should not supply him THE Two and Twentieth Article The Charge 22. THat in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their assistance in a War against the Scots and gave â—ns for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Rateliffe did together with him the said Sir George traiterously conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and of altering and subverting of the fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford reâ—ited into 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 use then 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 Wills of His Subjects THE Three and Twentieth Article The Charge 23. THat upon the Thirteenth day of April last the Parliament of England 〈◊〉 and the Commons House then being the representative Body of all the Commons in the Kingdom did according to the Trust reposed in them enter into Debate and Consideration of the great grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesty referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Speeches and Messages to urge the said Commons House to enter into some resolution for His Majesties Supply for maintainance of His War against his Subjects of Scotl before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a demand was then made from His Majesty of 12 Subsidies for the release of Ship money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some Supply before any resolution by them made He the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to Dissolve the said Parliament upon the 5th day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had been Members of the said House of Commons by telling His Majesty they had denyed to supply Him And afterwards upon the same day did traiterously and wickedly counsel and advise His Majesty to this effect viz. That having tryed the affections of His People He was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tryed all ways and was refused and should be acquitted towards God and Man and that He had an Army in Ireland meaning the Army above-mentioned consisting of Papists his Dependants as is aforesaid which he might imploy to reduce this Kingdom THE Four and Twentieth Article The Charge 24. THat in the same month of May he the said Earl of Strafford falsly traiterously and maliciously published and deciared before others of His Majesties Privy Council That the Parliament of England had forsaken the King and that in denying to supply the King they had given him advantage to supply himself by other wayes and several other times he did maliciously wickedly and falsly publish and declare That seeing the Parliament had refused to supply His Majesty in the ordinary and usual way the King might provide for the Kingdom in such wayes as he should hold fit and that he was not to suffer himself to be mastered by the frowardness and undutifulness of the people And having so maliciously slandered the said late House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in His Majesties Name a false and scandalous Book Entituled His Majesties Declaration of the Causes that moved him to Dissolve the last Parliament Full of bitter and malicious Invectives and false and scandalous aspersions against the said House of Commons Monday April 5. 1641. THE Right Honourable the Lord Steward did this day in the first place acquaint the Gentlemen that managed the Evidence at the Bar That their Lordships had commanded him to let them know that my Lord of Strafford on Saturday in the evening gave in his Petition for the examination of my Lord of Northumberland and that he coming in so late it happened so that the Gentlemen of the House of Commons could not possibly have leave to cross examine and so the examinations are come only on one side sealed up wherefore his Lordship proposed that things might for the present be so carried as the proceedings of this day might not be hindred thereby Mr. Whitlock Answered That they shall go on according to their Lordships Order but he desired the cross-examination of my Lord of Northumberland and the Testimony of some other witnesses that are sent for and not yet come whose names they shall give in may be reserved To which my Lord of Strafford replyed That the motion is very new to him and in these things of form he may be easily mistaken and prejudiced before he is aware That to their cross-examining of my Lord of Northumberland he is very willing but for examining of Witnesses whose Names are not yet known and to have such a Latitude as to reserve supplemental proof he conceives may be hard and so appeals to their Lordships whither their Lordships will not have them name their Witnesses and assigne them a certain time within which they shall examine them And he desires likewise the examination of my Lord Keeper who is not yet examined may be reserved for him And likewise that my Lord of Canterbury may be examined he having been examined as he understood against him which if he had not been he should not have moved it and that the advantage of their two Testimonies may be reserved to him But Mr. Whitlock and Mr. Maynard thus explained it that they intend not to examine those who are not yet named in writing but to produce them viva voce and that they should take the boldness to name one of them to their Lordships and that is Mr. Sergeant Glanvile who was sent for eight days since and will be in Town to night And
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
great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputies Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Iudice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruine and Destruction of the Common Wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruine and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be Licenced by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. Monday November 30th 1640. Sir Thomas Roe Mr. Pym Mr. Strode Mr. St. Iohns Mr. Grimston Lord Digby Sir Iohn Clotworthy Sir Walter Earle Mr. Hampden Mr. Maynard Mr. Hyde Mr. Whistler Mr. Palmer Mr. Glyn Mr. Solicitor Mr. Selden My Lord Dungarvan Sir Francis Seymor Sir Hugh Cholmely Lord Wenman Sir Io. Evelyn Sir Benjamin Rudyard Sir Iames Thynn Sir Iohn Culpepper Sir Iohn Strangwaies Sir Symon D'Ewes Mr. George Vane Lord Cramborne Lord Compton Mr. Bellassis Mr. Kirton Sir Thomas Hutchison Sir William Bowyer Sir Iames Smith Sir Arthur Ingram Lord Russell Lord Ruthin Mr. Comisby Mr. Noel Sir Thomas Bowyer Mr. Cecill Lord Fairfax Sir Thomas Widdrington Sir Peter Hayman Sir Iohn Holland Mr. Iames Fynes Sir Robert Crane Sir Iohn Corbet Mr. Io. Alford Sir Roger North Sir Edmond Mountford Mr. Whitlocke Mr. Mountagne Lord Faulkland Sir Peter Stapleton Sir Henry Mildmay Lord Herbert Sir Richard Wynn Sir Edward Rodney Sir Ralph Hopton This Committee is to meet with the Committee of 30 of the Lords concerning a Message sent hither on Friday last from their Lordships touching a Message sent formerly from this House to them by Mr. Pym for the Examination of their Members in the Accusation of the Earl of Strafford and touching a free Conference upon the last Point of that Message that some of the Members of this House should be present at the Examination of Witnesses to be propounded by this House to be examined in the Accusation of the Earl of Strafford The Petition of several of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten directed to the whole House of Commons in England read The Humble Petition of the Knights Citizens and Burgesses of the Commons House of Parliament in Ireland whose Names are underwritten To the King 's most Excellent Majesty read The two Gentlemen Mr. Io. Bellewe and Mr. Oliver Castle who brought over those Petitions were called in and demanded by Mr. Speaker several Questions These Gentlemen were again called in and Mr. Speaker told them This House has taken into Consideration your Petition and in due time you shall know the Pleasure of this House Ordered That the Lieutenant of the Tower be required from this House that he do not suffer Sir George Ratcliff to speak with the Earl of Strafford a Prisoner there until further Order be given from this House nor suffer any Message or Letter to be sent from Sir George Ratcliff unto him or if any such be to
Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limitted and appointed That amongst other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the course of Procéedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those Offences is appointed That also amongst other things in the said Instructions it is directed That the said President and others therein appointed have Power to examine hear and determine according to the course of Proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay Proceedings in the Court of Common Law by Injunction or otherwise by all ways and means as is used in the Court of Chancery And although the former Presidents of the said Council had never put in practise such Instructions nor had they any such Instructions yet the said Earl in the month of May in the said Eighth Year and divers years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful Power and Iurisdiction over the Persons and Estates of His Majesties Subjects in those parts and did disinherit divers of His Majesties Subjects in those parts of their Inheritances Sequestred their Possessions and did Fine Ransome Punish and Imprison them and caused them to be Fined Ransomed Punished and Imprisoned to their Ruine and Destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by advice of the said Earl And he the said Earl to the intent that such Illegal and Unjust Power might be exercised with the greater Licence and Will did advise counsel and procure further Directions in and by the said Instructions to be given that no Prohibition be granted at all but in cases where the said Council shall exceed the limits of the said Instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decrée and Order of the said Council And the said Earl in the 13th Year of His Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful Additions That the said Commission and Instructions were procured by the sollicitation and advice of the said Earl of Strafford II. That shortly after the obtaining of the said Commission dated the 21th of March in the Eighth Year of His Majesties Reign to wit the last day of August then next following he the said Earl to bring His Majesties Liege-people into a dislike of His Majesty and of His Government and to terrifie the Iustices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Iustice of Peace did publiquely at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to Law and in the presence of the Iustices sitting that some of the Iustices were all for Law and nothing would please them but Law but they should find that the King 's little Finger should be heavier than the Loines of the Law III. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and Governed by the same Laws The said Earl being Lord Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased and speaking of the Charters of former Kings of England made to that City he further then said That their Charters were nothing worth and did bind the King no further than He pleased IV. That Richard Earl of Cork having sued out Process-in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-Table of the said Realm of Ireland upon a Paper-Petition without Legal procéeding did the 20th day of February in the Eleventh Year of His now Majesties Reign threaten the said Earl being then a Péer of the said Realm to imprison him unless he would surcease his Suit and said That he would have neither Law nor Lawyers dispute or question his Orders And the 20th day of March in the said Eleventh Year the said Earl of Strafford speaking of an Order of the said Council-Table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tythes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-Chamber there upon pretence of breach of the said Order of Council-Table and did sundry other times and upon sundry other occasions by his words and spéeches arrogate to himself a Power above the Fundamental Laws and Established Government of that Kingdom and scorned the said Laws and Established Government V. That according to such his Declarations and Spéeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the said Fundamental Laws and Established Government of the said Realm of Ireland extending such his Power to the Goods Fréeholds Inheritances Liberties and Lives of His Majesties Subjects of the said Realm and
Twelfth Year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot armed in War-like manner and in War-like array with Force and Arms to expel Richard Butler from the Possession of the Mannor of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in the War-like manner expel divers of His Majesties Subjects from their Houses Families and Possessions as namely Edward O Brenman Owen Oberman John Brenman Patrick Oberman Sir Cyprian Horsefield and divers others to the number of about an hundred Families and took and imprisoned them and their wives and carried them Prisoners to Dublin and there detained until they did yield up surrender or release their respective Estates and Rights And the said Earl in like War-like manner hath during his Government of the said Kingdom of Ireland subdued divers others of His Majesties Subjects there to his will and thereby and by the means aforesaid hath levied War within the said Realm against His Majesty and His Liege-people of that Kingdom XVI That the Earl of Strafford the Two and twentieth of February in the Seventh Year of His Majesties Reign intending to Oppress the said Subjects of Ireland did make a Proposition and obtained from His Majesty an Allowance thereof That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such Usurped tyrannical and exorbitant Power expressed in the former Articles Destroyed and Oppressed the Péers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said Power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said Power And to prevent the Subjects of that Realm of all means of Complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties Service or attending in England by His special Command to make their personal residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking relief against the Oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous waies as by Fine Imprisonment and otherwise put in execution on His Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl XVII That the said Earl having by such means as aforesaid subverted the Government and Laws of the Kingdom of Ireland did in March in the Sixteenth Year of His Majesties Reign in scandal of His Majesties Government of all His Kingdoms and in further Execution of his wicked Purposes aforesaid speaking of the Army in Ireland declare That His Majesty was so well pleased with the Army of Ireland and the consequences thereof that His Majesty would certainly make the same a Pattern for all His Three Kingdoms XVIII That the said Earl of Strafford for the better effecting of his traiterous Designs and wicked Purposes did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of his Government in Ireland he restored divers Fryeries and Masse-Houses which had béen formerly suppressed by the precedent Deputies of that Kingdom two of which Houses are in the City of Dublin and had been assigned to the use of the University there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the month of May and June last the said Earl did raise an Army in the said Realm consisting of 8000 Foot all of which except one or thereabouts were Papists and the said One thousand were drawn out of the old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earl And the more to engage and tie the said new Army of Papists to himself and to encourage them and to discourage and weary out the said old Army the said Earl did so provide That the said new Army of Papists were duly paid and had all Necessaries provided for them and permitted the Exercise of their Religion but the said old Army were for the space of one whole Year and upwards unpaid And the said Earl being appointed a Commissioner within eleven several Counties of the Northern parts of England for Compounding with Recusants for their Forfeitures due to His Majesty which Commission beareth date the Eighth day of July in the Fifth Year of His Majesties Reign that now is and being also Receiver of the Composition-money thereby arising and of other Debts Duties and Penalties by reason of Recusancy within the said Counties for His Majesties Use by Letters Patents dated the Ninth day of the same July He to engage the said Recusants to him did Compound with them at low and under Rates and provided that they should be discharged of all Procéedings against them in all His Majesties Courts both Temporal and Ecclesiastical in manifest breach of and contrary to the Laws and Statutes of this Realm in that behalf Established XIX That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said other Oppressions in His Majesties Name and as by His Majesties Royal Command he the said Earl in May the Fifteenth Year of His Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any His Majesties Royal Commands but submit himself in all due obedience thereunto Which Oath he so contriv'd to enforce the same on the Subjects of the Scotish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with His Majesty and His Government there and compelled divers of His Majesties said Subjects there to take the said Oath against their wills and of such as refused to take the said Oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the Tenth of October Anno Dom. 1639. he fined Henry Steward and his wife who refused to take the said Oath 5000 l. a piece and their two Daughters and James Gray 3000 l. a
piece and imprisoned them for not paying the said Fines The said Henry Steward his Wife and Daughters and James Gray being the King's Liege-people of the Scotish Nation and divers others he used in like manner and the said Earl upon that occasion did declare That the said Oath did not only oblige them in point of Allegiance to His Majesty and acknowledgment of His Supremacy only but to the Ceremonies and Government of the Church Established and to be established by His Majesties Royal Authority and said That the Refusers to obey he would prosecute to the blood XX. That the said Earl hath in the 15th and 16th Years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotish Nation and divers and sundry times and especially since the pacification made by His Majesty with His said Subjects of Scotland in Summer in the 15th Year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an offensive War against His said Subjects of the Scotish Nation And the said Earl by his Counsels Actions and Endeavours hath béen and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his mind towards His Majesties Subjects of the Scotish Nation viz. the Tenth day of October in the Fiftteenth Year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased His Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article only excepted and the said Earl hath caused divers of the Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War XXI That the said Earl of Strafford shortly after his Spéeches mentioned in the last precedent Articles to wit in the 15th Year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much Wisdom and Goodness had composed the Troubles in the North and had a pacification with his Subjects of Scotland he laboured by all means to procure His Majesty to break that pacification incensing His Majesty against His Subjects of that Kingdom and the procéeding of the Parliament there And having incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he counselled His Majesty to call a Parliament in England yet the said Earl intended that if the said procéedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous Designs he would then procure His Majesty to break the same and by ways of force and power to raise monies upon the Subjects of this Kingdom And for the encouragement of His Majesty to hearken to his advice he did before His Majesty and His Privy-Council then sitting in Council make a large Declaration that he would serve His Majesty in any other way in case the Parliament should not supply him XXII That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdom to declare their Assistance in a War against the Scots and gave directions for the raising of an Army there consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederacing with one Sir George Ratcliff did together with him the said Sir George trayterously Conspire to employ the said Army for the ruine and destruction of the Kingdom of England and of His Maiesties Subjects and of altering and subderting of the Fundamental Laws and established Government of this Kingdom And shortly after the said Earl of Strafford returned into England and to sundry persons declared his Opinion to be that His Majesty should first trie the Parliament here and if that did not supply him according to his Occasions He might use then His Prerogative as He pleased to levy what He néeded and that He should be acquitted both of God and man He took some other courses to supply Himself though it were against the wills of His Subjects XXIII That upon the Thirtéenth day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did accordingly to the Trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publique Liberty of the Kingdom and His Majesties referring chiefly to the said Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure His Majesty by sundry Spéeches and Messages to urge the said Commons House to enter into some Resolution for His Majesties supply for maintenance of His War against His Subjects of Scotland before any course taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a Demand was then made from His Majtsty of Twelve Subsidies for the release of Ship-money only and while the said Commons then Assembled with expression of great affection to His Majesty and His Service were in Debate and Consideration concerning some supply before any Resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure His Majesty to dissolve the said Parliament upon the Fifth day of May last and upon the same day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense His Majesty against His loving and faithful Subjects who had béen Members of the said House of Commons by telling His Majesty They had denied to supply him And afterwards upon the same day did traiterously and wickedly Counsel and Advise His Majesty to this effect viz. that having tried the affections of His People he was loose and absolved from all rules of Government and that he was to do every thing that Power would admit and that His Majesty had tried all ways and was refused and should be acquitted towards God and man and that he had an Army in Ireland meaning the Army
