lords he spared not his Sovereign His Majesty in His whole Defence for being charged with offences of a high nature he justifies those offences under the pretence and under the authority of His Majesty our Gracious King and Sovereign even Murther it self in the Case of Denwit and my Lord Mountnorris Treason it self in the Fifteenth Article by a Command in Ireland and in the Seven and twentieth by a pretended authority from His Majesty in the face of His People he justifies my Lord Mountnorris his sentence by a Letter from His Majesty Denwits Sentence by a Commission from His Majesty and he read three or four clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a Witness to produce against him which I will not examine but refer it to his own Conscience that is The Petition of Right that the Kings Servants are to serve him according to Law and no otherwise he very well knew if an unlawful act be committed especially to a degree of Treason and Murder the Kings Authority and Warrant produced is no justification at all So then my Lords to mention the Kings name to justify an unlawful act in that way can do him no good and his own understanding knows it may do the King harm if we had not so Gracious a King that no such thing can do harm unto But my Lords to produce the Kings Warrant to justify his actions under his Patent and Command what is it else but so far as in him lies in the face of his people to raise a cloud and exhale a vapour To interpose betwixt the King and his Subjects whereby the splendor of his Glory and Justice cannot be discovered to his people My Lords what is it else when the people make complaint against the Ministers that should execute justice of their oppression and slavery and bondage For the Minister when he is questioned to justify this under the Kings Authority what is it I say but as much as in that Minister lies
Majesty continuing still to take the advice of His Great Council the Parliament along with him in the management of the great affairs of the Kingdom The Earl of Strafford understanding that His Majesty had passed the Bill did Humbly Petition the House of Peers SEEing it is the good Will and pleasure of God that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most Humble thanks for your Noble Compassion towards those Innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his pious intentions towards them and desiring that the reward thereof may be fulfilled in you by him that is able to give above all we are able to ask or think Wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships Charitably to forgive all his Omissions and Infirmities he doth very heartily and truly recommend your Lordships to the Mercies of Our Heavenly Father and that for his Goodness he may perfect you in every good Work Amen THO. WENTWORTH WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled have in the name of themselves and of all the Commons of England Impeached Thomas Earl of Strafford of High Treason for endeavouring to subvert the Antient and Fundamental Laws and Government of His Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant Power over and against the Laws of the said Kingdoms and the Liberties Estates and Lives of His Majesties Subjects and likewise having by his own Authority Commanded the Laying and Assessing of Soldiers upon His Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Summons and Orders made upon Paper-Petitions in Causes between Party and Party which accordingly was executed upon divers of His Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did Levy War against the Kings Majesty and His Liege People in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to His Majesty and did Counsel and Advise His Majesty That he was loose and absolved from the Rule of Government and That he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the Pains and Forfeitures of High Treason And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland all which Offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings Most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by the Authority of the same that the said Earl of Strafford for the Heinous Crimes and Offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such Pain of Death and incurr the Forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any Estate of Freehold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any act or thing to be Treason nor hear or determin any Treason in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving always unto all and singular Persons Bodies Politick and Corporate their Heirs and successors others then the said Earl and his Heirs and such as Claim from by or under him all such Right Title and Interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contain'd to the contrary notwithstanding Provided That the passing of this present Act or His Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament But that this present Sessions of Parliament and all Bills and Matters whatsoever depending in Parliament and not fully Enacted or Determined and all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The day following the King wrote this Letter to the Lords on the behalf of the Earl of Strafford and sent it by the Prince My Lords I Did yesterday satisfie the Iustice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseparable to a King as Iustice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your house is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more Willing but certainly 't will make me more Chearful in Granting your Iust Grievances But if no less then his life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye is were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand and delivered by the Hand of the Prince was twice Read in the House and after serious and sad Consideration the
Straffords Defence Lord Cottington a Witness E. of Strafford Lord Cottington a Witness E. of Strafford Lord Cottington a Witness Sir Arthur Ingram a Witness E. of Strafford E. of Strafford Lord Dillon a Witness E. of Strafford Mr. Maynard's Reply Article XII Charge Mr. Maynard Proclamation Proclamation Mr. Maynard Mr. Crosby Witness Mr. Maynard Mr. Allen. Winness Mr. Welsh Witness Mr. Gough Witness Patrick Gough Witness E. of Strafford Mr. Maynard Mr. Glyn. Mr. Blunkett Witness E. of Strafford Mr. Glyn. Mr. Crosby Mr. Maynard Mr. Maynard Mr. Gibson Mr. Slings by E. of Strafford Lord Robert Dillon E. of Strafford Mr. Gibson Mr. Maynard Mr. Gibson Article XIII Charge Benjamin Croky Witness Sir Iohn Clotworthy Witness E. of Strafford L. Rainalaugh Sir Iohn Clotworthy Witness L. Rainalaugh Witness Mr. Gough Witness Mr. Firzgarret Witness Mr. Maynard Mr. Maynard Mr. Glyn. Article XV. Charge Mr. Palmer Mr. Savill Witness Mr. Glyn. Mr. Savill Mr. Palmer Mr. Savill Mr. Maynard L. Strafford Mr. Palmer Mr. Pym. Mr. Savill Witness Mr. Palmer L. Steward Mr. Palmer Mr. Savill Gough Witness Richard Welsh Witness Patrick Cleare Witness Nicholas Ardah Witness Berne Witness Mr. Palmer Mr. Maynard Mr. Kennedy Mr. Palmer Mr. Little Witness Mr. Palmer Mr. Maynard Lord Strafford Lord Rana laugh Mr. Palmer Mr. Palmer E. of Strafford Defence Lord Dillon Mr. Palmer E. of Strafford Lord Dillon Tyrringham Conley Witness Henry Dillon Tyrringham Ranailaugh Strafford Palmer E. of Strafford E. of Strafford Mr. Palmer Mr. Pym. Mr. Palmer E. of Strafford Ardah Witness Savill Witness Dillon Witness E. of Strafford Mr. Palmer Reply Sir Arthur Tyrringham Article XVI Charge Iohn Loftus Witness Wade Witness Lorky Witness Richard Wade Witness Mr. Palmer Lord Roche Witness E. of Strafford Nash Witness Parry Witness E. of Strafford Mr. Palmer Afterwards His Majesties Attorney-General Linch Witness Fitz-gerard Witness Mr. Palmer E. of Strafford E. of Strafford Mr. Riley Witness Mr. Maynard Mr. Ralton E. of Strafford Mr. Gibson Dillon Wit ness Mr. Maynard Mr. Maynard E. of Strafford Mr. Wether inge Ralton E. of Strafford Slingsby Witness Little Witness E. of Strafford Mr. Palmers Reply Mr. Palmer Torky Witness E. of Strafford E. of Strafford Richard Wade Witness Patrick Gough Witness Mr. Glyn. Article XIX Charge Mr. Maynard Mr. Maxwel Mr. Whitlock Sir Iohn Clotworthy Witness Mr. Whitlock Mr. Salmon Witness Iohn Loftus Witness Mr. Whitlock Defence E. of Strafford Robert Lord Dillon Witness Manwaring Sir Adam Loftus Witness Maynard Whitlock E. of Strafford Mr. Slingsby Witness Trueman Witness Little Witness Ralton Sir Philip Manwaring Witness Robert Lord Dillon Witness Sir Adam Loftus Witness Sir Philip Manwaring Witness Whitlock's Reply Mr. Whitlock Mr. Maynard Stroud E. of Strafford Stroud E. of Strafford Article XX. Charge Article XXI Charge Article XXII Charge Artic. XXIII Charge Art XXIV Charge L. High Steward Whitlock E. of Strafford Whitlock Maynard L. H. Steward Mr. Whitlock E. of Strafford Mr. Maynard E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Traquair Mr. Whitlock E. of Traquair Mr. Palmer Mr. Maynard E. of Strafford E. of Traquair E. of Strafford L. Digby Mr. Glyn. E. of Strafford Mr. Glyn. E. of Traquair Mr. Whitlock E. of Strafford Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Glyn. E. of Strafford Mr. Whitlock E. of Strafford L. H. Steward E. of Morton Mr. Whitlock Mr. Whitlock E. of Traquair Witness Mr. Glyn. Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Strafford Mr. Whitlock E. of Northumberland Witness Bish. of London Witness Mr. Barnewell Witness Mr. Whitlock Archbishop of Armagh Witness L. Conway Witness Sir Henry Vane Witness Mr. Whitlock Sir Ro. King Witness L. Ranalaugh Witness L. Ranalaugh Witness Mr. Whitlock Mr. Maynard Sir Thomas Barrington Witness King Witness Ranalaugh Witness Mr. Whitlock Sir Tho. German Witness E. of Bristol Witness E. of Holland Witness Mr. Whitlock Sir Henry Vane Witness Mr. Whitlock E. of Clare L. H. Steward Mr. Maynard Mr. Whitlock E. of Strafford Mr. Glyn. E. of Strafford Slingsby Witness E. of Strafford Marquis Hamilton Witness Mr. Slingsby Witness Sir George Wentworth Mr. Maynard E. of Strafford L. Treasurer Witness Mr. Maynard L. Treasurer Witness L. Cottington Mr. Maynard L. Cottington Mr. Maynard L. Cottington Marq. Hamilton Witness E. of Strafford M. Hamilton L. Goring Witness Mr. German Witness Mr. Glyn. L. Treasurer L. Cottington E. of Strafford Mr. Whitlock's Reply L. Conway Mr. Maynard Mr. Maynard Mr. Glynn L. Cottington Mr. Glynn Mr. Pym. Artic. XXV Charge Mr. Maynard L. Treasurer Tho. Wiseman Witness Tho. Wiseman Witness E. of Berkshire Garaway Lord Mayor of London E. of Strafford Garaway Defence of the E. of Strafford Mr. Glyn. Art XXVI Charge Robert Edwards Witness Palmer Witness Mr. Maynard Mr. Maynard Mr. Henley Witness E. of Straffords Defence I. Cottington Witness Mr. Maynard Mr. Maynards Reply Mr. Whitlock Mr. Strowd Garaway Witness Mr. Glyn. Mr. Strowde Art XXVII Charge Mr. Maynard Sir Hugh Cholmeley Witness Sir Henry Cholmley Witness Hotham Witness Stapleton Witness L. Wharton Witness Pennyman 〈◊〉 Mr. Maynard Griffin Witness Lord Clare Mr. Glyn. Mr. Strickland Witness Burroughes Witness Cholmeley Witness Dowsen Witness Pierson Witness Ingram Witness Griffin Witness Cholmley Witness Mr. Maynard E. of Straffords Defence Neale Witness Osborne Witness Mr. Maynard Pennyman Witness E. of Strafford L. Wharton L. Wharton Pennyman Witness Mr. Maynard Mr. Glynn Mr. Maynard E. Strafford Pennyman Witness Savill Witness Pennyman Witness Osborne Witness Savill Witness Rhodes Witness Danby Witness Mr. Maynard Wentworth Witness E. of Strafford Strickland Witness Edw. Osborne Wil. Pennyman E. of Strafford Mr. Maynard Cholmeley Witness E. of Strafford Mr. Glyn. Mr. Whitlock E. of Strafford Mr. Whitlock Mr. Maynard Mr. Glyn. Mr. Maynard Mr. Glyn. Object Answ. Object Answ. Owen ' s Case of Sandwich in Kent The House of Commons Adjourned upon this Speech of the Kings in some dissatisfaction May the 3. the Commons having a Plot discovered fall into the Debate thereof And the same day Resolve upon a Protestation The Preamble to the Protestation The Commons send a Message to the Lords concerning the Plot. And desire a Select Committee to take Examinations upon Oath And that no Servant of the King or Queens Majesty departs the Kingdom till they be examined And sent a Letter to the Army to assure them of the Parliaments care of them The Commons past several Resolves These Resolves and the Protestation commuicated to the Lords Mr. Hollis his Speech in a Message to the Lords about the Plot. Multitudes of people flock to Westminster crying Iustice Iustice c. The people assemble again in multitudes which the Lords communicate to the Commons at a Conference And communicates the Petition of the multitude as followeth Desiring Justice and Execution upon the Earl of Strafford To be secured against Plots And against a Garrison newly put into the Tower To make way forth Earl of Straffords escape The Lords send Six Peers to the Tower to inquire of this business The Lieutenant said he had His Majesties Command to receive 100 men The Lords at the Conference declared That the Tumults hindred their proceeding upon the Bill of Attainder The Lords took the Protestation And the multitudes departed A Bill for the continuance of the present Parliament twice read The Earl of Straffords Letter to the King A great Hubbub in the City Conspirators fled The Queen desigas to goe to Portsmouth Proclamation to call in the Conspirators A Letter to prevent the design to engage the Army against the Parliament sent to Sir Iacob Ashly and Sir Iohn Conyers The Plot consisted of thre heads Capt. Bilingsly his Examination that he had Orders to get 100 men into the Tower The Earl expostulates about his escape Examination of three Witnesses more as as to the Earls escape Col Gorings examination about the Plot. Mr. Peircy his better against the Plot. Father Philips his Letter against the Parliament Earl of Holland General of the Army Father Philips to be sent for He appears Several Votes against Ar. Peircy about the Plot. Barkley and O-Neal are fled Mr. Peircy charged with High Treason A Vote to vindicate Col. Goring Bill of Attainder and for continuance of the Parliament passed Message to the Lords to move the King for His Consent to pass the Bill of Attainder To Press Mariners The King Judges and Bishops consult about Strafford The King gives Warrant for a Commission to give His Assent to the Bill for execution of the Earl of Strafford The Royal Assent given this day and the Bill passed The King consents that the Irish Army should be instantly disbanded Thanks returned to His Majesty The Earl of Strafford's Petition to the House of Peers The Bill of Attainder * This Proviso hath occasioned the common discourse and opinion that this Judgment against the Earl was Enacted never to be drawn into President The Kings Letter on behalf of the Earl of Strafford Twelve Lords sent to the King QueenMother The Earl of Strafford brought to the Scaffold His Speech His Majestys Propositions tothe House of Commons touching Supply See page in the First Part of Historical Collections The Charge of the Scotch Commissioners presented to the Parliament The description of his Person and Family Mr. Slingsby's Interment His Extraction and Education
