of the Scotts invading or entring into England nor was he of any other minde then all the rest of the Councell-Board For that of Mortons he doth not positively remember the words but if the demands were read perhaps they would imply nothing lesse and if so how otherwise to be answered but by the Sword All other meanes being first assayed which is ever to be supposed For Sir Henry Vane and Northumberland's testimony about perswading of an offensive Warre he said Hee remembred it very well and thought it as free for him to give his opinion for an offensive as they for a defensive Warre Opinions said he if they be attended with obstinacy or Pertinacy may make an Heretique but that they ever made a Traytor he never heard till now nor under favour should I bee an Heretique eyther said he for as I was then so am I now most willing to acknowledge my weakenesse and correct my errors whereof no man hath more or is more sensible of them then my selfe yet if that opinion of mine had beene followed it might perhaps have spared us some money said he and some Reputation too of which we have beene prodigall enough For the last about the Ships it proves nothing but he would willingly confesse that some ships were there deteined and that by himselfe and his owne direction as Vice-Admirall of Connaugh but it was at the command of the Lord Admirall the Earle of Northumberland and produced his Letter to that purpose To the English proofes He mervailed much how Sir George Ratcliffe words could be put upon him Sir George though alleaged to be his bosom friend yet had thoughts of his own and might have some other thoughts in his bosom and be to some other Expressions then Sir George Ratcliffe No man said he can commit Treason by his Attorney and should I by my friend Sir George as by a Proxie For his Brother He never knew him before so rash but that was nothing to him except they could prove a neerer Identidy then nature had instituted and that his brothers words and his were all one yet withall he conceived that his Brothers words might be very well understood of the Scotts conquering England but not at all of the Irish and so he wished with all his heart that he had not spoken somthing which is like Prophesy To the Primates Testimony with all reverence to his integrity be it spoken he is but one witnesse and in Law can prove nothing add to this said he that it was a private discourse between him and me and perhaps spoken by me tentandi gratia and how farre this should be laid to a mans Charge let your Lordships Judge Yea this seemes to me against humanity it selfe and will make the society of men so dangerous and loathsome to us that our dwelling houses will be turned to Cells and our Townes to Desarts That which God and Nature our Tongues have bestowed upon us for the greater comfort of venting our own conceptions or craving the advice of wiser and learneder men shall become snares and burdens to us by a curious and needlesse feare yet if my words be taken said he with all that went before and followed after I see no danger in them To the Lord Conway I may Reply the same with this addition That it is a very naturall motion for a man to preserve himselfe every Creature hath this priviledge and shall we deny it to Monarchy provided this be done in a lawfull though in an extraordinary way this graine of salt must be added to season all my discourse To that of Sir Henry Vane of offering my service to the King I thanke him for the Testimony and thinke he hath done me much honour thereby but if he or any body else doe suspect that his Majesty will employ me in unlawfull enterprizes I shall think them more lyable to the Charge of Treason then my selfe To the subsequent Testimonies I shall not neede to wrestle about them much only the last of Sir Henry Vane pinches and lies sore upon me but to that which the Earle of Clare and I thanke him for it hath said already give me leave to add this That the Testimony of one man is not a sufficient witnesse nor can a man be accused much lesse condemned of Treason upon this and for that reade the Star of Hen 7. 12. and of Edw. 6. 5. Now my Lords said he to give you further satisfaction I shall desire all the Lords of the Councell which were then present only to the number of eight may be examined whether they heard these words or not for the Archbishop and Sir Francis Windebanke they cannot be had Sir Henry Vane gives the testimony I deny it foure only remaine First the Earle of Northumberlands testimony which was read had declared expressy that he had never heard those words nor any like them from the Lord Strafford but hee spake with great honour and regard to the Kingdome of England Secondly the Marquesse Hamilton who declared upon his oath that hee had never heard such words but that hee had heard the Lievetenant often say that the King was to rule his Royall power Candiâ—è Castè that it would never be well for this Kingdome till the Praerogative of the Crowne and the Priviledge of the Subject went in one pace together and that Parliaments were the happiest way to keepe a correspondency betweene the King and People The very same was delivered by the Lord Treasurer and the Lord Cottington Now my Lords you may mervaile how these words rested only on the eares of Sir Henry Vane but my Lords said hee that I may remove all scruple from you I will make it evident that there was not the least intention that the Irish Army should set a foote in England and then I hope you will conceive that I had no meaning to reduce this Kingdom This he made cleere by the testimony of Northumberland the oathes of Marquesse Hamilton Lord Cottington Lord Treasurer Sir Thomas Lucas who only were private to that matter For other of my words my Lords said he I desire you would not take them by halves if so who should be free from Treason Certainly if such a praecedent take footing Westminster-hall shall be more troubled with Treason then with Common-Law looke therefore to the Antecedents and Consequents of my speeches and you shall finde the state of the question cleerly altered the Antecedents were upon an absolute or inevitable necessity upon a present invasion when the remedy of a Parliament cannot be expected the Consequents for the defence of the Kingdome with accompts afterward to the Parliament The qualifications too in a lawfull convenient and ordinary way so farre as the present necessity can permit Add but these and which of you are not of my mind Is the King endowed with no power from the Lord Is hee not publicus Inspector Regni Stands it not him in hand to do somthing on present
number of supposed probabilities I leave it to your Lordshippes consideration to fore-see what may bee the issue of such dangerous and Recent Praecedences These Gentlemen tell mee they speake in defence of the Common-wealth against my Arbitrary Lawes give me leave to say it I speake in defence of the Common-wealth against their arbitrary-Treason for if this latitude be admitted what praejudice shall follow to King and Countrey if you and your Posterity bee by the same disenabled from the greatest affaires of the Kingdome for my poore selfe were it not for your Lordships interest and the interest of a Saint in Heaven who hath left me here two Pledges on Earth At this his breath stopt and he shed teares abundantly in mentioning his wife which moved his very Enemies to Compassion I should never take the paines to keepe up this Ruinous Cottage of mine it is loaden with such infirmities that in truth I have no great pleasure to carry it about with me any longer Nor could I ever leave it in a better time then this when I hope the better part of the World would perhaps thinke that by this my misfortune I had given a testimony of my Integrity to God my King and Countrey I thanke God I count not the afflictions of this present life compatable to that glory which is to be revealed in the time to come My Lords My Lords my Lords Something more I had to say but my Voice and Spirits fayle me only I doe in all humility and submission cast my selfe down before your Lordships feete and desire that I might be a Pharos to keepe you from Ship-wrack doe not put such Rocks in your owne way which no prudency no circumspection can eschue or satisfie but by your utter ruine and whether your judgements in my Case I wish it were not the Case of ye all be eyther for life or death it shall be righteous in my eyes and receaved with a Te Deum Laudamus and then he lifted up his eyes and said In te Domine confido nè confundar in aeternum This hee spake with an Imitable life and grace you have his very words as neere as I can remember only with so much losse and detriment as hath perished by transcribing the Coppy from his owne mouth But you desire impâ—rtialitie and indeede you have it and with some graines too of allowance for I was so affrayd of my own affection to the Gentleman that I rather bowed to the other extremity and therefore have set down his defences rather to his disadvantage by my rude pen then in the native colour to his eternall glory and the Confusion of his Enemies The Repetion of the charge did not spend much time they proceeded orderly Article by Article in the very same words and matter as before only there were some remarkable flashes that passed from Master Glyn who was the man in the time of their handling Hee told them that hee should represent the Lord Strafford as cunning in his reylys as hee had beene crafty in his Actions that hee waved all that was materiall and insisted only upon the Secondary Proofs that it was more then evident throughout all his charge how hee had endeavored to bring in an Arbitrary and Tyrannicall forme of Government over the lives the lands and liberties of the Kings Subjects yea had exercised a tyranny ever their consciences too by the oath administred in Ireland and though his Malicious Designes had taken no effect yet no thanks to him but to the goodnesse of the King and the Vigilancy of the Peeres had they pleas'd it had beene too late to have punished him for no rule of Law had beene left whereby to Censure him after the death and expiration of the Lawes And if the Intention of Gvido Faux might bee thought Treason though the House was not blown up then this Intention of his may admit the same censure Hee closed that throughout all his defences hee had pretended either warrants from the King or else the Kings Praerogative and what was this else but to draw up a cloude and exhale the Vapour for the eclipsing of the bright Sonne by the Jelousies or Repinings of his subjects if the strength of his piety and Justice should not dispell all these mists and send them down to their originall That the very standing and falling of these three Kingdomes stood upon this Processe All of which doe conceive their safety so farre intressed in his just punnishment that no setling of their peace or quiet could bee expected without this that rhey hoped the Law should never protect him who had gone about to subvert all Law Nor the Nobility who had the same blood moving in their veines by submitting themselves to his base Tyranny loose that priviledge and liberty which their Ancestors had bought with their deerest lives Though there was no Treason for his Stat was it the lesse Monstrous For there was none for so many hundreds of yeares that durstever adventure upon such Insolencies to occasion such a Statute And were not the fundamentall grounds and rules and government sufficient to rise up in Judgement against him without the making a particular Statute This hee said hee left to the dispute of the Law and concluded That seeing they had found out the Jonah who these many yeares had tossed and hazarded the Ship of the Common-wealth with continuall stormes and tempests there could no calmes bee expected but by casting him out into the Seas which in all Justice they must and doe expect from their hands who are intrusted by the body of the Kingdome to doe the same The Aggravation of the offence hee said hee had left to Master Pym who here spake that Speech which is now in Print It was a sport to see how Master Pym in his Speeech was fearefully out and constreined to pull out his papers and reade with a great deale of confusion and disorder before hee could recollect himselfe which failing of his Memory was nosmall advantage to the Lievetenant because by this meanes the house perceived it was a premeditated slash not grounded upon the Lievetenants last answer but resolved on before whatsoever hee should say for his own justification but the Lievetenant was nor suffered to Reply a word either to Glyn or Pym. Because the last word must bee theirs And so with Tuesday ended the matter of Fact On Thursday the dispute in Law is expected Upon Wednesday wee were bigg with expectation for the matter of Law having done before with the matter of fact but it seemes the house of Commons had perceived a great Defection of their party and a great increase of the Lord Straffords freinds in both the houses occasioned by his insinuating honest and witty defences and therefore they resolved of no more hearing in publique therefore it was thought upon by his accusers to draw up a Bill of attainder and present the same to the Lords whereby first the matter of fact should bee declared