he stood within little distance of my Lord when he spake the words and hath not been deaf above two months and two other Witnesses concur fully with him For Doctor Duncombe whether he be the man that laid Aspersions in the North on some Noble Lords I know not but his Testimony only is that he heard so from one that spake it at the Table not upon Oath and not knowing what use would be made of it And another Witness shall be produced that will speak to the occasion and that it was not the matter of Knighting-money Sir Thomas Leyton being asked how long he hath had this Infirmity in his hearing Answered That he got a great Cold since he came to Town and had this Imperfection since Christmas and had his hearing well before Being asked how far he sate from my Lord of Strafford He Answered Four yards off My Lord of Strafford desired it might be asked the Witness Whether he sate on the Seat where the Sheriff uses to fit he answered Affirmatively His Lordship excepted against his Testimony himself sitting where the President uses to sit betwixt my Lord Chief Baron and Mr. Justice Vernon And he Appealed to my Lord Chief Baron Whether the Presidents Seat and the Sheriffs Seat be not as far distant very near as far as from his Lordships then station to the Lord Steward But the Committee observed it not to be material that there should be any Geometrical measure but be three four five six or seven yards off Here the Committee offered other Witnesses but my Lord of Strafford desired their Lordships Judgment Whether they should not bring all together which the Lord Steward declared they might as to this Point Sir David Fowles being produced was excepted against My Lords He is no competent Witnesse he lying in the Fleet on a Sentence in the Star-Chamber at my Suit being fined for divers things he had said which concerned my self which depended on this in question and conducing to it He comes not at his own Request or Suit but in a Suit that concerns His Majesty and the Commonwealth and might offer the Presidents own Rule in the Case but that the Law speaks for him that a Witness ought to be heard in this Cause though there have been particular ill affections between them and your Lordships well know how to compare him with other Witnesses and to value him accordingly This hath been Resolved in the Case of Sir Pierce Crosby that he should be sworn and then value his Testimony as the Lords shall see Cause and this may be put into the same way Sir David Fowles being sworn the Lord Steward put them in mind of the former Caution that their Lordships would judge the value of his Testimony the Committee not admitting what was excepted against him he being not to obtain any thing for himself nor his own Interest concerned but produced for the King and Commonwealth and therefore an indifferent Witness in the Case And then being Interrogated touching the words of Comparison between the King 's little Finger and the Loins of the Law whether he heard them and the occasion Sir David Fowles answered He heard him say the very same words That there were some for Law and nothing but Law but the King 's little Finger should be heavier on them than the Loins of the Law The occasion he cannot well remember but there was some discontent taken by my Lord against him he being desired by a Messenger to levy Mony to mend a Bridge he told the Messenger He could not well do it of himself for there was a Statute as he took it 24 H. 8. that appoints four Commissioners to be at the doing of such Service and he being but One durst not undertake to do it Besides he said He must see an Order or Warrant from the Sessions else he could not do it and none was shewed Some other Exceptions he took to the unlawfulness of the business and the Messenger reported this to my Lord and that he conceived was the cause my Lord broke out so violently against him But being Interrogated on what occasion the words in question were spoken He answered Before my Lord went to Ireland he made a Speech to the whole County and desired them to go on in their Service and so brake out Some are all for Law but they shall find the Kings little Finger heavier on them than the Loins of the Law And this is all he can remember Sir William Ingram sworn and examined touching his knowledge of these words Answered That he was on the Bench at that time Sir Thomas Leyton was Sheriff and he heard my Lord speak these words Some of you are all for Law but you shall find that the King 's little Finger is heavier than the Loins of the Law but he doth not remember the occasion The main point I must insist on is That the very words if they had been spoken by me as they are laid concerning which I call God to witness I have spoken the truth and the occasion It is no Treason within the Statute And that being a point of Law I crave leave to reserve my self according to your Lordships Order that my Counsel in time fitting and proper may speak as concerning that in point of Law We shall close this Article the last thing mentioned by his Lordship was spoken to before as to the words we had five Witnesses express in the Point and therefore shall expect your Lordships Judgment in that And so the Court was adjourned The Fourth day Thursday March 25. 1641. THE Third Article The Charge THat the Realm of Ireland having béen time out of mind annexed to the Imperial Crown of this His Majesties Realm of England and governed by the same Laws The said Earl being Lord-Deputy of that Realm to bring His Majesties Liege-Subjects of that Kingdom likewise into dislike of His Majesties Government and intending the Subversion of the Fundamental Laws and setled Government of that Realm and the destruction of His Majesties Liege-people there did upon the 30th day of September in the Ninth Year of His now Majesties Reign in the City of Dublin the chief City of that Realm where His Majesties Privy-Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry of that Kingdom and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other His Majesties Liege-people declare and publish That Ireland was a Conquered Nation and that the King might do with them what he pleased And speaking of the Charters of former Kings of England made to that City He further then said That their Charters were nothing worth and did bind the King no further than he pleased I Humbly move your Lordship That since diverse things were spoken by the Witnesses Yesterday which
should not extend to a Subject This is to take a power above Law and make himself equal to Sovereignty to say that he should not be comprehended more than the King himself He says he did not lead the Soldiers but only gave a Warrant and therefore this should not be Treason but though he leads them not the Commander is an Actor and to give Warrant for Treason is Treason He says this is a Statute-Law in Ireland and not examinable before their Lordships here Mr. Palmer alledged that he would do my Lord right that he submitted to their Lordships Judgements and craved leave to give answer to that point and said The Laws of Ireland are devised from the Crown of England the King being seized of it in the right of his Crown of England and as a parcel of this Crown The power they have to make Laws there is derivative from the Crown of England and they did thankfully accept them from the first Conqueror Since that they had power to make Acts of Parliament but that is subordinate the Laws there are the Laws of England applyed to that place As any particular custom of a place not the general Law of the Land is the Law of that place by a general custom and yet may be judged out of the precincts of that custom so the Laws of Ireland are the Laws of that Kingdom yet may be judged by this Supream Court out of the limits of Ireland Though in an inferior Court when a thing questioned in Ireland is brought by Writ of Error they judge according to the Laws of Ireland not of England And my Lord hath prayed and werequire that he may be judged according to the Laws of Ireland So this Law of 18 H. 6. may be judged by their Lordships though it be a Law in Ireland But my Lord urges that this Law is repealed and for that he gave reasons on many Acts of Parliament First a Statute made 8 Edw. 4. That is made to a particular purpose reciting one particular Statute and repealing that and then by a general clause ratifying and introducing all the Statutes of England into Ireland This being but on a particular occasion with such a general Clause will not be applyable however it will be the Answer to that that follows It is a general Clause to introduce the Laws of England and shall not have that reflexion to repeal any Law of force in Ireland This introducing of our Laws thither shall not work to repeal their Laws but make a consistance of both Laws so far as they may stand together On that Mr. Palmer said he would not enlarge himself it being not matter of Fact and it was not expected that matter of Law would have been insisted on and therefore he leaves it to those that shall hereafter give their Lordships satisfaction in point of Law That which my Lord called a Judgement in Parliament 11 Eliz. recites that it was in time of desolation of Justice That the Captains had brought oppressions on the people It was in a time when though the Irish had been victi long before yet they were not brought perfectly under subjection of the Laws of England there then remained Rebellions and Tumults It was in time of Hostility and War And that Statute gives but an Implication neither that Captains should not Assess without the Deputies Warrant And it follows not that therefore he hath authority to do it But howsoever the thing be this was for defence of the people to make resistance against Rebels But the thing in charge was in time of peace and full government of the Law and so that Statute will give no justification at all My Lord of Strafford concluded that there was no Treasonable Intent in this and therefore it should be no Treason on the Statute of the 25 Edw. 3. My Lord recited the words of the Statute Not to be only the levying of the War but adhering to the Kings enemies but these glosses are not to be confounded but severed The adhering to the Kings enemies is one offence within that Statute Levying of War another so that if there be no Adherence yet if there be Levying of War it will be Treason And this levying of War it was on the Kings People perhaps there was no intent upon the Kings Sacred Person yet if it be against the Kings People such a levying of War is Treason ordinary Cases of Felony are to be against the Kings Crown and Dignity though it be the Homicide of a mean Subject it is against the Kings Crown and Dignity because it is against the protection and safety of that man that is the Kings Subject and so the levying of War on the Kings People by laying Soldiers in this hostile manner being against the protection by which they are governed against the safety by which the King is to defend them It is a War against the King his Crown and Dignity This is the Answer to the Defence And Mr. Palmer concluded That he conceived the Charge of the House of Commons in matter of Fact was fully maintained and for matter of Law if there remained any scruple a farther Argument and stronger Reasons should be offered hereafter And so a Recess being granted for a day upon the Humble Request of my Lord of Strafford the House was Adjourned and Saturday following was appointed for the next meeting THE Sixteenth Article The Charge 16. THat the Earl of Strafford the Two and twentieth of February in the 7 th year of His Majesties Reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from His Majesty an allowance thereof that no complaint of injustice or oppreision done in Ireland should be received in England against any unless it appeared that the party made first his address to him the said Earl and the said Earl having by such usurped Tyrannical and exorbitant power expressed in the former Articles destroyed and oppressed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his said power and to bring the people into a disaffection of His Majesty as aforesaid did use His Majesties Name in the execution of the said power And to prevent the Subjects of that Realm of all means of complaints to His Majesty and of redress against him and his Agents did issue a Proclamation bearing date the 17 th day of September in the Eleventh year of His Majesties Reign thereby commanding all the Nobility Undertakers and others who held Estates and Offices in the said Kingdom except such as were employed in His Majesties service or attending in England by His special command to make their personal Residence in the said Kingdom of Ireland and not to depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of
clear this Point and said The Gentlemen is a great way off him and may easily mistake For he said Were it again to do being no better informed then he was at that time he should do it But now he understands more than he understood before But Mr. Stroud Answered That under-favour he did not mistake my Lord for he remembred how fierce my Lord was upon an Oath in the Case of the Loane when he was a Commoner My Lord of Strafford did here desire a Motion or two The First Importing That he should be very unwilling any thing should befall him that might be a Prejudice to the Peerage of the Realm and out of the duty he owes to that he might crave leave humbly to enform their Lordships That he hath a great Family in Ireland his Wife and Children are there that all he hath is seized on So that he hath not as he protested but as he borrowes it Money to buy Meat to feed himself here And how his Wife and Children and Servants do in Ireland he knows not but that they are under the Providence of Almighty God That it is a heavy Case that being Impeached of Treason and Constructive Treason he hopes it will prove at the most that he should be thus used being a Peer of the Realm to have all he hath taken in this sort and his Wife and Children and Family thus unprovided for and left without so much means as to feed themselves he therefore besought their Lordships to take him into Consideration that he may not be worse than the meanest sort of people having the honor to be a Peer under the pretence of Treason The Second was That since my Lord-Keeper and my Lord of Northumberland may be very good Witnesses for him in the subsequent Charge that will next come before their Lordships And whether my Lord Cottington be in disposition to be here on Monday He knows not that therefore some course might be afforded that he might have the benefit of their Testimony when he shall come to Answer the next Charges Being demanded by the Lord Steward By whom his Goods were seized and Whether by the Orders of the House of Commons Read the other day that their Lordships might clearly understand him His Lordship answered Yes From whence Sir Iohn Clotworthy observed That by these Orders nothing could be Inferred but a Sequestration of the advantage that might possibly be had by the Tobacco And that his Lordship had a fair Estate in Ireland of per Annum acquired since he came into Ireland which is not at all touched To which my Lord of Strafford replyed That he had a Thousand a Year in Ireland and that was all And he had Two hundred and sixty in Family and how those can be maintained All the Customs being seized and a little Money he had having but narrowly escaped he desired their Lordships to take it into their Consideration For these Particulars his Lordship had direction to Petition to their Lordships And so the House was Adjourned and Monday morning next appointed to proceed about the ARTICLES The Council for the House of Commons having proceeded against the Earl of Strafford Article by Article till they came to Article 20 but then finding the following Articles so nearly related to one another they would tye themselves no more to these Rules but pleaded for Liberty to handle them not as they lay but as they were Related to one another And after my Lord Strafford had long and vigorously opposed this my Lord High Steward Determined the Case and Ordered They should be handled promiscuously and in cumulo as the Council for the Commons-House should think fit Therefore I have set down these Articles that were thus Debated here THE Twentieth Article The Charge 20. THat the said Earl hath in the Fifteenth and Sixteenth years of His Majesties Reign and divers years past laboured and endeavoured to breed in His Majesty an ill Opinion of His Subjects namely of those of the Scotch Nation And diverse and sundry times and especially since the Pacification made by His Majesty with His said Subjects of Scotland in Summer in the Fifteenth year of His Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke His Majesty to an Offensive War against His said Subjects of the Scotch Nation And the said Earl by his Counsels Actions and Endeavors hath been and is a principal and chief Incendiary of the War and Discord between His Majesty and His Subjects of England and the said Subjects of Scotland and hath declared and advised His Majesty that the Demands made by the Scots in their Parliament were a sufficient cause of Warr against them The said Earl having formerly expressed the height and rancour of his Mind towards His Majesties Subjects of the Scotch Nation viz. the Tenth day of October in the Fifteenth year of His Majesties Reign he said That the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning His Majesty to send him back again he would root out of the said Kingdom meaning the said Kingdom of Ireland the Scotch Nation both root and branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted and the said Earl hath caused diverse of the Ships and Goods of the Scots to be â—aped seized and molested to the intent to set on the said War THE One and Twentieth Article The Charge 21. THat the said Earl of Strafford shortly after his Speeches mentioned in the last Precedent Articles to wit in the Fifteenth year of His Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and contiâ—ed his Government of that Kingdom by a Deputy at his arrival here finding that His Majesty with much wisdom and goodness had composed the Troubles in the North and had a Paciâ—ation with His Subjects of Scotland he laboured by all means to procure His Majesty to break that Pacification Incensing His Majesty against His Subjects of that Kingdom and the Proceeding of the Parliament there And having Incited His Majesty to an Offensive War against His Subjects of Scotland by Sea and Land and by pretext thereof to raise Forces for the maintenance of that War he compelled His Majesty to call a Parliament in England yet the said Earl intended that if the said Proceedings of that Parliament should not be â—ch as would stand with the said Earl of Straffords mischievous Dâ— he would then procure His Majesty to break the same and by ways of Force and Power to raise Monies upon the Subâ—cts of this Kingdom And for the encouragement of His Majesty to hearken to his Advice he did before His Majesty and Privy-Council then sitting in Council make a large Declaration That he would serve His Majesty in any other way in case the Parliament
You are acquitted before God and Men You have an Army in Ireland which You may Imploy here to Reduce this Kingdom or some words to this effect And Sir Henry Vane added That he desires to speak clearly to it It is true My Lord of Strafford said these words You may But by that he the Examinant cannot say it was intended but that the words were spoken and if it were the last hour he is to speak it is the Truth to his best Remembrance Being Asked on the several Motions of my Lord of Clare and my Lord Savil Whether by this Kingdom he meant the Kingdom of England or Scotland and Whether it was meant That he might imploy the Army in England or in Ireland because he said The Army might be there imployed He Answered That he shall as near as he can And because he would have-Truth appear he shall desire That if in this Case any word fall which may be uncouth in the Sence they would resort to his Examinations for there it remains under his Hand and Oath But to his best remembrance he thinks neither then nor there were used But Your Majesty hath an Army in Ireland You may Imploy to reduce this Kingdom But far be it from him the Examinant to Interpret them He tells their Lordships the words and no other Being directed by the Lord Steward to repeat what he had spoken He Answered That he shall plainly and clearly do it These words were spoken as my Lord of Northumberland hath testified at the Committee of Eight for the Scotch Affairs It was an occasion of a Debate Whether an Offensive or a Defensive War with the Kingdom of Scotland That on some Debate then some being of Opinion for a Defensive some for an Offensive War he did say the words related as he conceives That in a Discourse the Earl of Strafford said these words or words to this effect Your Majesty having tryed all wayes and refused in this case of extream necessity and for the Safety of Your Kingdom and People You are loose and absolved from all Rules of Government You are acquitted before God and Men You have an Army in Ireland You may imploy it to reduce this Kingdom Being Asked How long this was after the Parliament was Dissolved He Answered He cannot tell the time but it was suddenly after or within few dayes after the dissolution of the Parliament Being Asked on my Lord of Clares motion Whether these words You have an Army in Ireland did immediately follow these words You are Absolved c. He Answered That to his best remembrance it did interpose and my Lord of Strafford did speak it once or twice And to his best remembrance at first it was agitated to press the Offensive War for there were divers Reasons given as the Kingdom stood then that there should be no Offensive War and he must speak clearly and plainly he the Examinant did move for a Defensive War For the Subjects of England how they stood affected to this War they knew and besides a breach of a Parliament he thought it would but induce an ill effect On these Controversions the words were spoken Here Mr. Whitlock observed That these words were spoken in England on this occasion Of the Kings trying His People c. which cannot be intended any other place but England where the Parliament was broken and where the King had tried his People Being Asked on the motion of the Earl of Southampton Whether he sayes positively my Lord of Strafford did say these words or words to that effect or whether to his best remembrance He Answered That he speaks positively either those words or words to that effect The Earl of Clare desiring further satisfaction to the Question formerly proposed on this Motion Whether he meant by this Kingdom the Kingdom of England or the Kingdom of Scotland The Lord Steward put his Lordship in mind That Sir Henry Vane testifies to the Words not to the Interpretation And Mr. Maynard said The Question is put Whether this Kingdom be this Kingdom And so Mr. Whitlock said They should conclude their Evidence conceiving the last words spoken to be very fully proved and by connexion with those other words proved before he thinks it is very clear and manifest That my Lord of Strafford had a strong Design and Endeavour to subvert and change the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he shall not trouble their Lordships with repitition of words nor with the Application of them for indeed they be above Application and to aggravate them were to allay them they have in themselves more bitterness and horror then he is able to express and so he left them to their Lordships consideration and application expecting my Lord of Straffords Answer to them Only he desired their Lordships in one point to hear what Mr. Treasurer can say further concerning the breach of the last Parliament and what Words and Messages he heard of during the sitting of that Parliament procured by my Lord of Strafford unless their Lordships will reserve that till the rest of the Witnesses come to morrow morning and then they shall be ready to produce all relating to that point together Whereupon liberty was granted for the reserving of them accordingly My Lord of Strafford did hereupon crave of their Lordships leave to recollect his Notes being as he said a little Distracted how to give Answer to these things for diverse Articles are mingled together which will make his Answer not so clear as otherwise he had hoped to have made it but trusts he shall do it still He desires leave to Answer Article by Article and how much horror soever this Gentleman is pleased to say there is in these words he trusts before he goes out of the Room to make it appear that though there may be error of Judgment yet nothing that may give offence when the Antecedents and Consequents are brought together and that he shall give such an account that whether or no their Lordships will clear him as to the Charge of an Indiscreet Man he knows not but as for Treason to the King and His People he shall give clear satisfaction that no such thing was spoken or intended His Lordship desired He might be favoured with the sight of my Lord of Northumberlands Examinations But this Mr Glyn opposed and said His Lordship being to Answer to matter of Fact let him first say how it stands and then prove it To which my Lord of Strafford Answered That in truth they make much more of it then he did for he trusts by the blessing of Almighty God to give the Answer of an honest Man to all Objections he will not say of a discreet Man and once for all he humbly besought their Lordships and so he knows in their Wisdom and Judgment they will to