Revenue nor as I conceive ever came into Accompt nor was paid into the Exchequer as will appear on the Fifteenth Article but was a Gift of the Country and applyed to the Kings Occasions and that determined the Revenue fell short 20000 l. of the Charge Besides when I came into Ireland the Crown was extreamly indebted above as I think not to stand on particular sums and pence 100000 l. Sterling And by the Gentleman 's own saying when I came out of Ireland I left 100000 l. in the Kings Coffers And if any ask where the Accompt for the Subsidies is There is 100000 l. Debt paid 100000 l. left in the Kings Coffers For it appears by Sir Adam Loftus that there was 100000 l. in the Exchequer when I came from thence There was 15000 l. employed for buying Land that yields the King 2000 l. a year And so much of my Lord of Ormond as yields 2500 l. a year So that the Accompts will shew the bestowing of the Subsidies with as much Advantage as might be for the Kings Service That the Revenue was short I could make appear clearly The occasion that no money came out of the Exchequer was accidental by a Contribution of the Country no Revenue of the Kings And if that had not been supplyed there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue and that is the point wherein I differ from the Gentleman his meaning being That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom And I desire that Sir Adam Loftus and Sir Robert Dillom may be examined upon such questions as shall be propounded in this point Your Lordship may examine them but not upon Oath I will not displease but perfectly obey in every thing It will not be denied but the Revenue is increased by such means as my Lord of Strafford hath increased it by yet it was not the natural Revenue but the additional part that came in by the Bounty of the Country that supported the Charge many years before my Lord of Strafford came So that if it be said Ireland supported not it self before he came thither in the general sense it is untrue if it be said in a special sense that the Kings proper Revenue did not support it that his Lordship says is true Whence I infer that it was not much material to insist on this for I meant it so and it is plain and clear that the Kings Revenue there was not able to bear the Charge of that Kingdom by very near 23000 l. or 24000 l. a year And it is now able to bear its own Charges and yet there is an increase of Charge by 600 Horse by which the Army is stronger than it was And whereas it is said I was short in the Shipping I affirm that under favour I was not It is true that in the time of the late Justices my Lord of Corke and my Lord Loftus the last years Charge of the Shipping was paid forth of Ireland But it is as true that when the Kingdom underwent the Charge they lessened the Charge of the Kings Army by striking 500 off from the Army and transferred the Charge of their pay to the easing of the Kings Revenue on the Navy But that Charge being now increased again and brought to the former certainty I conceive I might truly say There was in my time an ease to the Crown of England all things considered which formerly it had not It being not with the prejudice of the Kings Service elsewhere or lessening the standing Army which in all times hath been the strongest support of the Kings Justice and Ministers there and which it deeply concerns the Crown of England to keep in such a Condition that they may be responsible to the King for the Services he shall Command So that though the Shipping Charge was paid the last year yet so paid that the Kings Army was weakened 500 Foot whereas now it is paid and the Kings Army raised to a certainty again and a Change is made to the better for instead of 500 Foot there is 600 Horse And that I say my Lord of Corke remembers very well there being Letters of his That Sir Pierce Crosby his Regiment should be put off and the money for maintenance thereof should go to defray the Charge of the Kings Ships for guard of the Coast. And yet the Charge is much more now than it was for the Charge was then only two Whelpes as my Lord Mountnorris said And now there be three Ships The Swallow a Ship of the Third Rank and two lesser Vessels so that I conceive my Answer in my sense was true For the matter of having money out of the Exchequer I conceive my Answer to contain no matter of Untruth for I had out of the Exchequer only 15000 l. and for that the King will be answered 2000 l. a year good Fee-farm Rent in lieu of it which he thought was no ill bargain It is true I say the money spoken of by Sir Adam Loftus was borrowed on my own and Sir George Ratcliffes Bond to be paid upon sight At that time I praise God I had Credit for 20000 l. and at this time I thank God for that too I have not Credit for 20 d. Gods Will be done I obey it But this money is honestly and justly paid Where is the Crime then might not I borrow of a Gentleman that would trust me with money but it must be an Offence It is true it was of the Kings money but the King had no use for it at that time Had not I made use of it it must otherwise have lain in the Exchequer and yielded no profit and besides I borrowed it of one that was Accomptable for it But since I am put to it I will shew that which will clear it from being a Crime indeed which according to the Duty I owe unto His Majesty my Master his Command hitherto have I kept private to my self And that is the Kings Warrant being all of His own Hand writing Sir Adam Loftus being then Vice-Treasurer and now demanded the question Whether that Warrant was produced to him at the borrowing of the money confessed that my Lord of Strafford never told him of the Warrant The Warrant was read containing a Licence to make use of 40000 l. of His Majesties Treasure now in the hands of His Majesties Vice-Treasurer for three years Provided that for Security there be always left in the hands of the Comptrollers a Stock of Tobacco amounting to 40000 l. at the least with a direction to conceal this particular favour to him that it might not be brought into precedent There was accordingly so much Tobacco left But by what Law I know not The Magazines are seized on by Order from the Commons House of Parliament my Goods possessed and given over to others to sell at their own prices my
such thing was spoken that there was 100000 l. in the Kings Coffers And for the 50000 l. received by me in England Mr. Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the Kings Army was in want I desire Your Lordships to observe It was two years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in anything else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir Iohn Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Ratcliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And that if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted from the Deputy and Council the Bill against which he Voted was transmitted Sir Pierce Crosby was there and set his hand to the transmission and because he did not except against it then being a Member of the Board but did except against it afterwards it was thought fit he should be Sequestred as I remember till His Majesties Pleasure should be known but Committed he was not And it was done by the Vote of the whole Board but no way to infringe the Liberty of the House and so in Obedience to Your Lordships as near as I could with a great deal of Weakness and Infirmity I have said as much as I can for the present recollect towards the making good the Truth of my Preamble And I conclude with this humble suit there being some Exception took at some Words that fell from me Many mens Tongues and Mouthes may offend where their Hearts do not And that in truth I may say my Heart did not offend against that Reverence and Duty I shall always pay on all occasions to the Honourable House of Commons and every Member of it but to others that are neither Members of this House nor of the House in Ireland I meant what I said And I do beseech the Gentlemen of the House of Commons to accept my Acknowledgment of this truth and that my Words may not be any ways raised against me as a Cause of their thinking worse of me or that I should be peccant or offending in having other thoughts of the Members and Proceedings of the House than with all Submission and all belief of the Equity of it To which Defence one of the Managers appointed for this days Service briefly replyed in substance as followeth What I have said in Answer of the Preamble was not by way of Charge but only for disproof of that whereby my Lord of Strafford would take away or nullifie the Charge So that if the Charge remains in force the Services performed by him are not effectual to mitigate it That what we have proposed still stands unavoided as we conceive notwithstanding any thing my Lord of Strafford hath said That as concerning Sir Pierce Crosby his agreeing to the Transmission if that be true That there is a preparative part of the Law and there Sir Pierce Crosby might speak as a Councellor But there is a Legislative part of the Law and that is done in Parliament and these being distinct if Sir Pierce Crosby did do any thing at Council-Table it deprived him not of his Liberty to speak in Parliament But we are informed he gave his denial to consent to the Transmission And if my Lord of Strafford were not guilty in his own Person of breach of Priviledge yet if under his Government Priviledge of Parliament be broken it is no matter of Merit to say he procured Parliaments It is no Answer to say
have opened That Law might no where stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction In taking on him a Power to make Laws In Domineering and Tyrannizing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might Your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall now come to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Iac. which the then Lord Deputy had in which was that Legal phrase Secundum antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estatâ— That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions than no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the Kings Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State should serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing The Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Councels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The Kings little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majesties Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not that disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we present next is a Peer of the Kingdom thrust out of his Possession by my Lord of Straffords Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Straffords Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these
he heard my Lord of Strafford speak touching Ireland being a Conquered Nation and that the Charters of it were of no value further then it pleased the King to make them His Lordship answered And first desired leave to speak a word hoping he should do no wrong to any man That when he had obtained my Lords Licence under the Great Seal to come over hither he came with as great a Resolution never to complain of any sufferings he had or to Petition against him as any man did and left all his Papers and Writings behind him that he might have nothing to move him against my Lord of Strafford but to do him all the service he could To the question his Lordship said That all he can say is this that he was present that day the Mayor of Dublin was presented to my Lord Deputy that then was and the Recorder set forth the Great Charters they had from the several Kings of England and fell on that matter of placing Soldiers in Dublin without their consent That my Lords Answer was You must understand Mr. Recorder Ireland is a conquered Nation and the King may give them what Laws he pleases And then going forward with the Charters he said They be old Antiquated Charters and no further good than the King is pleased to make them To that sense he said he is sure We desire to observe to Your Lordships That this time was not the only time he spoke the very words in effect to the whole Kingdom afterwards in Parliament The Lord Gorminstone produced and Sworn Being asked whether he heard my Lord of Strafford speak words to the effect as aforesaid That Ireland was a conquered Nation c. His Lordship Answered That he remembers that in the 10th year of the Kings Reign 1634 on occasion of a Petition presented to my Lord Lieutenant in behalf of the Country as far as his remembrance leads him from the House of Commons desiring the benefit of some Graces His Majesty had been pleased to confer on them and he in the open Parliament sitting under the Cloth of State in presence of both Houses told them Ireland was a conquered Nation and they must expect Laws as from a Conquerour And the Instructions granted from His Majesty for setling the Government of that Kingdom were procured from a company of narrow-hearted Commissioners Being asked on my Lord of Strafford's motion when these words were spoken whether the first day of the Parliament or at any other time His Lordship answered That to his best remembrance it was not the first day of the Parliament My Lord of Strafford saying it was at the opening of the Parliament and the second day my Lord Gorminstone being further asked about the time His Lordship answered He knew not whether it were the second day or another day but the particular words he took notice of and it was in presence of both Houses of Parliament the Speaker standing at the Barr. The Lord Killmallock produced and Sworn and interrogated touching the same words His Lordship answered That he was a Member of the Commons House the 10th and 11th of the King and the House of Commons Petitioned the then Lord Deputy the Earl of Strafford for the gaining of the Act of Limitations for the confirming of their Estates amongst other Graces granted to the Agents for that Kingdom in the fourth year of the King These Graces he answered to in writing and on the second or third day after came into the House of Lords and there sent for the Commons and in his Speech amongst other things I well remember and to my grief and to the grief of that Kingdom he uttered these words That that Kingdom was a conquered Nation the words as he remembred and therefore they must expect Laws as from a Conquerour adding further that the Book of Instructions established in King Iames his Reign for the orderly Government of the Courts of Justice in that Kingdom were Instructions contrived and procured by a Company of narrow-hearted Commissioners who knew not what belonged to Government Sir Pierce Crosby being asked touching the same words Answered That he very well remembred the words as they had been spoken by the Noblemen that had been examined before him My Lord of Strafford then Lord Deputy of Ireland in the hearing of both Houses said That Ireland was a conquered Nation and that the Conquerour should give the Law He added further that the Book of Instructions for the Government of that Kingdom was drawn up or procured by the means of some narrow-hearted Commissioners meaning those Commissioners that were employed by Commission from the King out of the House of Commons being a select Committee whereof there was one that is now a Noble Member of this House that sits on the Earls Bench And that he hath heard many of both Houses repeat the same words as spoken by him And so the Commons concluded the Article expecting my Lord of Straffords Answer After a quarter of an hours respit my Lord of Strafford began his Defence as followeth First I desire to open two points set forth in my Answer which under favour I must stand to as that by which I must stand or fall First That the Kingdom of Ireland as I conceive is governed by Customs and Statutes and Execution of Martial Law and Proceedings at Council-Board in a different manner from the Laws of England Secondly That touching the Charters I said these Charters were void and nothing worth and did not bind the King further than he pleased both which I hope to make good The other business that comes in De novo is no part of my Charge and therefore I hope will not be laid to my Charge I observe in the beginning of this part of the Charge that concerns Ireland That the Governours for the Crown of England that have been it Ireland in all Ages almost have had these misfortunes That the Native Subjects of that Country have not been propitious towards them I instance in the case of Sir Io. Perott who on Testimonies here was Attainted of Treason in a Legal ordinary way of proceeding whereupon he lost his Estate though not his Life and afterwards it was confest there was little truth in all that Accusation Next my Lord of Faulkland against whom many of the Witnesses that I think will come against me informed as Sir Pierce Crosby for one my Lord Mountnorris for another and divers others who had so prejudicated me when I went into Ireland in their Opinion by the generality of their Charge that I was a little distrustful whether it was not so And thus much I have spoken once before His Majesty at the Council-Board on another occasion and now speak it to Your Lordships to the Honour of that Person that is now with God my Lord of Faulkland notwithstanding all the heavy cries that were against him and the wrongs and injuries laid to his Charge I