Anjoy in France Ovum Ovo And for all these though he was Charged with high-Treason for wronging the right of the Subject and subverting the fundamentall Lawes of the Kingdome yet after a long Agitation the matter was found by the Lords of Parliament not to imply Treason but only Felony Add to this another who in the twenty third of Henry the eighth was Charged for subverting the English Lawes and yet no Treason Charged upon him Add to both the Charge of Richard Larks pleaded at the Common-Pleas who was Charged with Treason for subverting the Lawe but convicted only of Felony by which you may see My Lords what to this time hath beene subverting the Lawes Thirdly It is very considerable that the Lord Strafford is not Charged to have subverted but only to have intended to subvert the fundamentall Lawes and this I conceive if there were no more might keepe him free from that Statute of the twenty fift of Edward the third For although as touching the King his Queene and Children intention is treasonable yet in all other things there mentioned there must be action beside intention for it is not said if a man doe intend to kill a Chancellor it shall be Treason but only if he doth kill him and if hee doth actually counterfeit the broad-Seale And although a man should prepare a Furnace make ready his Stampe melt his Bullion yet if he gives not the Kings impression vpon the Coyne all his intentions yea his praeparations will not serve to make up a Treason And this under fauour may serve to answere the Case of Guido Faux lately objected unlesse it be alleaged that the Lord Strafford had as reall an intention against the Kings life as Faux had For though the intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immence and vast a difference both is and ought to be betwixt a project against the Royall-blood and all things else of a lower and under nature Yee see therefore my Lords that the body of the Statute cannot stick against the Lord Strafford neither in Letter nor in consequence this is not that must not be all that can be said is that his Fact may be Treason by the Common-Lawe For my part I professe my ignorance who ever thought the common-lawe might declare but never make a Treason that is It might bee presupposed that there is a Statute whereupon to build a Declaration and therefore to say there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common-Lawe or by Parliament are but two different waies of Proceedings and must both resolve into one Principle yea which comes home to the point in the one and twentith of Edward the third To kill a man imployed in the Kings Warre was Treason and the twenty third To kill the Kings Messenger was Treason by Declaration of the Common-Lawe but alwaies by reason of the Statute yet none of these are now Treasons but Felonies only by reason of the interveining Statute the twenty fift of Edward the third such hath ever beene thought the force of its Letter and Declaration And so I will leave it and speake a word or two of the Salvo which is this That because all Particulars could not bee then defined therefore what the Parliament should declare to be Treasonable in time to come should bee punished as a Treason And according to this Reservative in the eighth yeere of King Richard the second one was Charged before the Kings Bench was afterward referred to the Parliament and there though the Fact was not conteined in the body of the Statute yet because of the Proviso afore mentioned it was adjudged Treason In the eleventh yeere of the same King the Duke of Ireland and Nevill Arch-bishop of Yorke were impeached of high-Treason by Gloucester Arundell and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the one and twentith of the same Richard the second the tide turned and the King had such a hand with the Parliament that the Sentence was recalled and those three noble-men themselves adjudged Traytors Againe in the first of Henry the fourth his Successor that Revocation of the one and twentith of Richard the second was repealed and the Sentence of the eleventh of his Reign established such were the tossings too and fro of Treason and all because of that uncertain Proviso Therefore it was That in the same Parliament the first of Henry the fourth A Petition was preferred by the Nobility to have Treason limited within some Statute Because they knew not what to speake or what to doe for feare thereof And in the tenth Chapter an Act was made upon this Petition that that Salvo should be holden Repealed in all times to come and nothing esteemed Treason but what was Litterally conteined in the Statute of the twenty fift of Edward the third and therefore it is said in the Records That there was great joy at the making of this Act in that the drawn Sword hanging over every mans head by this slender thred of a consequence or illation was moved by that Act. Add to this that in the first of queen Marâ— the first chapter the same is repeated That no man shall be punished in life or estate as a Traytor but for the Crime conteined in the Stat. 25 Ed. 3. without the least mention of a pretended Salvo The Earle of Northumberlands Case comes nigh to the point he was Charged with Treason the fift of Henry the fourth and if the Statute of the first of Henry the fourth the first chapter whereby this Proviso is Repealed had not interveend no doubt he had beene condemned of Treason but he was only convict of Felony and that because he could not be drawne within the Letter of the Statute of the twenty fift of Edw. the third And I dare confidently say it that since that Act was made the first of Henry the fourth the first chapter whereby the Proviso is Repealed no man hath ever beene declared a Traytor eyther by King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I doe offer to your Lordships considerations That the Lord Strafford cannot be impeached of Treason by the Statute of the twenty fift of Ed. the third and that the Salvo conteined in the same stands Repealed almost two hundred yeeres agoe And this is all I conceive to be necessary for that Statute which was alleaged by the Lord Strafford in his Defence for matter of Fact Then the Recorder spake some few words to this purpose That The Recorder what was spoken upon the Statute was because it seemed inseparable from the matter of Fact that they could proceede no further till a State were afforded them that to doe otherwise they conceived might bee very
morning The Court at this time was surcharged with a confluence of People quasi Civitas tota sedibus suis mota as if the whole Citty was come to petition for Justice a Government indeede worse then a Democrasie where the people doe not rule but play the Tyrants If there were no Monarchy there needs no conscience to obay it But where it is and cannot protect it selfe the good subject must either forget himselfe or his loyalty A two edged sword killing either the body or the soule nor in this are men in better ease then the winged Fishes that our Southerne Mariners tell us of which if they swim beneath the water are cath'd by the Dolphin if they fly above for refuge are snatched away by the hungry Ravenous foules Lord helpe then the times or help our patience and Resolutions give us either redresse in thee or confidence in thee The wiser sort conceived these two Bills too big for them to desire at once and that both of them together might procure a flat deniall but the more couragious knew the readyer way by farre having often had experience of his Majesties readinesse to grant just desires resolving that hee that expects to loose the day is beaten at his own diffidence and it is the qualitie of some men to swallowe Camells upon a sudden who if you give them leisure will perchance streine at a Gnatt Their Resolutions may ayme at this but despaire to remedy that nature gives the reason Omne agens se exercet intra sphaeram Activitatis dangers if they come but stragling upon us wee may collect our spirits well enough and easily resist them but if they come by whole troopes Amazement and feare admitts of no consultation for the future but only intends to decline the present and pressing hazard whereon the ancient Gaules made their first on-setts with valour beyond the courage of men and with fearefull cryings and shouts belying rheir own Animosity to stupify and quell that of the enemy Sunday All the day the King was resolute never to give Sunday way to the Bill against the Lord Strafford telling them withall that it seemd strange to him that the man could not dy unlesse hee and hee only by giving Sentence the Kings Legislative way should condemne him the Lord Pembrok brought the King a piece of Scripture 2. Sam. 19. from the 5. to the 9. verse the words indeede became a Joab rather then himselfe till hee had scattered the force of the Kings not eldest sonne yet eldest daughter the Kingdome of Scotland heere is some Analogy with Absolon and in nothing else for David was sorry for shedding the nocent they not sorry for shedding the Innocent blood though the Issue bee not the same Foure Bishops were sent for by the King the Primate of Ireland the Bishop of Durham Lincolne and Carlile some Foure Bishops say and I doe rather believe it that the King was desirous the Bill should bee voiced againe and argued the Bishops had their suffrages in the Admission though not in the approbation of the Bill others thinke in regard the Primate was there who had no Interest in this Kingdome it was to resolve the Kings Conscience for my part I see not how they should doe this seeing the businesse was grounded upon a case in Law which none of them unlesse the Bishop of Lincolne had learned when hee was Lord Keeper could possibly discusse for if the King was tender in it how could they perswade him to give way if not what needed their Resolutions But it may bee that they perswaded him that in Conscience hee might preferre the opinion of the Judges before his own And that if though with some reluctation they thought upon their oathes the Proceedings to bee lawfull hee might give way to them This is not unlikely because the judges were sent for the same time and it seems for the same service And if it bee so I admire and adore too the wonderfull providence of God who in his praeparatory Act to his unlawfull Judgment which undoubtedly will follow suffers not only the King and the Countrey but the Church too as if her Cup were not yet full to be involved But could this bee to the matter of fact the King I am sure knew him to bee free from any the least intention of subverting the fundamentall Lawes of the Kingdome And could the Bishops satisfie thi scruple too it may bee they are perswaded that the Proofs might bee taken Implicitly from the House of Commons as the Law from the Judges It is reported indeed that they besought the King with many teares to give way and that to prevent the ruine of the Kingdome which these States-men who will bee ever content with the longest life for themselves till by peece meale they bee thrust from all did see would necessarily follow well I dare prophesie to them they shall not want their Reward neither from King nor people for the next tumult of people shall bee against their Liturgies Surplices and Church ornaments And seeing they have now over-perswaded the King in this if they can procure him then to protect themselves from those imminent dangers which hang over their heads they shall doe a miracle sed quos pordere vult Jupiter dementat some body else will perswade the King that to satisfie the Common People and to prevent the Ruine of the Kingdome Bishopricks Deanes Prebends and all Cathedrals must down Sedomen avertat Deus optimus Sundâ—y All day nothing sounded in the King eares but feares terrors and threatnings of worse and worse the noise of Drums and Trumpets were Imagined to bee heard of rebelling people from every Corner of the Kingdome yea Apprentices Coblers and fruiterers presented thmselves as all ready running into the Kings Bed-chamber After they had wrestled him breathlesse and as they doe with great fishes given him scope of Lyne wherein to spend his strength at last victus dedit manus being overcome with such uncessant Importunities hee yeelded up the Bucklers And about nine of the clock at night oh deplorable necessity of the times or rather oh the frailtie of humane nature I that can neither foresee nor susteine this necessity the King promised to signe both the Bills the next morning which was accordingly done and a Commission drawn up for his I do not care in what relation you take the word Execution Ingentes Curae stupent loquuntur leves Though I had resolved with the Painter who could not expresse his griefe sufficiently in weeping for his daughter heere to have drawn the Curteine yet it will not bee something must overflow Consider the Gentleman as a man his Judgement Memory Eloquence reall perfections in this age of appearances consider him as a Subject his Loyalty his Courage his Integrity to King and Countrey in these disloyall and faint-hearted times consider him as a Christian his love to the Church his respect to Church-men in this prophane and over-weening Generation
that hee used the maine points were That it was a Treason farre beyond the reach of words that hee the Lieutenant a native Subject and a Peere of England the prime Governour of Ireland the Commander of his Majesties Forces and a Protestant in Religion should have in such an impious and grosse manner recompenced his Majesties favours abused his goodnesse and drawne all his Dominions into hazard and perill of their Religion Lives Goods and Priviledges That one of these faults alone had beene enough and too much for the fullfilling of the exorbitancy and wickednesse of any one man And that no punishment could be thought upon sufficient to expiat crimes of such a transcendent nature The Lieutenant with no lesse moderation and wisdome then the other with heate and passion spake to his owne defence and that with such a measure of Eloquence and Lively-hood that his very Enemies were affected with it and doe mervailously report of it Hee modestly recounted his services done to the King and Crowne of England his endavours for advancement as well The Lieutenants Answere of the Honour as Commodity of both Kingdomes in generall but in particular that of Ireland How he had engreatned and advanced the Kings Revenues there Restored the Churches maintenance Suppressed the Out-lawes established obedience to Royall authority and impedited the Tyranny and Usurpation of greater ones over the Commons And for the effecting of all these Actions hee mentioned himselfe the most weake and meanest Instrument with a wonderfull Prudence in a middle way betwixt the affectation of basenesse or dejectednesse and Allejance Master Pym after the close of his Speech told him that there were three new Articles adjoyned by an after search to his Three new Articles Charge and desired that he might presently Reply to the same Whereunto the Lieutenant answered It was very strange that after the close of the Processe and when matters were come to bee scan'd and examined by proofe that any new Charge should bee given in Yet lest he should seeme to decline the maintenance of his owne Innocency and the just defence of his Honour hee was most willing to heare them and have them alleaged provided that a convenient time might be assigned him to make his Replies against them as he had done to the other given in before But Master Pym excepted against this and told him that the House did conceive it to be dangerous to grant any farther Prorogation Upon this the Lords of the upper House who did not think it fit as yet to voyce any particular in the audience of the House of Commons did retire themselves and after a pretty time of stay they returned and declared That they had found the Lieutenants suit to be equitable in desiring of further time for answering yet seeing the Articles themselves neither for number nor weight seemed to bee of that importance but that he might furnish out a present Answere they thought it fitting to grant no delay The Lieutenant then intreating them to passe by and pardon the weakenesses of his extemporary Answeres desired to hearâ— the Articles read which were these First That hee had within these two yeeres withdrawne forty thousand pound sterling from the Exchequer in Ireland and imployed it to his owne private vses Secondly That in the beginning of his Government the Garrisons in Ireland had been maintained by the English Treasury Thirdly That hee had advanced Popish and Infamous persons as the Bishop of Waterford and others to the prime Roomes in the Church of Ireland To the first hee answered That thirty thousand pounds were set apart for the Kings late service at his owne most speciall and most