His people and to make both happy but Parliaments as shall appear clearly and plainly by that time he hath given his proofs and so it will appear he meant only lawful ways The next particular wherewith he is charged is to procure the Parliament of the Kingdom of Ireland to declare their assistance in a War against the Scots For that if their Lordships please to give him leave he thinks the thing it self will best shew it self and therefore he desired the Remonstrance of the Two Houses of Parliament in Ireland might be read And that of the Commons-House was read being in effect THe Declaration of the Commons-House there Importing Whereas they have with one consent cleerly given to His Majesty Four entire Subsidies towards His present preparations to reduce His disaffected Subjects the Covenanters in Scotland to their due obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for themselves and the Commons of this Kingdom do profess that their Zeal and Duty shall not stay here at these four Subsidies but Humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the world and succeding ages That as this Kingdom hath the happiness to be governed by the best of Kings so they desire to give cause That he shall account this people amongst the best of His Subjects The Declaration of the Lords Spiritual and Temporal being of the same Tenor was spared to be read Upon which my Lord of Strafford said That if he had procured this Declaration it had been no crime considering what preceeded in the Kings Council there But he says he hath no part in it it was done with the greatest freedom and cheerfulness that ever he did or shall see a thing of that nature done It must be ascribed to that Nation and the Zeal Affection and Chearfulness by which they discovered themselves to the Kings service to which there was no need to invite them But if he had had a part in it he might have justified it considering what precedent Instructions he had from the King which he could shew but that he is loath to take up their Lordships time The next thing he is charged withal is for confederating with Sir George Ratcliffe and together with him traiterously conspiring to employ the Army raised in Ireland for the ruine and destruction of the Kingdom of England and of His Majesties Subjects and subverting the fundamental Laws of this Kingdom To which he saith That truly if it be made appear that he had so much as any such thought in his Breast he should easily give Judgement against himself as not worthy to live If he should confederate to the destruction of the Countrey that bore him and consequently to the making of himself and his posterity little else than Vassals who were born a free people by the goodness of Almighty God and under the Protection and Justice of the King and particularly of His Majesty That he hath a heart that loves freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it And therefore certainly he is not altogether so probably to be thought a person that would go against it Nay he thinks that man doth the King the best service that stands for the modest Propriety and Liberty of the Subject It hath been once his opinion which he learnt in the Honourable House of Commons when he had the honor to sit there it hath gone along with him in the whole course of his service to the Common-wealth and by the Grace of God he shall carry it to his Grave That the Prerogative of the Crown and Liberty of the Subject should be equally looked upon and served together but not apart The proof they offer for this is a strange manner of proof For First they prove by Sir Robert King what Sir George Ratcliffe said they will not admit the examination of Sir George Ratcliffe but here is a Report upon a Report And what sayes this Gentleman He tells of some time Sir George Ratcliffe said which was not concerning him the Defendant and was impertinent for him to repeat But the Deponent sayes in the conclusion That as he understood them there was some danger towards c. Then comes my Lord Ranalaugh and reports the words of Sir George Ratcliffe and in conclusion sayes That by some things he did gather he had fears there might be some intendment to employ that Army in Ireland or some other place but he the Defendant offers to their Lordships That what Sir George Ratcliffe said was nothing to him and so could not charge him with it The meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney and it is a priviledge which though he hath the honor to be a Peer he shall never desire that a Peer may do it by Proxy Sir George Ratcliffe cannot speak nor procure Treason for him and being Sir George Ratcliffes words they cannot be his the Earl of Straffords offence and he hopes Sir George will answer them as an honest Gentleman and a Privy-Counsellor to the King which he hath the honor to be in Ireland And how Sir Robert King understood them is as little if not less to him the Defendant Sir Robert's understanding of a thing can make no crime to him my Lord of Strafford And for my Lord Ranalaugh's fears he may take them back again for it will be shewed they were groundless fears viz. That this Army was intended for English ground For him to imagine that because my Lord of Strafford said It was like to be a troublesome world and that he was willing to sell his Land therefore this Army should come into England These be Non sequiturs and fancies of his own and there was no colour for such fears in his Lordship Besides my Lord Ranalaugh was not acquainted with the Design and therefore he might easily mistake but others were acquainted with it in such manner as is expressed in his Answer and which my Lord said he shall now declare viz. That there was no intention or purpose of bringing this Irish Army into England And whereas to the Design he hath exprest in his Answer of having two Honourable Persons to be made privy and divers others to his Papers he Humbly besought their Lordships to favour him
S r THOMAS WENTWORTH Kt. EARLE of STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhowse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of y e Councill established in y e North parts of England L d Lievtenant of y e County City of York one of his Ma ty most hon ble Privy Councill and Knight of y e most Noble order of the Garter THE TRYAL OF Thomas Earl of Strafford Lord Lieutenant of IRELAND Upon an Impeachment of High Treason BY The COMMONS then Assembled in PARLIAMENT In the Name of THEMSELVES and of All the Commons in England Begun in Westminster-Hall the 22 th of March 1640. And Continued before Judgment was Given until the 10 th of May 1641. Shewing the Form of PARLIAMENTARY Proceedings In an IMPEACHMENT of TREASON To which is Added A short Account of some other MATTERS of FACT Transacted in Both Houses of PARLIAMENT Precedent Concomitant and Subsequent to the said TRYAL With some Special Arguments in LAW Relating to a BILL of ATTAINDER Faithfully Collected and Impartially Published Without Observation or Reflection By IOHN RUSHWORTH of Lincolnes-Inn Esq LONDON Printed for John Wright at the Crown on Ludgate-Hill and Richard Chiswell at the Rose and Crown in St. Pauls Church-Yard 1680. To the Right HONOURABLE GEORGE EARL OF HALIFAX One of His Majesties most Honourable PRIVY COUNCIL My LORD NO Man I believe understands better than your Lordship the Interest and Concern that Posterity hath in a true account of all matters of moment that were transacted by their Ancestors and I know none in whose Devotion to the service of the King and Kingdom I could so confide as in your Lordships to Patronize this plain and full Relation of the proceedings in Parliament in the Case of the greatest Minister of State in his time I some times doubted that the Dedication of these Papers to your Lordship might be improper because of your Lordships Descent from the Sister of that great Personage whose unhappy Fate is here related But having well considered that Honor Truth and Justice have the Supreme Empire in your truly Noble Soul and that a full and clear Narrative of all the Matters of Fact that occurred in this great Affairs with the Intentions and Constructions of them as declared from the mouth of your Noble Ancestor himself is the fairest and justest way to represent him truly to future Ages I conceived it not unfit for your Lordship to favour this true Account of him which may protect his Name from the injuries both of Ignorance and Malice I ought not neither can I flatter your Lordship you are too well known to need any thing that can be said by me of your Worth and true Nobleness and the Character of this your Ancestor is best to be collected from the following Papers His Letters published by me in the Second Part of my Historical Collections and his Behaviour in this solemn Tryal here published discovers the greatness of his Parts the quickness of his Apprehension the excellence of his Wit and Eloquence the contempt he had of Death and the serene Composure of his mind in that Part of his Life which falls within this History I should not have dared to present this Work to your Lordship so nearly related to this eminent Minister of State if I had not been a Witnesse to all the steps of the proceedings in this great Action and if I had not taken in Characters as well and truly all that was said for him as what his Accusers said against him and therefore I can with great assurance aver it to be a candid Representation of Matter of Fact which is all I pretend to publish to the World andas far as the exactest care could carry me I have done it so punctually true that I am hopeful there is none can have any just Exception to any part of it My Lord There is none alive can judge of a Work of this nature better than your self who as you are descended from a Race of Statesmen being Nephew and Grandson to the Two chief Ministers of the last age this Great Earl and the Wise and Fortunate Lord Keeper Coventry so are you lookt on by all as a Person born for the Service of the KING and the publique good of your Countrey And as I have always had a constant Experience of your Goodness and Indulgence to my self so I humbly hope your Lordship will favourably construe my intentions in this Dedication and accept of it as a tribute of Duty and Acknowledgement humbly offered by May it please your Lordship Your Lordships most Humble Most Faithful and Most obliged Servant JO. RUSHWORTH March 25. 1680. THE PREFACE I Cannot think that there wants an Apology for publishing the ensuing Papers although the Press seems over-charged The Trial of Thomas Earl of Strafford was and is some way or other the Concern of every Man of England and the Commissioners of Scotland and Ireland thought those Kingdoms also Sufferers by his Deportment and joyned in the Prosecution against him All the Commons of England by their Deputies in Parliament were his Accusers and the Impeachment against him was in their Names The Matter of his Charge had Reference to every English Man and all their Posterities He was accused of designing to destroy the security of every of their Estates Liberties and Lifes and to reduce them all to be subject to meer Will and Pleasure It may therefore be said in the Maxim of our Government not much varying the sense Quod Omnes tangit ab omnibus tractari debet Every man ought doubtless to know his own Case to understand whether that Great Man was justly accused of such a hainous Crime and whether the Kingdom escaped such a fatal blow as was then alledged by his exemplary Fall under the Iudgement of the King and Parliament For this purpose I expose to the common view the whole Proceedings of his Trial being the most solemn deliberate and every way the greatest Tryal whereof we have any Account in our English Story The Preparations for his Tryal were made with an unusual solemnity and were the Results of the Prudence of many selected Lords and Commons as a Committee of both Houses The usual places for Administring Iustice and Tryals of Offenders were thought too mean upon so great an occasion and therefore Scaffolds were erected in Westminster-Hall fit to receive so great an Assembly as were to attend his Trial. His Majesty had a Closet provided for him the Queen and Prince near the place where the House of Peers sate and was every day at the Tryal of the said Earl and might hear what was said and see what Witnesses were produced and take a full view of the greatness of the Assembly and yet remain privately in His Closet unseen Seats were prepared for the Lord High Steward and all the House of Lords who sate as his Iudges Woolsacks
Quality and Trust are in Ireland material Witnesses to be examined as the Master of the Rolls the Lord Chancellor and others these can hardly be spared to come hither to give their Testimony The Committee desires the Advice of the House in this particular which without their Judgments cannot be determined to think of some way how these Parties might have their Testimony taken and the Truth might be known and Justice done This whole matter thus Reported from the Committee for Irish Affairs is recommitted to the same Committee again to consider of it and to draw those things that are to be inquired of under apt Heads and so present them to the judgment of this House to proceed accordingly Mr. Maynard Mr. St. Iohns Mr. Hide Mr. Whistler Mr. Ieofrey Palmer Mr. Glyn Mr. Sollicitor This Committee is to Collect and Offer to this House Reasons for this House to make use of and insist upon in maintainance of that Point of the Message of this House to the Lords which desires the presence of some of the Members of this House at the Examination of such Witnesses as shall be Proposed by this House in the Accusation of the Earl of Strafford To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six intire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Susidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limitted into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined 3. The proceedings in civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Iac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Usage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to
come to a Resolution so soon as to come to their Lordships for a Conference this Afternoon If they can they Resolve to sit this Afternoon and desire their Lordships to do the like if it may stand with their Conveniency Mr. Peard brings Answer That their Lordships will meet at Four of the Clock Resolved upon the Question That a Committee of the whole House shall hear the Earl of Strafford's Counsel in Westminster-Hall concerning matter of Law Ordered That the House do this Afternoon take the Proceedings against the Earl of Strafford into further Consideration The Committee is to retire presently into the Committee-Chamber to prepare Heads for a Conference to be desired with the Lords concerning the further Proceedings against the Earl of Strafford Mr. Maynard Reports the Heads of this Conference to this effect 1. To take Notice of their Lordships Resolution to hear the Earl of Strafford's Council in matter of Law 2. To put their Lordships in mind of the saving of this House in that Point and further to tell them That if after his Council shall be heard any doubt shall remain with their Lordships they shall be ready to satisfie them in due time 3. That to this end they do intend to send a Committee of this House only to hear what his Council shall say These Particulars raised some Debate in the House and being put to the Question the House was divided upon it but yet after the Tellers were appointed the Noes yielded to the Yeas without telling 4. To desire that their Lordships will be pleased to use all Expedition to put an end to this Trial as much as in Justice may be 5. To desire a continuance of their Care that the Counsel under colour of speaking to the matter of Law ravel not into the matter of Fact Sir Robert Harly went up to the Lords to desire a free Conference with their Lordships by a Committee of both Houses upon the free Conference had Yesterday with their Lordships concerning the further Proceedings against the Earl of Strafford Sir Robert Harly brings Answer That their Lordships will give a present meeting as is desired The Committee that was appointed to prepare Heads for the Conference concerning the further Proceedings against the Earl of Strafford are to manage this Conference and to Report it if occasion be Ordered That the Committee formerly appointed to preserve places for the Committee of the whole House in Westminster-Hall do apply their Endeavours in that Service A Message from the Lords by Justice Foster and Justice Heath That the Lords have sent this Message that they will be set to morrow at ten in the Forenoon in Westminster-Hall to hear the Earl of Strafford's Council in matter of Law Saturday April 17th 1641. Post Merid. Ordered That the House be Resolved into a Grand Committee to take into further Consideration the Bill of Attainder of Thomas Earl of Strafford Mr. Speaker left the Chair Mr. Peard was called to the Chair of the Grand Committee and Mr. Speaker again assumed the Chair Ordered That the Debate of the Bill of Attainder of the Earl of Strafford be resumed on Monday morning at Seven of the Clock Monday April 19th 1641. Ordered That after the Conference shall be ended the House shall again be Resolved into a Committee to resume the farther Debate of the Earl of Strafford and all the Members are required to return from the Conference to the House Resolved upon the Question That the endeavour of Thomas Earl of Strafford to subvert the Ancient and Fundamental Laws of the Realm of England and Ireland and to Introduce an Arbitrary and Tyrannical Government against Law in both these Kingdoms is High Treason The Lord Digbye's Speech in the House of Commons to the Bill of Attainder of the Earl of Strafford April 21. 1641. Mr. Speaker We are now upon the Point of giving as much as in Us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom Thomas Earl of Strafford a Name of hatred in the present Age by his Practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactared I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon
particular witnesses only I shall humbly desire That the Remonstrance of the Parliament of Ireland both of the Lords and of the Commons may be read And they will give a sufficient Testimony of the quality of his Justice 14. The 14th My Lords is this That he hath been a Means to His Majesty for a Parliament in England It is true he was And it is as true that we count that as mischievous a part of his design as any thing else Into what a miserable Dilemma My Lords did he bring the Kingdom that we must surrender the Liberties of the Kingdom in Parliament or see them oppressed with Force and Violence out of Parliament The particulars of this I shall leave for the instant for there is an Article that concerns this I have now passed through all the material parts of the Apologetical Preamble He concludes with a desire That he may not be charged with Errors of his understanding or Judgment being not bred up in the Law or with weakness to which humane Nature is subject Truly it would be far from us to charge him with any such mistakes No My Lords we shall charge him with nothing but what the Law in every mans breast condemns the Light of nature the Light of common reason the Rules of common Society And that will appear in all the Articles which my Colleagues will offer to you My Lords I have some few Witnesses which I shall desire may be heard to the points I have opened and I shall in the first place desire that Sir Pierce Crosby may be heard concerning the breach of Priviledge in Parliament Also Sir Iohn Clotworthy Nich. Barnewell Nich. Plunket and Sir Iames Montgomery I have some Witnesses to the point of Revenue Sir Robert Pye Sir Edward Warder and Sir Adam Loftus Gentlemen You who are of the Committee I am commanded to let you know That the Lords will allow you all the Testimonies you can produce to make good the Impeachment but the Witnesses which you do produce must be deposed before their Lordships Mr. Pym replied My Lords the Commons agree to it and in the first place we shall call Sir Pierce Crosby who was sworn accordingly My Lords I humbly crave leave whether I may not make my exception to any Witness Yes you may We desire to be heard upon that point of Exception That if my Lord of Strafford will make any Exception why a Witness should not be heard at all it may be according to the Rules of Justice The Lord High Steward declaring the Prisoner might except against the person of the Witness if he have just Cause my Lord of Strafford proceeded in substance as followeth My Lords I humbly conceive that I have against this Gentleman Sir Pierce Crosby just occasion of Exception as not being a competent Witness for that the said Sir Pierce hath been sentenced in the Star-Chamber for a very undue practise against me tending to no less than the taking away of my Life charging me and practising to prove it by Testimony of witness that I had killed a man in Ireland whom I protest I did never so much as touch That ever since the said Sir Pierce having broke Prison and made an Escape out of the Fleet he hath remained abroad and never came hither till such time as the Parliament sate here and now is returned to make Complaint in this business against me or indeed against the Court of Star-Chamber rather And standing thus whether the said Sir Pierce shall be allowed a Witness against me I humbly refer it to Your Lordships Judgments My Lords We expected my Lord of Strafford would have shown on what reason Sir Pierce was censured for a man Criminous in one kind may be nevertheless fit to give Testimony in another kind If it be a particular practice against my Lord of Strafford when their Lordships have heard what that practice was and have heard likewise the Witness they will believe him according to the weight of the Testimony compared with the fault or whatsoever else is in the Sentence But in the mean time they conceive it is no Exception but that the Witness should be heard This that is charged on my Lord of Strafford being a Crime of High Treason it concerns the Common-wealth the King being party and not the Witness that is produced And whereas it is informed that Sir Pierce Crosby brake Prison The Gentleman tells us it is not so he paid the Kings Fine and so was discharged But though he had it will not take away his Testimony when he is present which he said he spake only to give satisfaction to that aspersion I must desire their Lordships directions whether Sir Pierce Crosby be allowed notwithstanding my Lord of Straffords exceptions against him and Mr. Maynards allegations why his Testimony should be given in this case or no And divers of their Lordships called to have the House Adjourned to the House above that they might there debate and determine it Mr. Pym did thereupon offer that they will at present lay him aside till their Lordships have had opportunity to consider and bring him again to morrow whereunto Mr. Maynard added this further We desire rightly to express our selves to Your Lordships We will lay him aside till Your Lordships have heard others not that they wave him wholly And we pray it may be so entred The Lord Steward declaring it so to be It is so understood In the next place we desire that Sir Iohn Clotworthy may be called whom we produce to this point That during the Parliament in Ireland for speaking against a Bill in the Commons House he was threatned by Sir George Ratcliffe whom we take to be bound up in one Cause with my Lord of Strafford and to be moved by my Lord of Straffords spirit and that Parliaments are not Priviledges when Parliament Liberties are not observed Sir Iohn Clotworthy was sworn My Lords We desire he may be asked whether for having delivered his Opinion against a Bill preferred to the Parliament in Ireland by the Earl of Strafford about the 10th year of this King he was not asked by Sir George Ratcliffe concerning a Lease that he had the question intimating a Threat that he should suffer for speaking so freely To which he answered My Lords In the 10th year of the King I serving in Ireland in Parliament did Vote against a Bill as soon as I had Voted against it Sir George Ratcliffe being one of the Tellers on his counting the numbers how many Yea's and how many No's He came to me and said thus Have not you a Lease in such a place I told him yea remember that saith he This is all I can remember And this he added was in the Commons House 2. He being interrogated whether he knew any thing of Sir Pierce Crosbies Commitment or no He answered I know it only