I said at that time tended to that purpose to shew and set forth to them the excellent Goodness of His Majesty and the Graciousness of His Government Therefore if I should say any thing to the purpose as it is offered I should go much against the purpose for which I intended my Discourse For me to have said openly there in the King's Chair that they were a Conquer'd Nation and must expect Laws from Him as from a Conqueror when I knew it most false and expected from His Majesty that He would Govern them by the same righteous Rules of Justice and Honour as his Predecessors had before him I had been much too blame and it had been against the drift of my Discourse And I must say and will say to the death I never spake such words That they must expect Laws from Him as from a Conqueror I know very well how it is proved and what my own affirmation doth in foro Iudicii but how it may work in foro Conscientiae I trust I have so much credit left in the World as to be known to be a man of truth and not usually to speak untruths And I take the heavenly God to Witness that I never spake them I remember the words and the occasion by a good token without which I should not have remembred them my Friends desiring a Copy of my Speech which Copy is in Ireland and were it here would satisfie every man It was to incline them to take into consideration the great Debt that lay on the Crown being near 100000 l. the shortness of the Revenue which was then short of the yearly Charge 24000 l. though the first day it was stood upon and would have been coloured over as if there had been no such thing I was to move thereunto a supply to pay the Debt and to improve the Revenue to such a height as might answer the Charge of the Kingdom that to induce this I told them the Kingdom of England had expended great and vast Sums of Money and had issued a great deal of Noble blood for the reducing of them to Obedience and in that happy State wherein they then lived That they must not think the Kingdom of England must always bear the Charge of the Crown but they must so fit the business that the Kingdom may bear its own Charge For said I and these are the words I take God Almighty to Witness and no other If the Kingdom of England should still be put to their Charges and the whole Expence should still rest on the Conqueror you might very well think you are so dealt withall as never any other Conquer'd Nation had been That on these words my Lord of Ormond came to me and told me That the words he had spoken were not well taken For that I had said The Irish are a Conquer'd Nation and that is not well I answered his Lordship Truly my Lord you are a Conquer'd Nation but you see how I speak it and no otherwise But this I am not charged with and offer it only to keep and preserve me in a good Opinion as much as I can of both Houses of Parliament which I desire of all things under Heaven next the Favour of Almighty God and his Gracious Majesty He then proceeded to examine Witnesses And first Robert Lord Dillom being asked Whether he was present when he spake these words to both Houses of Parliament and what they were We desire to put your Lordships in mind that there were two times when my Lord spake such words one when he spake to hoth Houses of Parliament at the Publick Speeeh now mentioned the other upon delivering a Petition by the House of Commons That the words which the Commons Charge were the last mentioned by me not the first and that was desired to be observed The Question being repeated The Lord Dillom Answered That he served as a Member of the Commons House that Parliament and in respect of the Honour he had to be of the King's Council and the Son of a Peer of the Realm he stood under the Cloath of State and was present when my Lord made his Speech to both Houses for that passage of the Conquest some touch there was of it and he hath heard my Lord of Ormond speak in particular of it For the other words That they should expect Laws as from a Conqueror he took God to witness he did not remember them Being asked whether he remembers them to be spoken at any other time He answered That on his Soul he doth not Sir Adam Loftus being asked to the same purpose He Answered That he was the first and the last day at the Parliament that he doth not well remember the middle day and he cannot burden his memory with any such words spoken that he heard either then or at any other time Sir Robert King was called and asked to the same purpose He Answered That he thinks he was present that day but not within hearing and he never heard the words at any other time Lord Renula being asked Whether then or at any time he heard my Lord of Strafford say They must expect Laws from the King as from a Conqueror He Answered That he was then in the House and remembers the words in the first place That Ireland was a Conquer'd Nation that for the words in the second place something was spoken but how far he cannot witness Sir George Wentworth questioned on the same Point Answered That he sate under the Chair of State at that time and remembers not that my Lord ever spake these words That the King might do with them as he pleased That it pleased my Lord-Lieutenant to send him into England at that time to attend His Majesty with the Success of that Parliament and that he brought the Speech with him and can confidently affirm There was no such thing in the Speech and the Speech he did deliver to some Privy-Counsellor and added That he never heard my Lord publickly or privately say those words They must expect Laws from the King as from a Conqueror We desire to know Whether the Witness was returned out of England when this Remonstrance was delivered For the Commons Charge it thus That the House of Commons delivered a Petition to have the Laws executed according to the Instructions upon which the words were spoken and we believe Sir George Wentworth was not come back and then it was impossible he should hear him for it was after the Parliament had sate and some proceedings had I observe How it is in some of the Witnesses for my Lord Gorminstone fixed it on the first beginning of the Parliament He spake it to the occasion of the Petition but the distinct time he doth not remember Sir George Wentworth being asked touching the time of his going into England He desired to know what time the Petition was delivered but he went over some few days after the Subsidies were granted
Lords but that he spake only to the point of time My Lord of Strafford did here affirm it to be most certainly true That the Petition concerning the things Mr. Fitzgarret mentions was delivered at Council-Board and not in Parliament and desiring Mr. Fitzgarrets further explanation of himself He Answered That he conceives there were two Petitions one as he thinks concerning the performance of the Instructions of 1628. whereunto an Answer might be given at Council-Board and he believes it was subscribed by many of the Council There was another Petition of Grievances seeking redress of them and to whether of these his Lordship gave an Answer in Parliament he remembers not but believes there was an Answer made to both or one of them in full Parliament The Lord Gorminstone being demanded at what time and on what occasion my Lord of Strafford spake the words he was examined on before in the Parliament at Dublin He Answered A Petition was delivered to my Lord of Strafford and he spake to the House wherein he spake the words that he had formerly related That they must expect Laws as from a Conqueror and that the Instructions published for the setling of that Government were procured by a company of narrow hearted Commissioners That he did not then remember the certain time but he is sure it was in Parliament and so resented that almost all took notice of it when most part were English and British Extractions and very few Irish. The Lord Killmallock being demanded to the same purpose Answered That he conceived the occasion was a delivery of a Petition to his Lordship It is true it was not delivered in Parliament nor were the words spoken at the Council-Table where the Petition was delivered But he conceives it was on occasion of delivering that Petition that his Lordship speaks For after the Petition was delivered three or four days after his Lordship came to the Parliament House he called both Houses before him and there delivered these words That Ireland was a Conquered Nation and therefore must expect Laws as from a Conqueror Adding further That the Book of Instructions meaning the Book Printed in King Iames His Reign for the orderly Government of the Courts of Justice was contrived and procured by a company of narrow-hearted Commissioners who knew not what belonged to Government The words he said he remembers very perfectly as having great misery on his heart in the speaking And whereas it is said none did take notice of them They did but they durst not it wrought inwardly and had they spoken of it they expected no redress but a greater addition of calamity to them We shall now proceed and observe That this Article touching the Laws of Ireland gives the ground-work of what follows in the subsequent Articles concerning Ireland And first We desire Your Lordships to take into remembrance That though Ireland differ in some particular Statutes from England yet they enjoy the same Common Law without any difference That by the Statute 28 H. 6. in Ireland It is Enacted That every Cause shall be remitted to its proper Court It is true the King hath this Prerogative not to be tied to sue in the Kings-Bench but may sue in any Courts of Justice for matters Triable in the Common-Pleas or Chancery or Exchequer all Courts are open to him wherever he will have his Cause judged but with the Subject the proper Cause must go to the proper Court and according to this the exercise and use is continued in that Kingdom Some Incroachments being made King Iames of blessed memory took consideration of it he appointed Commissioners and Instructions were Printed in pursuance of this A Noble Earl now present Justice Iones Sergeant Crew and divers others were imployed in that Service These Instructions as they remit the Causes to the proper Courts so they declare that it had crept in at the Council-Table in latter times to take Oaths but direct that it shall be forborn for matters of Interest and Complaint between party and party and matters of Title And it stays not here but a Proclamation is issued to the same effect This Statute these Instructions and this Proclamation we desire may be read Accordingly the Statute was read whereby it was ordained to the Governour of the Land or other Officer for the time being He that accuses shall find sufficient sureties for the damage of him that is accused and if it shall be adjudged that the Suggestion or Accusation is not true c. And also that he that is Arrested may go by Surety or Bail till the matter be determined And if it be matter of Treason or Felony to be remitted to the Kings-Bench if Conscience to the Chancery if Franchise to the Seneschal of the Liberty if for Debt to the Common-Pleas c. saving the Kings Prerogative Then part of the Instructions were read published 1622. wherein it is Ordered That the Council-Table shall keep it self within its proper bounds Amongst which the Patents of Plantations and the Offices on which the Grants are founded are to be handled as matters of State and to be determined by the Lord Deputy and Council publickly but Titles between party and party are to be left to the ordinary course of Law and neither Lord-Deputy Governour nor Council-Table hereafter to intermeddle or trouble themselves with ordinary businesses within Cognizance of ordinary Courts nor meddle with possession of Land nor make or use private Orders Hearings or References concerning such matters nor grant Injunctions nor Orders for stay of Suits at Common Law Causes recommended from the Council of England and spiritual Causes concerning the Church excepted Then the Proclamation was read dated November 7. 1625. whereby it is commanded That the Deputy and Council-Chamber in Ireland then and from time to come shall not entertain or take consideration of any private Cause or Causes or Controversies between party and party concerning their private and particular Estates nor any Cause or Controversie of that Board which are not of that nature that do properly concern matter of State But that all Causes and Controversies of that nature moved or depending between party and party concerning private and particular Interests be proceeded in in the ordinary Courts of that Kingdom respectively to whom the Cognizance of these Causes and Controversies doth belong c. For that Objection from the Opinion of my Lord Cooke in Calvins Case if it were an Opinion to the contrary in an Argument it is no binding Authority But that Opinion is nothing at all against what hath been said for it is express That Ireland did retain the same Common Law with England It is true Ireland hath Statutes and Customs particularly retained and so there be divers particular Customs in England that differ from the Common Law yet are approved and allowed in it as in Wales and the Custom of Gavel-kind and the Common Law which is the general Government is the
Communicate it to any man till I brought the Letter because I was resolved to speak of it to no man living and in conclusion left it wholly to the Council For the words That I would not lose my share in the Honour of that Sentence if I spake the words I meant the Justice and satisfaction done me by that Sentence being by the prime Officers of the Kingdom And whereas it was said yesterday that though I thought it hard to lay words to my Charge yet I thought it not hard to lay words to the Lord Mountnorris his Charge there is a difference between laying words to a man's Charge to Accuse and Condemn him of High-Treason to loss of Estate Life Honour and Posterity and pressing words to only two days Imprisonment being only intended to discipline my Lord Mountnorris and teach him to govern his Speech with more modesty His Defence to the business of Denwitt's Execution He confesses his Vote concurred and thinks he had Authority and may justifie it He produced the Sentence Dated 13. February 1638. where his Crimes are set forth to be the fellonious stealing of a quarrer of Beef and running away from his Colours in breach of the 9th and 6th Articles for which he was sentenced to Death according to the use of Martial-Law His Lordship opened the Nature of the Offence being committed at a time when the 500 men were attending to go to Carlisle and the Example might be dangerous and desired Sir George Mountnorris might be asked Whether Denwitt was not convicted to be guilty adding that he had been burnt in the hand and running from his Colours is death by the Laws of Ireland He produced a Statute of Ireland 20 H. 6. C. 19. whereby it is Enacted That every man that receives the King's Wages and departs from his Captain c. shall be proceeded against as a Felon As also the Statute 7 H. 7. C. 1. The departing of a Souldier from his Colours is Felony and the Offendor to undergo punishment of Law And 10 H. 7. all Laws formerly made in England are to be in force in Ireland and so that of 7 H. 7. For further clearing whereof he refers himself to the Council One of the Managers did make Reply in substance as followeth That if this Fact be not Treason yet it seems to prove his Intention to subvert the Law which is Treason Whereas he hopes for the King's Mercy so the Commons do as really trust for the King's Justice The Commission he insists on is limitted with Si opus fuerit and the King intends Execution according to Law Magna Charta and the rest of the Laws of England being of force in Ireland There hath been an Army in pay in Ireland since Henry the Eighths time and so there are some in pay here in Portsmouth and Plymouth and yet it follows not England must be Governed by Martial-Law The Lord Wilmott was produced by him to justifie the publishing of Orders and exercise of Martial Law in Ireland But we Appeal to your Lordships Whether he gave Testimony of executing any by Martial-Law Sir Adam Loftus says There are Provost-Marshalls and they do use to put men to death but they are Rebels whom they execute which squares not with this Case only that of Sir Thomas Wayneman is a full President For the King's Letter it is written on his Information and if the King's Ministers misinform him He is just before God and men and the Letter directs Reparation as it was fit there should be My Lord pretends he was no Judge in the Cause your Lordships may remember who procured the Letter to proceed and who sate there to manage the business though he sate with his Hat off if he would have been indifferent he should have left the Counsellors to themselves And when some moved they might proceed on one Article he cryed both and so he was the Procurer of the Sentence with which he is charged not with the Voting of it He pretends he sate by and said nothing yet no man talked more at the Sentence than himself He proves not the Course of Martial-Law and there is a Judge-Marshal to whom in any proceedings in a Martial way address should be made and it was desired he might be called to testifie how they went about it Another of the Managers did add by way of Reply That whereas my Lord of Strafford insists much as if Martial-Law were part of the same Law of Ireland but the 25 E. 3. is in force there and that is recited in the Petition of Right in force here as the ground why Martial-Law ought not to be in England and therefore there is the same ground why it should not be in Ireland For that Commission he speaks of Opus est is Martial-Law when there is bellum flagrans but what need was there of Martial-Law in my Lord Mountnorris his Case when he would rather lose his Hand than the Sentence be executed For the Orders made by my Lord Wilmott and others there is difference between making an Order in way of terror for fear of Execution and putting that thing in execution Many Witnesses are produced to prove the practise but not one speaks in point of Execution unless upon Rebels and Traytors and such as would not come into Law whereas my Lord Mountnorris was had into the Law Whereas he takes the Example of those before him the Commons cannot see the Restrictions put upon his Commission for Martial-Law but in the preceding Deputies time there was a limitation that the Provost should leave the Souldiers to trial at Law except in time of War and Rebellion The Statute of 20 H. 6. is against him for it makes the Souldiers running from his Colours Felony and certainly meant it should be tried by that Law that makes it Felony which would have given him the benefit of Clergy not by Martial-Law And though he thinks he may justifie it he falls at last to a Pardon He says He acquainted no body before hand with the business but if he may give the Interpretation he will be sure to put a good end to it if he would not prepare the Council for Justice why should not the Delinquent be prepared The words are pretended to be spoken in April my Lord of Strafford procures the King's Letter in Iuly and questions it not till December here is no opus est The very words of the Order the Witnesses were examined by our Command which make it his own One of the Managers desired that two of the Instructions of former Deputies might be read To this my Lord of Strafford excepted as supplemental and dangerous and not warranted by any other Judicature After some debate touching the admitting of my Lord of Ely to be examined to the Course of Martial-Laws in Ireland being new matter arising out of his Answer It was Resolved that he should be examined only to that new matter The Earl of