peremptory Commands for which he produced the Kings owne Letter already approved as his Acquittance at the Exchequer boord in Ireland To the second That at the beginning of that Charge against him as ever before his time the Garrisons had beene burthensome to the Kingdome of England but that he had so improved it and setled the Kings Revenue there that the like is not to be heard in all the times that are by past For which if the best endeavors of a Subject may justly expect any reward from his King and Country hee craved leave to thinke that hee rather deserved many thanks then the least punishment To the third Hee attested all the Clergy in Ireland if ever he had taken upon him any particular medling in advancing their Church-men or whether he had done any thing concerning such affaires but upon the speciall advise and desire of the best and wisest of their number For his part when hee befriended the Bishop of Whaterford hee conceived of him as a man of Integrity and Learning fit for such an imployment nor was there then the least suspition of those monstrous impieties wherewith he was afterwards Charged That he had now justly suffered for the same and that hee hoped they would not lay a necessity upon him to Prophecy and Divine of the future Conditions and Deportments of men For others of the Church suspected of Popery hee knew none such but should answere to the Particulars so far as they concernd him when they should happen to be alleaged After this the House dissolved for that night the kings Majesty and the Prince having stayed all the time and the Lord Lieutenant was appointed to come thither againe on Wednesday morning at which time they are to proceede to the first Article to give an Oath to the witnesses and to examine all the Proofes whereon the Processe was builded It will be a very hard matter for him to expect every mans testimony and to give his answeres eyther for full satisfaction or diminution of all objections which way of proceeding will spend at least a fortnight if not a greater space of time yet it is thought the lower House are impatient of delayes The expectations are exceeding various and different about the event of this great action some thinke it will bee impossible to escape the many and great accusations laid to his Charge Others and that the greater number too are of opinion that he will be in no hazard of his Life and that it will not be possible to bring him into the compasse of Treason quod tam misere cupio ut non credam his adverse party is so great and so farre interessed both in point of safety and honour against him that Flectere si nequâ—unâ—â—uâ—eros c. nothing will bee left unassayed that may accelerate his Ruine He hath all this time carried himselfe couragiously to the admiration and withall so moderately that it is to the great satisfaction of his very enemies so that he seemes neither dejected with feare nor to affect boldnesse with confidence but to carry himselfe with that constancy and resolution which his Innocency and brave parts doe promise The Irish Commissioners here have hitherto absteined from giving in any Remonstrance against the Lieutenant and doe still pleade to have an immediate
told him that he himselfe did not use to admit of exceptions against witnesses and therefore was to expect the same measure Hee replyed that Master Pym might one day perhaps bee atached for perswading the House of Commons to commit the same Crime that was laid upon him as a Charge of Treason But for all this the witnesse was received because in matter of Treason a mans enemy may witnesse against him pro Domino nostro Rege Though I suppose the Kings advice was never asked for the present This was all that was done for that time On Thursday hee was charged with the second Expression Thursday That hee said Ireland was a Conquered Kingdome and that the King might praescribe them what Lawe he pleased Expres 2. This they aggravated as a prime note of his Tyrannicall will and affection that would permit no Law to bound the Subject but what himselfe and such as he might draw up by sinistrous informations from a gracious and well meaning Prince and if this were admitted the whole Power and Liberty of the Republique would be utterly lost To this hee replyed That neyther was the Expression in Straffords Reply those words nor in that sence spoken or meant by him The first part of it said hee cannot bee denied To the second that hee had said only That the King was the Law-giver which he hoped none could deny without incurring the Crime of Treason And that the Kings Sentence was a Law in matter not determined by Acts of Parliament which all but dsloyall Subjects would grant And that it had beene ever his endeavor to have the Liberty of the Subject and the Royall Prerogative follow both in one Channell If either of them crossed other we could expect nothing but a subversion of the Common-wealth eyther by Tyranny or Rebellion That the Praerogative was like the first the Liberty of the Subject like the second Table eyther both or neither can be preserved That in his duty hee stood oblieged first to the King as Gods Anointed then in the second place to his Countrey if it did not crosse the Regall Power And therfore hoped that what hee had spoken was so farre from being Treason that hee thought a thousand such Expressions would not make up one Felony On Friday the two other Expressions were followed That Friday hee said Hee would not suffer his Ordinances to bee disputed by Lawyers before inferiour Judicatories and that hee would make Express 3. 4. an Ast of State equivalent to an Act of Parliament To the first hee said that hee had often said more then once that hee would not suffer his Ordinance to be contemned because in him his Masters Honour was wounded To the second Hee thought a proportionable obedience was due to Acts of State as well as to Acts of Parliament otherwise they were made in vaine if that both did not bind in one kinde The Lord Corke though his mortall Enemy was now examined Corks two falls and admitted as a witnesse whom in his Deposition hee convinced of two shamefull oversights For Corke had declared 1 Interiyning upon his Oath That the Lieutenant had caused to bee interlined an Ordinance against himselfe and had caused some words to be scraped out which words were notwithstanding still found to be in the Sentence by an authentique Coppy under the hand of Sir Paul Davison Clearke to the Councell-boord of Ireland Then Corke alleaged That hee had advanced a Groome of 2 His Groome his to be a Preacher who by a testimony from the University of Dublin he verified to have beene a Master of Arts ten or twelve yeeres before his advancement Adding withall that my Lord of Corke was an excellent Scholler who was able to breede such Groomes Upon Satterday having done with his Expressions they canvased Satterday the first Article about his actions Against the Lives of the Kings Subjects both in the Case of the Charge 1. Lord Mount-Norris and also of another of the Kings Subjects both of whom hee had Sentenced to Death by Martiall Law contrary to all Lawe and to the manifest subversion of the Priviledges of Subjects Magna Charta and the Petition of Right To the Lord Mount-Norris his Case hee Replyed 1. That though that Sentence had beene un justly given and Strafford's Reply rigorously prosecuted against him yet the greatest Crime that hee could bee charged withall would but amount to Manslaughter or Felony at the most 2. That hee hoped though this were true to obteine a Pardon from his gracious Master the Kings Majesty as well as Conway and Sir Jacob Ashley had lately done for exercising Matiall Lawe in the Northern Army Then hee Replyed to all the parts of the Charge which were foure 1. That hee had exercised Martiall Lawe in time of Peace To this hee Answered 1. That all Armies have beene and must bee governed ever by Martiall Law 2. That there is a standing Army in Ireland and therefore the Case is all one in time of Peace or Warre And that the Army might bee undone if they should not use Martiall Law but were to expect Remedy for the setling of a Mutiny or assurance of obedience from the Common-Law 3. That it had ever beene the practise of the Deputies particularly of Wilmot Faulkland Chichester yea Corke himselfe and therefore was no new thing brought in by him This hee proved both by the production of the Military Ordinances and by divers witnesses who knew Sentences given in that kind by them 4. That hee had a particular warrant in his Commission for this Power 5. That in the Lord Mount-Norris his Case hee was commanded to exercise the same by the Kings particular Letter both which hee caused to be read The second Charge was That he was both Party and Judge Charge 2. in the Lord Mount-Norris Cause To this hee Replyed That hee had sitten in judgement because Straffords Reply he was one sine quo non the Judgement could not proceede without him but that hee was not Judge but Party appeared 1. Because he sate discovered all the time 2. Because hee refused to give his own Opinion 3. Because hee did not give his Suffrage one way or other 4. Because hee removed his Brother Sir George from haveing hand in the Processe in regard of interest of blood The third Charge was That he proceeded summarily in the Charge 3. matter of the Lord Mount-Norris Hee Replyed First that hee was not Judge in it and that the Councell of Srafford's Reply Warre was to be answerable in the justification of their owne Proceedings Secondly That after a long reasoning hee had heard them say that no delay could safely bee granted in Martiall Courts The fourth Charge was That he had not heard the Exceptions Charge 4. made by Mount-Norris against his witnesses To this he answered as before That he was not Judge in the Straffords Reply Case and that he remembers
susteine Thirdly the necessity of that Court in that Kingdome which hath beene ever governed by that way and therefore impossible to debarre the natives from it without great inconvenience for it would utterly undoe them and none is prejudiced by it but the Lawyers And therefore seeing that he had done nothing but what was customary necessary and equitable Commanded to it and the Sentence just hee hoped rather for thanks from the State then a Charge for his ill Deportment withall he shewed with what Extortion and Violence the Lord Mount-Norris had taken seisure of that peece of Land and made the playing of his game to be very foule and at last hee added That he had done no more in Ireland then the Court of Request in England usually doth And that the Chancery Court in Ireland doth the same daily and the last Chancellor was never Charg'd said hee for such Proceedings though this his Power and Authority was lesse then mine But the difference of the Person and his Authority it seemeth differeth the matter And this was the businesse on Monday On Tuesday they passed by the 7 Article and the two first Tuesday Charge the latter part of the eight Article Lady Hibots Case parts of the 8 about the Lady Hibbotts Land That hee had violently thrust her from her possession by this Summary way of Justice and afterwards purchased the land to his owne use by borrowing the name of Sir Robert Meridith In this Probation the testimony of the Gentlewomans own sonne was used of the Lord of Corke and the Lord Mount-Norris all his back-friends or professed Enemies and yet they proved very little but what they tooke up upon hearesayes their prime Allegation was First That though the major part of the Councell-Boord had voted for the Lady yet the Lord Lievetenant had given Decrees against her Secondly That all was done to his own behoofe To the First Hee produced the Sentence under the hand Straffords Reply of the Clerke of the Councell-Boord subscribed by the Major part To the Second Hee attested that hee had no under-dealing with Meridith for the Lady had got her own Lands back from the said Sir Robert Meridith Hee also declared at length with what fraude and deceit the Lady had come to her Lands and upon what reasons they were restored After this Article they fell upon the ninth about the giving Charge Article 9. of Commission to the Bishop of Downe and Connar for apprehending all such Persons and presenting them before the Councell-Boord as contemned the Ecclesiasticall Ordinances This was aggravated as a point mainly against the Liberty of the Subject To this Hee Replyed Fist Hee produced the Primate of Irelands Testimony under Straffords Reply his hand hee being himselfe sick that the same course had been used in Ireland before and that Bishoppe Mountgomery his Predecessor in the Bishoprick of Methe had had the same Secondly Hee shewed the Equity that such assistance should bee given to Church-men who otherwise because of Papists and Schismaticks either to God or the King wâ—â—ld have no Respect or Obedience given them in that Kingdom Thirdly He proved by two witnesses that such Warrants were in use before his time Fourthly Hee said hee had never granted any but that one and had presently within some few Moneths called the same in againe what said hee was the Bishop of Downes carriage in it hee had no reason to answere for But hee presumed the Bishop could give a satisfactory answere for himselfe when hee should be called in question And so hee concluded that a matter so just so necessary so customary and practicall before Hee hoped should not bee Charged upon him as an Introduction of a new and Tyrannicall Forme of Government And therefore submitted himselfe to the Mercy of God and the Equity of his Peeres in his Tryall And this was the worke on Tuesday The ability of this brave Gentleman ravisheth his hearers with admiration though he bee infinitely spent both in Body and Mind by the continued and almost un-interrupted Agitation After the ninth Article was passed against the Commission issued Wednesday Charge Art 10. in favour of the Bishop of Downe and Connar Upon Wednesday Master Glyn proceeded to the tenth Article the Charge was That the Earle of Strafford having established an Arbitrary and Tyrannicall Government over the Lives Lands and Liberties of the Kings Subjects his next desire was to make intrusion upon the Crowne it selfe that by applying to his own use the Publique Revenues hee might bee the more enabled to accomplish his disloyall and trayterous intentions To which end having by a new booke of Rates enhaunced the Customes hee had gotten by advantage of his Lease above twenty six thousand pound yeerly This they added was a Crime of higher nature then those conteined in the Preceding Articles Because in those there was some colour or pretext of Justice here none those in Particulars this in Generall those against the Subject only this against the King himselfe For the Proofe of the Charge they produced the Lease of the Duke of Buckingham Which was read and compared with that Lease to the Dutchesse of Buckingham which the Lieutenant hath now by Assignemâ—â—t and some differences shewn arising to the sum of two thousand pounds in the Dukes Lease only the moity of concealed and forfeited Goods were due to him but the whole Goods to the Dutchesse in her Lease Againe the Kings ships of prizes did not pay Customes in the Dukes Lease in the Dutchesses they did Againe the Impost of the Wines then belonging to the Earle of Carlile was not in the Dukes Lease in the Dutchesses it was Lastly whereas the Earle of Strafford paid but fourteene thousand pounds per annum for the Custome it was worth to him as was apparent by the bookes of the Exchequor forty thousand pound Witnesses were examined First Sir James Hay who deposed that the Earle of Carlile had an advantage of one thousand six hundred pounds per an by his Lease of Wines Secondly The Lord Ranelaugh who deposed that by the inspection of the books of Accompts hee had found the Customes to be Anno 1636 thirty six thousand pounds Anno 1637 thirty nine thousand pounds Anno 1638 fifty foure thousand pounds Anno 1639 fifty nine thousand pounds With the Proofe they concluded the Charge That notwithstanding the Lord Strafford pretended a great measure of Zeale and Honesty in his Majesties service yet it is evident hee had abused the trust put upon him and by withdrawing so great summes of money from the Crowne had weakened the King praejudiced the Subject of the Protection they were to expect from him and had beene the cause that the extraordinary way of Impost and Monopolies had beene undertaken for supplying of the Royall necessitie And that this Act therefore ought to bee enough to make the Charge and Impeachment of high-Treason laid against him The Lievetenants Reply was That hee conceived