was delivered him at his coming over by the Clerk of the Lords House in Ireland to be brought over hither by Order of the Lords there And the Lord Baltinglasse Deposed That he knew it to be the Clerks hand and they were both present at the Voting of it The same was read bearing date February 22. 1640. The Protestation and Declaration of the Lords Spiritual and Temporal in Parliament Assembled We desire to apply it to disprove part of the Preamble of my Lord of Straffords Answer I desire my Lord Digby may be asked whether he gave his Vote to this Protestation We produce it not as the Act of any particular man but of the Lords Your Lordships may observe that this is fallen out since my Impeachment of High Treason here And that it is followed by Faction and Correspondence as in time might be made appear if I could undertake it and a strong Conspiracy against me My Lords These words are not to be suffered Charging the House of Commons with Faction Correspondency and Conspiracy We desire Your Lordships Justice in this God forbid I should think there was or could be any thing in that House or any Member of it but that which agrees with Truth and Justice and Equity I must profess to Your Lordships I had no Reflection or Intention either upon the Lords House there or upon the Honourable House of Commons here but upon certain Persons that are not Members of the House here that have Correspondency with them in Ireland that are not Members of the House there We must consult with the House of Commons concerning the prosecution of this Exception to his words and in the mean time we will reserve it to our selves and so we shall proceed We desire the Remonstrance made by the House of Commons in Ireland being deposed unto by Patrick Gough That about February 25. it was delivered him sealed up in a box with other things before his face being called on by the House to be brought to the Committee for Irish affairs in England may be read Which Remonstrance was read accordingly Your Lordships may observe That my Lord of Straffords glorious Declaration of his own Merits was confuted by the whole Parliament and that the whole sum of the Charge is confirmed by the Testimony of all Ireland To the point of Revenue of Ireland for the contradicting of my Lord of Straffords Affirmation That Ireland supporteth its own Charge Sir Edward Warder produced and Sworn was interrogated when the last money was sent out of this Kingdom for support of His Majesties Affairs of Ireland He answered The last money sent over for payment of the Army there was in the Term of Easter 1621. and it was 10000 l. in full of 20000 l. for one whole years charge beginning the first of April 1619. and ending the last of March following which was 17 Iac. Being interrogated whether since that time the State here hath been actually charged with the Affairs of Ireland He answered Nothing hath been issued out of the Receipt of His Majesties Exchequer for the Maintenance of Ireland since this time only such moneys as have been lately issued for the Army and what hath been issued to the Treasurer of the Navy and the Officers of it for the maintaining of Ships on the Coast but otherwise no money hath been issued as a constant setled thing out of the Receipt of His Majesties Exchequer for any thing arising since the last of March 1620. I desire he may be asked what was since issued for the Navy We admit that the Charge of the Navy continued divers years after yet a few years before my Lord of Straffords Government it was taken off too The Manager did so open it and Sir Edward Warder did in effect set it forth so Therefore that question was waved Sir Robert Pye produced and Sworn to that point of Revenue and being interrogated to the same purpose Answered No money hath issued out of the Receipt but as Sir Edward Warder delivered it and I know of no other money but only for the Maritime parts something hath been paid to the Treasurer of the Navy And besides the 50000 l. of late I know not any The Lord Mountnorris was called upon and being asked whether the Charge of 7000 l. a year for the Navy of Ireland was not taken off a year before my Lord of Straffords Government He answered I cannot say the sum was 7000 l. But two of the Whelps employed there before my Lord of Strafford came to the Government were defrayed whether wholly or in part I cannot tell but they had good large sums of money and were paid in the Kingdom I desire my Lord Mountnorris may be asked whether when I came to the Government the constant Charge did not exceed the constant Revenue and how much It is true the Irish gave sixscore Thousand pounds towards the Charge so that the Supply came out of Ireland though not out of the constant Revenue of Ireland but it came not out of this Kingdom He further answered the Constant Revenue did not do it There was a Contribution by Loan from the Country to supply it but before my Lord of Faulkland went over I heard my Lord of Middlesex tell him They must look for no more money England had nourished Ireland long enough she must now live upon her own Milk The reason why money did not go out was because 120000 l. was supplyed by a Contribution notwithstanding which when he came to serve the King in that Kingdom the Crown was indebted very near 100000 l. Sterling He hath received 300000 l. for Subsidies It will Appear on Accompts to be bestowed faithfully and justly every penny for the King To the point of my Lord of Straffords taking of 24000 l. of the Kings money and disposing it for a year and a half notwithstanding His Majesties Wants and the Necessities of the Army Sir Adam Loftus Vice-Treasurer produced and Sworn was interrogated whether my Lord of Strafford had not 24000 l. out of the Kings Revenue and how long time and when was it paid in He answered My Lord of Strafford and Sir George Ratcliffe had never a penny out of the Exchequer but on such Warrants as I durst not deny them for their due Entertainment and other things importing His Majesties Service But I must confess that they being Partners in the Customs some moneys were to be paid for the profits of the Customs which were in arrear and Sir George Ratcliffe moved me to give discharges for it and he would give me my Lord Lieutenants Bond and his own for paying of it upon demand which I accepted of and accordingly did give those discharges Whence observe discharges are money for so much money should have been paid in and if it be intercepted the King wants His money Being
I say I preferred Mr. Gray and have done for him according to the means I had by the Favour and Goodness of the King perhaps he hath that which is worth 3 or 4 or 500 l. a year by my Gift And this Mr. Gray if I be not mistaken was sometimes Chaplain to a Noble Person that sits on the Earls Bench and if it were material further to enquire of him I might give satisfaction what he is I likewise brought into that Kingdom Mr. Tilson now Bishop of Elphin and sometimes Fellow of University Colledge of Oxford a most Worthy Honest Religious Person he is and those that know him I am sure will give him that Testimony I likewise preferred Dr. Margetson Dean of Christs Church he was of Cambridge and a Worthy man Mr. Forward Dean of Drummore an Oxford man who if he were known would appear worthy of that Preferment Mr. Dean Cressy an Oxford man Mr. Roade Dean of Derry a Cambridge man of Sydney Colledge Dr. Wentworth Dean of Armagh of Oxford Dr. Price Dean of Conaught of Christs Church in Oxford Mr. Thorpe a Cambridge man I preferred likewise one Mr. Parry whom I found in Ireland but all the rest I brought and sent for out of England Nay I sent for them and did those things for them before they did ask the Question or knew of it That being a means under Gods Blessing to conform that Kingdom to the Church of England And these and far greater numbers than these to my best Judgment and Understanding I made use of as Instruments to Gods Glory His true Service and the reducing of the people to the Profession of the same Religion that 's here in England and for no other end But concerning my Carriage of the Trust reposed in me by the King touching these Ecclesiastical Preferments I desire no other Testimony or Witness for me but the Lord Primate of Ireland who is sick and cannot come hither To whom I will Appeal whether I have not in my preferring to the Church Preferments carried my self with all clearness and care I could possibly To the point of increasing of Protestants if Your Lordships please to hear any thing in that kind I shall call my Lord Dillon and Sir Adam Loftus who if they should be asked Whether there be more Protestants in Dublin now than when I first came thither I doubt not but they would give an account of a greater number We Charge him not upon this point so it was set aside My preferring of none but Protestant Officers if I mistook not the Noble Gentleman did acknowledge To the disposing of the Army without Grievance to the Subject I leave that which was spoken with so much Advantage and Ability above any thing that from such a poor man as my self could be expected and proceed to that which was proved observing That one only Testimony was produced viz. Alderman I. who said they have a special Charter at Dublin to exempt them from Billetting of Soldiers But whether it be so or no it hath ever been denyed by the Deputies And by his own Confession the Foot-Companies of my Lord of Faulkland were Billetted in Dublin And whereas it was said they had Lodgings not Money That was altered upon a Composition with the Soldiers who can expect only Lodging but if for the Ease of the Town they will allow the Soldier Money and leave him to provide for himself it is all one For the Horse-Troops My own is and ever since I was there hath been Billetted in Dublin And it is in the power of the Deputy to Garrison part of the King's Army where he pleases and without controversie hath been so at all times And I desire that my Lord Ranulagh may be asked Whether the Soldiers of the Company he hath be not Billetted in Athlone at least some part of it It is true my Lord of Faulkland's Troop was not Billetted in Dublin but they were in the Counties round about which was more chargeable And besides here is produced but one single Witness and I hope my own Answer may stand equal and in as much Credit as a single Testimony that on the matter confesses the thing in a great part For the increase of Shipping the Gentleman question'd it not and really there is now 100 Tun for one that was there before my coming And if I had time to send into Ireland for the Certificates of the Officer of the Ports the Surveyor I think who views the Ports once a year it should appear to Your Lordships that I have not abused you nor the Honourable Gentlemen that hear me And whether that be an Argument that the Trade and Wealth of the Kingdom is improved I appeal to all that hear me when the Shipping doth so much increase And the Customs which were not above 13000 l. a year are come to 40000 l. and that on the same Book of Rates Concerning the Sentencing of Jurors and the questioning of them in the Star-Chamber It is true divers of their Sentences were past And to those Sentences I refer my self till something be proved against the Truth and Justice of them And I think it will stand with Your Lordships Goodness to judge the best of the Court of Castle-Chamber wherein the Deputy hath but one Voice They being the King's Ministers and standing upon their Oathes to do their Duties But I think in my Conscience there was the greatest reason in the World to sentence those persons And when it comes to be examined it will prove so And unless a strict hand be in that kind held upon the Natives the Priests shall carry them against all things that can be For either they do not or will not understand their Evidence so that it begets one of the most crying sins in Ireland And if some Examples have been made they are upon strict grounds and reasons of State For if Jurors going directly and manifestly contrary to their Evidence be not punished that high and ancient Trial by Jury will fall And is it not ordinary in England to have Juries Sentenced for not finding according to the Evidence But if any one hath not been Just upon instancing of the particulars I will Answer for his Vote as well as I can For it must stand or fall according to the Merit of the Cause But one thing which I observe the Gentleman to say is very Considerable for he tells what was spent there this last year This I have little to Answer for For when I came out of Ireland there was 100000 l. in the Exchequer and how it hath been issued I know not but it hath not been done by my Warrant or Direction yet I doubt not but it will appear when examined that it hath been faithfully and justly disposed But I am not to Answer for it only I can say That when I came out of that Kingdom the Kingdom was so far from being 60000 l. in Debt as some
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
who lived in those famous times and spent their blood in Obedience to their Soveraigns Command So that by these words candidly and rightly taken no manner of ill could come being spoken not with any sharpness or upbraiding but meerly to let them see That being in that Condition they were infinitely bound to the Kings of England who were pleased to communicate to them the Laws of their own Kingdom And so far were they from being taken ill that no man at that time took offence at them For the words The King might do with them what he pleased let them relate to the Conquest and there is no offence in them for the Conqueror might give them what Laws he pleased and yet nevertheless hath been so gracious and good as to give them the Laws of his own People Give me that understanding of the words and then where is the Crime how can it be brought in Judgment against me in it self or be aggravated to High Treason I acknowledge I did speak to the Recorder of Dublin yet some things I am put in mind of which I am forced to deny with a great asseveration That I do not remember the words nay I am sure I never spake them let all the world and a cloud of Witnesses say the contrary when I know in my own heart I did not speak them though I offer not this to Your Lordships to convince your Judgments And on the other side there is nothing that is true but I will acknowledge it with all Ingenuity in the world on the Testimony of any one single Witness I desire that Mr. Slingsby his Servant might be asked whether he was not present when I spake these words and whether then any offence was taken at me in respect of the high manner of my speaking or whether they were not rather extreamly well satisfied Now if Your Lordships take words in pieces and not altogether any man living may be convinced but taking my words altogether though something might be thought harsh yet something gave abundant satisfaction I am upon a mighty prejudice in being denied to have my Witnesses examined upon Oath in these things that are not Treason But they be persons of good credit and I trust your Lordships will believe them as much as if they spake on Oath since I think none of them would say a word to your Lordships which they would not swear Mr. Slingsby being asked Whether he was present when my Lord of Strafford spake to the Recorder of Dublin what he said and what acceptance it received He Answered He was then present being on the occasion of presenting Sir Robert Dixton the Mayor of Dublin that he cannot remember the particular words nor deliver them to their Lordships as they were spoken by the Lord-Lieutenant But he remembers particularly the scope of the Discourse was to ingratiate His Majesties present Government to them That the words were well accepted by several persons whom he spake with and took that Effect that his Lordship was thereupon invited to the Mayors House where divers of the City Congratulated his coming to them I shall now proceed to the second part of the words That their Charters were nothing worth and they bind the King no farther than he pleases and I conceive I may say so still If their Charters be nothing worth they do not bind the King but he may do with them what he pleases In that I desire your Lordships to call to mind what my Lord of Corke said That Ireland was a Conquer'd Nation and the King might give them what Laws he pleased and that the Charters were Antiquated and no farther good than it pleased His Majesty to make them It is likely I confess I might say so and yet not say amiss for it is most evident and clear their Charters are void in point of Law and therefore it is in the King 's good will and pleasure Whether he will make them good or no. And that they were void the King's Council informed me so that they were questioned at Council-Board upon it for divers unlawful Exactions they took under colour of Charters for divers by-Laws that they had made against Law by those Charters for divers neglects of Duties that they ought to do by those Charters and generally for not performing the trust reposed in them by those Charters with that Integrity and Care they ought to do And for the truth of it that many Complaints were made against the Mayor and Aldermen at that Board for neglecting their Duty I dare Appeal to my Lord of Corke I adding this That the greatest part of the Aldermen were Recusants and would never be brought to obey the Order of the Board but stood on their Charters and would be Masters and by that means great Disorders continued And to prove that upon Examination they appeared to be void in Law I desire Sir George Ratcliffe may be admitted to speak on what Grounds those Charters were called in and are now as I think deposited with the Clerk of the Council Sir George Ratcliffe standing charged with High Treason by the Commons of England before your Lordships and of a Conspiracy with my Lord of Strafford and whether it be fit to hear one charged with High-Treason to clear another so charged we Appeal to your Lordships That Sir George Ratcliffe is charged to be a Conspirator with me indeed and in truth I must confess Sir George Ratcliffe and my self under favour are equally guilty of Treason and I hope we shall both justifie our selves but I know so much of him that I am not ashamed to say That I think that Sir George Ratcliffe is my Friend and I wish him well and so I think will all other men I trust in God when they hear him But I conceive Sir George Ratcliffe might be heard in these Points if he be examined as a Witness against me I desire he may be examined as a Witness for me Sir George Ratcliffe is not examined nor at all sworn in the Cause on our Motion and admitted that if they produced him as a Witness they would not deny my Lord of Strafford to cross examine him The Lord Steward declared the sense of their Lordships That Sir George Ratcliffe could not be examined I shall readily obey but yet observe That if it were only matter of Misdemeanor he might be examined though charged But this is my unhappiness to be debarred of my Witnesses because I am charged with Treason in general though there be nothing in particular that 's near the complexion of Treason We desire to observe that this justifies a part of our Charge for the Charter of the Subjects Liberties are as his Lordship confesseth brought to the Council Table and judged there and not to the proper Courts where they ought to be judged the Council-Table having no Power to declare the Validity or Invalidity of Charters from the King to the Subject