thus levyed His Lordship added That the next Point he should have endeavoured to prove was That the Gentry that granted the Six score thousand pounds for Supply of the Army in my Lord Faulklands time agreed That the same should not be brought into the Kings Exchequer but be levyed by Soldiers nor be mentioned in any Accompt of the Kings least it should be mentioned to their prejudice but let the Gentlemen that manages the Evidence labour to prove this And Mr. Palmer declared again That they agreed to it Whence my Lord of Strafford observed That it concerned him both to make good the truth of his Answer and to tell their Lordships how narrowly he is moved to look to himself for though they now agree it to be done by the Agents and practised by them yet the first part of this Killing Charge is That he should Traiterously and Wickedly devise to subdue the Subjects of that Realm by levying Money on them But Mr. Palmer explained himself That they did admit the Contribution to be levied by the Agreement of the Agents and by consent but they intend not to admit that it did extend to a practice by his Predecessors for that it was formerly done they did in no sort admit And Mr. Pym added That they do not Charge him with levying the Contribution Money but with levying Money after the Contribution was paid which was more than the Contribution but that is not in issue So my Lord of Strafford concluded that Point That the Contribution for eight years before his coming was levied by Soldiers is admitted So that for all the things concerning that Contribution he did no more than was agreeable to the Agents themselves His Lordship then desired That the Second Article of my Lord of Faulklands Instructions might be Read by which he was expresly appointed to lay Soldiers on such as paid not their Rent to the King And it was Read ARTICLE II. FOr the Collection of our Rents in Cases of Default That First a Summoning Process shall Issue Secondly The Pursivant sent And Lastly if this be not sufficient in case the same be not levyed then our Vice-Treasurer by Warrant of our Deputy and Council shall appoint a competent number of Soldiers of the next Ayding and Garrison to collect the Rents of the charge of the Parties complained of having care that no man be burdened with a greater number of Soldiers than the Service shall necessarily require Mr. Palmer desiring That the first Article of these Instructions might be Read it was read accordingly AT the humble Request of our Subjects We are graciously pleas'd to direct for the better preservation and ease of our Subjects the Soldiers shall be called in c. My Lord of Strafford from his Proofes inferred That he had made it clearly appear That notwithstanding the Statute cited it had been the frequent use and custome of Ireland to assess Soldiers on Septs of Offenders for the levying of Exchequer-rents levying Debts as appears in one particular Case which is left in Dublin for the levying of the Composition Rents by Troops of Horse and Horsemen and for the Contribution that State gives no difference betwixt sessing for the Kings Rents and for contempts and disobedience to Justice and certainly it would be High-Treason for if the Deputy had power to assess the Soldiers without being guilty in the former Case certainly his assessing of Soldiers on Contemners to bring them to be ameneable to the Kings Justice cannot be by any construction made Treason in him So that though it comes not to the particular individuum yet it comes thus far that sessing of the Soldiers is a power that was in the Deputies of Ireland and so he trusts was by the Law of that Land without making them Traytors His Lordship did further alleadg That when he came into Ireland he found that none of the Kings Rents were levyed in other manner Paper-Attachments being given unto the Captains and they on these assignements levying the Money for their Entertainments that he was willing to remedy this being not much in love with the course and since his time it was never practised the Rents being brought in before it comes to that though if they had not been paid sooner it must have come to that And therefore he desired he might show them a Proclamation Issued within three months after he came into Ireland to show that he brought not the Custom with him but found it there Which Proclamation was Read being Dated 27 th December 1633. And Imported THat whereas the Surplusage of his Majesties Revenue is appointed to be applyed towards the Payment of the Army thereby to give the Countrey more ease c. To which Proclamation divers of the Counsellors Names were added and were now Read So that if Sessing of Soldiers in any case be Treason certainly it is in this Posito That if the Law be good it equally goes to both And so he conceives he hath shewed the use that hath been and must be of the Officers of the Army being the most ready way to procure obedience to the Kings Courts His Lordship observed That the Gentlemen at the Barr waved part of his Charge though there was a Book in Print wherein he appears to be charged in a Trayterous manner to subdue c. He waves the Article And though they decline it he besought their Lordships he might give an Account of this particular least it should stick with their Lordships when they read the Article and find no Answer to it But the Committee opposed it as conceiving it not fit he should Answer to an Article to which he was not pressed specially since they have not wholly laid it aside and that he had notice yesterday that they intended not for the present to proceed upon it which my Lord of Strafford confessed and gave thanks to the House of Commons for it His Lordship then proceeded in his Defence setting forth to their Lordships That the first Instruction to my Lord of Faulkland is no limitation to him it being not good as to him unless it were given him which he mentions onely by the way For the Warrants charged to be by him Issued and the Execution of them His Lordship desires to free himself from the Testimony given by Mr. Berne and Mr. Kennedy concerning a very foul misdemeanour committed by some Soldiers under pretence of coming to see the Kings Writ executed and his Justice complyed withal before he comes to that that concerns Mr. Savill 1. It appears these Soldiers were laid when he was not in Ireland so that he is not answerable to any thing Deposed by these Gentlemen further than that he gave a Warrant for it to Mr. Pigott II. He denies that ever Pigott had any such Warrant from him nor is any Proofe to that purpose offered Therefore it is not to be laid to his Accompt III. Only Patrick Clear sayes Pigott threatned to lay
Soldiers on some if they would not obey but because he threatned therefore he had such a Warrant is under favour no consequence men commonly threaten most when they have least to shew IV. Mr. Kenneday sayes directly Pigott had done what he did by direction but in express termes he sayes He never saw the Warrant Then there remained only Mr. Savill's Warrant This Warrant is not showed nor comes it in Judgment against him and though some Testimonies are given that they have seen such a Warrant for Assessing Soldiers c. yet he conceives it very hard That the Warrant should be the ground of convincing him of Treason and yet the Warrant not be shown for what the grounds are and what the Limitations may be do not appear And if there were such a Warrant it is long since it passed from him But it is not shown and therefore to convince him in modo formâ is very hard to be done for what may be in it to qualifie or what amiss no body knows But to the Proofs his Lordship observed That the Proofs are very scant This great Mighty War made on the King and his People in breach of the Statute cited is one of the Poorest Wars that ever was made in Christendome for last Summer one sayes he knew Soldiers laid on one man The Sergeant sayes He never laid above 6 sometimes 2 sometimes 3 and that this should be heightned to the making of a War against the King and his People seems to be a very great strain put upon it and more he hopes than the matter will bear That it was never complained of to him all the while he was in Ireland in respect of any manner of prejudice sustained by it That if there be such a Warrant he is glad it hath been so moderately Executed that no worse consequence hath come of it than their Lordships have heard But he shall make it appear that the Sergeant at Armes is a publick Officer and what Warrant soever he hath from him it is not in relation to him but to the execution and procuring obedience to all other the Kings Courts of Justice as well as those of the Deputies Jurisdiction and it was onely to enable him the better to secure the Kings Right And he desired that Nicolas Ardah be examined Whether he be not an Officer of the Exchequer in Ireland and whether he knows of any particular Sessing of Soldiers by the Sergeant at Armes before my Lord of Straffords Government And being Askt severally these Questions He Answered To the first That he hath some Imployment in the Exchequer and was imployed in a Commission of Church-bounds And that about the Second Year of His Majesties Reign there was one Tho. Fitzgerard High Sheriff of a County that had not perfected his Accompts and not appeared to the Pursivant The Lord Chancellor that now is desired the rest to assist him to move my Lord of Faulkland to lay Horse on him And that the Party was brought in within a short time after but whether by Soldiers he knows not but he heard there was a Warrant Mr. Savill being Asked Whether the Warrant to him granted was not agreeable to former Precedents He Answered That he never saw any other Warrant of the same Nature but he hath heard by him that was his Predecessor now a Captain of the Army that he had received a Warrant from my Lord of Faulkland to Sess Soldiers on the Land of Tho. Fitzgerard who had refused to come to pass Accompts Mr. Henry Dillon being Asked Whether he knew of any such Warrant formerly granted And what Relation the Sergeant at Armes hath to other Courts He Answered That he conceives the Sergeant at Armes is an Officer as well to the Court of Exchequer as to the Chancery on the last Process of Contempt The last Process is a Writ to the Sergeant to Attach a Man whether betwixt party and party or concerning the King and that he had spoken with Thimbleby Sergeant at Armes whether he did so in his own right or as Deputy And Asking him What he would do if the Warrant was disobey'd and he pretended he would Assess Soldiers and being a Scholar at 23 years he heard one had Soldiers sessed on him for disobedience to the Sergeant at Armes but what the particular was he doth not know Here Mr. Palmer speaking some words which my Lord of Strafford interpreted an Interruption his Lordship desired That no hasty words might be misinterpreted he being for his Life and Children and added The Gentlemen will do well not to put him out of his way but let him speak the poor few things he can for himself and then leave them to their Lordships wisdom And then proceeded So he supposed there could be no such severe construction put upon this Warrant that it should be adjudged a levying of War against the King and his People when it appeares to be the using of half a dozen sometimes two or three Soldiers to lye on refractory persons and bring them to be conformable to Justice that the Kings Law might be obeyed without any Treasonable or corrupt intention whatsoever And he hopes their Lordships will have a more favourable and compassionate consideration than to Judge him a Traytor for such a piece of business accompanied with all these circumstances But he added That some wayes he is more qualified then an ordinary person by reason he had the honor to be His Majesties Deputy and by His Commission had power to pursue Rebels and to use the Kings Army for punishing of Rebels or securing the Publick Peace of the Realm as in his discretion he should think fit and that he conceives a Warrant though there had been no President in the Case but with these accompany'd cannot be laid on him as a Crime For this he refers himself to his Commission which had been formerly read and therefore trusts this will not fall into their Lordships Judgment as a High Treason he being to govern according to the Customes of the Realm There is a Statute 10 H. 7. cap. 17. whereby it was Ordained Enacted and Estabished by Authority of that Parliament That from that time forwards there be no Peace nor War undertaken in the Land without the Deputies Licence but all such War and Peace to be made by the Lieutenants for the time being And this comes in time after the Statute of 18 H. 6. This was never complayn'd of as a fault and no ill consequence followed on it If a Man shall enter by force and wrongfully keep away possession that may be as well said to be a levying of War as this and yet a forcible Entry is familiarly punish'd in the Star-Chamber but not spoken of as a Treason As to the Statute in Ireland of 18 H. 6. cap. 3. An Act That no Lord or other shall Charge the Kings Subject c. HE Conceives he cannot be brought within compass of this Statute
before his going into Ireland and as appears by their own shewing such a Proposition as was allowed and approved of by their Lordships at the Council-Board He desires that in this as in all things else he might not be taken in pieces but altogether for if they take part and leave what they please they may make a man speak strange things and therefore he desired their Lordships would hear the reasons inducing that Proposition as well as the Proposition it self being under the Clerk of the Councils hand and so attested by Mr. Ralton The Proposition and Reasons were accordingly read as followeth in substance Feb. 1631. A Proposition amongst divers others entred in the Register of the Acts of Council 22 Feb. 1631. follows in haec verba THat no particular complaint of Injustice or Oppression be admitted here against any unless it first appear he hath made his Address to the Deputy And indeed this is but justice to the Deputy who must needs in some measure be a Delinquent if the complaints be true as being in chief universally to take care that His Majesties Justice be throughly complyed with in that place and therefore good reason his Judgement should be informed and his Integrity first tryed before either be impeached Nay it is but justice to the Government it self which would be exceeding scandalous through the liberty of complaints and the Ministery therein extreamly discouraged upon every petit matter to be drawn to answer here when the thing it self is for the most part either injurious or for which the party might have received good satisfaction at his own door But where the complaint appears formally grounded and where due application hath been made to the Deputy without relief to the party let it be throughly examined and severely punished wheresoever the fault proves to be especially if it be corrupt or malicious for so he shall not only magnify his Justice but punish an unfaithful Minister or clamorous Complainant and his service shall thereby be bettered From whence my Lord of Strafford inferred That by this it might appear to their Lordships his intent was not to assume any greater Authority than became him to desire but meerly to prevent clamors and unjust complaints and that they might be redressed nearer home without Complaint and no way to hinder any mans just complaint And so it had no relation nor aspect to himself but meerly to the furthering of the Kings Justice And so that Proposition could not he conceived be turn'd upon him otherwise then as Just and Honourable For the Proclamation it self and the staying of men from coming without Licence the thing complained of he begged leave to acquaint their Lordships with some particulars He conceived by the Laws of Ireland no man that is a Subject and Liege-man there can come from thence without Licence from the Deputy but it is very penal and to that purpose he would mention two or three Statutes of that Kingdom One is the 26 H. 6. ca. 2. The Title whereof is An Act that the Kings Subjects or Officers in Ireland may be absent by the Commands of the King or Governor or Council without Censure of c. The words of the Statute in substance Also it is decreed and agreed that none of the Kings Liege men who comprehend all as he conceives or Officers of the Land go out of the Land but by Commission from the King