hee had Strafford's Reply given full satisfaction to all hitherto brought against him about that pretended Arbitrary Government nor would hee spend time in vaine Repetitions for the present Article though in all its parts it were granted to be true yet hee could not perceive by what Interpretation of Lawe it could imply the least Act of Treason and when it should be directly Charged upon him as a point of Misdemeanour Oppression or Felony hee made no doubt but hee should bee very able to cleere himselfe abundantly in that point also yet lest any prejudice might stick to his Honour by these bold Assertions Hee was content to steppe so farre out of the way as to give answere First That it concerned him nothing what particulars in the Lease had past betwixt the King and the Dutchesse of Buckingham or whether she had obteined a more easy Condition then the Duke her husband especially seeing that same was graunted some yeeres before his comming to that Government yet thus much hee could say That the Dutchesse had paid thirty thousand pound fine and therefore no mervaile her yeerely rent was the lesse Secondly For the booke of Rates wherein the chiefe matter of Oppression and Grievance seemed to rest the same was there established by the Deputy Faulkland An. 1628 3 yeers before his going into Ireland and therefore it was exceeding strange in his apprehension how that could rise up in judgement against him Thirdly That hee had his Interest in the Customes by Assignation of a Lease from the Duchesse which was given her before his Government nor did hee ever heare it alleaged as a Crime of Treason for a man to make a good bargaine for himselfe Fourthly That not of his owne accord but at the Kings speciall Command hee had undergone that Charge on hopes that upon the enquiry into the worth thereof the Customes might bee improved for the benefit of the Crowne and the true value thereof discovered This hee proved by the Lord Cottington and Sir Arthur Ingram Fiftly That when a new booke of Rates was recommended to him by the Councell-Board of England in the time of his Lease he so farre preferred a feare hee had That the Trade of Ireland might thereby be discouraged before his owne Commodity as hee presumed in all humility to refuse the said book of Rates and tendred his Reasons thereof to the Kingdome and Councell-Board of England Sixtly That hee never understood that the Customes could arise to those great summes alleaged but though they should yet his advantage was but small for first dividing the fourteene thounds hee paid to the King then five parts of eight which was yeerely given in upon Oath and that procured first by himselfe at the Exchequer Board the other three parts divided amongst foure of them which were equall sharers in the Lease would not amount to any great summe of money And therefore except it were Treason for him to have improved the Kings Revennue encouraged the Trade and refused the new booke of Rates hee could in his owne weake judgement discerne none there nor could hee thinke it a Crime for him to take an Assignation of a Lease graunted before his time and to insist in the booke of Rates used before his comming over And therefore was confident the Lords would rather take his Accusation as an exercise of Rhetorick in the Gentlemen his Adversaries then as a thing spoken in good earnest by them The same day the eleventh Article concerning Tobacco was Charge Aâ—tic 11. Charged on by the same man Master Glyn after this manner That for the farther advancement of his Tyrannicall and Avaritious Designes hee had of himselfe established a Monopoly for the restraint of Tobacco in that Kingdome where they offered five particulars to the proofe First That hee had restrayned the Importation of Tobacco Secondly That in the meane time hee had brought in a great quantity himselfe and sold the same at exorbitant Prizes Thirdly That of Tobacco already imported hee had forbidden any to bee sold but what was first sealed by his Officers Fourthly That upon a pretended disobedience hee had punished a great number of People by Seizures Imprisonments Fineing Whipping Pillory and such like cruell and inhumane usages Fiftly That by these meanes hee had gayned one hundred thousand pounds yeerely For Proofe hereof First The Proclamation for restrayning Tobacco was read Secondly The Proclamation about the sealing of the same Thirdly Some witnesses who declared that Shippes had beene restrayned from landing Tobacco Fourthly Others who had known some Tobacco seized on as forfeited Fiftly The Remonstrance of the House of Commons in Ireland declaring that the Earle had fold 500 Tunne of Tobacco which sold at 2 s. 6 d. per pound amounts to 100000 l. They concluded the Charge That hee had sucked up the blood and eaten up the Kings Liege-people and had by this one point of Oppression raysed greater summes to himselfe then all the Kings Revenue in that Kingdome extended unto And therefore was lyable to the Crime of Treason for troubling the Peace and bereaving the People of their goods who were entrusted into his Care and Government The Lievetenantss Reply was That his most secret thoughts were conscious of nothing but Straffords Reply of a sincere intention and indeavor to promote and advance the well-fare of that Kingdome And withall hee conceived by their leaves that nothing in that Charge could have the least referrence to Treason yet as hee said before for removing of all prejudice he was content to answere First That long before his comming to Ireland the same restraint had been of Tobacco and the same Impost of eighteen pence per pound enjoyned by King James Secondly That at that time the Trades-men for this Commodity paid but twenty pounds a yeere to the Crowne for the Impost but now 4000 l. Thirdly That the Parliament in Ireland 1628 had Petitioned to have this Impost setled by an Act of State for ever afterwards as a part of the Revenue of the Crowne Fourthly That hee had expresse command from the King for issuing those Proclamations and therefore could not Imagine more danger in them then in others for Monopolies in England in the worst sence Fiftly That the Proclamations were sent forth not by himselfe alone but by the whole Councell-Board of Ireland Sixtly That for the contract of Tobacco hee was so tender of it that it was sent over hither and seene and approved of by the Councell-Board of England before it was condiscended to in Ireland For the Proclamations Hee told them it was his own opinion and if hee failed in it hee humbly craved pardon and hoped that it should not bee Treason to have no more judgement then God had bestowed on him that the King was indued by God with a power to make temporary Lawes and cause the same to be promulgated for the good of his People upon suddaine emergent occasions to which Lawes obedience is due till
Copy not to bee First Because no transcript but the Originall only can make faith before the Kings Bench in a matter of Debt therefore farre bee it from them to receive a most slender testimony in matter of Life and Death before the supreme Judicatory of the Kingdome Secondly If Copies bee at any time received they are such as are given in upon Oath to have beene compared with the Originalls which are upon Record such an one was not that Copy It was Replyed by Master Glyn for all of them spake as occasion Glyns Speech served that the House had but the day before admitted Copies as evidences much more should they doe this when it was prosecuted by the Officer himselfe who best knew it having executed the same To this the Lievetenant answered that all other Copies Straffords Reply ought to bee received upon Oath to have beene compared with the Originall as right reason requireth but that this was not so And for the Officer himselfe producing it that was the best Argument hee could use why it should not bee admitted For said hee Master Savill may bee charged with Treason for seising men of warre upon the Kings Subjects hee hath nothing for his defence but a pretended Warrant from me Now what hee sweares to my prejudice is to his own advantage nor can a man by any equity in the world bee admitted to testify against another insuam justificationem The point seemed exceeding weighty and in effect was the Serjant Savils Coppy of the Commission rejected groundworke of the whole Article which not proved nothing could evince him to have beene accessory to the Consequence The upper House therefore adjourned themselves and went up to their own Court and after a very hot contestation betweene the factions and above an houres stay They returned and declared that the Lords after mature deliberation had resolved that the Copy should not bee admitted and desired them to proceede to other proofes which after a little pause they did First the Lord Ranelaugh affirmes that hee heard of such a Warrant and knew sometimes three sometimes five Souldiers Billeted by it Secondly Master Clare declares the very same Thirdly Another Deposeth hee had seene such a Warrant under the Deputies Hand and Seale And so much for the proofe For the Statute they alleaged one of Edw. 3 6. that whosoever should carry about with them English Enemies Irish Rebels or Hooded-men and sesse them upon the Subject should be punished as a Traytor Another of Hen. 6. 7. That whosoever should sesse men of warre in his Majesties Dominions should be thought to make warre against the King and punished as a Traytor They concluded It was evident the Lord Strafford had incurred the penalty and breach of both the Statutes and therefore desired the Lords should give out judgement against him as a Traytor The Lord Lieverenants Reply was That in all the course of his life hee had intended nothing Strafford's Reply more then the preservation of the Lives Goods and welfare of the Kings Subjects and that hee dared professe that under no Deputy more then under himselfe had there beene a more free and un-interrupted course of Justice To the Charge hee answered First That the Customes of Ireland differed exceedingly from the Customes of England and was cleere by Cookes book and therefore though sessing of men might seem strange here yet not so there Secondly That even in England hee had known Souldiers pressed upon men by the Presidents of Yorke and Wales in case of known and open Contempts and that both in point of Outlary and Rebellion and also even for sums of Debt between party and party there is nothing more ordinary then these Sessings to this day in Scotland whereby the chiefe house of the owner is seized upon Thirdly That to this day there hath beene nothing more ordinary in Ireland then for the Governours to appoint Souldiers to put all manner of Sentences in Execution which hee proved plainly to have beene done frequently and familiarly exercised in Grandisons Faulklands Chichesters Wilmots Corks Evers and all preceding Deputies times And had even for Outlaries for the Kings debts in the Exchequer of Collection of Contribution money and which comes home to the point for peteet soms of money between party and party so that hee mervailed quâ fronte or with what boldnesse it could bee called an Arbitrary Government lately brought in by him To this the Lord Dillon Sir Adam Loftis and Sir Arthur Teringham deposed the last of whom told that in Faulklands time hee knew twenty Souldiers Sessed upon a man for refusing to pay sixteen shillings sterling Fourthly that in his instructions for executing his Commissions hee hath expresse warrant for the same as were in the Instructions to the Lord Faulkland before him both of which were produced and read Fiftly That although all these Presidents were not yet it were not possible to governe the Kingdome of Ireland otherwise which had beene from all times accustomed to such summary Proceedings Sixtly that no testimony brought against him can prove that ever he gave warrant to that effect and for the Deeds of the Sarjeant at Armes hee did conceive himselfe to be answerable for it As for the Acts of Parliament hee had reserved them to the dispute of his Lawyers but was content to say thus much for the present First That it is a ground in the Civill-Law that where the King is not mentioned there hee cannot bee included But with all distance to his sacred Person bee it spoken hee conceived himselfe to be in his Master the Kings place for so his Commission did run in that Kingdome of Ireland Secondly The words of the Statute are not applyable to him for God knowes hee never went about in Person to lay Souldiers upon any of the Kings Subjects Thirdly That the Kings owne Souldiers enquiring in a Customary way obedience to his Orders could in no construction bee called Irish-Rebells English-Enemies or Hooded-men Fourthly That the use and custome of the Lawe was the best Interpreter thereof and for that hee had already spoken enough Fiftly That it savored more of praejudice then equity to start out such an old Statute against him and none others though culpable of the same fact to the overthrow and ruine of him and his Posterity Sixtly That under favour hee conceived for any Irish Custome or upon any Irish Statute hee was to bee judged by the Peeres of Ireland Seventhly That Statute of what force soever was Repealed First By the tenth of Henry the seventh where it is expresly declared nothing shall bee reputed Treason hereafter but what is so declared by the present Statute now not a word there of any such Treason Secondly By the eleventh of queene Elizabeth where expresly power is given to the Deputy of Ireland to sesse and lay Souldiers although the same bee reputed Treason in any other To the Statute of Henry the sixt hee Replyed that a