I crave Liberty to explain my self That I said not they were brought to the Council-Table to be judged but that consideration might be had Whether there was ill usage and extortion practised under colour of them or no whether any thing were done that hindred the growth of that Town and the good of the People and the Protestant Religion that it might appear how the business stood in point of State but to give a judgment upon them in Law it was never in my thoughts Robert Lord Dillon being then asked Whether the Charters of Dublin have not been brought before the Council of Ireland there to be considered concerning the Validity of them and whether it did not appear that for divers Occasions Exactions and Tolls and by-Laws and other abuses in the exercise of these Charters they did not appear to the King 's Learned Council and others learned in the Law to be void He Answered That it was a question he did not expect and yet being called he should faithfully and freely tell his knowledge of it to his best remembrance That he doth remember very well that the Charters of Dublin have been brought to the Council-Board and argued strongly against by the Kings Learned Council That there was one particular of 3 d. Custom challenged by the City which endured a very long debate That it was argued against them That they exercised by-Laws contrary to the Common Law of the Land and that divers other things were urged against them but he remembers not the particular determination of the Board upon the question Being asked severally what time those Charters were so brought and how long after my Lord of Strafford's coming into Ireland He Answered That he precisely remembreth not the time but he takes it to be five or six years ago something more or less and he thinks about a year or two after my Lord of Strafford's coming but he remembers not the time not expecting to be Interrogated in it We desire your Lordships to observe That the words were spoken before the Charters were brought to the Council-Board It follows not That because they were questioned at Council-Board afterwards I did not therefore know them to be void when I spoke of them for they were complained of in Parliament as great Grievances in the exercising of them and to that purpose I desire my Lord Dillom may be heard And being asked what he knew concerning the Charters of Dublin being questioned in the Commons House for divers Oppressions unlawful By-Laws and other ill usage of their Liberties He Answered That he was a Member of the first Parliament after my Lords coming into Ireland 1634. After this Visitation of the Mayor some half an year but he knows not the time precisely That divers Members of that House did object divers Misdemeanors in misâ—sing the Priviledges of those Charters That the particulars were several By-Laws which they did execute contrary to the Common Law Another was that by the Priviledge of those Charters they excluded divers of the Tradesmen that came out of England to set up Manufactures there which was conceived a great Grievance to that Kingdom Another was that having the Government of that Town being a Navigable Port they permitted the Soil to be emptied into the River without care or regard That at the time of the Presentment of the Mayor my Lord took occasion to advise and advertise the Mayor of several Defects in that Town and divers of the Commons House of that Parliament are here that were present Hence observe the Reason and Grounds of my Exception to these Charters and the Effects of questioning them which were two First By this means I am perswaded and thereof I beseech the Honourable House of Commons to take notice as that which is reputed my greatest Crime in Ireland there be three Protestants in Dublin at this hour for one that was there when I came over for the Townsmen did keep all the Trade and ingross all the Manufactures into their own hands and being Natives and Romish Catholicks did depress the English that strangers out of England had little advantage of Trade And whatsoever any man may say or think on Information from persons that do not love me who are Members of neither House for so I desire to be understood when I speak of persons unfriendly to me I complain of nothing that is or shall be done me here but will leave it all with thankfulness to God Almighty and with that Duty and Reverence to this House that becomes me It will be known hereafter when I perhaps am in my Grave that my greatest fault in Ireland hath been my extream Zeal to bring them to conform with the Church of England which by that means hath provoked a great deal of Displeasure And secondly I observe That this argues no great malice in my heart nor desire to oppress the King's People when I shall tell your Lordships That to this day those Charters were never legally questioned but are enjoyed So far was I from pressing rigorously any thing against them I desiring nothing but Reformation and to have them what they ought to be and to leave them not less but more happy than I found them And if I should serve there again as I hope I shall serve only God Almighty and my Master with my prayers they should be freed from all exactions and misusings of them tending to the prejudice of the Town the King's Service and the Service of Almighty God And so I hope I have made a clear Answer to so much as was charged to free my self from guilt of Treason reserving to my self the advantage of having my Counsel heard in proper time to the matter of Treason in point of Law according to the liberty your Lordships have afforded me Next I shall proceed to that which is proved and no way charged which I forbore to speak to the day before as holding it an impertinent expence of time to your Lordships and a spending of my own spirits which God knows are weak and infirm indeed If I were permitted to speak this morning to all the things extrajudicially formerly offered I should give a free and clear Answer But suffering by my Ignorance and silence then I now desire leave to Answer those things that came de Novo and that by three Witnesses touching words spoken at another time to both Houses of Parliament I confess it to be true that the second day of the last Parliament but this that is now sitting I had the Honour to sit as His Majesties Deputy and it was the greatest Honour that ever I received and I should be loath to say any thing sitting in that Place that should not fully comply with the Goodness Clemency and Justice of His Majesty or should mis-represent Him in any kind to his People in another sense or to other purpose than his own Great and Princely Vertues do Merit and Deserve And that all
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
will come clearly to your Lordships judgments upon the Petition of the party when she shall sue for her Right And when it comes to be Charged upon me as a Misdemeanor I shall give such an Answer as befits me There is nothing in this Charge that can be interpreted Treason for it is but the exercising of a Jurisdiction in the Deputy which he hath Commission for from His Majesty and the inlarging of a Jurisdiction in a Judg I conceive is not Treason The Proofs formerly offered to prove the use and practise of the Deputies which I need not repeat your Lordships being Persons of great Wisdom and once said always said come to my help and assistance in my Charge the question being upon the same Jurisdiction only and that in one particular Circumstance I conceive my self stronger in this Cause than in that of my Lord Mountnorris This Case being of a Petition preferred to me but referred by me to be heard before the Council-Board and the Witnesses say That though they did not know nor remember that the Deputy himself heard Causes alone yet it was frequent for the Deputy to receive Petitions and refer them to the Board So that I conceive I have exercised or done nothing but according to the Practise and Customs of that Kingdom and consequently cannot be made use of as an Argument that I subvert the Fundamental Laws or bring in Arbitrary or Tyrannical Government when I step in the paths of my Predecessors and the practise of other men in the like Cases And that I say as to this Point of Jurisdiction The next Point I am Charged with is That the most part of the Council-Board Voted against it whereas I say in my Answer the most part Voted for it and on that I most humbly insist still and shall make it clearly appear to be so For Proof on the other Side they have only my Lord Mountnorris his Testimony who saies They had 12 against the Order and nine for it And Mr. Hoy saith That an Honourable Person that night told him 12 were for him and nine against him so it must all be one man and one Testimony To prove the Major part was for the Decree there was the Order signed under the Clerk of the Council a sworn Minister who could not draw it up without the plurality of Voices being against the constant practise of the Board to do otherwise That this was the practise I desire my Lord Primate's Examination may be read to the second third fourth fifth and sixth Interrogatories Those his Examinations which were taken in the presence of the Peers and Commons taken this morning being admitted to be read and the former taken in the absence of the Members of the Commons House being declared to be suppressed The said Examinations were read accordingly 2. To the Second he knows the use was to prefer Petitions to all the Chief Governors that have been within these fifty years last but what hath been thereupon he cannot say This my Lord of Strafford observed is to the Jurisdiction 3. It is the received practise of that Board that the Clerk of the Council being a sworn Minister should draw up the Opinions according to the Major part of the Board 4. That he hath not known the Earl of Strafford to have at any time urged or pressed any Member of the Board contrary to his own Opinion 5. That he hath heard him divers times profess he had but a single Voice and that Matters were to pass according to the major part of the Voices of the Board Whence my Lord of Strafford observed That the Clerk of the Council being a sworn Officer is perjured else the greater part of the Board was against the Lady Hibbots Robert Lord Dillon being asked concerning the use of the Board in the Clerk of the Councils drawing up Orders according to the major part of the Votes and what he had observed in this particular Case He Answered That the Clerk of the Council is a sworn Minister of His Majesty and by duty of his Place is to take notice of the Votes and accordingly to draw up the rough draughts of Orders and to present them to the Board to see whether they be to the sense of the major part of the Votes That he was present at the Council-Board when this Cause was Voted but cannot say upon his knowledge it was drawn up according to the major part of the Voices at the Board for he counted not the Votes but that was an inducement to him to believe so because the Clerk of the Council drew it up so and it is the Order of the Board when the major part Votes those that dissent in regard their Votes are involved do commonly Sign and that he had seen some Sign to the Order which had given Vote against the Decree Being asked severally how his Vote passed in this Order and whether the major part did not Vote it whether my Lord of Strafford did not always submit his Opinion to the major part and whether in a Case that concerned my Lord Renula there were eight at the Board and four went one way and four another that my Lord of Strafford would not over-rule it but called in another and desired the whole business might be referred to him whether before my Lord of Strafford's restraint this Order was questioned on this Point for want of the major part of Voices and whether at the signing of it or any time after he heard any Councellor except against the Order His Lorship Answered That he gave his Vote for the Decree that he reckoned not the Votes but conceives the major part were for it that he remembers not my Lord urging any man to Vote contrary to his Opinion or over-ruled it but was content to let it go That he remembers not the contrary but my Lord submitted to the major part of the Votes That in the business betwixt my Lord Renula Plaintiff and one Ormesby he remembers there were but eight men at the Board whereof my Lord-Deputy made one and four fell on one side and four on the other and my Lord Renula was then present as he takes it though withdrawn at the instant and for ought he knows my Lord Renula can say something to it That when my Lord gave his Vote he said He would not take the priviledge of casting the Cause but left it to an absent Counsellor and which way soever he inclined the Cause should go and afterwards that Councellor did Vote against the Opinion of my Lord-Deputy and the Order was drawn up so That he never heard of any Complaint of the Order nor heard of the business till he came to the Board That he doth not remember any Exception taken at the time of the signing the Order nor at any time after Sir Philip Manwareing being asked concerning the matter of the major part Answered That he was present at the Council-Table and his Vote went for the
pre-emption of Tobacco may be rightly assumed had resolved to lay hold of the present opportunity requiring my Lord of Strafford to advise with such of the Council there as he should think fit or by what Limitations and Conditions the pre-emption may be setled and afterwards to direct a course for licencing the sale thereof to the best improvement Yet so as a care may be had as near as may be to prevent the bringing in of unfound Tobacco leaving to his judgement all necessary provisions to be determined about this business Dat. 18 Iuly 12 Car. My Lord of Strafford observed that this Letter was sent upon the like course taken here in England it being thought fit to be alike in both Kingdoms but the business of England preceeded it and was the occasion of the Letter The next thing observed was the Proclamation in England to probibit the planting of Tobacco in England and Wales and the landing of Tobacco in any part of England or Ireland but only at London other than such and so much Spanish Tobacco and Plantation Tobacco as should be allowed and determined to be competent upon pain of Confiscation A Moyety to the King a Moyety to the Discoverer Which was read being dated 14 Mar. 13 Car. Which my Lord of Strafford observed to be the same with that wherewith himself is charged and that the Letter directing him to take this business into Consideration bears date Iuly 12. Car. and the first Proclamation issued out ult Ian. 13 Car. So that he made no haste The next thing his Lordship offered was the Contract it self Dat. 7 Nov. 13. Car. which being affirmed by Mr. Gibson to be a true Copy was read being Signed by the Deputy and Council and Imports That Carpenter Bartholomew Peatly and others had made an humble Proposition thereby setting forth That no Order hath been taken for the due bringing in of good and sufficient Tobacco or quantities proportionable to the Consumption thereof whereby the price is too much inhaunced or the Market glutted and desiring that they may have the Renting of the Tobacco business for 11 years paying yearly 5000 l. For the first five years 10000 l. for the six last years freed from Custom and only paying 3 d. Impost and the Custom not to be advanced that they and such as they shall contract with may be free to return and enter in London or Ireland That in case of War they may account only for the Profits in lieu of the Rent That upon my Lord of Strafford's leaving the Government they may be free to surrender their Grant and not stand charged That Tobacco may be solely imported and the sale licensed by them That no Tobacco be planted in Ireland during the Term. Whereupon a Warrant was issued for the paying of a Grant to them of the sole Importation and Lycensing the sale of Tobacco for 11 years paying 5000 l. yearly for the first five years 10000 l. for the last six years above the custom of 3 d. per pound with all the Customes received for His Majesty since Michaelmas last and all Impositions to be laid down during that term c. Dat 7 Nov. 1637. And such security to be given for the Rents as to the Court of Exchequer should be thought meet Where my Lord of Strafford observed that he did nothing herein without the assistance of the Principal of the Council there And further That before this was resolved advertisement was sent His Majesty that His direction might be given and the Letter from the Council of Ireland to Secretary Cook being affirmed by Mr. Gibson to be a true Copy was read importing the substance of the said Treaty and the conditions thereof recited Dat. ult May 1638. The next thing offered is the Grant it self Dat. 22. Iune 14 Car. And an Act of Parliament for the confirmation of it according to the Petition and the King's Letter The Clerk of the Crown did now inform their Lordships That there is a Bill concerning Importation of Tobacco transmitted out of Ireland in Iuly last and it was sent back at Michaelmas last with a Commission to the Lieutenant to give Royal Assent but whether it was given or no he cannot tell But my Lord of Strafford said it was only transmitted from the Deputy and Council and sent back under the Great Seal but did not pass the Parliament there and he desired it might be read only as to the Title But that was laid aside And then his Lordship added That as for the Proclamation he with the rest of the Council did set his Hand thereunto and that he conceived then and trusts it will appear now to be upon very good Warrant and justifiable he having the Kings Command in the point and it being only Temporary till an Act of Parliament might make final in it that it might remain in the Crown for after-times and a Proclamation thus issued till an Act of Parliament comes he conceives very Justifiable if it be an Error it is an Error he hath been always misguided by That the King may make a Proclamation till a Parliament comes to make it more lasting And whereas some Transgressors against these Proclamations are Sentenced yet he is charged with none of them and so on the matter is not charged with their Sentence though he conceives the same very justifiable there appearing to be Perjury in some of them and if they be poor and men of no great fortunes he knows not what is more proper or deserved than to see men taken in so foul a Crime on the Pillory as being a fair and moderate punishment and the Fines were in Terrorem there being little or nothing of them paid And this point of Jurisdiction for punishing Transgressors of Act of State and Proclamations he conceives fully proved before in the former Articles And whereas 't is said the Tobacco was not sold at reasonable Rates as formerly he desired their Lordships to observe that the Contract was made 22 Iune 14 Car. and in September was Twelve moneths he was not privy to it And on this the Contractors stand on their Justification and hope to make it appear if they may have time that the Planters have in no part of Christendom so good a value as here and that they sell at as moderate rates as ever was sold heretofore and better conditioned Commoâ—ty His Lordship further observed That the proof which makes the great Cry in point of value is weak enough That there should be near 100000 l. profit a year is a wonderful estimate and admirable to him That during his being there which was one year it shall appear they were loosers by it which he speaks confidently thinking those intrusted with it would not abuse him they having protested the Countrey was so abused that they could get very little by their Office That how it is sincehe knows not for the Contractors one of them is laid up in prison and the Tobacco seized on under
off the Leases in being And Urges That they intended the Lease of Tobacco among the rest which appeares not But admit it their Intention was to take off the Fetters and Ingagements from the Kings Revenue that the King might make the best of it not that others should feed on what was His and he in the mean time want Now their Lordships may observe how my Lord of Strafford executes these Intentions he gets a Lease of it but doth not he retain the Kings Revenue being worth 100000 l. a year to himself for 5000 l. if the Witness speaks truth So it falls on his own head and is a plain deceiving of the King There is a Letter which Answer is made to but if their Lordships recall to Memory what the Letter was it was as just as could be to take a course for Preemption of Tobacco no they afterwards enter into Consultation and Advice what should be done And What do they They lay a Restraint that no Man should Import unless they would Sell unto my Lord of Strafford at his Rate and so it is executed to Tyranny over the People There is another thing my Lord Insists on Is the making of a good Bargain Treason But out of the making of this Bargain if their Lordships well consider it They shall find a double Treason to result First Exercising an Arbitrary Power by laying what Tax he will for he may lay 19 Shillings as well as 6d. Secondly His depriving the King of His Estate under Colour of Advancing His Revenue which is to deprive the King of His Government For if one takes away my meanes of Livelihood and defence against an Enemy it is a killing of me round about though it were a more immediate killing of me to run me through If he take away the Kings Livelihood and Just Revenue whereby He is enabled to Govern and Protect His People Is it not to take away the Government out of His Hand And one word Mr. Glyn desired to add from something that fell from my Lord of Strafford by way of Prevention concerning the Parliament of Ireland We live under one King and one Government and no doubt ought to be sensible of one anothers Honour the Parliament of England and the Parliament of Ireland Here is an Article against my Lord of Strafford for endeavouring to put Him out of Opinion of Parliaments In this Assembly where the Commons and Peers are Assembled he hath endeavoured to blast a Parliament In the next Kingdom he talkes of a Tyrannical Government an Arbitrary Power these were his Words in effect Is not this as much as in his Power to cast a Blast and Ill Affection in any Man that hears him on the Parliament of Ireland And he that will do it in the presence of a Parliament in England What will he do of a Parliament of this Kingdom in the absence of a Parliament and when there is no Parliament Sitting And so Concluded the Twelfth Article and the House was ADJOURNED THE Thirteenth Article The Charge 13. THat Flax being one of the principal and Native Commodities of that Kingdom of Ireland the said Earl having gotten Great Quantities thereof into his Hands and growing on his own Lands did Issue out several Proclamations viz. The one Dated the One and Thirtieth of May in the Twelfth of His Majesties Reign and the other Dated the One and Thirtieth day of January in the same Year Thereby prescribing and enjoyning the Working of Flax into Yarn and Thread and the ordering of the same in such wayes wherein the Natives of that Kingdom were unpractised and unskilful Which Proclamations so Issued were by his Commands and Warrants to His Majesties Justices of Peace and other Officers and by other Rigorous Meanes put in Execution and the Flax Wrought or ordered in other manner then as the said Proclamation prescribed was Seized and employed to the Use of him and his Agents and thereby the said Earl endeavoured to gain and did gain in effect the Sole Sale of that Native Commodity April 1. 1641. THe Thirteenth Article was this Day Read and Opened by Mr. Maynard concerning Flax one of the Native Commodities of the Kingdom which my Lord of Strafford by several Proclamations enjoyned the Natives to work into Yarn in a way wherein they were Unskilful and Prohibited the Buying of any Yarn of this Flax otherwise made and upon this occasion much was Seized So that by the Complaints of the Commons it appears that Thousands were Undone their Goods being taken away and Converted to my Lords Use. For Proofe The Second Proclamation of Deputy and Counsel was Read wherein the first is Recited Importing in effect That by reason of the multiplicity of ends in Yarne there is much confusion That for remedy a Proclamation Issued the last of May last which hath taken good effect and in regard some ill-disposed persons have nevertheless contracted for Yarn at cheap and low rates though not made according to the first Proclamation That therefore the said first Proclamation be strictly observed and that none presume to buy any Linnen-Yarn but shall be Reeled on one end and no more c. That if any person shall after the first of April next offend contrary to this Proclamation he shall be proceeded against at the Council Board or Castle Chamber Some are appointed to enquire of Contempts to whom Recompence is promised Given c. 31 Ian. 12 Car. 1638. The Natives not being able to apply themselves to his Commands a Warrant went to Seize the Goods made or brought contrary to this Proclamation so that People forbore the Markets durst not sell none openly and so could not pay their Rents The Warrant was produced under my Lord of Straffords Hand and Seale which his Lordship affirmed being in effect By the Lord Deputy Wentworth TO all Iustices of the Peace c. Whereas Benjamin Croky is Authorized to inform himself and advertise the State of Abuses and Contempts committed and done against a Proclamation made for Reformation of the Abuse of Spinsters of Linnen Yarn and to stay all Yarn made contrary c. till Our pleasure be further known And whereas he now informs us he cannot discharge that Trust in regard diverse persons do privily in their own Houses and not in open Markets make Sale of their Yarn and though he hath desired Assistance of Publick Magistrates yet they have failed to afford him the same in that measure that is fitting In consideration whereof our pleasure is and we do hereby require and authorize you to be aiding and assisting to Benjamin Croky and his Deputy To seize on and take all Yarn which shall be found to be made contrary to the said Proclamation and to cause diligent search to be made in all Houses c. where you shall be informed any such Remaines lie hidden and the same to seize and bring to Dublin to be disposed of as We shall direct the Party delivering it taking Crokies hand