or his Heirs Lieutenant-Iustices c. All the Rents Benefits Offices or other Possessions by their said Absence shall be seized into the Kings hands c. Whence my Lord of Strafford inferred That if they go without the Governors Licence there is a forfeiture of all these Another is 25 H. 6. Ca. 9. It is ordained c. That if any Liege-man be out of the Kingdom by the Commandement of the King or his Heirs or the Lieutenant there Deputy-Iustices or Council Their Rents c shall not be seized c. Whence his Lordship inferred That if they go without Licence they are punishable for it The next is a certain Article preferred by certain Irish Agents then in England in May 1628. or thereabouts long before he was thought on for a Deputy in Ireland either by himself or any body else and this is from their own desire and Petition Being attested by Mr. Ralton to be a true Copy one Article was read being in substance as followeth May 1628. TO the Kings most Excellent Majesty the humble Petition of Your Majesties faithful Subjects appointed Agents to prefer certain humble Requests c. to your Highness in behalfe of your Kingdom of Ireland After the Preamble amongst other things it contained That His Majesty would be pleased that in respect of the non-residence of many great men who spending their Estates abroad the Kingdom was impoverished and great sums of Money transported Order might be taken that both they and all Undertakers on whom Estates have been bestowed for the better supporting and improving of the Kingdom may make their personal Residence at least half the year and not to depart without Licence His Majesties Answer was given in these words ALL the Nobility Undertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons excepted only as are imployed in Our Service in England or attend here by Our special Command Next my Lord of Strafford desired he might read the Lord Faulklands Instructions which as he conceived were pursuing to this and they were as he takes it 24 May 1628. which being attested by Mr. Brooks to be examined by the Original was read C. R. Instructions to be observed by or c. Henry Viscount Faulkland or Council there c. ALL the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their personal Residence there and not to leave it without Licence such persons only excepted as are employed in Our Service in England or attend here by Our special Command Next His Lordship offered His Majesties Letter of 20 th of Ianuary 1634. Commanding the publishing of this Proclamation which Mr. Ralton affirming to be a true Copy was read C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility Undertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or foreign parts as if they understood not what they owed to Us in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Undertakers and others that hold Estates and Offices such persons
only excepted as be imployed here c. do hereafter make their personal Residence and not depart for England or other place without privity of Our Deputy any former Letters to the contrary notwithstanding And because We resolve to have this course constantly observed if you shall have notice of any Contemner of this Command Our Will and Pleasure is That you proceed against them in an exemplary way to deterr others And for so doing this shall be your Warrant My Lord of Strafford observed That he might well have hoped that this being required by the Laws of the Land that no man should depart without Licence but it should be penal to him having their own Articles which desire the same thing That by this Proclamation the Power of my Lord of Faulkland was established upon him and the Kings Command for the issuing this Proclamation being justified by the Kings own Letter so that this should not have been laid to him for so great and high a crime as it hath been represented to your Lordships and he trusted that by that time their Lordships thought it not so great a crime as it might at first seem to be That he was not very hasty in issuing the Proclamation he having no interest in it nor nothing to drive him forwards for tho His Majesties Command was bearing date 20 Iune 1634. yet the Proclamation issued not till Sept. 17. 1635. And because all he had said had been turned on him as a crime his Lordship gave this further Answer That there could be no Proclamation made by the Deputy alone he being absolutely restrained by his Commission not to make a Proclamation without the Council therefore he could not be singular in the fault but had the consent of all the Kings Council and for instance in matter of Law the Chief Justices are sitting at the Board to whom all matters of Law are referred and they are answerable for it and are so learned that they could not do things so frequently without good authority and this he offered in excuse of this and all other Proclamations not doubting but it was according to the Laws and Customs of the Land And for further satisfaction that part of his Commission that concerned the Proclamation was read and in this particular he desired leave to offer something more with all Humility that tho none of these were for his justification yet for Reasons of State this Restraint was most necessary for whosoever goes over Deputy while these two great men to term them no worse O Neal and Tir-Connel have Regiments of the most antient Irish Septs serving the King of Spain under their Command it is necessary for him to have an eye upon them for if every one might withdraw himself at pleasure without giving an account it would open all the power and means that possibly can be to distemper that State and certainly if that liberty might be granted he feared it would produce sad events in that Kingdom Moreover if all the Primogeniture and Nobility of that Religion should be suffered to go over to Doway St. Omer and the Jesuites Colledges it was to be feared they should not be so well brought up for the service of the King and Common-wealth as may be desired and therefore it was necessary according to the constitutions of that Kingdom that they shall give an account to the Chief Governor And it was no other than what is practised here in England no man being at liberty to goe hence into France without Licence And certainly said he it is an Account we owe to the King and stands with the Law of nature Pater Familiae may take accompt of his own Houshold and the King being the great Father of the Common-wealth we owe this Accompt to him Therefore he conceived it can be no great offence in him to do this on these grounds and as he recommended the prosperity of that Kingdom and His Majesties affairs there and here to God by his Prayers and good desires so he wishes it might be taken into good consideration that this may be continued as a principal and necessary expedient to give His Majesty that account without which the Governor shall not be able to take just measures of things there His Lordship then observed that something had been observed that was no part of his Charge and therefore presumed their Lordships would not expect an answer to it or conclude him any way in their Judgement guilty of it since the means of giving that satisfaction which otherwise he should have done are now taken away But when they came to be complained of in their proper place he is ready to give such an account as becomes a Just and Innocent man But that which seems to be the foulest of them was that concerning my Lord of Esmond of which he remembred very little but something darkly and if it appeared not as he should say he was extreamly mistaken for what he did not know or remember he would not speak of it confidently and in short the point is this Two men swear that he the Lord of Strafford denied liberty to my Lord of Esmond to come for England Aug. 1638. and that he was kept in Ireland and could not have Licence to come away till April 1639. His Lordship confessed it to be very true and that he remembred my Lord of Esmond desiring to go over was stopped by him a while he being Sergeant Mayor-General of the Army the Army having occasion of motion and that he was sure it was much about the time if his Memory failed him not extreamly but when it came to this time and he had means to produce witnesses he hoped to make this appear besides he was mistaken if he did not very shortly after give him a Licence and that he found not occasion to make use of it and if that was was so all they said was taken away for he afterwards finding it to draw towards winter laid aside the Licence till the Spring at Spring he asked it and had it but in these things not judicially brought against him and to which he could not make certain Answers he hoped he might stand clear and unprejudiced till he may answer positively for himself and then as their Lordships should find him they might judge of him and he should ever most willingly submit to their Judgements and abide it whatever it was And whereas the Witnesse said my Lord of Esmond was hindred because he had no Commission to examine Witnesses my Lord of Strafford said he was able to prove that a Bond was granted him to examine Witnesses And the Witness being accidentally there his Lordship took notice of Gods providence from that and said God Almighty was willing to help and assist him wonderfully in his Trial and that his Goodness to him in this Cause had been a great deal more than he would trouble their Lordships withal at that time but he said he was confident God had
appointed a Etight of the clock A SUMMARY OF THE EVIDENCE Of my Lord of STRAFFORD April 12. THis Day being appointed for the Summing up of the Evidence formerly given on both sides in the Cause concerning my Lord of Strafford The Right Honourable the Lord Steward spake in substance as followeth My Lord of Strafford I am Commanded by my Lords to let you know that they do expect your Lordship will go on in the Order set to sum up your Lordships Evidence and those Gentlemen of the House of Commons will likewise sum up theirs for the Close of Proofes in Matter of Fact and that your Lordship do it with all Clearness and Succinctness avoiding any thing that may give Impediment to the Clear and Fair Proceeding of the Cause which for matter of Fact is come to a Period My Lord of Strafford humbly desired That he might clearly understand what was expected in that case and then he would perfectly obey my Lords in all things adding that he Conceives their Lordships intention is that they shall go upon what hath been alleadged before their Lordships without any new matter to be further alleadged on either side Whereunto my Lord Steward replyed That if there be any new matter God forbid but they might alledge it And my Lord Strafford thereupon Answered That he will offer no New Matter unless it should arise from the other side professing himself ready to be disposed of in all Acts of Obedience to their Lordships And then his Lordship proceeded to Recollect his Evidence in Substance as followeth May it please your Lordships it falls to my turn by your Lordships leave and favour to presume to put you in mind and to represent to you the Proofes as they have been offered which I shall do to the best of my Memory with a great deale of Clearness I shall desire to represent them neither better nor worse then they are in themselves and I wish the like Rule may be observed on the other side For in the proceeding of this Cause I heard them alleadge that as they conceived divers Articles were fully proved Whence I conceive there was nothing fully Proved My Lords my Memory is weak my health hath been impayred and I have not had such quiet thoughts as I desired to have had in a business of so great and weighty importance to me And therefore I shall most humbly beseech your Lordships that by your Wisdom your Justice and Goodness I may be so much bound to you as to have my Infirmities supplyed by your better Abilities better Judgments and better Memories My Lords The Charge I am to Answer is a Charge of High-Treason and that which makes it the most grievous of all it is an Impeachment of Treason from the Honourable House of Commons Were not that in the Case my Lords it would not press so heavy and sore upon me as now it doth having the Authority and Power of their Names upon it Otherwise my Lords the Innocency and the Clearness of my own heart from so Foul a Crime is such that I must with Modesty say if I had no other sin to answer for it would be easily borne My Lords as I went along Article by Article These Gentlemen were pleased to say They were no Treasons in themselves but Conducing to the Proof of Treason and most of the Articles being gone over they come to the Point at last And hence my Lords I have all along watched to see if that I could find that Poysoned Arrow that should Invenome all the rest that Deadly Cup of Wine that should intoxicate a few alledged Inconveniences and Misdemeanors to run them up to High Treason My Lords I confess it seems very strange to me that there being a special difference between Misdemeanors and between Felonies and Treasons How is it possible that ever Misdemeanors should make Felonies or a hundred Felonies make a Treason Or that Misdemeanors should be made Accessaryes to Treason where there is not a Principal in the Case No Treason I hope shall be found in me nor in any thing I hear to be charged under favour and not waved They say well That if a man be taken threatning of a man to kill him Conspiring his death and with a Bloody Knife in his hand these be great Arguments to convince a man of Murder But then under favour the man must be killed for if the man be not killed the murder is nothing So all these things that they would make conduce to Treason unless something be Treasonable under favour they cannot be applyed to Treason My Lords I have learnt that in this Case which I did not know before that there be Treasons of two kinds there be Statute-Treasons there be Treasons at Common-Law or Treasons Constructive and Arbitrary My Lords These Constructive Treasons have been strangers in this Common-wealth a great while and I trust shall be still by your Lordships Wisdom and Justice But as for Treasons in the Statute I do with all gladness and humility acknowledge your Lordships to be my Judges and none but you under favour can be my Judges His Majesty is above it the King Condemns no Man the great operation of His Scepter is Mercy His Justice is dispensed by His Ministry so He is no Judge in the Case with Reverence be it spoken and likewise no Commoner can be Judge in the Case of Life and Death under favour in regard he is of another Body So that my Lords I do acknowledge entirely you are my Judges and do with all chearfulness in the World submit my self unto you thinking that I have great cause to give God thanks that I have you for my Judges and God be praised it is so and Celebrated be the Wisdom of our Ancestors that have so ordained it My Lords I shall observe these Rules First I shall as I hope clear my self of Statute Treason and then shall come to Constructive Treason or Treason at the Common-Law The first point they Charge me withal of Treason is upon the Fifteenth Article Wherein neverthess before I come to Answer the Particulars I must humbly inform your Lordships that in that Article two of the most material Charges are waved in the first part that piece of the Charge that sounds so high concerning a Miscarriage in me in Levying Money upon the Towns of Baltemore Bandenbridge Talow of that I hear nothing and I shall mention it only thus farr humbly to remember your Lordships that in that particular I trust I have spoken nothing that I should merit less belief of your Lordships For my part it is far from me to put you upon any prejudice by any means whatsoever I look onely to the preserving of my self if it may be without prejudice and hurt to any living Soul Then they likewise wave another piece of the Charge and that is that I should by force of Armes dispossess divers persons in the Territory of Idengh and well they may for in truth