slender answere might serve Hee hoped that no man would thinke him so inconsiderate to warre against the King of Britaine and Ireland by the sessing of five Souldiers that hee had beene charged by many for taking Armes for the King but to that time never for taking Armes against him And that he heartily wished that no man in all his Majesties Dominions had more practises with Rebels and Rebellious Designes against the King then himselfe So much for Thursday At the close he desired the intermission of a day that hee might recollect his spirits and strength against the next quarrell and with some difficulty obteined rest till Satterday Upon Saterday Master Palmer proceeded to the sixteenth Article and Charged thus That the Lord Strafford having established Saterday Charge Article 16 by Master Palmer a Tyrannicall and Independent Authority by giving summary Decrees and Sentences had deprived the Subject of all just Remedy for in that Kingdome there was none supreme to himselfe to whom they might appeale And lest their just grievances might be made known to his Majesty hee had obteined a Restraint that no Complaint should be made of injustice or oppression done there till the first addresse had beene made to himselfe and that no person should come out of that Kingdome but upon Licence obteined from himselfe For Proofe of this First The Instructions were read whereby that Restraint was permitted Secondly The Proclamation That all Noblemen Gentlemen Undertakers Officers or other Subjects that should resort into that Kingdome should not come from thence without a Licence from him Thirdly That hee had restrayned the Earle of Desmond because of a suit in Lawe depending betweene the Earle and himself till publication of the same was passed Fourthly That the Lord Roch being informed against before the Starre-Chamber he would not Licence him to come into this Kingdome till the Sentence was passed against him Fiftly That one Marcatee having pretended a minde to travell was denied a Licence Sixtly That the whole Committe for the Parliament was Restrained this last yeere by Deputy Wansford which they said might be interpreted to be his fact both because they had such intelligence the one from the other as also by the Proclamation issued by him before Seventhly That one Parry servant to Chancellor Loftis was fined five hundred pounds at his returne for departing Ireland without Licence Eighthly That the Irish Remonstrance complained of this as the greatest innovation and thraldome put upon them since the time of the Conquest They concluded the Charge That by this meanes having taken off that intelligence which should hee betweene the King and his People and having deprived them of that Remedy which in reason they might expect from so just and so Gracious a Prince hee had taken upon him a Royall and Independent Power and had faulted highly both against King and State The Lievetenants Reply was That he hoped to make it cleere that he had done nothing Straffords Reply in that particular but what was Usuall Necessary and just and that he should be very well able by the Grace of God not only of that but of all other his publique actions to give a reasonable Accompt though not be free from much weakenesse yet certainly from all Malice and Treason To the Particulars First For Instructions laid upon him he was not so much Chargeable as those of the Councell of England whereof there was a great many present who could witnesse their commands But lest any thing should seeme unjustly enjoyned by them or embraced by him hee desired that the reasons of their Instructions might be read which were That it were In-justice to complaine of Injuries of Oppression done in that Kingdome till the first Deputies judgement were informed and tryall made of his Integrity that it would much discourage the Ministers of State there and expend the monies of that Kingdome if upon every trifling businesse Complaints should be admitted in England And that if justice were there denyed by the Deputy it should be lawfull for any man to come over Secondly For the Proclamation that the same was builded upon the Statute of that Kingdome the 25 of Hen. 6. which conteined the same Restraint Verbatim Thirdly That Anno 1628. the Agents for the Irish Nation had Petitioned for the same from the King Fourthly That the Deputy Faulkland had set forth the same Proclamation Fiftly that he had the Kings expresse Warrant for it Anno 1634. which was read Sixtly That he had received the Warrant in January yet the Proclamation issued not out till September after Seventhly That the whole Councell-Board of Ireland had not only condiscended but also pressed him to it Eighthly The necessity of the Kingdome required the same for if the Gentlemen had the Ports open to goe to Spayne and their Schollers to Doway Rhemes or St. Omers it were likely that at their returne they would put fire both in Church and State and produce very sad events by practising to distemper both Ninthly He conceived that the King as great Master of the Family might restraine whom he pleased from departing his Kingdome without his privity and here it was not lawfull for any to goe from England without Licence how much more necessary was this from Ireland To the Proofes he answered First For Desmond He granted he was Restrayned indeede but not for any suit of Law betwixt them but because at that time he stood Charged with Treason before the Councell in Ireland for practising against the life of one Syr Valentine Cooke Secondly For the Lord Roch he hath often times mervailed with what reason the man at that time could seeke a Licence seeing he was a Prisoner for debt in the Castle of Dublin and if he had granted a Licence unto him then it had beene a farre more just Charge of Treason then now Thirdly For Marcattee he was afraid of his going to Spain and if he had told him that he intended to goe for England and complaine of himselfe he would not have refused him Liberty as he never did to any Fourthly That the Committee of Irish was not restrayned by him and therefore did not concerne him at all Fiftly That for Parry he was fined indeede But that it is expresly said in his Sentence that it was not for coming over without Licence as is suggested but for sundry contempts against the Councell-Board in Ireland Sixtly That he had Replyed in the last Article a Remonstrance was no proofe at all He concluded that he hoped the least suspition of Treason could not accrue to him from the Article For Oppression or Misdemeanor when it was laid to his Charge he made no doubt but hee should bee able to answere it The same day a new man was hurried out against him Mr. Whitlock Whitlooks Charge Article 19 who having past over the 17 and 18 Articles resteth on the nineteenth about the Oath administred to the Scotts in Ireland and Charged thus That it was
the Councell-Board that the Scotts demands conteined sufficient matter to perswade to an offensive Warre Secondly That the same demands did strike at the Roote and Life of Monarchicall Government and were only to bee answered by the Sword Thirdly That he had caused some Scottish goods and ships to be seized on in Ireland Fourthly That he had engaged the Irish Parliament by their Declaration in that warre against the Scotts Fiftly That by all possible meanes hee had put bad thoughts and suspitions into his Majesty against his Scottish Subjects and laboured to make a National-quarell between them and England which if the Kings piety and the Prudence of better affected States-men had not prevented could not have beene soadered up againe without much blood Concerning England his speeches were eyther before or after the Parliament First Before his Creature and Bosom-friend Sir George Ratcliffe he had said to Sir Robert Kâ—ng when hee was doubting how the King might have monies to pay his Armies that the King had foure hundred thousand pounds in his purse thirty thousand men in the field and his Sword by his side and if hee wanted money afterwards who will pitty him Secondly That his brother Sir George Wentworth had said to Sir Robert Berington upon the dissolution of the last Parliament that seeing the English would not grant supply to the King it seemes they were weary of their Peace and desired to be conquered a second time Thirdly That hee himselfe upon a disâ—ourse with the Primaâ—e of Ireland had said that hee was much of the minde of those English Divines who maintayned it lawfull for a King having tryed the affection and benevolence of his People and then denyed their helpe upon an inevitable necessity and present danger of the Kingdome that he might use his Prerogative for his owne supply and the defence of his Subjects Fourthly To the Lord Conway in a discourse hee had said that if the Parliament meaning the last Parliament should not grant a competent supply that then the King was acquitted before God and Man and might use the Authority put into his hands Fiftly That hee did say at the Councell-Board If the Parliament should deny to helpe the King hee would take any other way he could for his Majesties service and assistance His expressions after the Parliament were two First That the Parliament had forsaken the King and that the King should not suffer himselfe to be over masteredly the frowardnesse obstinacy and stubbornnesse of his People Secondly That if his Majesty pleased to imploy Forces he had some in Ireland that might serve to reduce this Kingdome The Proofe for the Scots Particulars were these First The Lord Traquiere who was indeede very favorable to the Lord Lievetenant and spake nothing to his disadvantage but what was scrued from him with much difficulâ—y hee told them That when hee gave in the demands he heard him say that it was high time for the King to put himselfe into a posture of Warre but that first all the Councell of England said the same as well as hee Secondly That it was a double supposition First that the Demands were truely given in Secondly That there was no other remedy left but Armes to reduce them Secondly The Earle of Mortons testimony being sick himselfe was produced and it was one and the same with the Article Thirdly Sir Henry Vane was examined who declared that he had heard the Lievetenant to advise the King to an offensive Warre when his owne judgement was for a Defensive Fourthly the testimony of the Earle of Northumberland was produced which was the very same with Sir Henry Vanes Fiftly The Treasurer of England deposed the same with Troquiere Sixtly One Beane from Ireland told that hee had knowne Shippes seized on there but by whose procurement or Warrant he knew not To the Articles about England First Sir Robert King and the Lord Ranelaugh deposed the same that Sir Robert King and the Lord Ranelaugh had heard Sir George Ratcliffe speake those words in the Article Secondly Sir Robert Barrington of Sir George Wentworth Thirdly The Primates testimony who is sick was the same with the Article Fourthly The Lord Conway deposed the same with this Article Fiftly Sir Henry Vane deposed He had heard those words spoken at the Councell-Boord For the Words spoken after the Parliament to the first Sir Tho. Jermyne Lord Newburg Earle of Bristoll Earle of Holland were Examined Bristoll did mince the matter But Hollands testimony was expresse because of the exceeding great Love he carried to the Man For the last which were the most dangerous speeches about the reducing of this Kingdome there was only Sr. Henry Vanes testimony who declared only thus That hee had either those words or the like Here some of the Lievetenants friends shewed themselves 1. The Lord Savill who desired of Sir Henry Vanes to know whether he said their or this or that Kingdome and withall said it was very hard to condemn a man for Treason upon such peettit circumstances 2. The Earle of South-hamton desired to know whether Sir Henry Vane would sweare those words positively or not Sir Henry said positively either them or the like The Earle replyed that under favour those or the like could not be positive 3 The Earle of Clare desired to know what could be ment by this Kingdome for his part he said he thought it meant of the Kingdome of Scotland to which the word this might very well be relative that Kingdome being only mentioned in the praeceding discourse And that he was the more ready to bee of that opinion because he could not see by what Grammaticall construction it could be gathered from his words that he meant to reduce England which neither then was neither is now God be thanked out of the way of obedience nor upon Rebellious courses They at last concluded the Charge That the words were so monstrous that to aggravate them was to allay them and therfore they would simply leave them to the judgement of the Lords The Lieutenants Reply was That though the heaping up of those Articles had put him to Straffords Reply a great confusion yet he would endeavor to bring his Answere into the best method he could and first he would reply to the Proofe then add something in generall for himselfe in what a hard taking and lamentable condition he was to have his private discourses his most intimate and bosome friends search'd and sifted to the least circumstance that he might seeme guilty of that which by God's assiistance he should never be To the Lord Troqueeres and the Deputies depositions hee thought their proofes did not much stick upon him for upon the suppositions first that the demands were true secondly that they were not justifiable thirdly that no other course could prevaile Hee could not see what other advice he could possibly give the King then to put himselfe into a posture of Warre especially seeing then there was frequent reports