they had reproofs from my Lords servants And if the point were only to produce witness that the Flax or Yarn came to my Lords own hands it might be despaired of but when the profit comes to his hands by his Agents and those set on work by him it is no excuse to say it was done by others Mr. Maynard said further he wondred my Lord should say there was no proof when there were two express witnesses my Lord said he heard but of a Cart-load Mr. Maynard answered he heard not the word but he heard of about a Cart-load and could that starve 1000 men yet if a Cart-load be not sufficient to starve 1000 men if there be more than 1000 starved then more than a Cart-load was seized At that time there came in but a Cart-load but there came in by good quantities when it came in by Cart-loads He says the Remonstrance is but a charge but it comes in on good proof and it is concerning a whole Province and as it is likely they were there that knew of the miseries that befell the Provinces Mr. Maynard further observed that heretofore in the matter of Tobacco he told your Lordships he had a command it was expected he would have produced something to the purpose now but God be thanked he hath not he says Tobacco is a superfluous thing but these things that are for clothing are not superfluous and being he hath gone into this excess Mr. Maynard concluded with this that he must leave him to their Lordships Judgements for he had made an excuse tho that he said did not reach an excuse And whereas my Lord said the Cart-load of Yarn was taken in Conaught not in Ulster Mr. Glin added that one thing was observable from my Lord of Strafford's own evidence which seemed to convince him of what he denied He pretends this was for advancement of Trade not for his own use and that there was but 1700 l. worth made in a year but himself casting his Accompts says he lost 3000 l. so he owns it by the loss but not by the benefit which convinces the principal point himself denies Here my Lord of Strafford desired leave to explain himself that when he said he lost 3000 l. and 1700 l. a year made of it he said he made Cloth there 6 or 7 years as hetook it and the Cloth it self not the Yarn was worth 1700 l. for the Yarn was not worth 400 l. and in that time he might very well loose 3000 l. And so the Thirteenth Article was concluded and the Fourteenth Article being for the present laid aside the Committee proceeded to the Fifteenth Article THE Fifteenth Article The Charge 15. THat the said Earl of Strafford traiterously and wickedly devised and contrived by force of Arms and in a warlike manner to subdue the Subjects of the said Realm of Ireland and to bring them under his tyrannical Power and Will and in pursuance of these wicked and traiterous purposes aforesaid The said Earl of Strafford in the eighth year of His Majesties Reign did by his own authority without any Warrant or colour of Law Car and Impose great sums of Money upon the Towns of Baltemore Bandenbridge Talo'we and divers other Towns and places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Soldiers with Force and Arms in a warlike manner And on the Ninth day of March in the Twelfth year of His now Majesties Reign traiterously did give authority unto Robert Savill a Serjeant at Arms and to the Captains of the Companies of Soldiers in several parts of that Realm to send such numbers of Soldiers to lye on the Lands and Houses of such as would not conform to his Orders until they should render Obedience to his said Orders and Warrants and after such submission and not before the said Soldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in Warlike manner with Force and Arms put in execution accordingly and by such Warlike means did force divers of His Majesties Subjects of that Realm to submit themselves to his unlawful commands And in the said Twelfth year of His Majesties Reign the said Earl of Strafford did traiterously cause certain Troops of Horse and Foot Armed in Warlike manner and in Warlike array with Force and Arms to expell Richard Butler from the possession of the Mannor of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in like Warlike manner expell divers of His Majesties Subjects from their Houses Families and Possessions as namely Edward O Brenman Owen Oberman John Brenman Patrick Oberman Sir Cyprian Horsefield and divers others to the number of about an hundred Families and took and imprisoned them and their Wives and carried them prisoners to Dublin and there detained until they did yield up surrender or release their respective Estates or Rights And the said Earl in like manner hath during his Government of the said Kingdom of Ireland subdued divers others of His Majesties Subjects there to his Will and thereby and by the means aforesaid hath levied War within the said Realm against His Majesty and His Liege People of that Kingdom Mr. Palmer proceeded to open the 15th Article which concurred with the precedent in point of Evidence to make good the Charge of the Commons against the Lord of Strafford in point of High-Treason The main Accusation being his labouring to subvert the established Laws and Government and instead of them to introduce an Arbitrary and Tyrannical Power THAT this laid in the 15 th Article doth more than prove this Charge charging him with Acts of Force and Hostility which are not only an Evidence to prove his design but are actual subversions of Law and introducing of an arbitrary Power as their Lordships will perceive when they shall hear how he executed his Commands by Soldiers And as this contributes with the rest in proof of the main Charge so he humbly offered that this Article singly and individually of it self contained a Charge of High Treason and that the nature of the offence would appear in the proofs of the Article The Article is first general That he did traiterously devise to subdue the Subjects of the Realm of Ireland by force of Arms in a Warlike manner under his tyrannical Power and Will In pursuance of these things that are charged in the Article the first they said they would pass over at that time and my Lord of Strafford also had notice that they intended to wave it for the present The Second is that 9 March 12. of the King he gave a Warrant to one Savill a Sergeant at Arms and to Captains and Soldiers of that Kingdom to Quarter on the Houses and Lands of such as would not conform to render Obedience to his Orders such number of Soldiers as the Sergeant at Arms
nor Horse to lye on Horseback or Foot to lye on the Kings people but on their own cost without consent And if any so do he shall be adjudged as a Traitor Mr. Palmer concluded that this hath been done and how their Lordships have heard that this hath been done by Soldiers that profess hostility brought from Garrisons the places of War in great numbers and indeed the number left indefinitely to the discretion of the Sergeant at Arms in Warlike furniture which is literally true in the case And so he concluded the Article expecting my Lord of Strafford's Defence My Lord of Strafford desired their Lordships would be pleased to give him liberty to look over his Notes and he doubted not but to give their Lordships a very clear satisfaction by the help of Almighty God After a little respite his Lordship began his Defence in substance as followeth And First He desired their Lordships would please to remember that if he proved not all things so clearly and fully the reason was obvious and plain the shortness of his time the Witnesses being to be fetched out of Ireland and he having none but such as come accidentally That the other day he read to their Lordships out of Sir Edward Cook 's Book that the Customs of Ireland are in many things different from the Customs of England That for the things done in Ireland he conceived he was to be judged by the Laws and Customs of Ireland and not by the Laws and Customs of this Kingdom and that his Commission was to execue the place of Deputy according to the Laws and Customs of that Kingdom That what hath been opened to their Lordships to be so extraordinary he must justifie as very ordinary frequent and usually exercised by the Customs of that Kingdom That in all times the Army of Ireland and the Officers and Soldiers of it have been the chief hands in executing all the Justice of the Kingdom and of bringing that due obedience to the Kings authority that 's necessary and fit and due That if they had not been so used he thinks those who know the State of Ireland will acknowledge the King's Writs had never run in Ireland they being all executed by their Power and Assistance First his Lordship undertook to make it appear that in case of bringing in Rebels and Offendors of that nature and forcing them to come in it had been the ordinary practice of the Deputy and Council before his time to Assess Soldiers not only on the party but the kindred of the partys till the party be brought in and yet it is no levying of War for all that And because his Lordship heard much speaking of Rebels and Traitors he desired to represent to their Lordships what they be viz. a company of petit loose fellows that would be here apprehended by a Constable Lord Robert Dillon was called for and my Lord of Strafford desired he might be asked whether it had not been the practice of the Deputy and Council to Assess Soldiers not only on the persons but the Septs and whole kindred of Rebels Here Mr. Palmer interposed that for saving of time if my Lord makes this the Case that Soldiers have been laid upon the Septs of Traitors or Rebels that lye out in Woods and esloigne themselves from the Kings protection whom they call Kernes Outlaws and Rebels they the Committee will admit the usage though it will not justifie the Case being expresly against Law for by a Stat. 22 Eliz. If any lye out as Traitors or Rebels five of the Sept that bears the Surname shall be Fined at the Council-Chamber but not have Soldiers laid on them and against a Statute there can be no Usuage To which my Lord of Strafford answered And these are but ordinary fellows And he desired their Lordships would clearly understand what is meant by Rebels for every petty fellow stealing Sheep and the like if the party be out in action they commonly term such Rebels Robert Lord Dillon being asked whether ordinary fellows in Ireland passed not under the name of Rebels His Lordship Answered That touching this point he hath observed that when a party hath committed some Felony or unjustifiable Act and withdraws himself into the Woods a Proclamation is made for his coming in by such a time to render himselfamenable to the Law and if he then comes not in but keeps out in commmon reputation he is accounted a Traitor or Rebel Sir Arthur Tyrringham being asked whether of his knowledge the Deputies and Council have not frequently Sessed Soldiers on Offenders and Rebels when they could not be brought forth to Justice and what is understood by a Rebel in Ireland He Answered That it hath been the ordinary practice ever since he knew that Kingdom since my Lord of Faulklands being Deputy there and hath been ever practised there both by him and the Justices that came after him That ordinary fellows be commonly reputed Rebels with this observation It is true That every man is not a Rebel at his first going out though he be called so but the course is first to proclaim them and if they be not ameneable to Law they be Rebels and so they may be for Felonies of a very small value To prove that most of the Kings Rents as well Exchequer Rents as Composition Rents have been levied by Soldiers in all the times of my Lord of Cork My Lord of Strafford desired Iohn Conley might be called for who being examined how long since he hath been in Ireland and whether in his time the Rents were not col lected by the Soldiers and Officers of the Army He Answered to the First 15 years To the Second That he remembers it very well that in my Lord Faulklands time it was an ordinary course where the Kings Rents were due to send some Horse and Horsemen and takeup these Rents and lye on them till they were collected and taken up So in my Lord Grandisons time and in all Chichesters time and this is all he cansay Henry Dillon was called And First my Lord of Strafford desired liberty to defend the credit of his Witness as to some exceptions taken to him the other day and offered the occasion of the Order of Council-Board made against him to be only this That he said he heard some such thing said and thereupon was commanded to make an acknowledgement and to this he was invited and perswaded by my Lord Dillon for quietness sake rather than he should be troubled about so small a matter and that being granted he supposed the Gentleman stood upright and was a competent Witness in this or any other cause To which some of the Committee for the Commons answered That they except not against the hearing of him but offer to their Lordships memory his acknowledgement that he spake falsly as a weakening of his memory And then Henry Dillon being asked Whether he knew
the secret reservations men ought to speak things withal for we ought to think just things and that men will do nothing but fairly and these are conditions implyed when we speak of the Sacred Majesty of Kings let that be implyed it could not be High Treason to tell the King That having tryed the affections of his people he was loose and absolved from all rules of Government that is all ordinary rules and was to do every thing that Power would admit that is that Power would lawfully admit and that His Majesty had tryed all just and Honourable ways and was refused and should be acquitted both of God and men The last words That the King had an Army in Ireland which he might imploy to reduce this Kingdom he denies and if the other words be fairly interpreted with the reservations granted a man in that case being spoken of so great a person as the King nothing in them can turn so much to the prejudice of the Speaker But he desires leave to offer the Antecedents and Consequents of all that he said in Council whereupon this is gathered and then they find the Case otherwise stated than as it is strained in the Charges God forbid any man should be judged for words taken by pieces here a word and there a word where the Antecedent and Consequents are left out for then Treason may be fetcht out of every word a man speaks as for example If one asks him whether he will go to such a place he tells him by way of Answer He will kill the King as soon the other swears he said he would kill the King it is very true indeed but if the other words be added it will then imply That he will be sure not to kill the King and therefore he will be sure not to goe to the place And if the words be taken together he puts the Case thus In case of absolute necessity and upon a foreign Invasion of an enemy when the enemy is either actually entred or ready to enter and when all other ordinary means fail in this case there is a Trust left by Almighty God in the King to employ the best and uttermost of his means for the preserving of himself and his people which under favour he cannot take away from himself And as this did precede these words so there were divers restrictions added to them for he says this must be done only and upon no other pretence whatsoever but for the preservation of the Common-wealth that it must be done Candidè Castè That if it were done on any other pretence whatsoever than clearly and fairly for preserving the Common-wealth that would prove it to be oppressive and injurious which otherwise rightly employed would become a Pious and Christian King and that when the present danger of the Common-wealth was by the Wisdom and Courage and Power of the King prevented and the publique Weal secured In a time proper and fit the King was obliged to vindicate the Property and Liberty of the Subject from any ill prejudice that might fall from such a Precedent and until the Prerogative of the Crown and Liberty of the Subject are so bounded that they may be rightly understood by King and People which cannot be without a Parliament His Majesty and they can never look to be happy Now if he shall make this appear to be true as he hopes he shall then he conceives he states their Lordships a quite different question from that brought against him in the Charge and brings an opinion so concluded and shut up with restrictions and with necessity and with unavoidable danger that were otherwise to fall on the Common-wealth as he trusts cannot bring any manner of ill consequence whatsoever publiquely or privately to any Creature For this purpose he desired the favour to examine some of the Noble Lords present and that First the examinations of my Lord of Northumberland might be read and they were read accordingly To the Third Interrogatory he saith That the Earl of Strafford declared his opinion That His Majesty might use his power when the Kingdom was in danger or unavoidable necessity or words to that effect To the Fourth That the said Earl did often say That that power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only imployed to that use To the Sixth That the said Earl of Strafford said That this Kingdom could not be happy but by good agreement in Parliament between the King and His People My Lord of Strafford observed That this was at the very same time and let all the world judge whether he had any intention to subvert the fundamental Laws of the Land or no Next he desired my Lord Marquis of Hamilton might be examined to the Interrogatory my Lord of Northumberland was examined to Marquis Hamilton examined to the said Interrogatory viz. Whether the said Earl of Strafford delivering his opinion how far the King might use a Power after the breach of the late Parliament did not put the Case when there was an unavoidable necessity upon actual Invasion or an Enemies Army ready to enter the Land His Lordship Answered That he hears the Question and remembers the same Question was asked him formerly on his oath when he was Deponed and he then said as now he could not call to mind what my Lord said in that point Whether my Lord of Strafford did not say That that Power was to be used Candidè Castè and if it were used for any other purpose it would be unjust and oppressive His Lordship Answered That he hath heard him use those words often to His Majesty and on them or immediately after he declared his opinion That it would never be happy in this Kingdom till there be a right understanding between the King and his People and that could not be but by a Parliament Whether he did not say at that time That the present danger provided for and all which setled the King was bound to preserve the Liberty and Propriety of the Subject from the prejudice of such a precedent His Lordship Answered He remembers something of that but cannot positively say because he cannot tell what the precedent was Being asked on Mr. Whitlock's motion what time he heard these words from my Lord of Strafford in the said Second Question He Answered professing that his memory is not good and if it fails not him in this he may boldly affirm he heard my Lord of Strafford speak the words both before and since the Dissolution of the last Parliament Being asked on my Lord of Straffords motion Whether His Majesty was pleased to declare to the Lords of the Council That he had perfect and full intelligence that the Scotch Army intended to march into England He Answered he remembers very well His Majesty had frequent Advertisements of the Scots intentions to come into England he knows