no greater measure God be praised than these are My Lords these being the words that passed from me in Ireland there are other words that are charged upon me to have been spoken in England but if your Lordships will give me leave though perhaps in no very good method I shall not fail to touch first or last the words in every Article The next Article then that I am charged withal for words is the second Article and these are the words that I should say concerning the Finger and the Loins My Lords I may alledge much new matter but I will observe your Lordships Order punctually by the Grace of God for what I may say in that case if it might be admitted I keep it to my self but the truth is they that do prove the words to be thus That I would make the little finger of the Law heavier than the Kings Loins they do not tell you the occasion of the Speech or what went before or what after for my Lords if they had told the occasion which methinks they should as well have remembred as the words it would plainly and clearly have appeared to your Lordships that Sir William Pennymans Testimony was most true for the occasion was such that to have said those words had been to have spoken against that to which I intended the discourse but speaking them as I said it makes very strong for that purpose to which I directed them which was to appease the Countrey and quiet the Discontents for having been double charged with the Knight-money and therefore it was not properly threatening them further to have provoked them My Lords you have Sir Will. Pennymans testimony that it was so and my profession who under favour will not speak an untruth to save my life I protest before God that I say I verily believe or else I will never speak it indeed and there it is they have proved it to have been said one way we another way we give the occasion of our Speech and disavow theirs and so we must leave it and howsoever these words so spoken can never be drawn as I humbly conceive as premises to prove their conclusions that therefore I am guilty of High Treason they have made me guilty of a foolish Word and that I confess and if they please I will confess it all the day long for I have been foolish all the days of my life and I hope hereafter I shall look unto my ways that I offend not with my Tongue for if I cannot rule it abroad I will rule it within doors else I will never stirr abroad but bound it so to my own business and affairs that I trust I shall give no offence The next Article that chargeth me with words is the 22 Article and these be words spoke in England The first part of them which concerns the bringing in of the Irish Army I have spoken to already but in the conclusion there are other words and shortly the said Earl of Strafford returned to England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might then use his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the will of his Subjects My Lords as unto this I conceive the Charge is not proved by any Witness that hath been here produced against me and in truth my Lords I must needs say this under favour if it be an error in my Judgement I must humbly crave your Lordships pardon through the whole Cause I have not seen a weaker proof and if I had had time to have gotten my Witnesses out of Ireland I hope that should be proved and so clearly as nothing could be proved more but I must stand or fall to what I have proved and so I do my Lords the proof they offer for this as I conceive is the Testimony of my Lord Primate and his Testimony is That in some discourse betwixt us two touching Levying upon the Subject in case of imminent necessity he found me of opinion that the King might use his Prerogative as he pleased My Lords this is under favour a single Testimony it is of a discourse between him and me and there is not any other that witnesses any thing concerning it so that under favour My Lords I conceive this will not be sufficient to bring me any ways in danger of Treason being but a single Testimony and my Lords it is to be thought and to be believed and it were a great offence for any man to think otherwise that in this case any thing can please the King he is so Gracious and Good but what shall be Just and Lawful and then there is no doubt but so far as with Justice and Lawfulness he may use his Prerogative in case of imminent danger when ordinary means will not be admitted At most he saith it was but an opinion and opinions may make an Heretick but they shall not I trust make a Traitor The next is the Testimony of my Lord Conway and the words that his Lordship testifies are these That in case the King would not be otherwise supplyed by Subsidies he might seek means to help himself though it were against the will of his Subjects Truly my Lords if I should acknowledge these words I do not see how they can be any way Capital in my case but this again is but a single Testimony and there is no other that says it but himself and if there be a good sense given to them certainly the words may very well bear it for I think it is a very natural motion for any man to preserve himself though it be to the disliking of another and why a King should not do it as well as a Subject it is such a prerogative of Kings as I never yet heard of for I thought though they had been Gods on earth yet they are men and have affections as men and should preserve themselves being not only accountable for themselves to God Almighty but also for their Subjects whose Good and Benefit is wrapt up and involved in theirs and therefore the King ought more to regard his own preservation than the Common-wealth The Third is That Mr. Treasurer says that to his best remembrance I did say That if the Parliament should not succeed I would be ready to assist His Majesty any other way God forbid this should be any offence for to say so either in him or me for I will swear if it please you that he said so as well as I therefore God forbid it should endanger either of us both for my Lords to say I will serve the King any other way it is no other than what became a good and faithful servant to do always provided the way be good and lawful
doth cease nay he says that in War Inter Arma silent Leges Now my Lords these are as highly said as any thing you have heard by me and yet certainly is no subverting of the Fundamental Laws for all that and therefore if a man must be judged he must not be judged by pieces but by all together My Lords Whatsoever I said at Council-Board was led in by this Case what a King should do in case of a Foreign Invasion of an Enemy when the ordinary wayes and means of levying Money would not come in seasonably to prevent mischief for what a King may do in case of absolute necessity certainly in these cases the ordinary Rules do not take place as this was the Case that let in the Discourse so I most humbly beseech your Lordships for it is fully proved to remember what was the conclusion of that Discourse which was That after the present occasion provided for the King was obliged in Honor and Justice to vindicate and free the Liberty of the Subject from all prejudice and harm it might sustain in that extraordinary occasion and that this was to be done by a Parliament and no other way but a Parliament and the King and his People could never be happy till the Prerogative of the Crown and the Liberty of the Subject were so bounded and known that they might goe hand in hand together mutually to the assistance of one another My Lords give me that which precedes and that which follows both being proved to be the Case in these words in the Charge I think considering these two I should be far from having committed any great crime or offence in saying these words But I say as I said before I shall be more wary for the time hereafter if it please God to give me that Grace and Life which I submit to him and shall readily and willingly resign to his good Will and Pleasure I conceive therefore that as these words are accompanied they be not words that do amount to Treason and are so qualifyed and so weakly proved that I trust they shall not stick with your Lordships The next words that I am charged withal in England be on the 25th Article and that is that I should say that the Aldermen that would not give in the names of the able men of the City deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up In the first part of the Article there is something concerning my advice for raising the Money but it is not proved that I did any thing therein but as others did and as in former years had been done before my coming into the Kingdom For the words that they deserved Fine and Ransome I confess them in my Answer just in the same manner as my Lord of Berkshire was pleased to testify them the other day that is That if they should not do the thing desired they might in my opinion be liable to Fine and Ransome And my Lords admit I were mistaken in my opinion shall it be a Treason to be mistaken I say in my opinion they might be lyable to Fine and Ransome but what is this to Treason Under favour nothing at all as I conceive For the other part that it would never be well till some of the Aldermen be hanged it proves to be testified by Mr. Alderman Garroway and he owns it only for himself for it was not that some of the Aldermen should be hanged but he said at the Bar till he himself were hanged My Lords This is a single Testimony and these words as he says were by me spoken to the King at the Council-Board That it would never be well till some of them were hanged meaning himself truly my Lords I thank God I never spake such unmannerly Language all the dayes of my life I have had more regard to my words than to say such things to my Master and your Lordships must needs be many of you by and I am very confident there is not one among you that can remember any such words were spoke for in good faith I did not speak them And my Lords before this misfortune did befall me I should with modesty have thought my self a person on equal terms to have been believed as well as Mr. Garraway and I speak it with as great confidence as he that I never spake the words My Lords The next is the 26th Article and that is that I should say the City of London dealt undutifully with the King and they were more ready to help the Rebels than to help His Majesty and if any hurt came to them they might thank themselves My Lords I am in the first part of this Article charged to have counselled and approved two dangerous and wicked Projects the one concerning the stay of the Bullion in the Tower the other concernin Copper-coyn and no proof hath been offered that I either compelled or approved either of those two Projects And my Lords it is proved to your Lordships that when the Merchants came I told them I knew nothing of the business as to the Bullion neither indeed did I ever know there was any Bullion nor any thing of that nature in the Tower But for the words I conceive it had been no Treason for me to think at that time that the Londoners had dealt unthankfully with His Majesty I thought I might have said it freely without danger of such a thought as might conduce to the convicting me of Treason But whatsoever I then thought or on what grounds soever it may be remembred that then I alledged and now I speak it when news was brought to York that the City had sent the King Two hundred thousand pounds I took notice that notwithstanding all I had thought formerly they nad now made such recompence and so cleared their Faith and Duty to the King that I should be their servant and lay my hand under their feet as those that heard me are able to speak for though at first I said they had dealt unthanfully with the King yet afterwards I was ready and willing upon all occasions to testify the contrary of them and to profess that I was ready to serve them upon all occasions just and honest and honourable As for my saying that they were readier to help the Rebels than the King In truth I am a man that cannot justify a thing I do not approve I must needs say it was an unadvised Speech and I wish I had not spoke it it seems I did speak it for I have reason to believe honest men when they Swear though in truth I remember it not but I have no reason or cause to think they would take an Oath otherwise then truth I have no exception to the Men and therefore upon their words I must Credit them before my own memory but it
impeachment of the Earl of Strafford by the House of Commons whereby he stands charged with High Treason and your Lordships have heard his Defence with patience and with as much Favour as Justice would allow We have passed through our Evidence and the result of all this is that it remains clearly proved That the Earl of Strafford hath endeavoured by his Words Actions and Counsels to subvert the Fundamental Laws of England and Ireland and to introduce an Arbitrary and Tyrannical Government This is the envenomed Arrow for which he inquired in the beginning of his replication this day which hath infected all his Blood This is that intoxicating Cup to use his own Metaphor which hath tainted his Judgement and poisoned his Heart from hence was infused that specifical difference which turned his Speeches his Actions his Counsels into Treason not cumulativè as he exprest it as if many misdemeanors could make one Treason but formally and essentially It is the end that doth inform Actions and doth specificate the nature of them making not only criminal but even indifferent Words and Actions to be Treason being done and spoken with a Treasonable intention That which is given to me in charge is to shew the quality of the offence how hainous it is in the nature how mischievous in the effect of it which will best appear if it be examined by that Law to which he himself appealed that Universal that Supream Law Salus populi This is the Element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected How far it stands in opposition to this Law I shall endavour to shew in some considerations which I shall present to your Lordships all arising out of the evidence which hath been opened The First is this It is an offence comprehending all other offences here you shall find several Treasons Murthers Rapines Oppressions Perjuries The Earth hath a Seminary Virtue whereby it doth produce all Herbs and Plants and other vegitables There is in this Crime a Seminary of all evils hurtful to a State and if you consider the reasons of it it must needs be so the Law is that which puts a difference betwixt good and evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what dictates what decisions such Laws will produce may easily be discerned in the late Government of Ireland The Law hath a power to prevent to restrain to repair evils without this all kind of mischief and distempers will break in upon a State It is the Law that doth entitle the King to the Allegiance and Service of his People it entitles the People to the Protection and Justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said that the King subsisted by the field that is tilled it is the labour of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegiance will be taken away though the obligation remain The Law is the boundary the measure betwixt the Kings Prerogative and the Peoples Liberty whilst these move in their own Orbs they are a support and a security to one another the Prerogative a cover and defence to the Liberty of the People and the people by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must ensue If the Prerogative of the King overwhelme the Liberty of the People it will be turned into Tyranny if Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self they were a conquered Nation There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the world that have not been conquered and no doubt but the Conqueror may give what Laws he pleases to those that are conquered but if the succeeding pacts and agreements do not limit and restrain that Right What People can be secure England hath been conconquered and Wales hath been conquered and by this reason will be in little better case than Ireland if the King by the right of a Conqueror gives Laws to his People shall not the People by the same reason be restored to the right of th e Conquered to recover their Liberty if they can What can be more hurtful more pernicious to both than such propositions as these And in these particulars is determined the first Consideration The Second Consideration is this This Arbitrary Power is dangerous to the Kings Person and dangerous to his Crown it is apt to cherish Ambition Usurpation and Oppression in great Men and to beget Sedition and Discontent in the People and both these have been and in reason must ever be causes of great trouble and alteration to Princes and States If the Histories of those Eastern Countreys be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford loose and observed from all rules of Government they will be found to be frequent in Combustions full of Massacres and of the tragical ends of Princes If any man shall look into our own stories in the times when the Laws were most neglected he shall find them full of commotions of civil distempers whereby the Kings that then Reigned were always kept in want and distress the People consumed with Civil Wars and by such wicked Counsels as these some of our Princes have been brought to such miserable ends as no honest heart can remember without horror and earnest Prayer that it may never be so again The Third Consideration is this The Subversion of the Laws and this Arbitrary Power as it is dangerous to the Kings Person and to his Crown so is it in other respects very prejudicial to His Majesty in His Honor Profit and Greatness and yet these are the Gildings and Paintings that are put upon such Counsels These are for your Honor for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules
It cannot be for the Honor of the King that His Sacred Authority should be used in the practise of Injustice and Opprssion That His Name should be applyed to patronize such horrid crimes as have been represented in Evidence against the Earl of Strafford and yet how frequently how presumptuously his Commands his Letters have been vouched throughout the course of this Defence Your Lordships have heard when the Judges do Justice it is the Kings Justice and this is for His Honor because He is the fountain of Justice But when they do Injustice the offence is their own but those Officers and Ministers of the King who are most officious in the exercise of this Arbitrary Power they do it commonly for their advantages and when they are questioned for it then they fly to the Kings Interest to His Direction And truly my Lords this is a very unequal distribution for the King that the dishonor of evil courses should be cast upon him and they to have the advantage The prejudice which it brings to him in regard of his profit is no less apparent it deprives him of the most beneficial and most certain Revenue of his Crown that is The voluntary Aids and Supplies of His People His other Revenues consisting of goodly Demeans and great Mannors have by Grants been alienated from the Crown and are now exceedingly diminished and impaired But this Revenue it cannot be sold it cannot be burdened with any Pensions or Annuities but comes intirely to the Crown It is now almost Fifteen years since His Majesty had any Assistance from His People and these illegal wayes of supplying the King were never prest with more Violence and Art then they have been in this time and yet I may upon very good grounds affirm That in the last Fifteen years of Queen Elizabeth She received more by the Bounty and Affection of Her Subjects then hath come to His Majesties Coffers by all the inordinate and rigorous courses which have been taken And as those Supplies were more beneficial in the Receipt of them so were they like in the use and imployment of them Another way of prejudice to His Majesties profit is this Such Arbitrary Courses Exhaust the people and disable them when there shall be occasion to give such plentiful Supplies as otherwise they would do I shall need no other proofe of this then the Irish Government under my Lord of Strafford where the Wealth of the Kingdom is so consumed by those horrible Exactions and Burdens that it is thought the Subsidies lately granted will amount to little more than half the proportion of the last Subsidies The two former wayes are hurtful to the Kings profit in that respect which they call Lucrum Cessans by diminishing his Receipts But there is a third fuller of mischiet and it is in that respect which they call Damnum emergens by increasing his Disbursements such irregular and exorbitant attempts upon the Liberties of the People are apt to produce such miserable Distractions and Distempers as will put the King and Kingdomes to such vast Expences and Losses in a short time as will not be recovered in many years We need not go far to seek a proof of this these two last years will be a sufficient Evidence within which time I assure my self it may be proved that more Treasure hath been wasted more loss sustained by His Majesty and His Subjects then was spent by Queen Elizabeth in all the War of Tyron and in those many brave Attempts against the King of Spain and the Royal Assistance which she gave to France and the Low Countries during all Her Reign As for greatness this Arbitrary Power is apt to hinder and impair it not onely at home but abroad A Kingdom is a Society of men conjoyned under one Government for the Common good The World is a Society of Kingdomes and States The Kings Greatness consists not onely in His Dominion over His Subjects at home but in the Influence which he hath upon States abroad That He should be great even among Kings and by His Wisdom and Authority so to incline and dispose the Affairs of other States and Nations and those great events which fall out in the World as shall be for the good of Mankind and for the Peculiar advantage of His own People This is the most glorious and magnificent greatness to be able to relieve distressed Princes to support his own Friends and Allies to prevent the Ambitious Designs of other Kings and how much this Kingdom hath been impaired in this kind by the late mischievous Counsels your Lordships best know who at a near distance and with a more clear sight do apprehend these publick and great affairs then I can do Yet thus much I dare boldly say that if His Majesty had not with great Wisdom and Goodness forsaken that way wherein the Earl of Strafford had put Him we should within a short time have been brought into that miserable condition as to have been useless to our Friends contemptible to our Enemies and uncapable of undertaking any great Design either at home or abroad A fourth consideration is That this Arbitrary and Tyrannical Power which the Earl of Strafford did exercise in his own Person and to which he did advise His Majesty is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the spring of Wealth to Valour which is the active Virtue whereby the prosperity of a Nation can only be procured confirmed and enlarged It s not only apt to take away Peace and so intangle the Nation with Wars but doth corrupt Peace and puts such a malignity into it as produceth the effects of War We need seek no other proof of this but the Earl of Straffords Government where the Irish both Nobility and others had as little security of their Persons or Estates in this peaceable time as if the Kingdom had been under the rage and fury of War And as for Industry and Valour who will take pains for that which when he hath gotten is not his own or who fight for that wherein he hath no other interest but such as is subject to the Will of another The antient encouragement to men that were to defend their Countreys was this That they were to hazard their Person pro Aris focis for their Religion and for their Houses But by this Arbitrary way which was practised in Ireland and counselled here no man had any certainty either of Religion or of his House or any thing else to be his own But besides this such Arbitrary courses have an ill operation upon the courage of a Nation by embasing the hearts of the People A servile condition does for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillory and such servile Engines as were frequently used by the Earl of Strafford they may have the
for which they were ordained God only in his own end all other things have a further end beyond themselves in attaining whereof their own happiness consists if the means and the end be set in opposition to one another it must needs cause an impotency and defect of both The Eighth Consideration is the vanity and absurdity of those excuses and justifications which he made for himself whereof divers particulars have been mentioned in the course of this Defence 1. That he is a Counsellor and might not be questioned for any thing which he advised according to his Conscience The ground is true there is a liberty belongs to Counsellors and nothing corrupts Counsels more than Fear He that will have the priviledge of a Counsellor must keep within the just bounds of a Counsellor those matters are the proper subjects of Counsel which in their times and occasions may be good or beneficial to the King or Common-wealth But such Treasons as these the subversion of the Laws violation of Liberties they can never be good or justifiable by any circumstance or occasion and therefore his being a Counsellor makes his fault much more hainous as being committed against a greater Trust and in a way of much mischief and danger least His Majesties Conscience and Judgement upon which the whole course and frame of His Government do much depend should be poysoned and infected with such wicked Principles and Designes And this he hath endeavoured to do which by all Laws and in all Times hath in this Kingdom been reckoned a crime of an high Nature 2. He labours to interest your Lordships in his Cause by alleadging it may be dangerous to your selves and your posterity who by your Birth are fittest to be near His Majesty in places of Trust and Authority if you should be subject to be questioned for matters delivered in Council To this was answered That it was hoped their Lordships would rather labour to secure themselves and their posterity in the exercise of their Virtues than of their Vices that so they might together with their own Honor and Greatness preserve the Honor and Greatness both of the King and Kingdom 3. Another excuse was this That whatsoever he hath spoken was out of good intention Sometimes good and evil truth and falshood lye so near together that they are hardly to be distinguished Matters hurtful and dangerous may be accompanied with such circumstances as may make it appear useful and convenient and in all such cases good intention will justify evil Counsel But where the matters propounded are evil in their own nature such as the matters are wherewith the Earl of Strafford is charged to break a publique Faith to subvert Laws and Government they can never be justied by any intentions how good soever they be pretended 4. He alleadgeth it was a time of great necessity and danger when such Counsels were necessary for preservation of the State Necessity hath been spoken of before as it relates to the Cause now it is considered as it relates to the Person if there were any necessity it was of his own making he by his evil Counsel had brought the King into a necessity and by no rules of Justice can be allowed to gain this advantage by his own fault as to make that a ground of his justification which is a great part of his offence 5. He hath often insinuated this That it was for His Majesties service in maintainance of that Sovereign Power with which he is intrusted by God for the good of his People The Answer is this No doubt but that Sovereign Power wherewith His Majesty is intrusted for the publique good hath many glorious effects the better to inable him thereunto But without doubt this is none of them That by his own Will he may lay any Tax or Imposition upon His people without their consent in Parliament This hath now been five times adjudged by both Houses in the case of the Loans in condemning Commissions of Excise in the resolution upon the saving offered to be saved to the Petition of Right in the sentence against Manwaring and now Lutell in condemning the Shipmoney And if the Sovereign Power of the King can produce no such effect as this the Allegation of it is an aggravation and no diminution of his offence because thereby he doth labour to interest the King against the just grievance and complaint of the People 6. This Counsel was propounded with diverse Limitations and Provisions for securing and repairing the Liberty of the People This implies a contradiction to maintain an Arbitrary and Absolute Power and yet to restrain it with Limitations and Provisions for even those limitations and provisions will be subject to the same absolute power and to be dispensed in such manner and at such time as it self shall determine let the Grievances and Oppressions be never so heavy the Subject is left without all remedy but at His Majesties own pleasure 7. He alleadgeth They were but Words and no effect followed this needs no Answer but that the Miserable Distempers into which he hath brought all the three Kingdomes will be Evidence sufficient that his Wicked Counsels have had such Mischievous Effects within these two or three last years that many years peace will hardly repair those losses and other great Mischiefs which the Common-Wealth hath sustained 8. These Excuses have been collected out of the several Parts of his defence perchance some others are omitted which I doubt not have been Answered by some of my Collegues and are of no Importance either to perplex or to hinder your Lordships Judgment touching the hainousness of this Crime The 9 th consideration is this That if this be Treason in the Nature of it it doth exceed all other Treasons in this That in the Design and Endeavour of the Author it was to be a constant and permanent Treason other Treasons are Transient as being confined within those particular Actions and Proportions wherein they did consist and those being past the Treason ceaseth The Powder Treason was full of horror and maglignity yet it is past many years since The Murder of that Magnanimous and Glorious King Henry the Fourth of France was a great and horrid Treason and so were those manifold Attempts against Queen Elizabeth of blessed Memory but they are long since past the Detestation of them onely remains in Histories and in the minds of men and will ever remain But this Treason if it had taken effect was to be a standing perpetual Treason which would have been in continual Act not determined within one time or Age but transmitted to Posterity even from one generation to another The 10 th Consideration is this That as it is a Crime odious in the Nature of it so it is odious in the Judgment and Estimation of the Law To alter the setled Frame and Constitution of Government is Treason in any state The Laws whereby all other parts of a Kingdom are preserved should be
not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traitor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgement I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6. My Lord of Strafford hath offended against both the Kingdoms and is guilty of High Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away Englands but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if His Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Iudges they shall not proceed to Iudgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings death Levying War Counterfeiting the Money or Great Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 Therebe two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quotîes the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen M. cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or the Declaration of Treason and no others And further provides That no pains of death penalties or forfeiture in any wise shall ensue for committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others refer still to offences made Treason by Act of Parliament they restrain not to the Treasons only particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason as appears by the words immediately foregoing By the Second Part for the peins and forfeitures of Treasons if it intend only the punishment of Treason or if it intend both Treason and Punishment yet all is referred to the Provision and Ordinance of 25 Edw. 3. any Act of Parliament or other Declaration or thing notwithstanding It saith not other then such Penalties or Treasons as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned no it refers all Treasons to the general Ordination and Provision of that Statute wherein the Common Law Treasons are expresly kept on foot If it be Asked What good this Statute doth if it take not away the Common Law Treasons 1. It takes away all the Treasons made