necessities And that these were his words he often proved over and over againe by the Marquesse by the Lord Treasurer Cottington Sir Tho. Jerminâ— My Lords what I have kept to the last said he is this and I would intreate you seriously to thinke of it If a mans Table his Bed his House his Brother his Friends and that too after they have given an oath of secrecy to be rak't to finde out Treason against him who never knew what it meant what earthly man shall passe free from Treason Let my misfortune my Lords be your advertisement your wise Ancestors were glad to put bands and limitts to this Lion Treason if you give him the large scope of words to range into he will at last pull you or yours all to peeces But my Lords I did never thinke till now that matter of Opinion should be objected as matter of Treason For first opinions are free and men may argue both pro con in all faculties without any staine of his reputation otherwise all consultations would be vaine Secondly I may be of another judgement then I declare my selfe to be of opinion perhaps to gaine better Arguments for the maintenance of my owne Grounds Thirdly Many and my selfe often times have propounded my Opinion yet upon hearing better judgements have presently changed it Fourthly We use to strayne our opinions too high sometimes that we may meete in a just moderation with those whom we conceive in the other extremity to be too low Fiftly It is expresly commanded by the Star Hen. 6 9 that though a man should say the King is not lawfull heire to the Crowne and may be deposed yet he is not to be charged with Treason but only with Felony And I hope my Lords those words are of a more transcendent and superlative nature then any alleaged by me to he spoken But my Lords said hee lay it to your hearts it must come to you you and your posterity are they whom God and Nature Byrth and Education have fitted to beautify the Royall-Throne and to susteine the weighty affaires of the Kingdome If to give your opinions in Politicall Agitatious shall be accounted Treason who will be willing to serve the King or what a dilemma are you in If being sworne Councellors you speake not your minds freely you are convict of perjury if you doe perhaps of Treason What detriment what Incommodity shall fall to King and Kingdome if this be permitted Which of you hereafter will adventure yea dare adventure so much as to helpe by your advise unlesse you be weary of your lives your estates your posterity yea your very Honour Let me never live longer then to see this confusion yea I may say it this inhumanity in England for my part my Lords I here confesse my selfe I ever have and ever shal speake my opinion freely in any thing that may concern the Honor and safety eyther of my gracious King or my deere Countrey though the sword be two edged fearing rather him that killeth the Soule then him whose power reacheth only to the body Nor doe I see how I am culpable of Treason unlesse it bee treason for not being infallible and if it be so my Lords you have this rag of mortality before you loaden with many infirmities though you pull this into shreds yet there is no great losse yea there may be a great gayne if by the same I may seeme to have dared too farre to give a testimony to the World of an Innocent conscience towards God and a Resolute loyalty towards my Prince which have ever beene my only Pole-starres in the whole course of my life and if by spilling of mine there be not a way found how to trace out the blood of the Nobility which I hope your Lordships will looke too there is no disadvantage at all suffered by the losse of me You have his very words as neere as I could recollect Tuesday was a day of Rest Upon Wednesday Whitlock Charged thus That the praeceding Wednesday Whitlocks Chaâ—ge Articles were of so high a consequence and of so transcendent a Nature that nothing wanted to make up the perfect measure of the most horrid Treason and monstrous Attempt that ever by a Native was intended against his King and Country But puting these defigned projects into Extention which had undoubtedly hapned to the ruine and subversion both of Church and State had not the clemency goodnesse of the Prince and the Piety and carefulnesse of the well affected Peeres timously foreseene and prevented the same that still the Principles of Tyrany and Oppression had lodged within his bosome and therefore had burst forth into these expressions and advises conteined in the following Articles where first in the twenty fifth they Charged him with three things First That hee had advised the King to a rigorous and unlawfull exaction of Ship-money Secondly That he had given Councell that if the Shreeves should deny their best endeavors and assistances to that effect they should bee sent for and fined by the Starre-Chamber and Impâ—isonment Thirdly That when the Aldermen of London had in all humility represented the Causes why the Ship-money could not be collected amongst them and had given in the Reasons why they refused to give in a List of their names within their City who were able to affoord the Loan-money Hee in a contemptuous Tyrannicall manner in the face of the Councell-Boord had said to the King Sir These men because of their obstinacy and frowardnesse deserved very well to bee fined ransomed and layed by the heeles And it will never goe well with your service untill some of them be hâ—nged up for examples to other The Proofes were these First The Bishop of London Lord Treasurer who declared that he remembred the words very well that the Lord Lievetenant had advised the King to cause the Ship-money to be gathered in but he remembred withall that both himselfe and all the Councell had done the like and that it was upon a present necessity and defect of money for entertayning the Army which the condition of the times considered they all conceived was by any meanes to bee kept on foote Secondly Alderman Wiseman declared that upon an humble Remonstrance made to the Councell-Boord the City would take it ill if a Tax-role should be delivered of their estates who were thought able for the Loan-money the Lord Strafford said they deserved to bee fined ransomed and laid by the heeles but for the words of hanging them up hee heard not at all Thirdly the Earle of Barkeshire declared that the Lord Strafford had said that upon the refusall of such a service enjoyned by the Kings peremptory command it was his Opinion they might be fined Fourthly Alderman Garway attested the preceding words and withall added that the Lord Lievetenant to his best remembrance had said It were well for the Kings service if some of theem were hanged up They closed the Charge That by such undutifull
That by such undutifull Councell and words hee had given more then sufficient proofe of his Designe and purpose to subdue this Kingdome and subvert the fundamentall Lawes and priviledges of the same The Livetenants Reply First That he had expected some proofs about the two Straffords Reply first particulars but did heare of none and that it was no small disadvantage to him to bee charged with a great many odious crimes by a booke printed and flying from hand to hand through the whole Kingdome yet when they came to prove there should bee no such thing layd against him Secondly About the Speeches Hee ingeniously confessed that some such thing might perhaps have escaped the dore of his lipps when hee saw their backwardnesse to his Majesties service and as the times were 〈◊〉 conditioned hee did not think it much amisse to call that faction by the name of Rebells But yet hee thought hee had abundantly satisfied for that oversight if it was any at Yorke For having understood there that the Citty of London were willing to make a Loan of mony he there before the great councell of the Peeres expressed himselfe to this sence That the Londoners had sufficiently made up all their delayes hitherto by their Act that the King was obliged to their forwardnesse and that hee himselfe should bee as ready to serve them as any poore Gentleman in England About the other words hee said that being in conference with some of the Londoners there came at that time to his hands a Letter from the Earle of Leicester then at Paris wherein were the Gazets inclosed reporting that the Cardinall had given some such order as to leavy mony by forces This hee said hee only told the Lord Cottington standing by without the least application or intention concerning the English Affaires Cottington being examined upon this declared the same in the same manner Thirdly To Sir Ralph Freeman hee said that his testemony did not concerne the Charge at all nor did hee think any thing amisse in it though hee had said it if the servants of the Mint refused to worke according to directions they did deserve the house of correction nor was it Treasonable to say the King might use that house for the correction of his servants as well as any man in the Citty for theirs Fourthly Hee said that there was no great likelyhood that hee had committed reall Acts of Treason when his adverse party was content to trifle away so much time about words neither was there any Treason in them though they had beene fully verified and therefore in that as in all other Articles hee reserved a power for his Councell to dispute in matter of Law They went to the twenty seveneth Article and charged thus That immediatly after his appointment to bee Livetenant to the Charge Article 27 Army here in England hee shewed what Principles of Arbitrary government lurked within his bosome for by his own immediate authority without and against Law hee had layd Impost of mony upon the Kings Subjects where they mention three particulars First That hee had imposed 8. d. per diem upon the County of York for enterteining the trayne Band there one whole Moneth Secondly That hee had sent out warrants for collecting the same and threatned to imprison such as should refuse to pay Thirdly That hee said that it was a Crime nigh to the Crime of high Treason Not to pay the same Fourthly They added that in his generall Replyes hee had brought two things for his defence first that this mony was freely and Voluntarily offered by those in Yorke-shire secondly that the great councell of the Peers had notice of the same To the first they answered that a petition was indeede preferred by the Yorke-shire men and a Moneths pay offered but that the Lord Strafford had refused to present the same upon this exception only because in the same they had petitioned for a Parliament whereby hee evidently declared what little Inclination he had to that way To the second they appeald to all the Lords present whether any such order did passe before the Councell of the Peeres at Yorke The Proofs were First A Warrant issued by Collonell Pennyman for this mony and anorher by Sâ—r Edward Osborne Secondly Master John Burrowes who declared that hee was Clerke to the great councell but did remember of no order and withall added that it might have passed at that time when heâ— attended at Rippon Thirdly Master Dunston who declared that hee had known that mony Levyed by some Musquetiers Fourthly By Sir William Ingram who declared that hee had heard the Livetenant say that to refuse the same came nigh to the Crime of high Treason They concluded the Chrage that by these particulars It was more then evident what unhappy purposes and trayterous Designes hee had to subdue this Kingdome and subvert the fundamentall Lawes and priviledges First To the Petition That it was a true Petition drawn Strafford's Reply up by the York-shire Gentlemen and as true that hee had refused to present the same because of that clause about the Parliament but the matter was thus At his Majesties comming to York it was thought necessary for the defence of that County to keep the Trayned Bond on foote because the Enemy was upon the borders and therefore the King directed him to write to all the free-holders in York-shire to see what they would do for their own defence The time and place were designed by the King but the night before the meeting a small number convented and in a private and factious way did draw up that petition upon the morrow at their appointed Dyet in presence of the whole number the Petition was presented to him where hee did advise them to leave out that clause and that because hee knew the King out of his own gracious disposition had intended to call a Parliament which he desired should rather be freely done then upon the constraint and Importunity of Petitions moreover it would seeme a mercenary thing in them at one and the same time to offer a benevolence and withall to petition for his favour upon this Remonstrance they were all willing to recall the Petition and directed him by word of mouth to offer unto the King the moneths pay in their names which hee did accordingly in the presence of fortie of them to their no small advantage This hee proved by Sir William Pennyman Sir Paul Neale Sir George Wentworth Sir William Savill Sir Thomas Danby who all of them declared as much in ample termes and withall added that nothing was done upon better grounds of necessity and obedience then the offer of that money and that they never had heard any man grudge against it to this time For the second about the councell of Peeres hee alleadged that hee never made mention of any order of theirs but hee remembered very well it was twice propounded before them that the King had approved it at that time
last with new matter or with supplementall Proofe hee might have leave to speake something in his owne Defence The Lord Steward answered It was all the reason in the world The Lievetenant went on thus MY LORDS This day I stand before you Charged with high-Treason My Lord Straffords last speech in the Hall the burthen is heavie yet farre the more in that it hath borrowed the Patrociny of the House of Commons If they were not Interessed I might expresse a no lesse easie then I doe a safe issue and good successe to the businesse but let neyther my weakenesse pleade my Innocence nor their power my guilt If your Lordships will conceive of my Defences as they are in themselves without referrence to eyther and I shall endeavor so to present them I hope to goe away from hence as cleerly justified as I am now in the testimony of a good Conference by my selfe My Lords I have all along my Charge watched to see that poysoned arrow of Treason that some men would faine have to be feathered in my heart and that deadly cup of wine that hath so intoxicated some petcy misalleaged Errors as to put them in the elevation of high-Treason but in truth it hath not beene my quicknesse to discern any such Monster yet within my breast though now perhaps by a sinistrous Information sticking to my cloathes They tel me of a two fold Treason one against the Statute another by the Common-Lawe this direct that consecutive this individual that Accumulative this in it selfe that by way of construction For the first I must and doe acknowledge that if I had the least suspition of my owne guilt I would spare your Lordships the pains cast the first stone at my self passe Sentence of condemnation against my selfe And whether it be so or not I refer my selfe to your Lordships judgement and Declaration You and only you under the favour and protection of my gracious Master are my Judges under favour none of the Commons are my Peeres nor can they be my Judges I shall ever celebrate the providence and wisdome of your noble Ancestors who have put the keyes of Life and Death so farre as concerns you and your posterity into your own hands not into the hands of your inferiours None but your own selves know the rate of your noble blood none but your selves must hold the ballance in dispencing the same I shall proceede in repeating my Defences as they are reduceable to these two maine points of Treason and for Treason against the Statute which is the only Treason in effect nothing is alleaged for that but the fifteenth two and twentith and twenty seventh Articles Here he brought the sum of all his Replies made to these three Articles before and almost in the