with relation to action For these be Counsels and if a Man shall Counsel the death of the King Will any Man doubt whether this be Treason surely no man will doubt it that knowes the Laws of England The Treason is not in his words but in his wicked Counsels For under favor if it be true that he spake them they may be called wicked and that it is true they have offered proof and so he left it to their Lordships Mr. Glyn desired to add a word it concerning the Kingdom and Peers Their Lordships observe how my Lord of Strafford stands questioned for subverting of the Laws and for designing to introduce an Arbitrary Government the other day his design appeared in the exercising of a Tyrannical Power over the Persons Estates and Liberties of the Kings Subjects and though a design was in practice and something put in execution yet there was something left whereby that Treason might be raised to a higher strain For that proofs were produced the other day the exercise of this Tyrannical power in his person which was the stopping of the Streams of Justice but the Fountain of Justice was still uncorrupted and hope left and God be thanked we have hope still But this dayes work is to prove That he ascended the Throne and by his ill Counsels the Venome he had hatcht in his own heart he endeavored to infuse into the Kings Person to make Him of the same opinion with himself and that is to endeavor to corrupt the Fountain But God be thanked he hath met with a Gracious King upon whom he cannot prevaile The words laid to his Charge are very many That he should tell the King he was Absolved from all Rules of Government and that he had an Army in Ireland which he might employ to reduce this Kingdom The latter part of the words he hath endeavoured to answer and the former part proved by positive Witnesses which he hath not given answer to For the latter that concerns the Irish Army Mr. Glynn said He shall not need to put their Lordships in mind of any thing said but whereas my Lord sayes They are proved by one Witness only if your Lordships revise their Notes they shall find them prov'd by many Witnesses When he was not accused by the Commons he tells Sir William Pennyman at York he did intend to bring the Army into England but there was Vox populi and that 's a horrid Witness My Lord Cottington one of the Honourable persons present when the words were spoken testifies to their Lordships That he remembers my Lord of Strafford told the King That after things were setled he was bound to repair the property of the Subject and this under favour proves something for if some Counsel and advice were not given that there should be an invasion on the property what should engage him to tell the King he should restore it Here my Lord Cottington explained himself saying That his meaning was he hath often heard my Lord say The King and People would never be happy till there was a good agreement Mr. Glynn proeceded that if their Lordships please to look on my Lord of Straffords Interrogatory they shall find it asked his Lordship Whether he did not tell the King that he should make restitution of the Subjects propertie when the danger was over and why should his Conscience aske such a question unless there were Counsel given to invade the propriety of the Subject Your Lordships remember the words of Sir George Wentworth which Mr. Glynn said he will not repeat and when my Lord was fixed by the words of his Brother he said That tho he be my Brother I do not use to communicate my Counsels to him and that I am on my oath to conceal yet this great Counsel he did impart to Mr. Slingsby for his own purpose and to Sir William Pennyman And so having spoken to the latter part of the words the reducing of the Subjects of England by the Irish Army to shew that it stands not only on a single proof but if the whole be recollected together there be many things concurring to the positive proof thereof Mr. Glynn put their Lordships in mind of the other words to which two great Witnesses concurr and no Answer at all is given viz. That the Parliament denyed Supply and the King is loose and absolved from all rules of Government put the other words out of doors as they are not if the King be loose from all rules of Government is he not loose to doe what he will And Mr. Glynn added That he must needs give Answer to something that fell from my Lord concerning other words that they were words of Discourse and what he speaks at his Bed or his Table or in private Discourse he thinks they should not be brought against him But Mr. Glynn besought their Lordships to remember that if my Lord speaks the words as a Privy Counsellor speaking to the King concerning the Subjects property compare these words with the other Extermination and then see what the Case is The last thing in his Defence is as high as the Charge it self He is charged That being a Privy Counsellor and entrusted by the King and a man of such Eminence he should indeavour to infuse into the Kings Sacred Person such dangerous Counsels tending to the destruction of the Law and Government and consequently of King and Subject And in the close my Lord of Strafford put their Lordships in mind what a dangerous thing it is for one of the Kings Counsel to be charged for Words spoken at Council-Table to speak this in such a Presence before the Peers and Commons of the Realm that a Privy Counsellor who ought to be clear and candid is not to be questioned though he infuse dangerous Counsels That it is justification of his own Act and so great that he knows not how my Lord could say greater and so he said he hath no more to say their Lordships had heard the Proofs and Defence and comparing them together he doubts not but their Lordships are satisfied that the Commons had just cause to do what they have done My L of Strafford desired to answer one thing the Gentleman that spake last said touching his revealing the Kings Counsels to Mr. Slingsby and others he would be loth to be charged with breaking his Duty to God and the King but where he hath Power and Liberty for as concerning the imployment of that Army the King left it wholly to him to acquaint whom he thought fit for the bettering of the service But the thing that makes him rise is to represent to their Lordships that he hath been there constantly in a great deal of weakness and infirmity since 7 or 8 of the clock and now it is 5. That his Speech and Voice are spent and it is not possible for him to come here to morrow and therefore he most humbly besought their Lordships to
be heard to be a just and fair Decree I do not any way question that though I remember little of the business But at the worst this is but an over-exercising of a Jurisdiction and that it should be High-Treason in a Judge to exceed his Jurisdiction I must confess I never heard it I told your Lordships the other day Bono Iudici est Amplior Iurisdictio But that it should be High-Treason to enlarge Jurisdiction is a perilous Point and if it be so it befits your Lordships and all Judges to be well certained what you may do least by going too far you fall into great Inconveniences But my Lords I say under favour that all these if they had been done without any manner of Authority had not been a Subversion but rather a diversion of the Law it could not be properly said to be the subverting of the Fundamental Lawes though it might be a diverting and so long as I keep the Rule of the Law and do the same things that another man does in a more legal way I mean in a more warrantable place I say my doing of the same thing in an improper place is not a Subversion but a diversion of the Law If you will bring in the Thames about Lambeth to come in again below the Bridge the River is the same though the Course be diverted to another place So the Fundamental Law is the same though the Course be diverted to another place I say the Fundamental Law is the same onely it is carry'd in another Pipe And Shall this be said to be a Subverting Under favour as the River is the same so the Law is the same it is not a subversion but a diversion Nor doth it skill where Justice be done I mean so far as it concerns the Subjects Interest for so long as he hath Justice speedily and with least Charge his end is complyed with and it concernes not himself whether he hath it in the Kings Bench or Common-Pleas so he hath it speedily and with the least Charge And therefore as long as the Lawes are the same though Executed by several Persons and in several places I cannot conceive it to be a subversion And I shall humbly beseech your Lordships to take care that while these straynes are put upon me to make this Personal Charge against me ye do not through my Sides Wound the Crown of England by taking that Power from the Deputy which must of necessity be lodged in him if you will have that Kingdom depend upon the Crown of England which I hold in all Wisdom and Judgment ought to be cared for Therefore I beseech you prejudice not the Deputy to the Disabling him from serving the Crown hereafter by Beating down me who am this day to Answer before you For if you take away the Power of the Deputy you shall not have that Kingdom long depend upon this Crown for it rests under God and His Majesty and must principally rest upon the care of him that is intrusted with that Charge And therefore give me leave on the behalfe of the Crown of England to beseech you to be wary of lessening the Deputies Power too much for if you do I fear you will find it a great Disservice to the Crown My Lords the next thing I am Charged with is the 9th Article That is a Warrant of Assistance to the Bishop of Down and Connor and for that your Lordships see there was but one of them and have heard it proved that before my time such Warrants were frequent indeed no man was denyed them But my Lords it must likewise be remembred that of my own accord I did recall it before I was ever questioned for it and it is very hard if he that mends his Faults should be afterward punished for it for it is a Degree of Repentance and it is hard that a man should be finally Condemned after Repentance and therefore my Lords I trust seeing there was but one of them seeing I did my self recall it so willingly as soon as I found the Inconvenience I hope that will be easier remitted to me The next is the 10th Article that concernes the Customes and that is rather to be looked on as a Fraud then as a Treason as I conceive it there is no Treason in the business sure But I have proved the Bargain was honestly made That there was more offered for it by me then any other That I had it upon no other Termes then it was formerly let to others That I was constrain'd to it whether I would or no And then my Lords if the Bargain by the Increase of that Kingdom proove a good and profitable Bargain it is a very hard Case that if it be increased through the Kings Wisdom and Goodness and the Kingdoms Growth Trade and Traffick that this should be turned upon me as an Argument to make me Guilty of Treason I never found a good Bargain should be so charged so long as it was honest and fair But whereas they press That I have gained Three Hundred Thousand Pounds Estate by it it is a very strange mistake For the King has out of it His Rent of 15 or 16 Thousand Pounds a year and Five entire parts of Eight clear to Himself and therefore it was a strange Calculation and much mistaken by them that gave the Information of it to the Gentlemen For the Book of Rates it was none of mine but was agreed on before my time I had nothing to do with it and therefore have nothing to Answer for it And when it shall come to be proved it will appear that the Rates were set fairly and justly and equal betwixt King and People according to the Law whatsoever hath been said to the contrary The next is the 11th Article concerning Pipe-Staves and that is by them waved and well they may for the plain truth is if it had been proceeded in it would have appeared that there is come Fifteen hundred pounds gain to the King and Four hundred pounds loss to my self and preserving of Woods and that is all that would be made from that Article The next is the business of the Tobacco which is not applyable to Treason in any kind but because I would be clear in every Mans Judgment that hears me I beseech your Lordships to call to mind it was the Petition of the Commons-House of Ireland that the Grant of Impost on the Tobacco should be taken in and converted to the Kings use so that whatsoever was done was persuing their intention and desire That there was no way but this to make benefit and profit of it is most manifestly shewed that there was a Proclamation in England of the like nature and a Command of the King to proceed in it accordingly and an Act of Parliament Transmitted here for Passing it to the Crown according to the intention of the Commons-House and for the greatness of the Bargain no Proofe hath been offered to your Lordships
that have been by Precedent Deputies taken away I am likewise Charged to have drawn to my self a Dependence of the Irish Army Eight Thousand all Papists and likewise to have miscarried my self in a Commission intrusted with me before my going into Ireland concerning Compositions for Recusants This is a very heavy and grievous Charge and hath raised a great deal of Ill Opinion against me in the World to be a Fafourer and Contriver with Papists and I know not whom against the Religion I profess a Greater and Fouler Crime there cannot be against God or Man and yet this goes in Print all over the World and when it comes to the Point here is no Proof nor any part of the Charge made good And therefore since it is not made good by the Charge I humbly desire I may be vindicated in your Lordships Noble Opinions and the Opinions of all that hear me that I am in my Religion what I ought to be and that which I will Dye in and Maintain against all the World And I am so far from Contriving any thing to the hinderance of it that if God give me life I will serve it and prevent any inconvenience to it and my Religion and Duty to God is so Dear and precious to me that there is nothing in this World but I shall lay it down as Straw and Stubble under my feet and trample upon it rather then in any kind forfeit that but in the mean time I suffer and must be content My Lords The next is the 19th Article and that was for framing a New and Unusual Oath which the Scots did take in Ireland to give Pledges of their Allegiance to the King I have shewed you for that that the Oath was framed by the Kings express Command in Ianuary before the Oath was given which was I think in May. And I did then humbly conceive it lawful for me so to do being onely to take from them a Pledge of their Allegiance to the King I confess I conceived such an Oath might have been lawfully Administred to the People and shewed that the same Oath was Administred here in England to those of that Nation I shewed that it was taken in Ireland voluntarily And I humbly represent to your Lordships the time when this Oath was required when the King and both the Armies were in the Field lodged not far from one another And whereas it is said it should oblige the Clergy in Ecclesiastical Matters if your Lordships call to mind the very Oath it self cleares that Point requiring onely a Temporal Obedience and Allegiance in a time of that Danger and Distraction given by the Kings own Command and to no other purpose And my Lords the Proofes are nothing at all on the matter Sir Iames Mountgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir Iohn Clotworthy there is nothing at all in it concerning Treason Stewarts Sentence remains onely to be Answered in this Article for that I conceive it was Justly and Fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against His Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traitors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proofe it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by my Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are onely testify'd by one single Witness Salmon the School-Master Swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness Iohn Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and Root them out Root and Branch and I cannot tell what But Iohn Loftus said indeed that I said I hope that such of the Scotish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I neither spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no Proofe in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the Kings Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the Kings Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will Justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships beliefe that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deale a new and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under Gods goodness and the Protection and Benefit of His Majesties Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it
never so many years could not Merit nor Deserve from Him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane sayes I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Counsellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21 th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but onely for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22 th Article is Answered already and the 23 th likewise In the 24 th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitiously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majesties Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should be an endeavourer to Subvert the Fundamental Laws of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time that Parliaments are the Onely Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Lawes of the Land I beseech your Lordships to call to mind how frequently and servently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Lawes of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofes for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the Kings Bench and the Common-Pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the Kings Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the Kings Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeate at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but the taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is very strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of
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
England If but any one of these Six Considerations hold the Commons conceive that upon the whole matter they had good cause to pass the Bill My Lords For the first of Levying War I shall make bold to read the case to your Lordships before I speak to it It 's thus The Earl did by Warrant under his Hand and Seal give Authority to Robert Savil a Sergeant at Arms and his Deputies to Sesse such numbers of Soldiers Horse and Foot of the Army in Ireland together with an Officer as the Sergeant should think fit upon His Majesties Subjects of Ireland against their Will this Warrant was granted by the Earl to the end to compell the Subjects of Ireland to submit to the unlawful Summons and Orders made by the Earl upon Paper Petitions exhibited to him in case of private interest between party and party this Warrant was executed by Savil and his Deputies by sessing of Soldiers both Horse and Foot upon divers of the Subjects of Ireland against their Wills in warlike manner and at divers times the Soldiers continued upon the parties upon whom they were sessed and wasted their Goods until such time as they had submitted themselves unto those Summons and Orders My Lords This is a Levying War within the Statute of 25th Edw. 3. The words of the Statute are If any man do Levy War against our Lord the King in His Realm this is declared Treason I shall endeavour in this to make clear to your Lordships 1. What shall be a Levying of War in respect of the motive or cause of it 2. What shall be said a Levying of War in respect of the action or thing done 3. And in the third place I shall apply them to the present case It will be granted in this levying of War that Forces may be raised and likewise used in Warlike manner and yet no levying of War within the Statute that is when the Forces are raised and employed upon private ends either of revenge or interest Before this Statute in Edw. the 1. time the Title of a Castle was in difference between the Earls of Hereford and Gloucester for the maintaining of the possession on the one side and gaining of it on the other Forces were raised on either side of many hundred men they marched with Banners displayed one against another In the Parliament in the 20th year of Edward 1. this was adjudged only Trespass and either of the Earls Fined 1000 Marks apiece After the Statute in Hillary Term in the 15th year of Edw. the 3. in the Kings-Bench Rot. 3. Nicholas Huntercome in Warlike manner with 40 men armed amongst other weapons with Guns so antient as appears by that Record they were did much spoil in the Mannor of the Abby of Dorchester in the County of Oxford this was accounted no Treason and so it hath been held by the Judges That if one or more Town-ship upon pretence of saving their Commons do in a forcible and warlike manner throw in inclosures this is only a Riot no Treason The words of the Statute 25 Edw. 3. clear this point that if any man ride Armed openly or secretly with men at Arms against any other to kill and rob or to detain him until he hath made Fine and Ransome for his deliverance this is declared not to be Treason but Felony or Trespass as the Case shall require all the printed Statutes which have it covertly or secret are misprinted for the words in the Parliament Roll as appears in the 17th are Discovertment on Secretement Open or Secretly So that my Lords in this of Levying War the Act is not so much to be considered but as in all other Treasons and Felonies quo animo with what intent and purpose My Lords If the end be considerable in Levying War it may be said that it cannot be a War unless against the King for the words of the Statute are If any man Levy War against the King That these words extend further than to the person of the King appears by the words of the Statute which in the beginning declares it to be Treason to compass and imagine the death of the King and after other Treasons this is to be declared to be Treason to Levy War against the King If Levying of War extend no further than to the Person of the King these words of the Statute are to no purpose for then the first Treason of compassing the Kings death had fully included it before because that he which Levies War against the Person of the King doth necessarily compass his death It 's a War against the King when intended for alteration of the Laws or Government in any part of them or to destroy any of the Great Officers of the Kingdom This is a Levying War against the King 1. Because the King doth protect and maintain the Laws in every part of them and the great Officers to whose care he hath in his own stead delegated the execution of them 2. Because they are the Kings Laws he is the Fountain from whence in their several Channels they are derived to the Subject all our Indictments run thus Trespasses laid to be done Contra pacem Domini Regis the Kings Peace for exorbitant offences though not intended against the King's Person against the King his Crown and Dignity My Lords this construction is made good by divers Authorities of great weight ever since the Statute of 25th of Edw. 3. downwards In R. the 2. time Sir Tho. Talbot conspired the death of the Dukes of Glocester and Lancaster and some other of the Peers for the effecting of it he had caused several People in the County of Chester to be Armed in Warlike manner in Assemblies in the Parliament held in the 17th year of R. 2. N o 20. Sir Thomas Talbot being accused of High Treason for this It 's there declared insomuch as one of them was Lord High Steward of England and the other High Constable that this was done in destruction of the Estates of the Realm and of the Laws of the Kingdom and therefore adjudged Treason and the Judgement sent down into the Kings Bench as appears Easter Term in the 17th year of R. 2. in the Kings Bench Rot. 16th These two Lords had appeared in the 11th of R. 2 in maintainance of the Act of Parliament made in the year before one of them was of the Commissioners appointed by Parliament and one of the Appealors of those who would have overthrown it The Duke of Lancaster likewise was one of the Lords that was to have been Indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of their Laws This there is declared to be Treason that concerned the Person of the King and Common-wealth In that great insurrection of the Villains and meaner People in Richard the II. time they took an Oath Quod Regi Communibus fidelitatem servarent to be true
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
in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the First in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the Common-Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King Iohn and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent-Rolls of the 30th year of King Henry 3. the first Membrana the words are Quia pro Communi Utilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Iohannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mandatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Court in England where they receive their Degree and of them and of the Common-Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such as upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edw. 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgement belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of judging upon an Irish Statute the Pleas of the Crown for things of life and death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ. This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By
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