Rates was procured within a month of the Patent but God knows whether it were not within the compass of his intentions to take the Patent and therefore whether he were not the Instrument of raising Rates it rests in your Lordships judgement and all that hear me I am sure the benefit redounded to himself and so here is an Arbitrary Government in imposing and forcing to pay for that I desire your Lordships to take with you and he might as well have raised nineteen shillings on a pound as nine pence or three pence by the same rule of Law The next Article in number was the Eleventh and I would be glad my Lord had not mentioned it it concerns the Pipe-staves wherein he pretends he did the King great service and that he sayes was the reason of our passing over it but that was not the reason it had been a foul business if we had opened it but having enough besides we made not use of it for the substance of the proofs by multiplicity of Witnesses had been that the parties themselves that bought the Pipe-staves for four pound odd money were fain to sell them to his Instruments for six pounds and after to buy them again for ten pounds else there must be no Licence to export them but that I would not have mentioned if he had let it slip over I come to the Twelfth Article and that is concerning the Tobacco wherein he pretends the Kings service and if my memory fail me not the desire of the Parliament that he should take this into his hands for the King My Lords Therein under his favour he hath mis-recited the Evidence and spoken that he cannot justify for he can shew no such desire of the Parliament It is true there was a desire of the Parliament that the King would be pleased to take his Customs into his hands for the advancement of his Revenue that it might go to maintain himself and he might not be abused and others live by it but to take the Tobacco into his hands he never did nor can produce a witness to prove such their desire and therefore under favour he fixes a wrong upon the Parliament and injures your Lordships by his reciting that he neither did nor can make good for there was no such thing But if you observe the course he takes he makes Proclamation to hinder the importing of Tobacco into Ireland that if it be imported it must be sold to him at his own rate and by this means he first hinders the liberty of the Subject from doing what the Law allows him and so takes on him an Arbitrary Power And Secondly he ingrosses this commodity to himself deceiving His Majesty to whom he professeth so much fidelity for whereas there is 5000 l. Rent to the King he by the computation of Merchants receives near 14000 l. a year And because their computations are not always true I do not care if I allow him 40000 l. mistaken and then he will gain near 100000 l. so that if he intends the Kings benefit it is wonder he told not His Majesty of the great profit that might thereby have risen and let him partake of it as in Justice he should have done according to the Trust reposed in him but you have heard of no such matter And surely my Lord of Strafford would not have omitted it if it had been for his advantage especially in this presence where he omits nothing to clear himself or to insinuate with His Majesty Now I come to the Thirteenth Article the Article concerning Flax which I know is fresh in your Lordships memories and I believe will be so in the memories of the Subjects of Ireland for many years how he ingrossed it into his hands and interrupted the Trade of the poor People whereby such miseries and calamities befell many of that Nation that as you have heard it proved thousands dye in ditches for want of Bread to put in their mouths And whereas he pretends that this was proved but by one witness and that man to be imprisoned and of no credit though he was his own instrument your Lordships remember Sir Iohn Clotworthy his testimony and anothers and his own Warrant produced and acknowledged here to justify the execution of it and such a thing was thereby taken into his own hands that I profess I never heard the like that the poor people should be constrained to use their own as he pleased and that pleasing of himself laid an impossibility on the people to execute his pleasure which was a bondage exceeding that of the Israelites under the Egyptians for there was not laid so much upon the Children of Israel but there was a possibility to perform they might with much labour perchance get stubble to burn their Brick but the Natives here must have a charge laid upon them without possibility to perform and the disobedience must cost them no less than the loss of their Goods which drew with it even the loss of their lives for want of bread This was not proved by only one witness but by many And your Lordships remember the remonstrance of that Parliament of Ireland which declares it to a greater height than I have opened it The Fifteenth Article is that of Levying War upon the Kings Subjects expresly within the Statute of 25 Edw. 3. and 18 H. 6. Your Lordships have heard the Warrant proved by the party himself to whom it was directed whereby Power was given to lay Soldiers upon any party that did not obey my Lord of Straffords Orders at the Council Table but not to circumscribe him to a certain number but the Sergeant at Arms and his Ministers might lay as many as they would It is true this Warrant was not it self produced but a copy was offered which was not read and therefore I will not offer it to be proved but the party that executed the Warrant it self proves it to be under the Hand and Seal of my Lord of Strafford he proves the express authority of it which was to the effect I opened three or four more who saw and read it proved the same and that it was under the Hand and Seal of my Lord of Strafford that accordingly it was executed upon divers of the King's Subjects it was proved by three witnesses expresly in the point how by colour of this Warrant the Sergeant at Arms and his Officers sent Soldiers to lye in the Houses and Lands of the Kings Subjects how the Owners were thereby forced out from their own Habitation how their Goods were wasted and devoured their Corn and Victuals eaten up and the Soldiers never left them as long as any part of their Estates remained to maintain them My Lord of Straffords defence is That it hath been used before his time in Ireland wherein he hath again mis-recited for he did not offer a proof nor a particle of a proof that ever any man did know Soldiers laid upon any party for refusing to
by the Lieutenants and Deputy-Lieutenants have been as they could have perswaded Christian Princes yea Worlds that the right of Empires had been to take away by strong Hands and they have endeavour'd as far as possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the Fruits of Justice but by Projectors who have extended the Prerogative of the King beyond the just Symetry which maketh a sweet harmony of the whole They have brought the Crown into greater want than ever by anticipating the Revenues and can the Shepherd be thus smitten and the Sheep not scattered They have introduced a Privy Council ravishing at once the Spheres of all antient Government imprisoning us without Bail or Bond They have taken from us what shall I say indeed what have they left us all means of supplying the King and ingratiating our selves with him taking up the root of all Propriety which if it be not seasonably set again into the ground by His Majesties own Hands we shall have instead of Beauty Baldness To the making of those whole I shall apply my self and propound a remedy to all these Diseases by one and the same thing have King and People been hurt and by the same must they be cured To vindicate which shall we propound new things No our antient vital Liberties by enforcing the antient Laws made by our Ancestors by setting forth such a Character of them as no Licentions Spirit shall dare to enter upon them will do the business and shall we think this is a Way to break a Parliament No our desires are Modest and Just I speak truly both for the interest of King and People if we enjoy not these it will be impossible for to releive him Therefore let us never fear they shall not be accepted by his goodness wherefore I shall shortly descend to my Motions consisting of four Parts two of which have relation to our Persons two to the propriety of Goods for our Persons First the Freedom of them from imployment abroad contrary to the antient Customs For our Goods that no Levies be made but by Parliaments Secondly No Billeting of Soldiers It is most necessary that these be resolved that the Subject may be secured in both Monday March 24. SEcretary Cook renewed the Motion of Supply for His Majesty yet so that Grievances be taken into Consideration We all think said he that both these goe hand in hand together but let me put you in mind of that which concerns the King let him have the Precedency of Honor if not of Time Let Heads of the Kings Supply be first propounded No King is more ready to hear the complaints of His Subjects and withal you know no King is more sensible of all reproaches which touch his Honor Would it not be fit to grant him this Honor to have the Precedency this will have good Aspect abroad it will prevent Divisions at home c. The first sower of Seeds of Distractions amonst us was an Agent from Spain Gundemore that did his Master great service here and at home since that we have other Ministers that have blown the fire the Ambassador of France who told his Master at home that he had wrought divisions here between King and People and he was rewarded Whilst we sate here in Parliament there was another intended Parliament within a mile of this place this was discovered by Letters sent to Rome and the place of their meeting is now changed I desire the meanest judgement will consider what may follow in giving precedency to His Majesty in so doing we shall put from our selves many Imputations This matter coming to no resolution this day Secretary Cook the next day tendred to the House certain Propositions from the King touching Supply viz. Wednesday March 26. 1628. THe Propositions tendred the day before by Secretary Cook from His Majesty were now Received and Read but the Debate thereof was referred to another day the Propositions were these viz. 1. To furnish with Men and Victuals Thirty Ships to guard the narrow Seas and along the Coasts 2. To set out 10 other Ships for the relief of the Town of Rochelle 3. To set out 10 other Ships for the preservation of the Elbe the Sound and Baltick Sea c. Wednesday April 2. 4. Car. 1. The business of Confinement came into Debate in the House of Commons whereupon Sir Francis Seymour spake to this effect That it is said the greatest Grievance is want of Supply but I hold it a greater Grievance that His Majesty is brought into these necessitys especially considering the Supplys that of late have been given to the King of two Subsidies in Parliament besides Privy Seals and that the late Loan whereby Five Subsidies were forcedly and unadvisedly taken that it is not then what the Subjects do give unless His Majesty do employ men of integrity and experience otherwise all that we give will be as cast into a bottomless Bag. Upon this occasion Sir Thomas Wentworth stood up and spake as followeth I Cannot forget that Duty I owe to my Countrey unless we be secured as to our Libertys we cannot give I speak not this to make diversions but to the end that giving I may give chearfully As for the Propositions made to induce us to give and to be considered of I incline to decline them and to look upon the State of our Countrey whether it be fit to give or no. Are we come to an end for our Countreys Libertys have we entrenched on the right of the Deputy-Lieutenants are we secured for time future Whereupon Mr. Selden speaking also upon this occasion of the Confinement of Sir Tho. Wentworth c. said THat though Confinement is different from Imprisonment yet it is against the Law that any should be Confined to his House or elsewhere I know not what you can call a punishment but here is some grounds of it or mention thereof in Acts of Parliament Books of Records but for this Confinement I find none Indeed Iews have been Confined in former times to certain places as here in London to the Iewry now called the Old Iewry c. Hereupon Sir Tho. Wentworth spake briefly as to Sir Peter Heymans enforced Imployment beyond Seas That if any man ows a man a displeasure and shall procure him to be put into Forreign employment it will be a matter of high Concern in the Effect We know the Honor and Justice of the King but we know not what his Ministers or the mediation of Ambassadors may do to hold their own wrath upon any man April 11. 4 Car. 1. MR. Secretary Cook moved for expediting of Subsidys and turning of the Votes into an Act saying We have Finally and Chearfully given the King Five Subsidies but no time is appointed and Subsidy without time is no Subsidy let us appoint a time To which Sir Dudly Diggs spake thus We
Westminster-Hall during the Trial 41 King 's little finger heavier than the loins of the Law see Art 2. 149 King's Letter on behalf of the Earl 757 Sir Robert King a Member of Parliament in Ireland sent for as a Witness against the Earl 4. L. LEtter to Sir Jacob Ashley and Sir John Conyers to prevent a Design to engage the Army against the Parliament 745 Letter from the King to moderate the severity of the Law against the Earl 755 Letter from the Earl to his Secretary Slingsby before his death 774 Loftus Lord Chancellor made a close prisoner see Art 8. 221 Twelve Lords send to His Majesty to shew favour to his innocent Children 758 M. MAriners a Bill to be drawn to enable the pressing of them 755 Members of Parliament in Ireland sent for by the Commons 4 5 6. A Committee touching the Examination of Members of both Houses named 14 15 16 Members make a protestation of Secresie 16 Four Members viz. Mr. Selden Palmer Maynard and Whitlock added to the Committee for the Earl who made their Protestation of Secresie 32 Members appointed to view the place of Trials 39 Members desired by the Earls Petition to be heard as Witnesses 40 Some Members of the Lords House desired by the Commons to be made use of as Witnesses 44 Members names of the House of Commons whom the House desires to be present at the Trial as Witnesses 44 Message from the Lords for a Conference by a Committee of Thirty of their House with a proportionable number of this House touching the examination of Members c. 10 Message to the Lords about disbanding the new levied Irish Army 42 Message to the Lords to appoint a day for the Earl to conclude his Trial 44 Both Houses agree that if the Earl come not to morrow the House of Commons may sum up their Evidence and conclude 45 Message to acquaint the Lords that the Proceedings by Bill stand in no way of opposition to what hath been already done 48 Moneys without Parliament to be raised by force see Art 21. 516 Monopoly made of Tobacco see Art 12. 402 Sir Walter Montague Sir Toby Mathews c. to be removed from Court 42 Lord Montnorris his Case of Ireland to be reported by the Committee Montnorris sentence of death pronounced against him see Art 5. 186 Sentence read 187 Concerning his being put out of possession of his Freehold see Art 6. 205 Multitudes of people assembled in Westminster 742 Petition from them desiring Iustice against the Earl communicated to the Commons ibid. They depart upon the Lords taking the Protestation 742 N. LYsimachus Nicanor his scandalous Pamphlet Printed 770 Earl of Northumberland made General of the Royal Army in England upon whose sickness the Earl of Strafford was made Lieutenant-General Anno 1640. 769 Earl of Northumberland communicates Mr. Percies Letter to the Peers 748 Earl of Northumberland Lord High Admiral of England 769 O. OAth contrived against the Scots in Ireland see Art 19. 489 The like to the Scots in England 503 Offensive War against the Scots urged by the Earl see Art 20. 515 A Troop of Reformed Officers to be disbanded 15 Officers c. Warrant to them see Art 9. 236 P. PAper posted up at Sir William Brunkards House in the Old Palace-yard declaring the names of many persons to be enemies of Iustice 59 Parliament in Ireland declare against the Scots see Art 22. 517 People assemble in multitudes at Westminster 742 Petitions Orders and Books of Entries of Impositions c. sent for out of Ireland 8 Petitions and Complaints of proceedings in Ireland reported 10 Petition of the Parliament of Ireland to the King read 15 Petition of the Earl to examine some Members of this House read 40 Two Petitions of the Citizens of London read 55 One of them concerning Grievances inserted 56 Petition from a multitude of people at Westminster desiring Iustice against the Earl communicated to the Commons 742 A discovery in the Petition of Soldiers to be brought into the Tower ibid. Father Philips's Letter to Mr. Walter Montague read 751 He is called to the Bar and is impeached 752 Mr. Piercy's Letter concerning the Plot 748 to 750 Mr Piercy and Sir John Suckling voted to be guilty of High Treason 754 Plot discovered in England 735 Upon which the House resolves on a Protestation ibid. Preamble thereunto ibid. The Protestation read 736 Names of the Protestors 736 to 740 The Plot still suspected to be carried on 740 Ports in Ireland to be open 46 1500 Barrels of Powder gone to Portsmouth to be stayed 740 Lord Primate of Ireland his Examination debated 44 Proceedings by way of Bill no way in opposition to what hath been already done 48 Proclamation to issue out against Sir George Ratcliffe if he appear not at the day limited 16 Proclamation by the Earl commanding the Nobility to reside in Ireland see Art 16. 460. Protestation of Secresie taken by the Members 16 The same taken by the four Members added to the Committee for the Earl 32 Protestation of the Lords denying that they did approve of the Earls raising Money in Yorkshire 37 38 Protestation resolved on by the House upon the discovery of the Plot in England 735 Carried up to the Lords to take the same 741 Mr. Hollis's Speech to the Lords to promote the taking thereof 742 The Protestation taken by the Lords and the multitude depart ibid. Q. THe Queen came to her private Closet in Westminster-Hall during the Trial 41 Queen-Mother apprehending her self in danger of the Multitude Mr. Martyn moved the House that she may depart the Kingdom 758 R. LOrd Ranelaghs debate about his Examination 174 Not to be examined 175 Sir George Ratcliffe not to speak with or write to the Earl of Strafford 15 A Proclamation to issue out against him if he appear not at the day limited 16 Articles of High-Treason voted against him 17 Records of Attainder a Committee appointed to search those Cases in the Kings-Bench 7 Reformado-Officers to be disbanded 15 Remonstrance of Ireland reported by Mr. Whistler 7 Remonstrance of the House of Commons in Ireland read 11 12 13 114. No Replication to be put in to the Earls Answer 32 Strafford A Committee of Irish Affairs of the whole House designed in order to his Accusation 1 He is in a great Dilemma in the North 2 His intended Impeachment of some Members disappointed ibid. He is accused of High-Treason 3 Sequestred from the Parliament and Committed to the Black Rod ibid. Examination of Witnesses to be taken previous to his Tryal in the presence of some of the Commons 6 Records of Attainder in the Kings Bench to be search'd in order to a Bill of Attainder 7 Irish Remonstrance reported which reflected on his proceedings in Ireland 7 and 10 Petitions Orders and Books of Proceedings upon Paper-Petitions and of Entries relating to the Custom-House in Ireland sent for 7 8 Articles in maintainance of the Accusation of the said Earl 8