same words as before only that testimony of Sir Henâ—y Vanes because it seemed pressing he stood upon it and alleaged five Reasons for the nullifying thereof First That it was but a single testimony and would not make Faith in a matter of Debt much lesse in a matter of Life and Death yea that it was expresly against the Statute to impeach much lesse to condemn him upon high-Treason under the testimony of two famous witnesses Secondly That he was dubious in it and exprest it with an as I doe remember and such or such like words Thirdly That all the Councell of eight except himselfe disclaime the words as if by a singular providence they had taken hold of his eares only Fourthly That at that time the King had levied no forces in Ireland and therefore hee could not bee possibly so impudent as to say to the King that hee had an Army there which hee might imploy for the reducing this Kingdome Fiftly That he had proved by witnesses beyond all exceptions Marquesse Hamilton the Lord Treasurer the Earle of Northumberland Lord Cottington Sir William Pennyman and Sir Arthur Terringham that there was never the least intention to land those Forces in England Hee went on So much for the Articles that concerne Individuall Treason To make up the Constructive-Treason or Treason by way of Accumulation Many Articles are brought against me as if in an heap of Felonies or Misdemeanors for in their conceit they reach no higher some prolificall seede apt to produce what is treasonable could lurke Here I am charged to have designed the ruine and overthrowe both of Religion and State The first seemeth rather to have beene used to make me odious then guilty for there is not the least proofe alleaged concerning my confederacy with the Popish-faction nor could there be any indeede never a servent in Authority beneath the King my Master was ever more hated and maligned by those men then my selfe and that for an Impartiall and strict executing of the Lawes against them Here your Lordships may observe that the greater number of the witnesses used against me eyther from Ireland or from Yorkeshire were men of that Religion But for my owne Resolution I thanke God I am ready every houre of the day to seale my disaffection to the Church of Rome with my deerest blood But my Lords give me leave here to poure forth the griefe of my Soule before you these proceeding against me seeme to be exceeding rigorous and to have more of praejudice then equity that upon a supposed Charge of my Hypocrisy or Errors in Religion I should be made so monstrously odious to three Kingdomes A great many thousand eyes have seen my Accusations whose eares shall never heare that when it came to the upshot I was never accused of them Is this fayre dealing amongst Christians but I have lost nothing by that Popular applause was ever nothing in my conceipt the uprightnesse and integrity of a good Conscience was and ever shall be my continuall feast and if I can be justified in your Lordships judgements from this grand imputation as I hope now I am seeing these Gentlemen have throwne downe the Bucklers I shall account my selfe justified by the whole Kingdome because by you who are the Epitomy the better part yea the very Soule and life of the Kingdome As for my Designe against the State I dare pleade as much Innocency here as in matter of my Religion I have ever admired the wisdome of our Ancestors who have so fixed the pillars of this Monarchy that each of them keepe a due proportion and measure with other and have so handsomly tyed up the nerves and sinnews of the State that the strayning of any one may bring danger and sorrow to the whole oeconomy The Praerogative of the Crowne and the Propriety of the Subject have such mutuall relations this takes protection from that that foundation and nourishment from this And as on the Lute if any one string be too high or too lowly wound up you have lost the Harmony so here the excesse of a Prerogative is oppression of pretended Liberty in the Subject Disorder and Anarchy The Praerogative must be used as God doth
his omnipotency upon extraordinary occasions the Lawes answerable to that potentia ligata in Creaturis must have place at other times And yet there must be a Praerogative if there must be extraordinary occasions the Propriety of the Subject is ever to be maintayned if it goe in equall pace with this They are fellowes and companions that have and ever must be inseparable in a well governd Kingdom and no way so fitting so naturall to nourish and entertayne both as the frequent use of Parliaments By those a commerce and acquaintance is kept betwixt the King and Subject these thoughts have gone along with me these fourteene yeerers of my publique employments and shall God willing to my Grave God his Majesty and my owne Conscience yea and all those who have beene most Accessory to my inward thoughts and opinions can beare me witnesse that I ever did inculcate this That the happinesse of a Kingdome consists in a just poize of the Kings Praerogative and the Subjects Liberty And that things would never goe well till They went hand in hand together I thanke God for it by my Masters favour and the providence of my Ancestors I have an estate which so interresseth me in the Common-wealth that I have no great minde to be a slave but a Subject nor could I wish the Cards to be shuffled over againe upon hopes to fall upon a better Set nor did I ever nourish such base mercenary thoughts as to become a Pander to the Tyranny and Ambition of the greatest man living no I have and ever shall aym at a fayr but a bounded Liberty remembring allwaies that I am a free-man yet a Subject that I have a Right but under a Monarch But it hath beene my misfortune now when I am gray-headed to be Charged by the Mistakers of the times who are now so highly bent that all appeares to them to be in the extreme for Monarchy which is not for themselves Hence it is that designes words yea Intentions are brought out for reall Demonstrations for my misdemeanors such a multiplying glasse is a praejudicate opinion The Articles conteine Expressions and Actions My Expressions eyther in Ireland or England My Actions eyther before or after these late stirres in this order he went through the whole Charge from the first Article to the last in an excellent Method and repeated all the summes and heads of what was spoken by him before only added in the twenty eighth Article if that one Article had beene proved against him it conteined more weighty matter then all the Charge besides And it had not only beene Treason in him but also vilany to have betrayed the trust of his Majesties Army Yet because the Gentlemen had beene sparing by reason of the times to insist upon that Article though it might concerne him much hee resolved to keepe the same Method and not utter the least expression that might seeme to disturbe the happy agreement intended though he wished the same might deceive his expectation only thus much he admired how himselfe being an Incendiary against the Scotts in the twenty third Article is now become their Confederate in the twenty eighth Article or how hee could be Charged for betraying New-Castle and for fighting with the Scots at Newbourne too seeting fighting with them was no possible meanes for betraying the Towne but to hinder their passage thither That hee never advised Warre farther then in his poore judgement concerned the very life of the Kings Authority and the safety and honour of his Kingdomes Nor saw hee what advantage could be made by a Warre in Scotland where nothing could be gained but many hard blowes For his part he honoured the Nation but he wished they might be ever under their owne Clymate and had no desire they should be too well acquainted with the better soyle of England but hee thought that Article had beene added in jest or as a supernumerary and he very little suspected to be reaconed a Confederate with the Scotts and wished as hee hoped it was that every English-man were as free from that imputation as himselfe closing his Defence with this speech My Lords You see what may be alleaged for this Constructive rather Destructive Treason For my part I have not the judgement to conceive that such a Treason is agreeable either with the fundamentall grounds of reason or Lawe not of Reason for how can that be Treason in the lumpe or masse which is not so in any of the parts Or how can that make a thing Treasonable which in it selfe is not so Not of Lawe since neither Statute Common-Lawe nor practise hath from the beginning of this Government ever mentioned such a thing and where my Lords hath this fire without the least appearance of any smoake lien hid so many hundred yeeres and now breakes forth into a violent flame to destroy me and my Posterity from the Earth My Lords do we not live by Lawes and must we be punished by Lawes before they be made Farre better were it to live by no Lawes at all but to be governed by those Characters of discretion and virtue that Nature hath stamped in us then to put this necessitie of Divination upon a man and to accuse him of the breach of Lawe before it be a Lawe at all If a Water-man upon the Thames split his Boate by grating on an Anchor and the same have a Buy appending to it he is to charge his owne Inobservance but if it hath none the owner of the Anchor is to pay the losse My Lords if this Crime which they call arbitrary-Treason had beene marked by any discerner of the Lawe the ignorance thereof should be no excuse for me but if it be no Lawe at all how can it in rigour or strictnesse it selfe condemn me Beware you doe not awake these sleeping Lions by the searching out some neglected Moth-eaten Records they may one day teare you and your Posterity in peeces It was your Ancestors care to chaine them up within the Baracadoes of Statutes be not you ambitious to be more skilfull and curious then your fore-fathers in the Art of killing My Lords it is my present misfortune for ever yours and it is not the smallest part of my griefe that not the Crime of Treason but my other sinnes which are exceeding many have presented me before this Barre and except your Lordships wisedomes provide for it it may bee the shedding of my blood may make way for the tracing of yours You your estates your Posterities lie at the stake If such learned Gentlemen as these whose tongues are well acquainted with such Proceedings shall be started out against you if your friends your Councell denied accesse unto you if your professed enemies admitted to witnesse against you if every word Intention or Circumstance of yours be sifted and alleaged as Treasonable not because of a Statute but because of a Consequence or construction of Lawyers peeced up in an high Rhetoricall straine and a
King the State the Lawes or Religion of this Kingdome but with my best endeavors to serve all and to support all So might God be mercifull to his Soule His words did justifie him more there then in Westminster Hall and made such a deepe impression in the hearers that a great many of those who cryed out for Justice against him after their fury was spent and their madnesse strewed with cold blood wished their tongues had beene cut out of their heads before they had opened their mouthes against him others most ignobly imputed this to his effronted boldnesse and are so perswaded of their own infallibility that they mervailed he beleeved not his Actions to be Errors vpon their Word and did not confesse their opinions of him to be truth it selfe A kinde of People they are beyond the cure of Bedlam and nothing but the whipping post or letting blood can doe them good or bring them remedy Vexatio tantum dabit Intellectum 't is nothing but sence will teach them judgement and affliction Charity and both these I feare are hastning on apace His Countenance was in a middle posture betwixt dejection and boldnesse a man may call it even courage and Innocence it selfe without any feare of Critticks nor could his very Enemies through their multiplying glasses perceive the least affectation of disguise in him never man looked death more stately in the face never man trembled more at his sinnes such were his contritions for his oversights and such his immovable confidence of Gods Pardon and his Mercy His Prayers ravished all the standers by that they could not judge whether to preferre his zeale or his poenitency yea the Primate of Ireland who is no complementer reported afterwards to the King that he had then first learned to make supplications aright to Godward and withall told his Majesty that he had seene many die but never such a white Soule this was his owne expression returne to ' its maker At which words the King was pleased to turne himselfe about and offer a teare to his Memory Tantorum mercede laborum And because mis-report about him and my Lords-Grace of Canterbury hath wandred as farre as Cambridge give me leave to adde the story of that mistake It was reported here by the divulgers of such slanders that a little before his death he had charged all his misfortunes oversights and misdemeanors upon the Arch-Bishop of Canterbury as the prime Author and had bitterly curst the day of their first acquaintance A pretty invention it was to charge the Axe againe and to furnish the People with lungs and voices to cry for another Sacrifice yea to staine this Martirs long white Robe with the Innocent blood of another Heroes Oh yee sonns of men How long will yee love vanity and seeke after leasing For this cause I was the more Inquisitive to learne out the truth of this particular and had it thus related to mee by a worthy divine Doctor Wimberly who dyning with my Lord of Canterbury the day after the Earle of Straffords Execution had it from his own mouth And my Lords grace it seems having heard of the mistake did at every period take the Lievetenant of the Tower then present his Attestation and Approbation That the Lord Strafford the night before the Execution had sent for the Lievetenant of the Tower and asked him whether it were possible hee might speake with the Arch-Bishop the Lievetenant told him hee might not doe it without order from the Parliament Master Lievetenant said hee you shall heere what passeth betwixt us it is not a time now either for him to plot Haerisy or me to plot Treason The Lievetenant answered that hee was limited and therefore desired his Lordship would Petition the Parliament for that favour no said hee I have gotten my dispatch from them and will trouble them no more I am now petitioning an higher Court where neither partiality can bee expected nor error feared But my Lord said hee turning to the Primate of Ireland then present what I should have spoken to my Lords grace of Canterbury you shall desire the Arch-Bishop to lend me his prayers this night and to give me his blessing when I doe go abroad to morrow and to bee in his window that by my last farewell I may give him thanks for this and all other his former favours The Primate having delivered the message without delay the Arch-Bishop replyed that in