and Statutes made by these our Ancestors they are the Rules we go by in other Cases Why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships Upon the Close of Mr. St. Iohns Speech the House Adjourned nor was there one word spoken but by Master St. Iohns onely the Lord Lieutenant used the last part of his Rhetorick and by a dumb Eloquence Manibus ad sydera tensis often holding up his hands towards Heaven all along Mr. St. Iohns Speech made his Replies with a deep silence Upon Fryday April the 30th he Petitioned the Lords to be heard again alleadging That his Lawyers had not fully spoken at their last meeting but this was denyed him because the House of Commons were to have the last Speech nor were they content to speak again The following SPEECH of Mr. Glyns is by a Mistake Misplaced for it ought to be next to my Lords Summary of the Evidence Mr. GLYN'S REPLY TO THE Earl of Strafford's DEFENCE My Lord of Strafford having concluded the Recapitulation of his Evidence Mr. Glyn applyed himself to their Lordships in manner following May it please your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any we shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Laws of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hath made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships looking upon your Notes and observing his recollection that he hath used the repetition of Evidence on both sides in such manner as you know who useth Scripture that is to cite as much as makes for his purpose and leave out the rest And likewise that in repetition of the Evidence he hath mis-recited plainly very much of the proofs on both sides and likewise hath pretended some proofs to be for his Defence which indeed were not and he hath taken this farther advantage when it makes for his Defence he hath disjoynted the Proofs and Testimonies and severed them asunder that it might appear to your Lordships like Rain falling in drops which considered in distinct drops bring no horror or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the face of the earth He would not have your Lordships look on those Testimonies together but distinctly and asunder which being put together look horrid as will appear to your Lordships when you duly consider of them These be the general observations which in my Answer I doubt not but to make good But before I shall enter into observations of what he hath spoken I shall answer in general to some things which he hath in general alledged In the first place he hath made a flourish this day and several other days in the way of his Defence That if he could have had longer time he could have made things appear clearer and have produced more proofs Give me leave to inform your Lordships that he is no way streightned of time for he hath been charged above three months since he knew what was laid to his Charge and therefore his pretence of want of time and of his disabilities to make better proofs are but flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though he fetched it from Ireland there is not one wanting he hath copies of Papers from the Council-Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that flourish that if he had had time he could have made it more clear My Lords He hath mentioned often this day and oftner the days before That many of the Articles laid to his charge are proved but by one Witness and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for High Treason without two witnesses My Lords This is a fallacy known to his own breast I doubt not and not taught him by any of his Counsel or others Learned The Treason laid to his charge is The subverting of the Laws the Evidence is the Article proved and though some one Article appears to be proved but by one yet put the Evidence together you shall never find it to be within the words or meaning of the Statute for the Charge is proved by a hundred Witnesses and because one part of the Evidence is proved only by one Witness since when you put them together you will find a hundred Witnesses it is not within the words nor meaning of the Statute neither will his Counsel direct him to say so I am confident My Lords another observation I shall be bold to make is that he was pleased to cast an aspersion as we must apprehend upon them that are trusted by the House of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved He might have pleased to have spared that language we stand here to justify our selves that we do not use to express any language
In the four and twentieth Article he mentions That he is charged with being an occasion to break the Parliament and lays hold of that as in the other Articles That it was not proved but declined My Lords when he shall hear the repetition of the Evidence though part of the Article was not particularly insisted upon yet I believe it will appear to your Lordships and the world that he was the occasion of breaking the last Parliament and it is expresly proved by witnesses enough and though he says How should any body think him an occasion of it that did so often advise Parliaments yet I shall shew anon that when he did advise them it was to compass his own Design and Plot without which his ends could not be brought to pass He came from the Four and twentieth Article to the Seven and twentieth and he answers against that Article That when Armies are in the field men cannot walk so peaceably as an Attorney with his Box and Papers in Westminster-Hall I know not what he means but when two Armies are in the field they may raise War against the Kings people as well as the King for his just defence it is the way to make his people terrified with Armies and to avoid them as a Serpent and therefore it is a dangerous aspersion as I conceive With these he concluded except some things that he took by way of artificial insinuation to perswade your Lordships That it was dangerous to raise a Treason that had lain asleep I know not how many hundred years and create a Treason A strange thing indeed it is That a man shall be charged with a Treason for subverting the Law A strange thing that one should be charged with Treason for killing a Justice sitting in the Seat of Justice and yet it should be no Treason to destroy King and Kingdom and people and all all which are destroyed if the Law be subverted And now having touched upon what he hath spoken with your Lordships good favour I shall crave leave to run the course I have propounded with my self and that very briefly that is upon the whole matter to shew how far the Evidence produced on the Commons part doth prove the Charge My Lords That laid to his charge is a design and purpose to subvert the fundamental Laws of two kingdoms and to introduce an Arbitrary and Tyrannical Government not that he did effect it but that he did intend it for if he had done it it had been too late to question it he had left no rule whereby to call him to Tryal but his intention and his endeavour are his charge My Lords How far this is proved if your Lordships be pleased to call to mind the Articles and the Evidences produced on the Commons part your Lordships will find I believe that his Words his Counsels and his Actions do sufficiently prove his endeavouring to destroy In the first Article where my Lord of Strafford hath the first opportunity offered him to put this endeavour in execution that is the first place of eminency amongst his other Places and Commands which I take it was his being made President of the North he is no sooner there but there be instructions procured to enable him to proceed in that Court almost in all Causes for a man can scarce think of a Cause which is not comprehended within the Instructions obtained after his coming thither but I shall put your Lordship in mind of two clauses of the Instructions procured in the Eighth year of this King and after he was President that is the clause of Habeas Corpus and Prohibitions that no man should obtain a Prohibition to stay any Suit that should be commenced before him in the Council of York That if any man should be imprisoned by any Process out of that Court he must have no Habeas Corpus A Prohibition is the only means to vindicate the estate of the Subject if it be questioned without Authority A Habeas Corpus is the only means to vindicate his Liberty if he be detained without Law but these doors must be shut against the Kings Subjects that if either they be questioned or restrained before him there must be no relief How far he could go further I am to seek there being no means for the Subject to relieve himself if he be questioned for his Estate without authority no means to redeem himself if his person be imprisoned without Law And he had so incircled himself about that if the Judges should find the party that returns not the Habeas Corpus according to Law there was a Power and a Warrant by the Instructions to the Barons to discharge the Officers of that Fine And now I refer it to your Lordships judgements Whether this be not to draw an Arbitrary Power to himself For the execution of this Power it is true it is proved to be before the instructions in the eighth year of the King but then it riseth the more in judgement against him for your Lordships have heard how he went into a grave Judges Chamber blaming him for giving way to a Prohibition granting Attachments against one that moved for a Prohibition and though this was done before the Instructions were granted yet the Instructions coming at the heels of it sheweth his disposition and resolution more clearly for he acts it first and then procures this colour to protect it and though he pretends there was no proof yet I must put your Lordships in mind that when these things were in question concerning the apprehension of a Knight by a Sergeant at Arms he kneels to His Majesty That this defect might be supplyed and this jurisdiction maintained else he might goe to his own Cottage And here being the just commencement of his greatness if you look to the second it follows That at the publick Assizes he declared That some were all for Law but they should find the Kings little finger heavier than the loins of the Law He did not say it was so but he infused it as much as he could into the hearts of the Kings people that they should find it so and so he reflects upon the King and upon his people the words are proved And to speak them in such a presence and at such a time before the Judges and Countrey assembled they were so dangerous and so high expressions of an intention to counsel the King or act it himself to exercise an Arbitrary Government above the weight of the Law as possibly could be exprest by words And this is proved by five witnesses and not disproved nor is any colour of disproof offered but only by Sir William Penniman who says he heard other words but not that he heard not these words If he doth he must give me leave not to believe him for five affirmations will weigh down the proof of a thousand negatives He stays not long in England with this power though while he stays you hear how he vexes
House resolved presently to send 12 of the Peers Messengers to the King humbly to signifie That neither of the Two Intentions expressed in the Letter could with duty in them or without danger to Himself his dearest Consort the Queen and all the Young Princes their Children possibly be Advised all which being done accordingly and the Reasons shewed to His Majesty He suffered no more words to come from them but out of the fulness of His heart to the observance of Justice and for the Contentment of His People told them That what He intended by His Letter was with an if if it might be done without Discontentment of His People if that cannot be I say again the same I Writ Fiat Justitia My other Intnetion proceeding out of Charity for a few days Respite was upon certain Information that his Estate was so distracted that it necessarily required some few days for settlement thereof Whereunto the Lords Answered Their purpose was to be Suitors to His Majesty for favour to be shewed to his Innocent Children and if himself had made any provision for them the same might hold This was well-liking unto His Majesty who thereupon departed from the Lords At His Majesties parting they offered up into His hands the Letter it self which He had sent but He was pleased to say My Lords What I have Written to you I shall be content it be Registred by you in your House In it you see my mind I hope you will use it to my Honour This upon return of the Lords from the King was presently Reported to the House by the Lord Privy-Seal and Ordered that these Lines should go out with the Kings Letter if any Copies of the Letter were dispersed The House being informed That the Queen-Mother apprehending Her self in some danger by reason that divers words were scattered among the Tumultuous Assembly as if they had some design upon Her Person and those Priests which she had for Her own Houshold desired a Guard for Her Security Concluded that as to the Security of Her own Person they were bound in honour not to suffer any Violence to be done unto Her and so referred it to a Committee to consider what was fit to be done in order thereto Which being Reported by Mr. Henry Martyn he declared That the Committee had duely considered Her Majesties just Fears and therefore should agree to all good ways and means that might conduce to the safety of her Person But fearing that the said means may notwithstanding prove ineffectual for Her Protection That therefore the House would intreat the Lords to joyn with them humbly to beseech His Majesty That the Queen Mother may be moved to depart the Kingdom the rather for the Quieting of those Jealousies in the Hearts of His Majesties well-affected Subjects occasioned by some ill Instruments about the said Queens Person by the flocking of Priests and Papists to Her House and by the Use and Practice of the Idolatry of the Mass. Wednesday the 12th of May. THe Earl of Strafford was brought from the Tower to the Scaffold upon Tower-Hill where the Bishop of Armagh the Earl of Cleeveland Sir George VVentworth Brother to the said Earl of Strafford and others of his Friends were present to take their Leaves of him But before he fitted himself to Prostrate his Body to Execution he desired patience of the People to hear him speak a few words which the Author took from his Mouth being then there on the Scaffold with him viz. MY Lord Primate of Ireland and my Lords and the rest of these Noble Gentlemen It is a great Comfort to me to have your Lordships by me this day because I have been known to you a long time and I now desire to be heard a few words I come here my Lords to pay my last Debt to Sin which is Death And through the Mercies of God to rise again to Eternal Glory My Lords if I may use a few words I shall take it as a great Curtesie from you I come here to submit to the Judgment that is passed against me I do it with a very quiet and contented Mind I do freely forgive all the World a forgiveness not from the Teeth outward as they say but from my heart I speak in the presence of Almighty God before whom I stand that there is not a displeasing thought that ariseth in me against any Man I thank God I say truly my Conscience beares me Witness that in all the Honor I had to serve His Majesty I had not any Intention in my heart but what did aime at the Joynt and Individual prosperity of the King and His People although it be my ill hap to be misconstrued I am not the first Man that hath suffered in this kind It is a Common Portion that befalls men in this Life Righteous Judgment shall be hereafter here we are subject to Error and Misjudging one another One thing I desire to be heard in and do hope that for Christian Charities sake I shall be believed I was so far from being against Parliaments that I did always think Parliaments in England to be the happy Constitution of the Kingdom and Nation and the best means under God to make the King and His people happy As for my Death I do here acquit all the World and beseech God to forgive them In particular I am very glad His Majesty conceives me not meriting so severe and heavy a punishment as the utmost Execution of this Sentence I do infinitely rejoyce in it and in that Mercy of His and do beseech God to Return Him the same that He may find Mercy when He hath most need of it I wish this Kingdom all prosperity and happiness in the World I did it Living and now Dying it is my Wish I profess heartily my apprehension and do humbly recommend it to you and wish that every Man would lay his hand on his heart and consider seriously Whether the beginning of the peoples Happiness should be Written in Letters of Blood I fear they are in a Wrong Way I desire Almighty God that no one drop of my Blood rise up in judgement against them I have but one word more and that is for my Religion My Lord of Armagh I do profess my self seriously faithfully and truly to be an obedient Son of the Church of England In that Church I was born and bred in that Religion I have lived and now in that I dye Prosperity and Happiness be ever to it It hath been said I was inclined to Popery if it be an Objection worth the answering let me say truly from my heart that since I was Twenty one years of age unto this day going on 49 years I never had thought or doubt of the truth of this Religion nor had ever any the boldness to suggest to me the contrary to my best remembrance And so being reconciled to the Mercies of Jesus Christ my Saviour into whose bosom I
which in this case is always to be admitted among persons of Honor and persons of Trust and therefore admitting it not any other way it was just and lawful and commendable in Mr. Treasurer and me for I vow to your Lordships we both said it and he as fully as I. But my Lords all these come very far short to prove the words of the Charge and this under favour is all the proof as I have taken that I should say these words before the Parliament The next words I am charged withal are in the 23 Article and those my Lords are that having tryed the affections of his people His Majesty was loose and absolved from all Rules of Goverment and was to do every thing that Power would admit and that His Majesty had tryed all wayes and was refused and should be acquitted both of God and man For the latter part that concerns the reducing of this Kingdom by the Irish Army I have answered already and therefore shall not need to repeat it My Lords mine Answer under favour to those words with your Lordships Noble permission must be thus That they are no way proved in the most material part of them by any Testimony that hath been offered I shall as near as I can repeat the proofs that were offered on this point for these Articles were brought in four or five together but I shall apply the proofs severally and distinctly The Testimony first given was the Testimony of the Lord of Bristol wherein his Lordship says That in a discourse there was difference betwixt his Lordship and me in some Tenents of ours To which I answered the other day that in discourse we speak not always the things we think but many times to gain from other mens arguments to strengthen me in my opinion I will seem to be of the contrary This is ordinary and familiar in all conversation and very honest and just so that albeit we seem to differ as we held it severally yet if the pulse of our hearts had been touched close both his and mine perhaps we should have found it one and the same Besides his Lordship said I disliked not the discourse we speaking of another Parliament only I said it was not convenient at that time and that the present dangers would not admit a remedy of so long consideration and that the King must provide for the Common-wealth Et salus populi suprema lex And truly my Lords I think that it is very hard any man should upon such a discourse have his words turned upon him and made use of to condemn him for High Treason My Lords I know you are so just that you would judge me as you would be judged your selves and whether any man that hears me would be content to have every word that falls in discourse betwixt man and man to be so severely interpreted I leave to every mans Breast what he finds in the closet of his own Heart and desire to be judged according to that My Lord went further and says I should say that the King was not to be mastered by the frowardness or disaffection of some particular men and conceives it be meant of the Parliament My Lords I say under favour these words are not within the Charge and therefore I am not to be accountable for them besides it is a single Testimony and by the proviso of that Statute cannot be made use of to the end and purpose for which they bring them My Lords the next Testimony offered for proving this Charge is the Testimony of my Lord of Newburgh and he sayes That at the Council-Board or in the Gallery I did say that seeing the Parliament had not supplied the King His Majesty might take other courses for the defence of the Kingdom Truly my Lords under favour who doubts but he might for my part I see not where the offence is for another man to have said thus for if another man will not help me may not I therefore help my self under favour I conceive there is no great weight nor crime in these words but in these likewise he stands a single Testimony there is no man that joyns with him in it and there is this in the whole Cause concerning the words that I think there is not any one thing wherein two concurr The next Testimony is that of the Earl of Holland and he sayes That at the Council-Board I said The Parliament having denyed the King he had advantage to supply himself other ways Truly my Lords I say still other wayes being lawful wayes and just wayes and such wayes as the goodness of the King can only walk in and in no other can he walk And therefore I conceive they be far from bringing it to so high a guilt as Treason and this likewise his Lordship expresses as the rest do singly on his own word as he conceives them and not on the particular word of any other person which is I say the case of every one that speaks in the business and therefore there being so great a difference in the Report and Conceiving of things it is very hard my words should be taken to my destruction when no Man agrees what they were My Lord of Northumberland is the next and he sayes I should say at a Committee for the Scotish affairs That in case of necessity and for defence and safety of the Kingdom every thing must be done for the preservation of the King and his People And this is the Testimony of my Lord in that point if I take any thing short it is against my Will I give you my Notes as far as I have them and further I cannot remember them But my Lords I say this brings it to that which is indeed the great part of my Defence in this case There is another agreed in this too and it is Mr Treasurer who sayes that in Argument for Offensive or Defensive War I should say That having tried all ways and being refused the King might in extream necessity provide for the safety of himself and his People I say this brings it to that which is principally for my Defence that must qualify if not absolutely free me from any blame and that is that which did proceed and follow after My Lords under favour I have heard some discourse of great weight and of great Authority and that is certain the Arguments that were used in the case of Ship-Money by those that Argued against the King in that Case say as much and will undertake if any man read those Arguments he shall find as much said there as I said at Council-Board for there you shall hear that there be certain Times and Seasons when Propriety ceases as in the case of Burning where a Man pulls down the next House to preserve the whole street from being set on fire In the case of building Forts on any mans Land where it is for the publique defence of the Kingdom in both these Cases Propriety
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