conscience hee was bound to the first and in duty and obligation to the second but he feared his weaknesse and passion would not lend him eyes to behold his last departure The next morning at his coming forth hee drew neere to the Arch-Bishops lodgings and sayd to the Lievetenant though I doe not see the Arch-Bishop yet give me leave I pray you to do my last observance toward his roomes in the meane time the Arch-Bishop advertized of his approach came out to the window then the Earle bowing himselfe to the ground my Lord said hee your prayers and your blessing the Arch-Bishop lift up his hand and bestowed both but overcome with griefe fell to the ground in Animi Diliquio The Earle proceeding a little farther bowed the second time saying Farewell my Lord God protect your Innocency To this relation the Lord of Canterbury added that it might perhaps seeme an effeminacy and softnesse unbecoming him to bee so cast down but hee hoped by Gods Assistance and his own Innocency that when hee came to his own Execution which hee daily longed for that the world should perceive hee had beene more sencible of the Lord Straffords losse then of his own and good reason it should bee so said hee for the Gentleman was more serviceable to the Church Hee would not mention the State then either himselfe or any of all the Church-men had ever beene And that there may bee a slaughter-Goat for the sinnes of the people in Scotland to wait upon this report they have fained another of the same meale that the Arch-Bishop of Canterbury casts back all his misdemeanors upon the Bishop of Ross as if either the Lord Strafford had beene tutored by the Ach-Bishop or hee by the Bishop of Ross in the King and Countryes service I did think that both of them had past their pupilage and could not have beene bended to execute the directions of any man living but only their own Masters but this is a faire advertisement to the Bishop of Ross to make himselfe the scape-Goat Hâ—â— fugenate Dâ—o Give me leave to adjoyne one thing more when hee was marching to the Scaffold more like the Generall in the head of an Army to breath victory then like a condemned man to undergoe the Sentence of Death the Lievetenant of the Tower desired him to take Coach for feare the people should rush in upon him and teare him in pieces No said hee Master Lievetenant I dare looke death in the face and I hope the People too have you a care that I
ever establish betwixt you and your Subjects Sir My consent herein shall acquit you more to God then all the world can doe beside To a willing man there is no injury done And as by Gods-grace I forgive all the world with a calmnesse and meekenesse of infinite contentment to my dislodging Soule so Sir I can give the Life of this world with all cheerefulnesse Immaginable in the just acknowledgment of your exceeding favours and only beg that in your goodnesse you would vouchsafe to cast your gracious Regard upon my poore Sonne and his three sisters lesse or more and no otherwise then their unfortunate Father shall appeate more or lesse guilty of this Death God preserve your Majesty Your Majesties most Humble and Faithfull Subject Servant STRAFFORD Tower May 9. 1641. The Petition of THOMAS Earle of Strafford to the right-Honorable the Lords Spirituall and Temporall in the Parliament at Westminster 1641. Sheweth THAT 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 fraile Nature He shall in all Christian patience and Charity conforme and submit to that 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 returne your Lordships most humble thanks for your noble Compassion towards those Innocent Children who now with his last blessing he commits to the protection of Almighty God beseeching your Lordships to finish your pious Intentions towards them and desiring that the reward thereof may be given you by him who is able to give above all that we are able either to aske or thinke wherein I trust the honorable House of Commons will afford rheir Christian assistance And so beseeching your Lordships charitably to forgive all his omissions infirmities he doth heartily and truly recommend your Lordships to the Mercies of our heavenly Father that for his goodnesse he may protect you in every good work Amen There was a foolish ridiculous and scandalous Speech printed which was pretended to have been spoken by the Earle of Strafford to certaine Lords before his comming out of the Tower which is protested against and avowed to be false by the Lord Primate of Ireland E of Cleveland E of Newport Lo. Rich Sir William Bâ—lfoure Sir William Wentworth Sir George Wentworth Dr. Carre Dr Price De Mortuis nil nisi verunt The Paper conteining the Heads of the Lord Straffords last Speech written with his own hand as it was left upon the Scaffold falling out of his Bosom 1. Come to pay the last Debt we owe to sinne 2. Rise to Righteousnesse 3. Dye willingly 4. Forgive all 5. Submit to Justice but in my intentions Innocent from subverting c. 6. Wishing nothing but good Prosperity to King and People 7. Acquit the King constreined 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and settlement of a Kingdome in blood 10. Beseech that demand may rest there 11. Call not blood on themselves 12. Dy in the Faith of the Church 13. Pray for it and desire their Prayers with me A true-copy of his Speech delivered on the Scaffold My L. Primate of Ireland IT is my very great comfort that I have your Lordship by me this day in regard I have beene known to you these many yeares and I doe thank God and your Lordship for it that you are heere I should bee very glad to obteine so much silence as to bee heard a few words but I doubt I shall not the noise is so great My Lords I am come hither by the good will and pleasure of Almighty God to pay that last debt I owe to sinne which is death and by the blessing of that God to rise again through the mirrits of Jesus Christ to righteousnesse and life aeternall Heere hee was a little interrupted My Lords I am come hither to submit to that Judgement which hath passed against me I do it with a very quiet and contented minde I thank God I doe freely forgive all the world a forgivenesse that is not spoken from the teeth outwards as they say but from the very heart I speake it in the presence of Almighty God before whome I stand that there is not a displeasing thought arising in me towards any man living I thank God I can say it and truly too my conscience bearing me witnesse that in all my imployment since I had the Honour to serve his Majestie I never had any thing in the purpose of my heart but what tended to the Joynt and Individuall prosperity of King and people although it hath beene my ill fortune to bee misconstrued I am not the first that hath suffered in this kinde it is the common portion of us all while wee are in this life to err Righteous Judgment wee must wait for in another place for heere we are very subject to bee mis-judged one of another there is one thing that I desire to free my selfe of and I am very confident speaking it now with so much cheerfullnesse that I shall obteine your Christian charity in the beliefe of it I was so farre from being against Parliaments That I did allwayes think the Parliaments of England were the most happy constitutions that any Kingdome or Nation lived under and the best means under God to make the King people happy For my Death I heere acquit all the world and beseech the God of Heaven heartily to forgive them that contrived it though in the Intentions and purposes of my heart I am not guilty of what I dy for And my Lord Primate it is a great comfort for me that his Majesty conceives me not merriting so severe and heavy a punishment as is the utmost execution of this Sentence I do infinitly rejoyce in this mercy of his and I beseech God returne it into his own bosome that hee may find mercy when hee stands most in neede of it I wish this Kingdome all the Prosperity and happinesse in the world I did it living and now dying it is my wish I doe most humbly recommend this to every one who heares mee and desire they would lay their hands upon their hearts and consider seriously whether the beginning of the happinesse and reformation of a Kingdome should bee written in Letters of blood consider this when you are at your homes and let me be never so unhappy as that the last drop of my blood should rise up in Judgement against any one of you But I feare you are in a wrong way My Lords I have but one word more and with that I shall end I professe that I dy a true and obedient Sonne to the Church of England wherein I was borne and in which I was bred Peace and prosperity bee ever to it It hath beene objected if it were an objection worth the answering that I have beene inclined to Popery but I say truly
to the Judicatorie that was sitting and not at all to meddle with the matter of fact The Lievetenant Replyed That in all humility hee did acknowledge that favour from the Lords and that it was such an one too as hee could not but expect from such Honourable Peeres and Just persons in whose integrity and goodnesse under that which hee had placed above hee had reposed his chiefest confidence for his councell they knew much better then himselfe what concerned the point of Discretion and Reverence and that hee doubted not but that they would give all satisfaction and obedience Then his Councell were called to the Barre Master Lane the Princes Attourney Master Gardiner Recorder of London Master Loe and Master Lightfoote Master Lane spake and much to this Sence and Purpose My Lords there is an heavy Charge lyeth on me and my fellowes nothing lesse then to defend the life the estate the Reputation yea the posterity of this Honourable person at the Barre If therefore wee shall bee more pressing we hope your Lordshipps will interpret this our forwardnesse to bee for Honour and Conscience sake in a matter that concerneth both so neerely But it shall bee our endeavour to carry our selves with our best respects to your Lordships and withall content and satisfaction to the honourable House of Commons and because your Lordships mentioned the matter of fact one thing I dare bee bold to say that all the time of this Noble Lords defences hee did not so much as crave any one of our opinions yea or acquainted us with any thing that tended that way And for the matter of Lawe those Statutes cited by himselfe were none of our stock but taken up at his owne adventure Nor doe I speake this to derogate from the pertinency of those Statutes for they shall be the subject of my discourse but that the Noble-man be not disappointed of your right conceptions and his own due praise My Lords It is your pleasure we meddle not with matter of Fact and indeede we neede not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Lawe doth so naturally arise out of the matter of Fact that of necessity under your Lordships favours wee must somewhat grate on this if we speake of that nor doe I conceive it possible for us to speake advantageously enough for the Lord Straffords just defence unlesse the whole matter of Fact be determined eyther as proved or not proved or at least some states of questions agreed upon where we may fixe and settle our Agreements and therefore it is my Lords that I have chosen not at all to touch the matter of Lawe untill your Lordships shall be pleased to chalke me out a way unlesse it be to cleere your judgements in one Statute only viz. 25. Ed. 3. because when the same was alleaged by the Lord Strafford in his owne Defence that not being convict of the Letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their own ends My Lords I will first speake of the Statute it selfe and then of its Salvo or Provision The Statute is That if any man shall intend the death of the King his Queene their Children Kill the Chancellor or the Judge upon the Bench imbase the Kings coyne or counterfeit the broad-Seale c. hee shall be convicted and punished as a Traytor that the Lord Strafford comes within the Letter of this Statute is not so much as once alleaged nor indeede it cannot bee with any reason All that can be said is that by Relation or by Argument a minore admajus he may be drawn thither yet that this cannot bee 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-Lawes but Lawes of Construction or Constitutive Secondly This is a poenall Lawe and such if our grounds hitherto unquestioned hold good can admit of no Constructions or Inferences for poenalties are to perswade the keeping of known Lawes not of Lawes conjecturall ambiguous and by consequence which perhaps the most learned may not in their disputes question much lesse the Subject who is not oblieged to interpret the Statute doubt of in the point of obedience yea rather without any doubt hee is to obey the Letter of the Statute and conceive and that truly that hee is not lyable to the Poenalty Thirdly We have a notable Lawe 13 Eliz. Cap. 2. whereby it is declared that the bringing in of Bulls from Rome to stirre up the Subject to Mutiny and Rebellion shall bee punished as Treason Now if by interpretation or by consequence this sence might have beene thrust upon the praeceding Statutes the making of this had beene supersluous yea the Persons then charged with that Crime might have beene impeached of Treason even before the making of this Act. Anno 21 of Ed. 3. Wee have a Statute declaring That for a servant to kill his Master is an Act of Treason and in the three and twentith yeere of the same King a Processe of Treason was framed against a man for killing his Father grounded upon the same Argument A minori admajus But it was found and the Sentence is yet in the Records that although in the 21 yeere of Ed 3. that Argument might have beene admitted yet in the 27 it could not by reason of the Declarative Lawe interveining in the 25 yeere and this Case comes very home to the point in Lawe My Lords I will not demand what kinde of offence it may be for a man to subvert the fundamentall Lawes of a Kingdome the Crime doubtlesse is unnaturall and Monstrous and the punishment must keepe the same proportion only I presume to offer these few things to your Lordships considerations First That one or more Acts of Injustice whether maliciously or ignorantly done can in no sence of Lawe be called the subversion of the fundamentall Lawes if so as many Judges perhaps so many Traytors It is very incident to mans nature to erre nor doth the Lord Sttafford pleade his innocency in oversights but in Treason Secondly I doe remember the Case of John de la Poole Duke of Suffolke this man in the twenty eighth of Henry the sixt was Charged by the house of Commons with Articles of Treason and those too very like to these against my Lord Strafford 1. That he had given the King bad advices 2. That he had embased his Coyne 3. That he had cessed men of warre 4. That he had given out summary Decrees 5. That he had Imposed Taxes 6. That he had corrupted the Fountains of Justice 7. That he had perswaded the King to unnecessary warre and to the giving over of